HomeMy WebLinkAboutRDA RES 548RESOLUTION NO. 548
A RESOLUTION OFTHE PALM DESERT REDEVELOPMENT
�-� AGENCY APPROVING A DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE AGENCY AND LARKSPUR
ASSOCIATES, LLC CONCERNING REAL PROPERTY OWNED BY THE
AGENCY IN THE CITY OF PALM DESERT AND GENERALLY
LOCATED ON THE EAST SIDE OF LARKSPUR LANE BETWEEN
SHADOW MOUNTAIN DRIVE AND EL PASEO
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 Agency 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 in the Project
Area, generally located on the east side of Larkspur Lane between Shadow Mountain
Drive and EI Paseo (also 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 th�ee-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, modemize or rehabilitate their property while the condition
of the neighboring prope�ty 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
P6402-000 I\ l 062977v I.doc
RESOLDTION N0. 548
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, Health and Safety Code Section 33431 provides that the
Agency may sell property without public bidding after a public hearing; and
WHEREAS, the Agency has conducted a duly noticed joint public hearing with
the City Council pursuant to Health and Safety Code Sections 33431 and 33433 with
respect to the DDA;
NOW, THEREFORE, THE PALM DESERT REDEVELOPMENT AGENCY
HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. Based on the evidence presented to the Agency, including
the Summary Report prepared pursuant to Health and Safety Code Section 33433, the
Agency 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 Agency 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 on file
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RESOLIITION NO. 548
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
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