2003-027RESOLU'[ION NO. 2003R-27
.:\ R~;SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
,_. )NSEN rING TO 'FILE SUB-SUBLICENSE/SUB-SUBLEASE AGREEMENT BY
:~,ND BETWEEN G. D. HEIL, INC. AND THE ANAHEIM RE, DEVELOPMENT
AGENCY AND MAKING CERTAIN FINDINGS IN CONNECTION
T~E.REWITH
V,'HEREAS, the Anaheim Redevelopment Agency (the "Agency") desires to etTectuatc ~t-~e
' ' ~ .he
t~:dev~!opment Plan for the Agency s Commercial/Industrial Re~eveiopment Protect ?
"Redevelopment Pro.iect") by providing for the redevelopment of approximately nme (9) acres of
real prope~y in the City of Anaheim located at Claudine Way (both east and west side), north of
Inrer's:a~.e 5 and east. of South Anahei~.'n Boulcxard (the "Site"); and
WHEREAS, on March 5, 1999, Kateila Operating Properties, LLC ("KOP i"), as
cpi ione,2, catered into an "Option A~eement" with Southern California Edisor~ Company
C'r.~dison"), as optionor, with respect to the Site; and
YVHEREAS, KOP I assigned its rights and inter'csts under the Opt:.on Agreement to
i,2atella Operating Prope~ies [1 ("KOP H'~) wi0~ t[:e ,'.'onsent of Edison; and
~VIfEREAS, KOP II exercised the op:ion under the Op'Scn .{grecrp. ent, ~.hereby
co~nmencmg, on May 1, 2001~ a license to use the Site ik, s a period of ~bp~y f40) :,,,.-.:~.rs (the
'q_.icense Term"), and
WHERI0;AS, in order to caru out and impieinent such R. edcvelomn, en~ P!an, the Agct'tcy,
subtlcensoffsttbleasee, entered into that cert:Mn Sublicense/Subleaso Agreement on. April 30,
,;vit.b. KOP H (the "Sublease") pursuant to whici; KOP ii sub!icensed the Si't,~: to the Agency,
the consent of Edison and subject to thc ter~,:~s and Col]d?i'io~:.; oft!:c Option Agreement,
WHEREAS, in order 'to carry out and i'mpicrnent such Redcve~lopinertt Plan, the Agency.
proposes to enter into that ce~ai~ Sub- Sublicense/Sub-.St~biease Agreen~ent with G. D. Hell, thC.
(ibc "A&'rec~::nt") pursuant to which the Agency intends to ::u:o-s~:blicrzr~se/sul~-st~b!ease an
ap?roximarc!y oi~e and one-halF (i ',5) acre p(Trtion of ibc Sit:a (thc "Premises") to G. D. tici!,
',5'itEi~EAS, Section 33433 of th.:; Califb~nia H~a!ti~ a~,d };afet'v Code requires,
otl~er tl~i:qgs, :hat the Agency (i) prepare a report with respect to ti;e dispositior; of certain
in:crests in re-a! property acquired in whole of ir., part, v,'itb tax incr¢.:n~ent (a "35433 Report") and
;ii) ob:.ah-t the consent of the ('itv (_-'ouF~,.'il tSor the dis?c, sition oF st;ct't real prop::.':-ty interests; a:xd
NOV~., THEREFORE, BE IT RI4, SLiL , ED Bk' THE CI'I'Y COUN('II, OF THE crrY OF
Ak A~fEIM AS FOLLOgVS:
Section I. The City Council finds and determines that, based upon suastantial evidence
provided m the record before it, tile consideration for the Agency's disposition of the Premises
pursuant to the temls and conditions of the Agreement, is not less than the fair market value of
the interest in the Premises to be conveyed under lhe A~,n:eement.
Section 2. The City Council hereby finds and detertnines that the disposition of the Premises
pursuant to the terms and conditions of'the Agreement wall eliminate blight within the
Redevelopment Pr~ ect Area by providing lot the proper reuse and redevelopment of a portion of'
the Redevelopment Project Area which was deciaredb"aghteo.~ '
Section 3. The City Council hereby finds and determines that the Agree~nent is consistent
with the Implenientatic, n Plan adopted for the Red. evelopment Project.
Section 4. The City Council hereby consents to the approval of the Affeement by the
Agency. A copy of the Agreement when executed by the Agency shall oe alaced or. file. in the
office of tP.e City C!¢rk/Agency Secretary.
Section 5. The City Clerk shall certify to tl,~e adoption of this Resoiation.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED _BY THE
CITY COUNCIL OF THE CITY OF ANAHEIM THIS 4th (
DAY OF ~arch .2003.
AT'FEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-27 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 4th day of March, 2003, by the following vote of the
members thereof:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS. None
'I'~-IE CITY OF ANAHEIM
(SEAL)