91-133 RESOLUTION NO. 91R-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE SALE OF THE PROPERTY
SUBJECT TO THE SECOND AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
AMONG THE ANAHEIM REDEVELOPMENT AGENCY,
LINCOLN PROPERTY DEVELOPMENT COMPANY N.C.,
INC., LINCOLN ANAHEIM VILLAGE LIMITED
PARTNERSHIP, AND KAUFMAN AND BROAD OF
SOUTHERN CALIFORNIA, INC.
WHEREAS, the Anaheim Redevelopment Agency (the
"Agency") and Lincoln Property Development Company N.C., Inc.
(the "Initial Developer") entered into a certain Disposition
and Development Agreement, dated as of September 22, 1989 (the
"DDA") for the disposition of certain real property to the
Initial Developer and development of specified attached and
detached for sale dwellings (the "For Sale Residential Units"~),
multiple family rental dwellings (the "Rental Units") and
commercial/retail improvements (the "Retail Improvements"); and
WHEREAS, the City Council approved by Resolution
No. 90E-437 on December 10, 1990, the disposition of real
property pursuant to the First Amendment to the Disposition and
Development Agreement (the "First Amendment"), which revised
the sales price and other economic terms of the DDA and
approved the assignment to Lincoln Anaheim Village Limited
Partnership (the "Apartment Developer") of a portion of the
Developer's obligations under the DDA with respect to the
Rental Units; and
WHEREAS, the Initial Developer, the Apartment
Developer and the Agency are proceeding to perform their
respective obligations pursuant to the DDA and the First
Amendment; and
WHEREAS, the Developer and the Agency desire to
approve a Second Amendment to the Disposition and Development
Agreement (in the form attached hereto as Attachment "A"
incorporated herein, which constitutes the "Second Amendment")
to revise the sales price and other economic terms of the DDA,
and to approve the assignment to Kaufman and Broad of Southern
California, Inc. (the "For Sale Developer") of a portion of the
Initial Developer's obligations under the DDA with respect to
the For Sale Residential Units, all as more particularly set
forth therein; and
WHEREAS, the approval and execution of the Second
Amendment will facilitate the orderly completion of
improvements by the For Sale Developer as contemplated in the
DDA and in furtherance of the Redevelopment Plan for the
Project Alpha Redevelopment Project (the "Redevelopment Plan");
and
WHEREAS, the Agency and the City Council of the City
of Anaheim (the "City Council") have conducted a duly noticed
joint public hearing regarding the Second Amendment and the
proposed acquisition and disposition of real property in
accordance with California Health and Safety Code Sections
33431 and 33433; and
WHEREAS, the staff report pertaining to the Second
Amendment, which has been on display prior to the joint public
hearing in accordance with Section 33433 of the California
Health and Safety Code, contains a detailed description of the
provisions of the Second Amendment; and
WHEREAS, the City Council and the Agency have approved
by resolution a finding that the Second Amendment will not
create any new significant environmental impacts not considered
in previous environmental documents for the Project Alpha
Redevelopment Project;
NOW, THEREFORE, the City Council of the City of
Anaheim does resolve as follows:
1. The City Council finds and determines, based upon
the testimony and information presented during the public
hearing with respect to the Second Amendment, that the
consideration for the real property to be transferred to the
Developer by deed is fair and in amounts adequate and necessary
to effectuate the purposes of the Redevelopment Plan. The
price for the interest to be conveyed by the Agency to the
Developer has been determined at the highest uses permitted
under the Redevelopment Plan.
2. The City Council finds and determines that: (a)
the approval of the Second Amendment will promote the
objectives of the Redevelopment Plan and promote the health,
safety and welfare of the citizens of the City of Anaheim; and
(b) the Second Amendment is consistent with the orderly
development of the improvements to be provided by the For Sale
Developer pursuant to the DDA.
3. The City Council approves the sale of the subject
property pursuant to the Second Amendment in the form'of
Attachment "A", and authorizes and directs the Mayor and the
City Manager to execute such documents as may be necessary and
appropriate to effectuate the sale of the subject property
pursuant to the DDA as now amended.
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THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 7th day
of M~¥ , 1991.
MAY R OF THE~
ATTEST:
CITY CLERK OF THE CITY OF A~AHEIM
04/29/91
5059u/2621-12 -3-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 91K-133 was
introduced and adopted at a regular meeting provided by law of
the City Council of the City of Anaheim held on the 7th day
of May , 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim
signed said Resolution No. 91R-133 on the 8th day of May ,
1991.
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. 91R-133, duly passed and adopted by the Anaheim City Council
on May 7 , 1991.
CITY CLERK OF THE CITY OF ANAHEIM
04/'29/91
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