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HomeMy WebLinkAboutCC RES 08-061RESOLUTION NO. 08-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND LARKSPUR ASSOCIATES, LLC CONCERNING REAL PROPERTY OWNED BY THE AGENCY IN THE CITY OF PALM DESERT AND GENERALLY DESCRIBED AS ALL OF LOTS 6 AND 7, A PORTION OF LOT 1 AND A PORTION OF LOT 5 IN BLOCK Q OF PALM DESERT UNIT NO. 1 RECITALS: WHEREAS, in order to effectuate the provisions of the Redevelopment Plan (the "Redevelopment Plan") for Project Area No. 1 (the "Project Area") the Palm Desert Redevelopment Agency (the "Agency") proposes to enter into a Disposition and Development Agreement with Larkspur Associates, LLC, a Nevada limited liability company (collectively, the "Developer"), a copy of which agreement has been presented to the City Council at this meeting and is on file with the Secretary of the Agency (the "DDA"), providing for the disposition of property owned by the Agency, generally described as all of Lots 6 and 7, a portion of Lot 1 and a Portion of Lot 5 in Block Q of Palm Desert Unit No. 1 in the City of Palm Desert (the "Property"), to the Developer, and the development of the Property by the Developer with an integrated three-story Four Star boutique hotel and two-story condominium project consisting of 106 hotel rooms and a maximum of 16 condominium suites, together with a spa, conference and meeting rooms, pools, a roof deck garden, roof deck patios, an underground parking structure and public space to be used as lobby, restaurant, gift shop and bar areas (the "Project"); and WHEREAS, the City Council of the City of Palm Desert has previously determined that the Project Area is an area in which the combination of conditions of blight is so prevalent and so substantial that there is a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. Among other things, the Project Area contains vacant and underutilized properties, properties which suffer from depreciated or stagnant property values and impaired investments, and deteriorated, aged and obsolete buildings. Such conditions tend to further deterioration and disuse because of the lack of incentive to landowners and their inability to improve, modernize or rehabilitate their property while the condition of the neighboring property remains unchanged; and WHEREAS, the sale of the Property pursuant to the DDA is expected to implement the purposes of the Redevelopment Plan for the Project Area by causing the development of the Project in accordance with the Redevelopment Plan; and P6402-0001\1059328v2 RESOLUTION NO. 08-61 WHEREAS, Health and Safety Code Section 33433 requires that before any property of the Agency acquired in whole or in part with tax increment revenue is sold for development pursuant to the Redevelopment Plan, such sale shall first be approved by the City Council after a public hearing; and WHEREAS, Health and Safety Code Section 33433 also requires that a Summary Report be made available for public inspection; and WHEREAS, the Summary Report and the proposed DDA have been made available for public inspection in the manner required by Health and Safety Code Section 33433; and WHEREAS, the City Council has conducted a duly noticed joint public hearing with the Palm Desert Redevelopment Agency pursuant to Health and Safety Code Section 33433 with respect to the DDA; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Based on the evidence presented to the City Council, including the Summary Report prepared pursuant to Health and Safety Code Section 33433, the City Council hereby finds and determines that (i) the sale of the Property pursuant to the DDA will assist in the elimination of blight in the Project Area; (ii) the sale of the Property pursuant to the DDA is consistent with the Agency's Implementation Plan for the Project Area adopted pursuant to Health and Safety Code Section 33490; and (iii) [the consideration for the Property is not less than the fair market value of the Property at its highest and best in accordance with the Redevelopment Plan.] Section 2. The DDA is exempt from the California Environmental Quality Act ("CEQA") pursuant to 14 CCR Section 15061(b)(3). CEQA compliance will be undertaken in conjunction with the permitting process that the Developer must complete pursuant to the DDA. Section 3. The City Council hereby approves the DDA and the Executive Director of the Agency is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the DDA in substantially the form P6402-0001\1059328v2 2 RESOLUTION NO. 08-61 on file with the Agency Secretary, with such additions thereto or changes or insertions therein as may be approved by the Executive Director (such approval to be conclusively evidenced by such execution and delivery). PASSED, APPROVED AND ADOPTED this 26th day of June 2008 by the following vote to wit: AYES: FERGUSON, FINERTY, KELLY, SPIEGEL AND BENSON NOES: NONE ABSENTS: NONE ABSTAINS: NONE ;e'er— fA/ Jean Benson, Mayo ATTEST: 'Vfr- Ra he e D. Klassen, ity Clerk P6402-0001\1059328v2 3