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ARA1994-16I~SOLL~ION NO. -~R~94-16 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM REDEVELOPMENT AGENCY, DISNEY GOALS, INC. AND DCSR, INC. AND MAKING CERTAIN FINDINGS IN CONNECTION HEREWITH WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan (the "Redevelopment Plan") for Project Alpha (the"Project Area"); and WHEREAS, in furtherance of the objectives of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.), the Agency desires to redevelop a certain approximately three and two-tenths (3.2) acre portion of the Project Area generally located on the southwest corner of West Lincoln and Clementine Street in the City of Anaheim (the "Site") which is owned by the Agency; and WHEREAS, the Agency and Disney Goals. Inc.. a Calitbrnia nonprofit public benefit corporation, and DCSR, Inc., a California corporation and wholly owned subsidiary of The Walt Disney Corporation (collectively the "Developer"), propose to enter into a Disposition and Development Agreement (the "Agreement") pursuant to which the Agency would convey the Site to the Developer, and the Developer would construct improvements on the Site consisting of a community ice skating center which would include an Olympic-sized ice rink as well as a National Hockey League-sized ice rink and associated uses: and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law, the Agency is authorized, with the majority approval of the City Council after public hearing, to convey the Site for redevelopment purposes pursuant to the Redevelopment Plan upon a dctermination by the City Council that the sale of the Site will assist in the elimination of blight and that the consideration for such sale is not less than either fair market value or fair reuse value in accordance with the covenants and conditions governing the sale and development costs thereof; and WItEREAS, a joint public hearir~g of the Agency and City Council on the proposed Agreement was duly noticed in accordance with the requirements of Health and Safety Code Section 33433: and WHEREAS. the proposed Agreement, 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, on August 9, 1994. the Agency and City Council held a joint public hearing on the proposed Agreement and evaluated all of the information, testimeny, and evidence presented during the joint public hearing; and .. ~.,.,: .~umrnarl,~ report required pursuant to Health 'WHEREAS, the Agency has review~'~.d ':-' and Safety Code Section 33433 and evaluated ,->;i~.¢:' ini~;.r.mation provided to it pertaining to the findings required pursuant to Section 33433' an'a WHEREAS, the sale of the Site pursuant to the proposed Agreement will improve the quality of life of the residents of the City of Anaheim and its visitors through the elimination of blight and the development of quality projects in downtown Anaheim by providing for the reuse and redevelopment of a portion of the Project Area which formerly contained substandard masonry and brick structures, structures which were unsightly in appearance ~d inadequate to serve the needs of the downtown area, and was in an area generally characterized by inadequate water supply and circulation, poor drainage, limited sewer facilities, inadequate streets, lack of underground utilities and serious grade problems, as further identified in the Report. to the City Council on the Redevelopment Plan for Redevelopment Project Alpha; and WllEREAS, the value of the consideration for the Site pursuant to the proposed Agreement will be greater than the fair market value and the fair reuse value of the Sire as set forth in the Summary Report; and WHEREAS, the Agency has prepared an initial study with respect to the proposed Agreement and has determined pursuant to such initial study that no t~d~her evaluation of the proposed Agreement is required pursuant to the California Environmental Quality Act ("CEQA") because the project does not significantly differ from earlier versions of the project which have previously been reviewed pursuant to CEQA; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the Agency has duly considered all terms and conditions of the proposed Agreement and believes that the disposition of the Site pursuant thereto is in the best interests of the City of Anaheim and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency as follows: Section 1. The Agency hereby finds and determines, based upon substantial evidence provided in the record before it, that the consideration for the disposition of the Site pursuant to the terms and conditions of the proposed Agreement is not less than the fair market value or fair reuse value of the Site in accordance with covenants and conditions governing the sale, and the development costs required under the proposed Agreement. Section 2. The Agency hereby finds and determines that the disposition of the Site pursuant to the proposed Agreement will eliminate blight within the Project Area by providing for the reuse and redevelopment of a portion of the Project Area which was declared blighted for the reasons described above. PUBL: 16785_ 1 1391 I B2621.19 2 Section 3. The Agency Secretary is directed to file a Notice of Exemption with the Office of the Orange County Recorder pursuant to the provisions of CEQA. Section 4. The Agency hereby approves the execution of the Agreement and authorizes and directs the Chairman of the Agency to execute the Agreement on behalf of the Agency. A copy of the Agreement when executed shall be placed on file in the office of the Agency Secretary/City Clerk. The Executive Director of the Agency is authorized to implement the Agreement and take all actions and execute all escrow documents and other documents necessary or appropriate to carry out the Agreement. Section 5. The Agency Secretary shall certify to the adoption of this Resolution. APPROVED )~ND ADOPTED this 9Lh day of August , 1994. ATTEST: · Chair{nan, Anaheim Rec[eveloprn~t Agency m:sc:16785 1~391 IB_6.1.19 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA94-16 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 9th day of August, 1994, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA94-16 on the lOth day of August, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and seal this lOth day of August, 1994. (SEAL) SECREIARY OF THE ~tI~AHEIM REDEVELOPMENT AGENCY