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ARA1986-025RESOLUTION NO. ARA 86-25 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO AND APPROVING THE PROPOSED SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH MEYER INVESTMENT PROPERTIES, INC.; AND AUTHORIZING THE EXECUTION OF SAID SECOND AMENDMENT WHEREAS, the Anaheim Redevelopment Agency (the "Agency ") is engaged in activity necessary to execute and implement the Redevelopment Plan (the "Redevelopment Plan ") for Redevelopment Project Alpha (the "Project "); and WHEREAS, the Agency has heretofore entered into a Disposition and Development Agreement with Meyer Investment Properties, Inc., dated November 8, 1983 (the "DDA") providing for the sale and redevelopment of a portion of Redevelopment Project Alpha; and 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 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 WHEREAS, the proposed Second Amendment contains all the provisions, terms, conditions, and obligations required by state and local law; and 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 at the highest uses permitted under the Redevelopment Plan and the purchase price, and has made such summary available for public inspection in accordance with the California Community Redevelopment Law; and WHEREAS, pursuant to such provision of the California Community Redevelopment Law, the Agency and the City Council of the City of Anaheim (the "City Council ") held a joint public hearing on the proposed Second Amendment; and -1- 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 Agency has duly considered all terms and conditions of the proposed Second Amendment and believes they are in the best interest of the City of Anaheim, California, and the health, safety, and welfare of its residents, and 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 ANAHEIM REDEVELOPMENT AGENCY AS FOLLOWS: 1. The Agency hereby approves and adopts the Initial Study with respect to the proposed Second Amendment. 2. The Agency hereby certifies that the information contained in the Initial Study and in the EIR has been reviewed and considered by the members of the Agency. 3. The Agency 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 C. The proposed action will have no significant effect on the environment, except as identified and considered in the EIR. 4. The Second Amendment is hereby approved. 5. The Chairman is hereby authorized to execute the Second Amendment on behalf of the Agency, and the Executive Director is hereby authorized to take all steps, and to sign all other documents and instruments (including, but not limited to, the Grant Deed) necessary to implement and carry out the Second Amendment on behalf of the Agency. -2- BE IT FURTHER RESOLVED that the Chairman and Secretary are hereby authorized and directed to execute said Second Amendment on behalf of the Anaheim Redevelopment Agency. THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Redevelopment Agency this 9th day of September , 1986. • Chairman Anaheim Redevelopment Agency ATTEST: Secretary Anaheim Redevelopment Agency S. OOO1R 082186 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA86 -25 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 9th day of September, 1986, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 9th day of September, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th day of September, 1986. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)