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94-267 RESOLUTION NO. 94R-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO APPROVAL OF A FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is a community redevelopment agency organized and existing under the Community Redevelopment Law, Health and Safety Code Sections 33000, et seq.; and WHEREAS, in order to carry out and implement the Redevelopment Plan for the Agency's Project Alpha, the Agency and Kaufman and Broad of Southern California, Inc., a california corporation, (the "Developer") have entered into that certain Disposition and Development Agreement dated October 29, 1993 (the "Agreement"), which Agreement, among other things, provides for the conveyance of certain real property (the "Site") to the Developer and for the Developer to construct single-family houses and townhouses thereon (the "Project"); and WHEREAS, the Agency has adopted a Negative Declaration pursuant to the California Environmental Quality Act, finding that implementation of the Agreement would not result in any significant environmental impacts beyond those impacts which had been previously considered by the Agency; and WHEREAS, the Developer and the Agency propose to enter into an amendment to the Agreement (the "First Amendment"), which First Amendment, among other things, does the following: (1) provides for preconveyance grading and construction of utilities, infrastructure and model houses; (2) revises the terms of the Agency's assistance to low- and moderate-income purchasers of residential units; (3) provides incentives for early completion of the grading of the Site; and (4) provides for increased unit sizes with corresponding increases in the threshold amounts for calculation of the Additional Purchase Price (as defined in the Agreement) based upon such increased sizes; and WHEREAS, an Initial Study was prepared pursuant to the California Environmental Quality Act to evaluate any potential environmental impacts of the First Amendment, and that Initial Study concluded that implementation of the Agreement as amended by the First Amendment would not result in any significant environmental impacts; and WHEREAS, the Agency and the city Council of the City of Anaheim (the "City") have conducted a duly noticed joint public hearing on the First Amendment and have evaluated all information and testimony presented in such hearing; and WHEREAS, the city Council has duly considered all terms and conditions of the proposed First Amendment and believes that the development of the Project pursuant to the Agreement as amended by the First Amendment will further the best interests of the Agency and the City and the health, safety and welfare of its residents and is in accord with the public purposes and provisions of applicable State and local law requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM that the City Council finds and determines that implementation of the Agreement as amended by the First Amendment will not cause any significant environmental impact of the Project beyond the impact that was previously analyzed in the Negative Declaration previously approved by the Agency, and the Negative Declaration for the First Amendment is hereby approved. BE IT FURTHER RESOLVED that the City Council hereby consents to the execution of the First Amendment by the Agency. A copy of the First Amendment when executed by the Agency shall be placed on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Clerk shall certify to the adoption of this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of November, 1994. ATTE$~~ CI?Y CLERK OF THE CITY OF ANAHEIM 9495.1\EEGAN\November 9, 1994 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. 94R-267 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of November, 1994, by the following vote ol~ the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CER'rlFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-267 on the 16th day of NovemSer, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of November, 1994. CITY CLEFIK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, (~ity Clerk of the City of Anaheim, do hereb!/certify that the foregoing is the original of Resolution No. 94R-2~67 was duly passed and adopted by 'the City Council of the City of Anaheim on November' 15, 1994. CITY CLEFIK OF THE CITY OF ANAHEIM