HomeMy WebLinkAboutSA-RDA 089RESOLUTION NO. SA -RDA 089
' A RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO
THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A
PURCHASE OPTION AGREEMENT FOR AN APPROXIMATELY 93-ACRE
SITE (APNS694-310-002, 003, AND A PORTION OF 006) (THE "SITE),
LOCATED WEST OF PORTOLA AVENUE AND SOUTH OF GERALD
FORD DRIVE 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").
09896.06000\33492564.1
RESOLUTION NO. SA -RDA 089
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. In December 2020, the Successor Agency received a proposal for the site,
totaling 93-acres with APNS 694-310-002, 003, and 006.
K. The proposal received was in the amount of $5,595,105 received from
Refuge Palm Desert, LLC.
L. On December 8, 2020, the Successor Agency entered into an exclusive
right to negotiate an agreement with Refuge Palm Desert, LLC.
M. A current appraisal of the property was ordered from Newmark Knight and
Frank dated February 25, 2021. The report places the current appraised value of the
property at $5,595,105.
N. The Board is adopting this Resolution to approve the Real Estate Option
and Purchase and Sale Agreement and Escrow Instructions (the 'Purchase and Sale
Agreement') for the sale of an approximately 93 acres located west of Portola Avenue
and south of Gerald Ford Drive, and pursuant to the LRPMP, on file with the Successor
Agency.
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 Interim Executive Director to execute
a Purchase and Sale Agreement with Refuge Palm Desert, LLC for an approximately 93-
acre site located west of Portola Avenue and south of Gerald Ford Drive, which Purchase
and Sale Agreement shall only be entered into by the Successor Agency after approval
of the purchase and sale agreement by the Consolidated Countywide Oversight Board to
the Successor Agency and the approval, by the Department of Finance, if required,
subject to minor confirming and clarifying changes approved by the Executive Director
and Agency Legal Counsel.
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RESOLUTION NO. SA -RDA 089
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.
PASSED, APPROVED and ADOPTED this 13th day of January 2022.
AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
�N C. H�IK/AIR r�
ATTEST:
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' NIAMH M. ORTEGA, A STANT
SECRETARY
PALM DESERT SUCCESSOR AGENCY
TO THE PALM DESERT
REDEVELOPMENT AGENCY
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