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RDA Resolution 1992-03, RESOLUTION NO. RA92-3 RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY AUTHORIZING EXECUTION OF AN AMENDMENT TO OWNER PARTICIPATION AGREEMENT PROVIDING FOR THE CONSTRUCTION OF CERTAIN ADDITIONAL PUBLIC IMPROVEMENTS WHEREAS, the La Quinta Redevelopment Agency the Agency") is carrying out the Redevelopment Plan the Redevelopment Plan") for the La Quinta Redevelopment Project No. 2 the Project"); and WHEREAS, the Agency has approved an Owner Participation Agreement the OPA") between Washington/Adams L.P. and the Agency providing for the development of a retail shopping center on certain real property the Site") located within the boundaries of the Project; and WHEREAS, pursuant to the OPA, the Agency is responsible for a portion of the costs of certain public improvements to be constructed and installed in connection with the development of the Site; and WHEREAS, one additional public improvement, the rough grading of Adams Street between Highway 111 and Avenue 47, has become necessary subsequent to the execution of the OPA in order for the Developer to timely complete the construction of the Wal-Mart store to be constructed on the Site; and WHEREAS, the Agency has previously agreed to finance the cost of that additional public improvement at a later time; and WHEREAS, the cost of the additional public improvement is estimated to be approximately Seventy-Three Thousand Dollars $73,000); and WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law, the Agency is authorized with the consent of the City Council to be responsible for all or any part of the value of and the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without the Project Area upon a determination by the City Council that such building, facility, structure or other improvement is of benefit to the Project Area or the immediate area in which the Project is located and that no other reasonable means of financing such building, facility, structure or other improvement is available to the community; and BIB] 09-16-1997-U01 10:48:25AM-U01 ADMIN-U01 RDARES-U02 92-U02 03-U02 ,RESOLUTION NO. RA 92-3 WHEREAS, the City Council has made the above finding by resolution concurrently with the Agency*s approval of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency as follows: Section 1. The Agency hereby finds and determines that the provision of the additional public improvement consisting of the rough grading of Adams Street between Highway 111 and Avenue 47 by the Agency in connection with the development of the Site in the manner set forth in the OPA is of benefit to the Project Area and that no other reasonable means of financing such additional public improvement is available to the City, and the Agency is authorized, based upon the consent of the City Council, to participate in the costs of installation and construction of such additional public improvement. Section 2. The Agency hereby approves and authorizes the execution of an amendment to the OPA which requires the Developer to undertake the construction of the additional public improvement and requires the Agency to pay the cost therefor Section 3. The Chairman and the Executive Director of the Agency are hereby authorized to negotiate, draft and execute an amendment to the OPA on behalf of the Agency, which amendment is consistent with and carries out the terms of this Resolution. ADOPTED this 17th day of March 1992. LA QUINTA REDEVELOPMENT AGENCY Chairman O3/1*/92 BIB] 09-16-1997-U01 10:48:25AM-U01 ADMIN-U01 RDARES-U02 92-U02 03-U02 ,RESOLUTION NO. RA 92-3 I hereby certify that the foregoing Resolution was duly and regularly adopted by the La Quinta Redevelopment***o*rnent Agency at a regular meeting thereof held on the day of March 1992, by the following vote: AYES: Mrs. Franklin, Mr. Rushworth, Mr.Sniff and Chairman Pena NOES: None ABSENT: None ABSTAIN: Mr. Bohnenberger 03/16/92 9952u/258B/000 BIB] 09-16-1997-U01 10:48:25AM-U01 ADMIN-U01 RDARES-U02 92-U02 03-U02