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RES-2025-026RESOLUTION NO.2025- 0 2 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH MANCHESTER LINCOLN, LLC; AUTHORIZING THE DIRECTOR OF ECONOMIC DEVELOPMENT TO FINALIZE SUCH DISPOSITION AND DEVELOPMENT AGREEMENT; AUTHORIZING THE DIRECTOR OF ECONOMIC DEVELOPMENT TO IMPLEMENT SUCH DISPOSITION AND DEVELOPMENT AGREEMENT; DETERMINING THAT SAID AGREEMENT FOR CONVEYANCE IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15312; 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 City holds title to certain real property consisting of approximately 2.8- acres generally located in the vicinity of 1501 W. Lincoln Avenue in the City of Anaheim (the "Property"); and WHEREAS, on April 12, 2022, the City Council adopted Resolution No. 2022-031 declaring the Property to be "surplus" properties pursuant to Government Code Section 54221(b)(1); and WHEREAS, following compliance with the Surplus Land Act (SLA), no sale was finalized. After completion of those procedures, the California Department of Housing and Community Development (HCD) determined, in a letter dated September 15, 2022 regarding "Written Comments Regarding the City of Anaheim's Surplus Land Disposition Documentation for the Property at 1501 West Lincoln Avenue (APNs 034-070-48, —77, —79, —80, and —83, —85)", that the City had met all the requirements under the SLA for the purposes of disposing of the Property and that the "City is permitted to proceed with the sale or lease of the Property"; and WHEREAS, the City has negotiated the terms of a Disposition and Development Agreement substantially in the form submitted herewith (the "Agreement") with Manchester Lincoln, LLC (hereinafter the "Developer"), pursuant to which the City will convey the Property to the Developer for a purchase price of $10,400,000 (the "Purchase Price"), which Purchase Price is subject to credits for certain extraordinary costs and potential remediation costs due to conditions on the Property as set forth in the Agreement; and WHEREAS, the City Council hereby finds and determines that it is not committing itself to or agreeing to undertake any other acts or activities requiring the subsequent independent exercise of discretion by the City Council or any representative or department thereof, and as otherwise provided in Section 303 of the Agreement. Any future use of the Property shall be preceded by, and is conditional and contingent upon, environmental assessment and review under, and in compliance with, the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA"); and WHEREAS, on April 8, 2025, the City held a noticed public hearing regarding the proposed Agreement; and WHEREAS, the City has prepared an economic report pursuant to Government Code Section 52201 (the "52201 Report") summarizing the details of the Agreement as provided for therein and made such 52201 Report available for public inspection prior to the public hearing on the Agreement; and WHEREAS, the Property has a fair market value of not less than the Purchase Price set forth in the Agreement; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreement, including all attachments thereto, and believes that the proposed conveyance 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; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and attachments, and all materials in the City's files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM: 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. Pursuant to and in accordance with the provisions of the 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; "CEQA Guidelines"), the City Council finds and determines that the project involves the sale of surplus government property; the surplus Property is not located in an area of statewide, regional or areawide concern identified in CEQA Guidelines Section 15206(b)(4); and, the project is not subject to any of the exceptions to exemption set forth in CEQA Guidelines Section 15300.2. Thus, the City's sale of the surplus Property is exempt from CEQA pursuant to CEQA Guidelines Section 15312, which exempts the sale of surplus government property. Section 3. 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 2 for the Property is not less than the fair market value at its highest and best use, as determined by an independent appraiser. Section 4. Pursuant to Government Code Section 52201, the City Council hereby finds that the sale of the Property will assist in the creation of economic opportunity and that the consideration is not less than the fair market value at its highest and best use. Accordingly, the City Council approves the 52201 Report. Section 5. The City Council hereby approves the Agreement, with such non -substantive changes as may be mutually agreed upon by the Developer, the City Attorney's Office and the Director (or his duly authorized representative), respectively, as are minor and in substantial conformance with the form of the Agreement submitted herewith. The Director and the City Clerk are hereby authorized to execute and attest the Agreement, 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 Agreement after completion of any such revisions. Copies of the final forin of the Agreement, 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 Agreement and take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the transaction contemplated by the Agreement, including all exhibits thereto. The Director (or his duly authorized representative) is hereby authorized to the extent necessary during the implementation of the Agreement to make technical or minor changes and interpretations of the Agreement after execution, as necessary to properly implement and carry out the Agreement, 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 Agreement. Section 6. In addition to the authorization of Section 5 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 Agreement, 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 Agreement, including all exhibits thereto. Section 7. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 3 THE FOREGOING RESOLUTION is passed, approved and adopted by the City Council of the City of Anaheim this 8th day of April , 2025, by the following roll call vote: Mayor Aitken and Council Members Meeks, Balius, AYES: Leon, Rubalcava, Kurtz and Maahs NOES: None ABSTAIN: None ABSENT: None CITY OF ANAHEIM By: JdAv MAYOR OF H CITY OF ANAHEIM ATTEST: (�! qCIERK OF THE CITY OF ANAHEIM rd 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. 2025-026 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8' day of April, 2025 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Meeks, Balius, Leon, Rubalcava, Kurtz and Maahs NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of April, 2025. CITY CLERK OF THE CITY bF ANAHEIM (SEAL)