92-079 RESOLUTION NO. 92R-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE SALE OF THE PROPERTY
SUBJECT TO THE THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
AMONG THE ANAHEIM REDEVELOPMENT AGENCY,
LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP,
AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA,
INC.
WHEREAS, the Anaheim Redevelopment Agency (the
"Agency") and Lincoln Property Development Company N.C., Inc.
(the "Initial Developer") entered into a certain Disposition
and Development Agreement, dated as of September 22, 1989 (the
"DDA") 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 City Council approved by Resolution
No. 90R-437 on December 10, 1990, the disposition of real
property pursuant to the First Amendment to the Disposition and
Development Agreement (the "First Amendment"), which revised
the sales price and other economic terms of the DDA and
approved the assignment to Lincoln Anaheim Village Limited
Partnership (the "Apartment Developer") of a portion of the
Developer's obligations under the DDA with'respect to the
Rental Units; and
WHEREAS, the City Council approved by Resolution
No. 91R-133 on May 7, 1991, 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 Disposition 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; and
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 City Council and the Agency 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 City Council of the City of
Anaheim does resolve as follows:
1. The City Council 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 price
for the interests 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 City Council 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.
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3. The City Council approves the sale of the subject
property pursuant to the Third Amendment, 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 21st day
of April , 1992.
MAYOR OF THE AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIf~
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0288Q/2621/012 -3-
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. 92R-79 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 21st day of
April, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed said
Resolution No. 92R-79 on the 22nd day of April, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of April, 1992.
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. 92R-79 duly passed and adopted
by the City Council of the City of Anaheim on April 21, 1992.
CITY CLERK OF THE CITY OF ANAHEIM