HomeMy WebLinkAboutSA-RDA 097RESOLUTION NO. SA-RDA 097
A RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO
THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING
SECOND 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
are to be transferred pursuant to a Long-Range Property Management Plan which
addresses the disposition of the real properties owned by the Successor Agency.
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.
Resolution No. SA-RDA 097 Page 2
J. On August 15, 2018, the Successor Agency of City of Palm Desert and
Desert Wave Ventures, LLC entered into a valid Purchase Option and Sale Agreement
(the “Agreement”).
K. On June 26, 2018, the Oversight Board held a noticed public hearing and
approved the transfer of the subject property (APN 620 -420-023) and approved the
Agreement.
L. On April 22, 2021, the First Amendment to the Purchase Option and Sale
Agreement (“First Amendment”) was approved by the Successor Agency Board, for the
purpose of extending the term of the Agreement.
M. On May 20, 2021, the Oversight Board approved the First Amendment.
N. The expiration of the Agreement, as amended by the First Amendment, was
extended to November 8, 2022, through various additional actions of the Successor
Agency Executive Director authorized by the Agreement.
O. The Successor Agency Executive Director has exhausted any further
administrative ability authorized by the Agreement to extend the closing date beyond
November 8, 2022, and therefore additional extensions require review and approval by
the Oversight Board.
P. In its meeting of November 17, 2022, the Successor Agency Board will
consider for approval the Second Amendment to Purchase Option and Sale Agreement
(“Second Amendment”) which provides for a final extension of the closing date for the
conveyance of the surplus Successor Agency property to occur no later than December
31, 2022.
Q. The effectiveness of a Successor Agency Board approval of the Second
Amendment is subject to the approval of the Second Amendment by the Oversight Board.
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 Second Amendment to
the Agreement which shall only be entered into by the Successor Agency after approval
of the Second 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 severa lly, 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.
Resolution No. SA-RDA 097 Page 3
Section 4. The Second Amendment is subject to conforming and clarifying
changes acceptable to the Executive Director and Successor Agency Counsel, and the
Executive Director is authorized to take such actions to implement the Second
Amendment.
ADOPTED ON NOVEMBER 17, 2022.
JAN C. HARNIK
CHAIR
ATTEST:
ANTHONY J. MEJIA
SECRETARY
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. SA-RDA 097 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on November 17, 2022, by
the following vote:
AYES: JONATHAN, KELLY, NESTANDE, AND HARNIK
NOES: QUINTANILLA
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
Anthony Mejia (Nov 29, 2022 11:32 PST)
Anthony Mejia (Nov 29, 2022 11:32 PST)
Nov 29, 2022