ARA1994-02RI~S(3I~UT[()N NO. ARA94-2
A RESOLUTION OF' THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING THE FOURTH AMENDMENT TO DISPOSITION AND
DEVELOPMENT AGREVMENT BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND KOLL .ANAHEIM CENTER
ASSOCIATES
WHEREAS, the Anaheim Redeveiop~nent Agency (the "Agency") is engaged in activities
necessary to execute and implement thc ll.edcvelopment Plan (the "Redevelopment Plan") for
Redevelop~nent Project Alpha (the "Projc,zt"); and
WHEREAS, in order to carry out and implement the Redevelopment Plan, the Agency
has agreed to sell, convey, or otherwise cause to be developed pursuant to the terms and
conditions of a Disposition and Develop~:'~ent Agreement, as amended (the "DDA"), between the
Agency and Koll Anaheim Center Associates, a Calilbrnia limited partnership (the "Developer"),
and certain attached documents, certain r{~,al property bounded generally by Lincoln Avenue,
Anaheim and Harbor Boulevards, and Broadway, and the alley known as Oak Street, in the City
of Anaheim, as is more particularly described in the DDA (the "Site"); and
WHEREAS, the Agency and the Developer propose to make certain changes to the DDA
as more fully set forth in the Fourth Amendment to Disposition and Development Agreement (the
"Fourth Ameadment") which includes ret:onfiguration of the parcels which make up the Site,
revision of thc time schedule, and revisioa of the requirements for the form of "Deposit"
reqt~ired by the Developer; and
WHEREAS, pursuant to Section i~3433 of the Community Redevelopment Law
(California Health and Safety Code Secti{~n 33000, et seq.), the Agency is authorized, with the
majority approval of the City Council after public hearing, to sell the Site for redevelopment
pursuant to the Redevelopment Plan upo~'~ a determination by the City Council that the sale of the
property will assist in the elimination of blight and that the consideration for such sale is not less
than either fair market value or fait' reuse value in accordance with the covenants and conditions
governing the sale and development costs thereof; and
WHEREAS, a joint public hearing of the Agency and City Council on the proposed
Fourth Amendment was duly noticed in accordance with the requirements of Health and Safety
Code Section 33433; and
WHEREAS, the proposed Fourfl~ An~endnmnt, and a summary report meeting the
requirements of Health and Satiety Code ~ection 33433, were available for public inspection
consi,stcnt with the requirements of Health and Safety Code Section 334.33; apd
WHEREAS, on March 8, 1994, ~l~e Agency and City Council held a joip, t public hearing
the proposed Foartl~ Amend~nent and evaluated all of the information, testimony, and evidence
prcscnted during the joint: public l~e,trtng, and
WItEREAS, file Agency [las reviewed the st~mmary report required pursuant to Health
and Safety Code Section 33433 and evaluated other i;';~fi)rmation provided to it pertaining to the
findings required pursuant to Section 33433; and
WHEREAS, the sale of the Site tmrsuant to tile DDA as amended will assist in the
elimination of blight 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 and inadequate t{~ 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
WHEREAS, the consideration for the sale of the Site pursuant to the DDA, as amended
by the Fourth Amendment, will be at the fair reuse value of the Site as set forth in the Sum~nary
Report; and
WHEREAS, the Agency has prepared an initial study with respect to the Fourth
Amendment, and has determined pursuant to such initial study that no further evaluation of' the
Fourth Amendment 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 t}y all applicable law with respect to the proposed Fourth
Amendment have been taken in an approt~riate and timely manner; and
WHEREAS, the Agency has duly considered all terms and conditions of the proposed
Fourth Amendment and believes that the disposition of the Site pursuant thereto is in t~he 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
fbllows:
Section 1. The Agency hereby finds and determines, based upon substantial evidence
provided in the record before it, that the consideration for tile disposition of the Site pursuant to
the terms and conditions of the DDA, as amended by the Fourth Amendment, is not less than the
fair reuse value of the Site in accordance with covenants and conditions governing the sale, and
thc development costs required under thc DDA, as amended by the Fourth Amendment.
Section 2. The Agency hercl~y finds and determines that thc dispo:~ition of the Site
pursuant to the DDA, as amended by the Fourth Amendment, will elinfinate blight within the
Project Area by providing for the reuse ~nd redevelopment of a portion of the Project Area
which was declared blighted for the reasons described above.
Section 3. The Agency Secretary is directed to file a Notice of Exemption with the
Office of the Orange County Recorder p~rsuant to the provisions of CEQA.
786_11391[B2621 11 2
Section 4. The Agency hereby approves the execution of the Fourth Amendment and
authorizes and directs the Chairman of t!~e Age.n.,.? t~ execute the Fourth Amendment on behalf
of thc Agency. A copy of thc Fourth A~endment when executed shall be placed on file in the
office of the Agency Secretary/City Clerk. The Executive Director of the Agency is attthorized
to implement the Fourth Amendment and take all actions and execute all escrow documents and
other documents necessary or appropriate to carry out the Fourth Amendment.
Section 4. The Agency Secretary shall certify to the adoption of this Resolution,
APPROVED AND ADOPTED this 8th day of March, 1994.
Chairman, J[n'a'~ei'm R'['"~eevelopn~t Agency
ATTEST:
Secretary
}'uBL:II780_II3911B2621.11 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. ARA94-2 was introduced and adopted at a regular meeting provided by law,
of the Anaheim Redevelopment Agency held on the 8th day of March, 1994, by the following vote of the
members thereof:
AYES:
AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Daly
NOES:
AGENCY MEMBERS: None
ABSENT:
AGENCY MEMBERS: Hunter
AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said
Resolution No. ARA94-2 on the 9th day of March, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Anaheim
Redevelopment Agency this 9th day of March, 1994.
SECRETARY OF THE ANAHEIM
REDEVELOPMENT AGENCY
(SEAL)
I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the
foregoing is the original of Resolution No. ARA94-2 was duly passed and adopted by the City Council
of the City of Anaheim on March 9, 1994.
SECRETARY OF THE ANAHEIM
REDEVELOPMENT AGENCY