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RDA Resolution 1995-14^# II RESOLUTION NO. RA 95-14 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A THIRD IMPLEMENTATION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND E.G. WILLIAMS DEVELOPMENT CORPORATION. THIRD IMPLEMENTATION AGREEMENT E.G. WILLIAMS DEVELOPMENT COMPANY WHEREAS, the La Quinta Redevelopment Agency, a public body, corporate and politic the Agency") and E. G. Williams Development Corporation, a California Corporation the Developer") entered into a Disposition and Development Agreement dated July 5, 1 994 the DDA"); and WHEREAS, the parties amended the DDA on the 20th day of September, 1 994(the Amended DDA"); and WHEREAS, the parties entered into an initial Implementation Agreement to clarify and revise certain attachments to the Amended DDA to assist in obtaining Fannie Mae approval to enable the sale of low to moderate units; and WHEREAS, the parties entered into a Second Implementation Agreement on July 5, 1 995, to make additional revisions in order to meet Fannie Mae approval; and WHEREAS, Section 406 of the Amended DDA contemplated that revisions may need to be made to achieve the purpose of providing affordable housing to low and moderate income buyers; and WHEREAS, the parties desire to enter into a Third Implementation Agreement the Agreement"), attached hereto as Exhibit A" and incorporated herein by reference; NOW, THEREFORE, the Redevelopment Agency of the City of La Quinta does resolve and finds as follows: SECTION 1. The Agency finds and determines that: *a) the approval of the Agreement will promote the objectives of the Redevelopment Plan and promote the health, safety and welfare of the citizens of the City of La Quinta; and b) the Agreement is consistent with the orderly development of the improvements to be provided by the Developer pursuant to the Amended DDA. BIB] 11-03-1997-U01 02:33:19PM-U01 ADMIN-U01 RDARES-U02 95-U02 14-U02 ^# a SECTION 2. The Agency approves the Agreement in the form of Exhibit A" and authorizes and directs the Chairman and the Secretary to execute that Agreement and such other documents as may be determined by Agency Counsel to be necessary or appropriate to effectuate the DDA as amended. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held on this 3rd day of October, 1 995 by the following vote: AYES: Members Bangerter, Cathcart, Perkins, Chairman Sniff NOES: None ABSENT: Member Pena ABSTAIN: None La Quinta Redevelopment Agency ATTEST: La Quinta Redevelopment Agency APPROVED AS TO FORM: *(7 %;A*e** DAWN C. HONEYWELL, Attorney La Quinta Redevelopment Agency 2 BIB] 11-03-1997-U01 02:33:19PM-U01 ADMIN-U01 RDARES-U02 95-U02 14-U02 ^# II ATTACHMENT #1 THIRD IMPLEMENTATION AGREEMENT by and between the LA QUINTA REDEVELOPMENT AGENCY *`AGENCY'* and E*G. WILLIAMS DEVELOPMENT CORPO*ON DEVELOPER" 3-3IMFLGAGM BIB] 11-03-1997-U01 02:33:19PM-U01 ADMIN-U01 RDARES-U02 95-U02 14-U02 ^# This THIRD IMPLEMENTATION AGREEMENT the *AGREEMENT") is entered into by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic the AGENCY") and E.G. WILLIAMS DEVELOPMENT CORPORATION, a California corporation the *VELOPER"). WHEREAS, the parties originally entered into that certain Disposition and Development Agreement dated July 5 1994 the DDA"); and WHEREAS, the parties amended the DDA on the 20th day of September, 1994, the Amended DDA"); and WHEREAS, the parties entered into an initial Implementation Agreement to clarif* and revise certain attachments to the Amended DDA to asSist in obtaining Fannie Mae approval to enable the sale of low to moderate units; and WHEREAS. the parties entered into a Second Implementation Agreement as certain attachments of the Amended DDA required additional revisions in order to meet both HUD and Fannie Mae approval thereby allowing the for sale low and moderate units to be sold; and WHEREAS, the parties agree that greater flexibility is required in the way the previously authorized Second Trssst Deed assistance may be utilized and a rnrnor increase in the purchase price of the units is necessary to properly secure with a Second Trust Deed are the obligations of the home buyer; and WHEREAS, Section 406 of the Amended DDA contemplated that revisions may need to be made to the terms of the Agreement in order to achieve the purpose of providing affordable housing to low and moderate income buyers; and NOW, THEREFORE, the parties hereto agree as follows: Section 1. The Agency hereby authorizes the deletion of the requirement on Page 7 in the definition of Qualifying Buyer" that the Quali*ing Buyers shall contribute the applicable closing costs" and allow the non-recurring closing costs to be flinded out of the originally approved amount of up to approximately Sixty Thousand Dollars $60,000) available for the Second Trust Deed assistance per unit applicable only to very low and low income home buyers. Section 2. The Agency hereby authorizes an increase in the Maximum Purchase Price" definition on Page 6 to the following amounts: Model 1 $107,990 Model2 $112,990 Model3 $116,990 Section 3. This agreement is solely an implementation of the Amended DDA and will allow for the revisions only of those items necessary to effectuate the purpose of providing affordable for sale housing for low to moderate income qualified buyers. 3-3IMPLG.AGM BIB] 11-03-1997-U01 02:33:19PM-U01 ADMIN-U01 RDARES-U02 95-U02 14-U02 ^# IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement on the respective dates set forth below. day of 1995 LA Quinta REDEVELOPMENT AGENCY* By_______________________ STANLEY SNIFF, Chairman City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, Agency Secretary City of La Quinta, California Approved as to form: DAWN HONEYWELL, Agency Counsel City of La Quinta, California E.G. WILLIAMS DEVELOPMENT CORPO*ON Developer*' By______________________ Its_____________________________________ BIB] 11-03-1997-U01 02:33:19PM-U01 ADMIN-U01 RDARES-U02 95-U02 14-U02