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HA Resolution 2023-004 Blackpoint PSA Amend 1 Stormwater ImprovementsRESOLUTION NO. HA 2023 — 004 A RESOLUTION OF THE LA QUINTA HOUSING AUTHORITY OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE LA QUINTA HOUSING AUTHORITY AND BP DUNE PALMS, LP, BY GENERAL PARTNER BLACKPOINT PROPERTIES, LLC, TO ACQUIRE A PORTION OF CERTAIN VACANT REAL PROPERTY COMPRISED OF APPROXIMATELY 5.2 ACRES, LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD; IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 600-030-018 WHEREAS, the La Quinta Housing Authority (the "Authority" or "Buyer," used interchangeably) is a public body, corporate and politic, organized, and existing under the California Housing Authorities Law (California Health and Safety Code Section 34200 et seq.); and WHEREAS, pursuant to California Health and Safety Code Section 34315, the Authority has the power, among other enumerated powers, to purchase, sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest in it; and WHEREAS, the Authority has negotiated the acquisition of certain real property from BP Dune Palms, LP, by General Partner Blackpoint Properties, LLC ("Blackpoint" or "Seller," used interchangeably), comprised of approximately 5.2 acres, located on the northeast corner of Highway 111 and Dune Palms Road (APN: 600-030-018) ("Property") as described in the enclosed Exhibit A, using Successor Agency (SA) 2011 Low/Mod Bond Funds and General Fund Unassigned Reserves transferred to the Land Acquisition Fund (Account No. 249-0000-74010); and WHERSAS, on January 17, 2023, the Authority approved an Agreement for Purchase and Sale and Escrow Instructions (the "Agreement") by and between the Authority and Blackpoint, to acquire the Property; and WHEREAS, the Authority and Blackpoint have mutually agreed to amend Section 5.8.2 of the Agreement and remove terms and conditions related to a Stormwater Outflow Reimbursement Agreement, as more particularly described in Amendment No. 1 to the Agreement; and WHEREAS, this Property acquisition will further the Authority and City's goals of fostering mixed-use development, affordable housing, multi -modal transportation; will support the Regional Housing Needs Assessment (RHNA) mandate for the City; and Resolution No. HA 2023-004 Amendment No. 1 to an Agreement for Purchase and Sale and Escrow Instructions with Blackpoint for Real Property Acquisition — approximately 5.2 acres, located at the northeast corner of Dune Palms Rd and Highway 111; APN: 600-030-018 Adopted: October 17, 2023 Page 2 of 3 potentially provide commercial opportunities for businesses along the Highway 111 Corridor; and WHEREAS, the Property acquisition is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Section 15061 (b)(3) "Common Sense Exemption," in that the purchase of this property would not have a significant effect on the environment; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. NOW, THEREFORE, BE IT RESOLVED by the La Quinta Housing Authority, as follows: SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the Property acquisition is exempt from environmental review pursuant to CEQA Section 15061 (b) (3) "Common Sense Exemption." SECTION 3. The governing body of the Authority hereby authorizes the Authority's Executive Director to execute Amendment No. 1 to the Agreement for Purchase and Sale and Escrow Instruction, and process and execute documentation as may be necessary and proper to accept ownership of the Property. The Authority consents to the Authority's Executive Director and Authority's Legal Counsel making any final modifications to Amendment No. 1 that are consistent with the substantive terms of the previously approved Agreement, and Amendment No. 1, approved hereby, and to thereafter sign Amendment No. 1 on behalf of the Authority. SECTION 4. This Resolution shall take effect upon its adoption. The Authority Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular quarterly meeting of the La Quinta Housing Authority held this 17th day of October 2023, by the following vote: AYES: Authority Members Evans, Fitzpatrick, McGarrey, Sanchez, and Chairperson Pena NOES: None ABSENT: None ABSTAIN: None Resolution No. HA 2023-004 Amendment No. 1 to an Agreement for Purchase and Sale and Escrow Instructions with Blackpoint for Real Property Acquisition — approximately 5.2 acres, located at the northeast corner of Dune Palms Rd and Highway 111; APN: 600-030-018 Adopted: October 17, 2023 Page 3 of 3 A. JOHN PUNA, C#a0erson La Quint Housing Authority, California ATTEST: MONIKA RADEVA, Authority Secretary La Quinta Housing Authority, California (AUTHORITY SEAL) APPROVED AS TO FORM: r WILLIAM H. IHRKE, Authority Counsel City of La Quinta, California La Quinta i +.. " High School • i fit �All�: ; t . _ �'4 • La Quinta c v Valley ' '' • ; �� ,1 � Durn of 00 At No • • •. Highwa Y 111 a+ .mow - • :.. r• _ Coral Mountain: -1 • Apartments J.9 �. SS, ource: Esh figitaLGlo.�e, GeoEye, Earth; USDA, USGAeroGID�IG�Nt►ain. d the G RESOLUTION NO. HA 2023-004 EXHIBIT A ADOPTED: OCTOBER 17, 2023 A raw, 1i1 FA M ■-fl�l PROPERTY ACQUISITION DUNE PALMS AND HWY 111 W �GNNCv City of La Quinta Planning Division Design and Development Department December 2022 12