90-437 RESOLUTION NO. 90R-437
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE SALE OF THE PROPERTY
SUBJECT TO A FIRST AMENDMENT TO THE -4
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY,
LINCOLN PROPERTY DEVELOPMENT COMPANY N.C.,
INC., AND LINCOLN ANAHEIM VILLAGE LIMITED
PARTNERSHIP.
WHEREAS, the Anaheim Redevelopment Agency (the
"Agency") and Lincoln Property Development Company N.C., Inc.
(the "Developer") entered into a certain Disposition and
Development Agreement, dated as of January 9, 1990 (the 'DDA")
for the disposition and development of certain private and
public improvements within the Project Alpha Redevelopment
Project Area (the "Project Area'); and
WHEREAS, the Developer and the Agency are proceeding
to perform their respective obligations pursuant to the DDA; and
WHEREAS, the Developer and the Agency desire to
approve an amendment to the DDA (in the form attached hereto as
Attachment #A" incorporated herein, which constitutes the
"Amendment") to revise the sales price and other economic terms
of the DDA, and to approve the assignment of a portion of the
Developer's obligations under the DDA to Lincoln Anaheim
Village Limited Partnership, all as more particularly set forth
therein; and
WHEREAS, the approval and execution of the Amendment
will facilitate the orderly completion of improvements by the
Developer as contemplated in the DDA and in furtherance of the
Redevelopment Plan for the Project 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 Amendment and the
acquisition and disposition of real property in accordance with
California Health and Safety Code Sections 33431 and 33433; and
WHEREAS, the staff report pertaining to the 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 Amendment; and
WHEREAS, the City Council and the Agency have approved
by resolution a finding that the Amendment will not create any
new significant environmental impacts not considered in
previous environmental documents for the Project Alpha
Redevelopment Project;
NOW, THEREFORE, the City Council of the City of
Anaheim does resolve as follows:
i. The City Council finds and determines, based upon
the testimony and information presented during the public
hearing with respect to the Amendment, that the consideration
for the real property to be transferred to the Developer by
deed is fair and in amounts adequate and necessary to
effectuate the purposes of the Redevelopment Plan. The price
for the interest to be conveyed by the Agency to the Developer
has been determined at the highest uses permitted under the
Redevelopment Plan.
2. The City Council finds and determines that: (a)
the approval of the 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
Amendment is consistent with the orderly development of the
improvements to be provided by the Developer pursuant to the
DDA.
3. The City Council approves the sale of the subject
property pursuant to the Amendment in the form of Attachment
"A", and authorizes and directs the Mayor and the City Manager
to execute such documents as may be necessary and appropriate
to effectuate the sale of the subject property pursuant to the
DDA as now amended.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 11th day
of December , 1990.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
2757u/2621/012 -2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-437 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on the
11th day of December, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS= None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-437 on the 12th day of December, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of December, 1990.
CITY CLERK OF THE CITY OF A~AHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-437 duly passed and adopted
by the Anaheim City Council on December 11, 1990.
CITY CLERK OF THE CITY OF ANAHEIM