97-065RESOLUTION NO. 97R -65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM CONSENTING TO THE THIRD AMENDMENT
TO DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY
AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA,
INC.
WHEREAS, the Anaheim Redevelopment Agency (the
"Agency and Kaufman and Broad of Southern California, Inc., a
California corporation,(the "Developer ")have entered into that
certain Disposition and Development Agreement dated October 26,
1993 (the "Original DDA as amended by (i) that certain First
Amendment to Disposition and Development Agreement dated November
15, 1994 (the "First Amendment and (ii) that certain Second
Amendment to Disposition and Development Agreement dated July 9,
1996 (the "Second Amendment Pursuant to the DDA, as amended by
the First Amendment, the Agency has conveyed certain real
property (the "Original Site to the Developer, and the
Developer has completed the construction of single family houses
and townhouses thereon; and
WHEREAS, pursuant to the terms of Section 15 of the
Disposition and Development Agreement between the Agency, the
Developer and Lincoln Anaheim Village Limited Partnership, a
California limited partnership, dated as of April 31, 1992, the
Agency and Developer entered into a "Negotiating Period" for the
development of the "Cypress Street Infill Project" (as such
capitalized terms are defined therein). The Second Amendment
(together with the Original DDA and the First Amendment, the
"DDA As Amended provides for the development of the Cypress
Street Infill Project; and
WHEREAS, the purpose of this Third Amendment is to
amend and restate certain provisions in the Amended DDA relative
to the development of the Cypress Street Infill Project (as
amended, the "Revised Cypress Street Infill Project and thereby
provide that the Developer construct 61 units, including
affordable and market rate townhomes and detached single family
homes, on six (6) non contiguous parcels of real property
aggregating approximately four and ninety eight hundredths (4.98)
acres (collectively the "Additional Parcels and
WHEREAS, a portion of the Additional Parcels (the
"Cypress Infill Parcel is located adjacent to but outside of
the Agency's Alpha Redevelopment Project Area. The Agency has
found and determined that the use of the Agency's Low and
Moderate Income Housing Funds outside of the boundaries of the
Project for the costs associated with the Cypress Infill Parcel
pursuant to the Third Amendment is of benefit to the Project; and
WHEREAS, the proposed Third Amendment, and a summary
report meeting the requirements of Health and Safety Code Section
33433, were available for public inspection consistent with the
requirements of Health and Safety Code Section 33433; and
WHEREAS, the Agency and the City Council have conducted
a duly noticed joint public hearing on the Third Amendment and
have evaluated all information and testimony presented in such
hearing; and
WHEREAS, those Additional Parcels which are located
within the Project are located in an area which was found by the
Anaheim City Council, in its adoption of the Redevelopment Plan
for the Project in 1973, to be blighted as a result of
substandard structures, inadequate water supply and circulation,
poor drainage, limited sewer facilities, lack of underground
utilities, serious grade problems, deteriorated residential
dwellings and poor maintenance, as well as other indicia of
blight; and
WHEREAS, the sale of the Additional Parcels pursuant to
the DDA As Amended, as amended by the Third Amendment, will
assist in the elimination of blight in the Project by requiring
the development on previously blighted land of new high quality
residential houses and townhouses which will be properly
designed, constructed and maintained, and will be of benefit to
the community by increasing the supply of housing in the Project
Area and preventing blight from recurring on the Additional
Parcels; and
WHEREAS, the Implementation Plan adopted for the
Project has identified a program of new single family and
townhouse housing construction, primarily in the Downtown Anaheim
area, potentially with Developer, as a specific project and /or
program to be undertaken by the Agency in its implementation of
the Redevelopment Plan for the Project; and
WHEREAS, an Initial Study was prepared to evaluate any
potential environmental impacts of the Cypress Street Infill
Project, as set forth in the Second Amendment, pursuant to the
California Environmental Quality Act "CEQA and such Initial
Study concluded that the implementation of the DDA As Amended
would not result in any significant environmental impacts beyond
those previously analyzed in prior environmental documentation
which has been considered and approved by the Agency; and
WHEREAS, an additional Initial Study of the Revised
Cypress Street Infill Project was prepared pursuant to CEQA and
such Initial Study concluded that implementation of the DDA As
Amended, as further amended by the Third Amendment, would not
result in any significant environmental impacts beyond those
previously analyzed, considered and approved by the Agency in
conjunction with the approval of the Second Amendment since the
Revised Cypress Street Infill Project consists of development and
impacts less intense than those associated with the original
Cypress Street Infill Project; and
WHEREAS, the City Council has duly considered all terms
and conditions of the proposed Third Amendment and believes that
the disposition of the Additional Parcels to the Developer and
the development of townhouses and single family houses thereon
pursuant to the Third Amendment is in the best interests of the
Agency and the City and the health, safety and welfare of its
residents, and in accord with the public purposes and provisions
of applicable State and local law requirements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines that,
based upon substantial evidence provided in the record before it,
the consideration for the Agency's disposition of the Additional
Parcels pursuant to the terms and conditions of the DDA As
Amended, as amended by the Third Amendment, is not less than the
fair reuse of value of the Additional Parcels in accordance with
covenants and conditions governing the sale, and the development
costs required under the DDA As Amended, as amended by the Third
Amendment.
Section 2. The City Council hereby finds and determines
that the disposition of the Additional Parcels pursuant to the
DDA As Amended, as amended by the Third Amendment, will eliminate
blight within the Project Area by providing for the proper reuse
and redevelopment of a portion of the Project Area which was
declared blighted for the reasons described above.
Section 3. The City Council hereby finds and determines
that the DDA As Amended, as amended by the Third Amendment, is
consistent with the Implementation Plan adopted for the Project.
Section 4. The City Council hereby finds and determines
that the use of the Agency's Low and Moderate Income Housing
Funds outside of the boundaries of the Project for the costs
associated with the Third Amendment is of benefit to the Project.
Section 5. The City Council hereby consents to the
approval of the Third Amendment by the Agency. A copy of the
Third Amendment when executed by the Agency shall be placed on
file in the office of the City Clerk.
Section 6. The City Clerk shall certify to the adoption
of this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20 th day of May, 1997.
CITY CLERK OF THE CITY OF ANAHEIM
APPRO
0022906.01
1 E. W0010 AD
istant City Attorney
MAYOR OF THE TY OF a< AHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 97R-65 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of May, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -65 on the 20th day of May, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 20th day of May, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -65 was duly passed and adopted by the City Council of
the City of Anaheim on May 20, 1997.
CITY CLERK OF TH C OF ANAHEIM
Olive
Infi11 Parcel No. 2
'ca I "o
Page 2 of 3
66
'J5
26
Iw
4
m °'S` yy /1
n.w
L III. 24
_dr al
LINCOLN
nJ0
SITE MAP
(ATTACHMENT "A")
i s2 i
PAR CI'
a9
25 :C
AVENUE
I. J: t. OfliV ll51
t 5
L1 fl
ti o,t1 LC.
4 I.2
A dele SIseC
te.
a I.
Is n
w Jrr
a ia
C
r
i Stce
Sy ca rno t e
1 y
..V
LINCOLN
SITE MAP
(ATTACHMENT "A")
,d Cy�t
�(e t 1 Z
t 1 !J a S11,.'t..4 I77 7 1 -i StsE` T rsi
-a a a]n' ar 3 q .c�.z�`�� i V X 269
1 n_ �G /i'' t 1rSL a' :w, NO�
TA0i s T .w �':a'=: r t.. d'.,:aM 'T P C�Y 3
a_ C °t \ter;
t ._i•' ]l' s .62. iu ]a .a `C S ry ir 1 Y y n 1s� d .a
L'1•. P g' fTi i
a .1 c� 1
.1 a p �J� 1 1ri Y'� 3 ,-v 3 ,-v .a`
3 ‘;.1
4 N 5 a a s t --a "tt: X02 8 p 'i to I 1
1:1 zit!.
Page 1 of 3
AVENUE
SITE MAP
(ATTACHMENT "A
Page 3 of 3
Third Amendment to Disposition and Development Agreement
Terms and Conditions
(Attachment `B
Base Purchase Price and Additional Purchase Price
The changed base purchase prices are as follows: 1) Cypress Infill Parcel is 3841,252; and
2) Helena Street Parcel is 335,000.
The Additional Purchase Price paid to the Agency will be as stated in the Third Amendment to
the DDA which is 12.5% of all profits above an aggregate sales price amount of 38,905,830.
Gross revenue from the land sale to Kaufman and Broad will increase from $774,552 under
the Second Amendment to $1,079,631 as a result of the Third Amendment
Other Terms and Conditions
In the event the Agency does not acquire all property within the development site by January
1, 1998, Kaufman and Broad will have the option of acquiring the property remaining to be
purchased, extend the time to purchase the properties or terminate the Agreement.
Affordable covenants will be recorded against the Cypress Infill Parcel to insure that the units
are sold to buyers of low and low- moderate income. First Time Home Buyers Assistance will
be provided to buyers on the Cypress Infill Parcel.
F: ocCSDEVSVCSISf'AFFREr&SS DOC
Summary of Project Locations, Product Mix and Unit Types for Each Development Site
(Attachment "C
The following is a comparison of the product mix and unit type breakdown for each of the
proposed development sites:
Estimated Sales Price
F:\DOCsTEVS VCSSrAFFREPBSS75o2A.DOC
Cyp ress
Second Amendment
Inlill Parcel
Third Amendment
Product Type
Number of Units
Sales Price
Number of Units
Sales Price
Plan 1 Townhomes
21
$133,990
2
$133,990
Plan 2 Townhomes
30
$143,990
4
$143,990
Plan 1 Single Family
0
$0
13
$150,000
Plan 2 Single Family
0
$0
14
$160,000
Plan 3 Single Family
0
$0
14
$167,000
Totals:
51
Helena
Second Amendment
Street Parcel
47
Third Amendment
Product Type
Number of Units
Sales Price
Number of Units
Sales Price
Single- Family
0
1
$200,000'
Total Housing Units:
51
48
Summary of Project Locations, Product Mix and Unit Types for Each Development Site
(Attachment "C
The following is a comparison of the product mix and unit type breakdown for each of the
proposed development sites:
Estimated Sales Price
F:\DOCsTEVS VCSSrAFFREPBSS75o2A.DOC
g
1
1
i
1
1
Igo
i"P
1
1
1
1
133112 mama NO
.4'
fra •6 m Igin ma
II:
II
co
i/
U
Cc
1—
Lau
z
0
co
M
f..t�
L�II.Y 3N101/0
4444.
z
fi
C1 f-
N F"
-,51
.6-b: 44.01
t ew'
9
El
1 sz Qc
L
V
1
J
4444
I�
orn.d.
.FN_-��
1 i n ari. .n
mralm
:c-.
M rsn:i l
4 z
5 �r
MIS allIIIII
KIWI
0
n n�a
m 1 111r Mr MIFF
O
c
a
0
m
c
0
'sue,
r
.0 -,sl
4-& .0-61
4444.
z
fi
C1 f-
N F"
.__.,_,_._,_o._,.___.,..,_.____
E
0
z
0
z
•111u01•111
1•l4�8
1.11=
I fIt a
ansummemi
ilttfi
paw 1 d1I1'IIILII1LII:U]
0
u�i�$uiniiyllli ion i
111111111.
uuuub
q e
a
it ilimmiN.
••11161.e. annina
Li
N '�P.�7R4��� inane WOO
nrare.r
OEdI.IAn
nNYMMIN
O• APB-
PAM i ill CI
eta
Mir INV
.w
a
4-.S1 i .b•.Ql
1
iii s
i.�71111111fi111
z 4