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86R-401 RESOLUTION NO. 86R~401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO AND APPROVING THE PROPOSED SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND MEYER INVESTMENT PROPERTIES, INC., A CALIFORNIA CORPORATION, AND FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan (the "Redevelopment Plan") for Redevelopment Project Alpha (the "project"); and WHEREAS, Disposition and Properties, Inc., for the sale and Project Alpha; and the Agency has heretofore entered into a Development Agreement with Meyer Investment dated November 8, 1983 (the "DDA"), providing redevelopment of a portion of Redevelopment WHEREAS, the DDA was first amended on December 11, 1984 (the "First Amendment"), in order to provide for the financing, construction and sale, pursuant to the terms and conditions of the First Amendment, of a parking structure (the "Parking Structure") on real property located in the general vicinity of Broadway and Harbor Boulevard in the City of Anaheim; and WHEREAS, it is necessary and desirable for the Agency to enter into a Second Amendment to the DDA (the "Second Amendment") to modify the amount of financing to be provided by the Agency for the construction and sale of the Parking Structure; and WHEREAS, Meyer Investment Properties, Inc., a California corporation (the "Developer") has submitted to the Agency a written offer in the form of said Second Amendment to purchase the Parking Structure at a fair and equitable price for uses in accordance with the Redevelopment Plan and the DDA; and WHEREAS, provisions, terms, and local law; and the proposed conditions, Second Amendment contains all the and obligations required by state WHEREAS, pursuant to such provisions of the California Community Redevelopment Law, the Agency and the City Council held a joint public hearing on the proposed Second Amendment; and -1- .... ....; .--,.-.......+- ..._.-.-..... ~~._. --.-,.- WHEREAS, the Agency has prepared a summary setting forth the cost of the Second Amendment to the Agency, the estimated value of the interest to be conveyed determined at the highest uses permitted under the Redevelopment Plan and the purchase price, and has made said summary available for public inspection in accordance with the California Community Redevelopment Law; and WHEREAS, the Agency has prepared and certified a Subsequent Environmental Impact Report for the DDA (the "EIR") pursuant to the California Environmental Quality Act and State and local regulations and guidelines adopted pursuant thereto; and WHEREAS, the Agency has prepared an Initial Study dated August 15, 1986 for the Second Amendment in order to ascertain whether the provisions thereof will have a significant effect on the environment except as identified in the EIR, and whether there are new environmental impacts resulting from the Second Amendment not covered in the EIR requiring major revisions thereto or the preparation of a new subsequent or supplemental environmental impact report. WHEREAS, the City Council has duly considered all terms and conditions of the proposed construction and sale of the Parking Structure and finds that such redevelopment activities pursuant to the proposed Second Amendment are in the best interest of the City of Anaheim, California, and the health, safety, and welfare of its residents, are in accord with the public purposes and provisions of applicable state and local law and requirements, and are necessary to effectuate the Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: 1. The City Council hereby approves and adopts the Initial Study with respect to the proposed Second Amendment. 2. The City Council hereby certifies that the information contained in the Initial Study and in the EIR has been reviewed and considered by the members of the City Council. 3. The City Council hereby finds and determines as follows: A. No substantial changes are proposed in the development, or with respect to the circumstances under which the development project is to be undertaken, which will require major revisions in the EIR due to the involvement of new environmental impacts not covered in the EIR; and B. No Subsequent EIR or Supplement to the EIR is necessary or required; and on the EIR. C. The proposed action environment, except as will have no significant effect identified and considered in the -2- 4. The City Council hereby finds and determines that the consideration for construction and sale of the Parking structure pursuant to said Second Amendment is not less than fair market value in accordance with covenants and conditions governing such sale. 5. The sale of the Parking structure by the Agency to the Developer and the Second Amendment which establishes the terms and conditions for such sale are hereby approved. City of THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim this 9th day September , 1986. ~ MAYO ATTEST: ~<t '215:<< CITY CLEHK OF THE CITY OF ANAHEIM s. 0002R 082186 -3- ....N_.,."..._...."',."'....... _.~......;..~_""',.',',.,."~c..'.,..,_.."' ,........~......,_~~_.._......,... CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-401 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of September, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-401 on the 9th day of September, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of September, 1986. ~"- '/[~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-401 duly passed and adopted by the Anaheim City Council on September 9, 1986. ~ ~ ~~7( CITY CLERK