ARA1992-11RESOLUTION NO. ARA92-11
A RESOLUTION-OF THE ANAHEIM REDEVELOPMENT
AGENC~APPROVING A THIRD AMEND~NT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
AMONG THE ANAHEIM REDEVELOPMENT AGENCY,
LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP,
AND KAUFM AND BROAD OF SOUTHERN CALIFORNIA,
INC.
WHEREAS, the Anaheim Redevelopment Agency (the
"Agency") approved by Resolution No. 89-9 and entered into a
certain Disposition and Development Agreement, dated as of
September 22, 1989 (the 'DDA') with Lincoln Property
Development Company N.C., Inc. (the 'Initial Developer") for
the disposition of certain real property to the Initial
Developer and development of specified attached and detached
for sale dwellings (the 'For Sale Residential Units"), multiple
family rental dwellings (the #Rental Units') and
commercial/retail improvements (the "Retail Improvements"); and
WHEREAS, the Agency approved by Resolution No. 90-34
and entered into a First Amendment to Disposition and
Development Agreement ('First Amendment") pursuant to which,
among other things, the Agency approved the assignment to
Lincoln Anaheim Village Limited Partnership (the 'Apartment
Developer") of the rights and obligations of the Initial
Developer with respect to the Rental Units and the Retail
Improvements; and
WHEREAS, the Agency approved by Resolution No.. 91-9
and entered into a Second Amendment to the Disposition and
Development Agreement ("Second Amendment") pursuant to which,
among other things, the Initial Developer assigned its rights
and obligations with respect to the For Sale Residential Units
to Kaufman and Broad of Southern California, Inc. (the "For
Sale Developer"); and
WHEREAS, the Initial Developer, the Apartment
Developer and the Agency are proceeding to perform their
respective obligations pursuant to the DDA, the First Amendment
and the Second Amendment; and
WHEREAS, the For Sale Developer, the Apartment
Developer and the Agency desire to approve a Third Amendment to
the D~spos~t~on and Development Agreement (the 'Third
Amendment") which would provide for the conveyance of an
additional parcel of real property from the Agency to the For
Sale Developer for the development of six (6) attached
townhouse units thereon, and the conveyance of certain trees
from the Agency to the Apartment Developer;
WHEREAS, the approval and execution of the Third
Amendment will facilitate the orderly completion of
improvements by the For Sale Developer as contemplated in the
DDA and in furtherance of the Redevelopment Plan for the Alpha
Redevelopment Project (the "Redevelopment Plan"); and
WHEREAS, the Agency and the City Council of the City
of Anaheim (the "City Council") have conducted a duly noticed
joint public hearing regarding the Third Amendment and the
proposed acquisition and disposition of real and personal
property in accordance with California Health and Safety Code
Sections 33431 and 33433; and
WHEREAS, the staff report pertaining to the Third
Amendment, which has been on display prior to the joint public
hearing in accordance with Section 33433 of the California
Health and Safety Code, contains a detailed description of the
provisions of the Third Amendment; and
WHEREAS, the Agency and the City Council have approved
by resolution a finding that the Third Amendment will not
create any new significant environmental impacts not considered
in previous environmental documents for the Project Alpha
Redevelopment Project and approving a negative declaration
therefor.
NOW, THEREFORE, the Anaheim Redevelopment Agency does
resolve as follows:
1. The Agency finds and determines, based upon the
testimony and information presented during the public hearing
with respect to the Third Amendment, that the consideration for
the real and personal property to be transferred to the For
Sale Developer and the Apartment Developer is fair and in
amounts adequate and necessary to effectuate the purposes of
the Redevelopment Plan. The sales price for the interest to be '
conveyed by the Agency to the For Sale Developer and the
Apartment Developer has been determined at the highest uses
permitted under the Redevelopment Plan.
,
2. The Agency finds and determines that: (a) the
approval of the Third Amendment will promote the objectives of
the Redevelopment Plan and promote the health, safety and
welfare of the citizens of the City of Anaheim; and (b) the
Third Amendment is consistent with the orderly development of
the improvements to be provided by the For Sale Developer and
the Apartment Developer pursuant to the DDA.
3. The Agency approves the Third Amendment and
authorizes and directs the Chairman to execute that Third
Amendment and authorizes and directs the Executive Director of
the Agency or her designee to execute such other documents
necessary or appropriate to effectuate the DDA as now amended.
04/13/92
0286Q/2621/012 2
THE FOREGOING RESOLUTION is approved and adopted by
the Anaheim Redevelopment Agency this 21st day of April
1992.
ATTEST:
SECRETARY
04/13/92
0286Q/2621/012 3
-,
-'"1
i
m
I
I
I I :
! !
~ I
't
I
I