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84R-485 RESOLUTION NO. 84R- 485 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE PROPOSED FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND MEYER INVESTMENT PROPERTIES, INC., A CALIFORNIA CORPORATION, AND FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE WHEREAS, the Anaheim Redevelopment Agency (the "Agency ") is engaged in activities 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, it is necessary and desirable for the Agency to enter into a First Amendment to the DDA (the "First Amendment "); and WHEREAS, in order to implement the Redevelopment Plan, as amended, and the DDA, Agency proposes to construct and sell, pursuant to the terms and conditions of the First Amendment, a parking structure (the "Parking Structure ") on real property located in the general vicinity of Broadway and Harbor Boulevard; and WHEREAS, Meyer Investment Properties, Inc., a California corporation (the "Developer ") has submitted to the Agency a written offer in the form of said First Amendment to purchase the Parking Structure at a fair and equitable price for uses in accordance with the Redevelopment Plan and the DDA; and WHEREAS, the proposed First Amendment contains all provisions, terms, conditions, and obligations required by state and local law; and WHEREAS, pursuant to such provisions of the California Community Redevelopment Law, the Agency and the City Council held a joint public hearing on the proposed sale of the Parking Structure and the proposed First Amendment; and WHEREAS, the Agency has prepared a summary setting forth the cost of the First Amendment to the Agency, the estimated value of the interest to be conveyed determined at the highest uses permitted under the Development Plan and the purchase price, and has made said summary available for public inspection in accordance with the California Community Redevelopment Law; and WHEREAS, the Agency has certified a Subsequent Environmental Impact Report prepared by Agency staff, and has found any adverse impact as a result of the construction and sale of the Parking Structure pursuant to the proposed First Amendment and the DDA will be mitigated by measures incorporated into the Redevelopment Project, or will be outweighed and overridden by public benefit; and -1- WHEREAS, the City Council has duly considered all terms and conditions of the proposed construction and sale of the Parking Structure and finds that such redevelopment activities pursuant to the proposed First Amendment and the DDA, are in the best interest of the City of Anaheim, California, and the health, safety, and welfare of its residents, 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 RESOTYED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: 1. The City Council hereby finds and determines that the consideration for construction and sale of the Parking Structure pursuant to said First Amendment is not less than fair market value in accordance with covenants and conditions governing such sale. 2. The sale of the Parking Structure by the Agency to the Developer and the First Amendment which establishes the terms and conditions for such sale are hereby approved. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City 3f Anaheim this 11 th day of _December , 1984. 4 /04,, I /O r MAYOR OF THE CITY OF ANAHEIM ATTES 2 CITY CI.FRK OF THE CITY OF ANAHEIM 120/13 -3 -2- 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. 84R -485 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the llth day of December, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickier, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R -485 on the llth day of December, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of December, 1984. r / �lhc - d'1 Gl ' '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. 84R -485 duly passed and adopted by the Anaheim City Council on December 11, 1984. CITY CLERK