HomeMy WebLinkAboutSA-RDA 084RESOLUTION NO. SA-RDA084
A RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING FIRST
AMENDMENT TO THE PURCHASE OPTION AND SALE AGREEMENT BY AND
BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY AND DESERT WAVE VENTURES, LLC FOR LOT
PAD "B" WITHIN THE DESERT WILLOW RECREATION AREA (14.65 ACRES,
APN 620-420-023) PURSUANT TO THE LONG RANGE PROPERTY
MANAGEMENT PLAN AND TAKING RELATED ACTIONS
RECITALS:
A. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's
decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 CaL 4th
231 (2011), the former Palm Desert Redevelopment Agency (the "Former Agency") was
dissolved as of February 1, 2012, the Successor Agency to the Palm Desert Redevelopment
Agency (the "Successor Agency"), as the successor entity to the Former Agency, was
constituted, and a board of the Successor Agency (the "Board") was established.
B. AB X1 26 added Part 1.8 (commencing with Section 34161) and Part 1.85
(commencing with Section 34170) to Division 24 of the California Health and Safety Code ("HSC")
(such Parts 1.8 and 1.85, including amendments and supplements enacted after AB X1 26, being
referred to herein as the "Dissolution Act").
C. Pursuant to the Dissolution Act, the Successor Agency is tasked with winding down
the affairs of the Former Agency.
D. Pursuant to HSC Section 34175(b), all real properties of the Former Agency
transferred to the control of the Successor Agency by operation of law.
E. On May 5, 2014, the Oversight Board adopted Resolution No. OB-073, approving
a Long -Range Property Management Plan (the "Original LRPMP") which addresses the
disposition of the real properties owned by the Successor Agency.
F. On June 2, 2014, the State Department of Finance (the "DOF") approved the
Original LRPMP.
G. On September 21, 2015, the Oversight Board approved an amendment to Original
LRPMP (the "LRPMP Amendment"),
H. On December 9, 2015, the DOF approved the LRPMP, as amended by the LRPMP
Amendment (the "LRPMP").
I. Pursuant to HSC Section 34191.3, the DOF-approved LRPMP shall govern, and
supersede all other provisions of the Dissolution Act relating to the disposition and use of the real
property assets of the Former Agency.
J. On August 15, 2018, the SARDA of City of Palm+,Desert..;ard_ 1Qesert Wave
Ventures, LLC entered into a valid Purchase Option and Sale AgrOment-(thel''A'g+reement")
K. The expiration of the Agreement was extended :to August/l.6, 202.1,1h�ough
various additional actions authorized by the Agreement, and executed by the SARDA Executive
Director. = _
-1-
Resolution No. SA-RDA084
L. The SARDA Executive Director has exhausted any further administrative ability
authorized by the Agreement to extend the closing date beyond August 16, 2021, and therefore
additional extensions require review and approval by the Riverside County Oversight Board.
M. In its meeting of April 22, 2021, the SARDA Board authorized the execution of First
Amendment which provides for various extensions of the closing date and from time to time.
N. An appraisal of the property was ordered from Capital Realty Analysts and
received on May 16, 2018. The report places the current appraised value of the property at
$2,050,000.
O. The Board is adopting this Resolution to approve First Amendment and authorizes
staff to supply the necessary materials for review by the Riverside County Oversight Board.
P. Lot Pad "B" is not subject to the Surplus Lands Act (State Government Code Title
5, Division 2, Part 1, Article 8, Sections 54220-54234) because the Agreement was entered in to
in August of 2018 which is prior to December of 2020, the cut off period for Surplus Land Act.
NOW, THEREFORE, THE BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
-FOLLOWS:
Section 1. The above recitals, and each of them, are true and correct.
Section 2. The Board hereby directs the execution of First Amendment to the
Agreement which shall only be entered into by the Successor Agency after approval of the First
Amendment by the Consolidated Countywide Oversight Board to the Successor Agency and the
approval if required, or deemed approval, by the Department of Finance.
Section 3. The members of this Board and the staff of the Successor Agency are
hereby authorized, jointly and severally, to do all things which they may deem necessary or proper
to effectuate the purposes of this Resolution and the disposal of the subject property.
Section 4. The First Amendment is subject to conforming and clarifying changes
acceptable the Executive Director and SARDA Counsel, and the Executive Director is authorized
to take such actions to implement the First Amendment.
APPROVED and ADOPTED this 22nd day of April, 2021.
AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
KAT LEEN KELLYC dRPERSON
ATTEST,'
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M-GLORI S,NCHEZ, SEC siARY
PALM pE ERT SUCCES R AGENCY TO
THE , VI DESERT REDEVELOPMENT AGENCY