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90-014 RESOLUTION NO. 90R-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SALE OF CERTAIN REAL PROPERTY IN THE ALPHA REDEVELOPMENT PROJECT AREA TO KOLL ANAHEIM CENTER ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH SALE; APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND RELATED DOCUMENTS PERTAINING THERETO; APPROVING AN OPTION AGREEMENT BETWEEN THE AGENCY AND PACIFIC BELL, A CALIFORNIA CORPORATION; APPROVING A DECLARATION ESTABLISHING EASEMENTS IN FAVOR OF PACIFIC BELL BY THE AGENCY, AND APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE AGENCY 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, in order to carry out and implement the Redevelopment Plan, the Agency proposes to sell, convey, or otherwise cause to be developed pursuant to the terms and conditions of a Disposition and Development Agreement (the "DDA"), certain real 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, Koll Anaheim Center Associates, a California Limited Partnership (the "Developer"), has submitted to the Agency a written offer in the form of said Agreement to purchase portions of the Site at a fair and equitable price for uses in accordance with the Redevelopment Plan; and WHEREAS, as part of the DDA and in consideration of acquisition of an office building on this Site by Pacific Bell, a California corporation ("PacBell"), the Agency has determined that it is necessary to enter into an Option Agreement, First Right of Refusal and Escrow Instructions (the "Option Agreement") with PacBell for certain parcels within the Site; as well as to grant parking easements as identified in the Declaration Establishing Easements (the "Parking Declaration") affecting certain parcels within the Site; and WHEREAS, the City of Anaheim (the "City") is in need of an expansion location for City office facilities as part of its existing civic center adjacent to the Site, but lacks sufficient funds to otherwise acquire such a site, the City proposes to enter into a Cooperation Agreement for the Agency to convey a portion of the Site to the City and to assist in the construction of such a facility for the City within the Site; and WHEREAS, the Agency has prepared a summary setting forth the cost to the Agency of the DDA, the Option Agreement and the Parking Declaration and the Cooperation Agreement (collectively, the "Conveyance Documents"), 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 (the "Law"); and WHEREAS, pursuant to such provisions of the Law, the Agency and the City Council of the City of Anaheim (the "City Council") held a combined joint public hearing on the proposed conveyances to the Developer under the DDA, the granting of the option and parking rights to PacBell under the Option Agreement and the Parking Declaration, the conveyance to the city under the Cooperation Agreement and the combined Conveyance Documents, having duly published notice of such public hearings and made copies of the Conveyance Documents, other reports and documents available for public inspection and comment; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed conveyances and the Agency Summary and believes that the redevelopment of the Site pursuant to the Conveyance Documents is in the best interests of the City and the health, safety, morals, and welfare of its residents, and is in accord with the public purposes and provisions of applicable State and local law and requirements, subject to findings and approvals made by the City Council in this resolution. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Anaheim as follows: 1. The City Council hereby finds and determines that the consideration to be given by the Developer and PacBell for the conveyance of the real property as described in the Conveyance Documents is in accordance with the covenants and conditions governing such conveyance as set forth in the Conveyance Documents. The City Council hereby further finds and determines that all consideration to be given by the Developer and PacBell under the Conveyance Documents is in amounts adequate and necessary to effectuate the purposes of the Redevelopment Plan for the Alpha Redevelopment Project. 2. The City Council hereby finds and determines that the conveyance of property by the Agency to the City and the city office facilities to be built thereon will be of the benefit to the Project Area and the immediate neighborhood, and that no other funds are available to the community for acquisition of the property. 3. The conveyance of the real property, and the Conveyance Documents which establish the terms and conditions for the conveyance sale and development of the Site, are hereby approved. 4. The Mayor is hereby authorized to execute the Cooperation Agreement, on behalf of the city. 5. The City Manager or his designee is hereby authorized, on behalf of the City, to sign all other documents necessary and appropriate to carry out and implement the Cooperation Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Conveyance Documents. THE FOREGOING RESOLUTION is approved and adopted by the city Council of the City of Anaheim this 9th day of January , , 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM LS:dw LS~RESO1Rev 1-8-90 CLERK 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-14 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 January, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler 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-14 on the 11th day of January, 1990.. IN WITNESS WHEREOF, I have hereunto set my ha'nd and affixed the seal of the City of Anaheim this 11th day of January, 1990. 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. 90R-14, duly passed and adopted by the Anaheim City Council on January 9, 1990. CITY CLERK OF THE CITY OF ANAHEIM