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RES-2020-130 RESOLUTION NO. 2020- 13 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A PURCHASE AND SALE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED, BY AND BETWEEN THE CITY OF ANAHEIM AND ROBERTSON PROPERTIES GROUP, A CALIFORNIA CORPORATION; AUTHORIZE THE DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT, OR HIS DESIGNEE, TO EXECUTE SUCH PURCHASE AND SALE AGREEMENT; AUTHORIZING THE DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT TO IMPLEMENT SUCH PURCHASE AND SALE AGREEMENT; AND MAKING CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH WHEREAS, the City of Anaheim (the "City") is a California municipal corporation and charter city; and WHEREAS, the City Council ("City Council") for the City is authorized and empowered under its Charter to enter into agreements for the disposition of real property, and to make and execute contracts and other instruments necessary or convenient to exercise its powers; and WHEREAS, the Successor Agency to the Anaheim Redevelopment Agency ("Successor Agency") is the owner of an approximately 49,342 square feet parcel (the "City Property"). The City intends to acquire the City Property from the Successor Agency consistent with the Long Range Management Plan of the Successor Agency approved by the California Department of Finance; and WHEREAS, the City and Buyer have proposed to enter into an agreement entitled "Purchase and Sale Agreement" substantially in the form submitted herewith (the "PSA"); and WHEREAS, under the PSA, subject to satisfaction of conditions precedent set forth therein, Buyer would acquire the City Property, as set forth in the PSA; and WHEREAS, the PSA does not commit the City to a project or grant any vested development entitlement; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City has determined that the approval of the PSA is not a "project" under the California Administrative Code Section 15061(b)(3); and WHEREAS,the City has duly considered all terms and conditions of the presently drafted PSA and has determined that the PSA is in the vital and best interest of the City and the health, safety, morals and welfare of its residents, and in accord with the goals, objectives and public purposes and provisions of applicable state and local laws. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The City Council hereby finds and determines, based on all documentation, testimony and other evidence in the record before it, that the consideration being paid to the City for the City Property is not less than the fair market value at its highest and best use, as determined by an independent appraiser. Section 3. The City Council hereby approves the PSA, with such changes as may be mutually agreed upon by the Buyer, the City Attorney and the Director of Community and Economic Development (the "Director") (or his duly authorized representative), respectively, as are minor and in substantial conformance with the form of the PSA submitted herewith. The Director and the City Clerk are hereby authorized to execute and attest the PSA, including any related attachments, on behalf of City. In such regard, the Director (or his duly authorized representative) is authorized to sign the final version of the PSA after completion of any such non- substantive,minor revisions. Copies of the final form of the PSA,when duly executed and attested, shall be placed on file in the office of the City Clerk. Further, the Director (or his duly authorized representative) is authorized to implement the PSA and take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the transaction contemplated by the PSA, including all exhibits thereto. The Director (or his duly authorized representative) is hereby authorized to the extent necessary during the implementation of the PSA to make technical or minor changes and interpretations of the PSA after execution, as necessary to properly implement and carry out the PSA, including all exhibits thereto, provided any and all such changes shall not in any manner materially affect the rights and obligations of the City under the PSA. Section 4. In addition to the authorization of Section 3 above, the Director is hereby authorized, on behalf of the City, to sign all other documents necessary or appropriate to carry out and implement the PSA, including all exhibits thereto and including causing the issuance of warrants in implementation thereto, and to administer the City's obligations, responsibilities and duties to be performed under the PSA, including all exhibits thereto. Section 5. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 0th day of November , 2020, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil NOES: None ABSENT: None ABSTAIN: Council Member Moreno CITY OF ANAHEIM By: AIJIA . 4 hR • TH;"'CfT •F ANAHEIM ATTES -441011 CITY CLERK OF THE CITY OF ANAHEIM 137764/LM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2020-130 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 10th day of November, 2020 by the following vote of the members thereof: • AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil NOES: None ABSENT: None ABSTAIN: Council Member Moreno IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of November, 2020. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)