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HomeMy WebLinkAboutOB-085RESOLUTION NO. OB - 085 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF A DISPOSITION AGREEMENT FOR PROPERTY LOCATED AT NORTHEAST CORNER OF SHADOW MOUNTAIN AND LARKSPUR LANE, PALM DESERT, CA (APN 627- 262-008 AND 627-262-011, PROPERTIES 7a and 7b OF THE LONG RANGE PROPERTY MANAGEMENT PLAN) WITH EL PASEO HOTEL, LLC RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011), as modified by the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Palm Desert Redevelopment Agency (the "Former Agency") was dissolved as of February 1, 2012 and the Successor Agency was established, and the Oversight Board to the Successor Agency (the "Oversight Board") was constituted. B. AB 1484 (enacted June 2012) amended and supplemented AB X1 26 (AB X1 26 and AB 1484, together, being referred to below 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 Section 34175(b) of the California Health and Safety Code ("HSC"), 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 "LRPMP") which addresses the disposition of the real properties owned by the Successor Agency. F. As indicated in the DOF's letter dated June 2, 2014, the DOF has approved the LRPMP. G. 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. H. Pursuant to the approved LRPMP, the Oversight Board authorizes the execution of a Disposition Agreement with El Paseo Hotel, Inc. for Properties 7a and 7b of the LRPMP (APN 627-262-008 and 627-262-011) in the amount of $2,200,000.00 (fair market value). -1- RES. NO. OB - 085 I. In accordance with the terms of California Health and Safety Code Section 34191.5(c)(2)(B), the proceeds of this property sale will distributed as property taxes to the affected taxing entities. J. The Oversight Board is adopting this Resolution to direct the execution of the Disposition Agreement with El Paseo Hotel, LLC for fair market value as directed by the approved LRPMP. K. Notice of the proposed action presented in this Resolution was posted on the Successor Agency's website (being a page on the City's website) and at three public places: beginning on JULY 18, _, 2014. NOW, THEREFORE, THE OVERSIGHT 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 Oversight Board hereby authorizes and directs the Successor Agency to complete the execution of the Disposition Agreement with El Paseo Hotel, LLC for fair market value as directed by the approved LRPMP. The Chair (or in the Chair's absence, the Vice Chair) of the Board of Directors of the Successor Agency is hereby authorized to execute the Disposition Agreement to complete the disposition of the properties. Section 3. The members of the Oversight Board and officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution. -2- RES. NO. OB - 085 Section 4. This Resolution shall become effective in accordance with HSC Section 34181(f). APPROVED and ADOPTED this 28TH day of JULY , 2014. AYES: BUCK, CARVER, JONATHAN, and SPIEGEL NOES: NONE ABSENT: BRANDL, KINNAMON, and LARSON ABSTAIN: NONE J ROBERT A. S'IEGEL, CH ATTEST: RA —rLLE D. KLI SSEN, " ECRETARY OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY -3- RESOLUTION NO. OB - 085 [THIS PAGE LEFT INTENTIONALLY BLANK.]