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RES-2008-066RESOLUTION NO. 2008 -066 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING (I) AN AGREEMENT RE: PARTIAL TERMINATION OF DISPOSITION AND DEVELOPMENT AGREEMENT, (II) A REIMBURSEMENT AGREEMENT, AND (III) A DISPOSITION AND DEVELOPMENT AGREEMENT, ALL WITH BROOKFIELD OLIVE STREET LLC, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Anaheim Redevelopment Agency (the "Agency is engaged in implementation of the Redevelopment Plan for the Anaheim Merged Redevelopment Project (the "Redevelopment Plan and WHEREAS, the Agency desires to redevelop those approximately twenty (20) acres generally located at the northwest corner of Olive Street and South Street in the City of Anaheim (the "Site and WHEREAS, in order to implement the Redevelopment Plan, Agency and Brookfield Olive Street LLC (the "Developer entered into that certain Disposition and Development Agreement (Olive Street Single- Family Residential Development) dated as of March 15, 2006, as amended by that certain Amendment to Disposition and Development (Olive Street Single- Family Residential Development) dated as of November 3, 2006 and that certain Second Amendment to Disposition and Development (Olive Street Single Family Residential Development) dated as of March 15, 2008, (as amended, the "Original DDA and WHEREAS, the Original DDA provides, among other things, the terms and conditions with respect to the Agency's two phased sale of an approximately fifteen (15) acre portion of the Site (the "Agency Parcels to the Developer and Developer's construction and sale of various housing units; and WHEREAS, to date, the closing has occurred with respect to the southern most eight (8) acre portion of the Agency Parcels (the "Agency Parcel South and the Developer has commenced construction of the housing units, having completed and having sold some of the housing units; and WHEREAS, the development of the remaining portion of the Agency Parcels (the "Agency Parcel North pursuant to the terms and conditions of the Original DDA is no longer economically viable; and WHEREAS, the Agency and the Developer desire to terminate the Original DDA with respect to the Agency Parcel North by entering into that certain Agreement Re: Partial Termination of Disposition and Development Agreement (Olive Street Single- Family Residential Development) dated as of June 1, 2008 (the "Agreement Re: Partial Termination of DDA and WHEREAS, in connection with the Original DDA, the Developer has agreed to construct 1 various improvements integral to the Developer's housing project which the Agency would otherwise obligated to construct, provided the Agency reimburses the Developer for the costs thereby incurred; and WHEREAS, the Agency and the Developer desire to enter into that certain Agency Reimbursement Agreement dated as of June 1, 2008 (the "Reimbursement Agreement and WHEREAS, the Agency desires to continue to redevelop the Site by entering into that certain Disposition and Development Agreement (Colony Park Phase II) dated as of June 1, 2008 (the "Phase II DDA by and between the Agency and Developer pursuant to which (i) the Agency would sell an approximately four (4) acre portion of the Agency Parcel North (the "Northwest Agency Parcel to the Developer, and (ii) the Developer would construct housing Northwest Agency Parcel for subsequent sale to, among other persons, low or moderate income persons or families at affordable housing costs, requiring that such houses remain continuously occupied by low or moderate income owners at an affordable housing cost for the period of the covenants set forth therein (the "Housing Project and WHEREAS, pursuant to Section 33433 of the California Redevelopment Law "CRL the Agency is authorized, with the approval of the City Council of the City of Anaheim (the "City after conducting a public hearing, to sell or lease the Northwest Agency Parcel for development pursuant to the Redevelopment Plan upon a determination by the City Council that the consideration for such sale or lease is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease; and WHEREAS, in connection with the Phase II DDA, Agency staff has had prepared, and the Agency has reviewed and considered, a "summary report" setting forth: (i) the cost of the Phase II DDA to the Agency, (ii) the estimated value of the interests to be sold to the Developer, determined at the highest and best uses permitted under the Redevelopment Plan, (iii) the estimated value of the interests to be sold, determined at the uses and with the conditions, covenants and development costs required by the sale, and (iv) the purchase price for the Developer's acquisition of the Northwest Agency Parcel; and WHEREAS, the Phase II DDA contains all of the terms, covenants, conditions, restrictions, obligations and provisions required by state and local law; and WHEREAS, the Housing Project will assist with the removal of blight within the Redevelopment Project and is consistent with the implementation plan adopted by the Agency for the Redevelopment Plan pursuant to Section 33490 of the CRL (the "Implementation Plan and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code 2 Section 21000 et seg.) "CEQA and the CEQA Implementing Guidelines (14 California Code of Regulations Section 15000 et seq.) (the "Guidelines the City of Anaheim (the "City adopted and certified Anaheim General Plan and Zoning Code Update Environmental Impact Report No. 330 (the "General Plan Update EIR in connection with the City's General Plan update in 2004 (as updated, the "General Plan and WHEREAS, the General Plan Update EIR is a Program EIR under CEQA and the Guidelines, addressing the environmental impacts from the City's ultimate build -out, considering maximum densities and the effects thereof, and establishing a mitigation monitoring program which requires, among other things, subsequent focused studies and the implementation of mitigation measures where required; and WHEREAS, the Agency has reviewed and determined that the Housing Project falls within the scope of the activities addressed in the General Plan Update EIR and the General Plan Update EIR adequately describes the Housing Project for purposes of CEQA because (i) the General Plan Update EIR is a Program EIR, (ii) the Housing Project is consistent with the General Plan, (iii) the Housing Project presents no new environmental effects which could occur that were not examined in the General Plan Update EIR, and (iv) there is no new information to suggest that new mitigation measures would be required of the Housing Project; and WHEREAS, the Anaheim Housing and Community Development Commission has recommended that the City Council of the City and the Governing Board of the Agency approve the DDA and the conceptual site plan and elevations for the Housing Project; and WHEREAS, pursuant to the CRL, the Agency Governing Board and the City Council of the City have conducted a duly noticed joint public hearing on the DDA, at which public hearing all persons were given an opportunity to be heard; and WHEREAS, the City Council of the City of Anaheim has duly considered all of the terms and conditions of the DDA and believes that the Housing Project is in the best interests of the City of Anaheim 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Approval of Agreement Re: Partial Termination of DDA. The Agreement Re: Partial Termination of DDA, substantially in the form of the copy which is on file with the Secretary of the Agency, is hereby approved. Section 2. Approval of Reimbursement Agreement. The Reimbursement Agreement, substantially in the form of the copy which is on file with the Secretary of the Agency, is hereby approved. Section 3. CRL Section 33433 Findings for Phase II DDA. The City Council hereby 3 finds and determines that, based on substantial evidence in the record before it: (i) Section 4. Approval of Phase II DDA. The Phase II DDA, substantially in the form of the copy which is on file with the Secretary of the Agency, is hereby approved. (ii) the development of the Housing Project will assist in the elimination of blight in the Redevelopment Project area, will contribute to the provision of housing for low and moderate income persons, and is consistent with the Implementation Plan adopted by the Agency for the Redevelopment Plan THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TENTH (10TH) DAY OF JUNE, 2008, BY THE FOLLOWING ROLL CALL VOTE: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: CITY CLERK 69290.2 the consideration for the Agency's disposition of the Northwest Agency Parcel pursuant to the Phase II DDA is not less than the fair reuse value in accordance with conditions, covenants and development costs required by the Phase II DDA, 4 MAYOR