91-287 RESOLUTION NO. 91R-287
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE THIRD AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND
KOLL ANAHEIM CENTER ASSOCIATES, THE
AMENDMENT TO OPTION AGREEMENT, RIGHT OF
FIRST REFUSAL AND ESCROW INSTRUCTIONS AND
THE AMENDMENT TO MEMORANDUM OF OPTION AND
RIGHT OF FIRST REFUSAL BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND PACIFIC BELL, AND
THE AMENDMENT TO PRE-DEVELOPMENT CONSTRUCTION
MANAGEMENT AGREEMENT BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND THE KOLL
CONSTRUCTION COMPANY
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, in order to carry out and implement the
Redevelopment Plan, the Agency has agreed to sell, convey, or
otherwise cause to be developed pursuant to the terms and
conditions of a Disposition and Development Agreement, as
amended (the #DDA"), between the Agency and Koll Anaheim Center
Associates, a California limited partnership (the "Developer"),
and certain attached documents including an Option Agreement,
Right of First Refusal and Escrow Instructions ("Option
Agreement") and a Memorandum of Option and Right of First
Refusal ("Memorandum") between the Agency and Pacific Bell, a
California corporation, and a Pre-Development Construction
Management Agreement between the Agency and T.K.C.C., Inc.
("Pre-Development Agreement"), certain real property bounded
generally by Lincoln Avenue, Anaheim and Harbor Boulevards, and
Broadway, and the alley known as Oak Street, in the City of
Anaheim, as is more particularly described in the DDA (the
"Site"); and
WHEREAS, the Agency and the Developer propose to make
certain changes to the DDA as more fully set forth in the Third
Amendment to Disposition and Development Agreement (the "Third
Amendment") and to certain documents attached to the DDA as
more fully set forth in the Amendment to Option Agreement,
Right of First Refusal and Escrow Instructions ("Option
Amendment"), the Amendment to Memorandum of Option and Right of
First Refusal ("Memorandum Amendment"), and the Amendment to
Pre-Development Construction Management Agreement
("Pre-Development Amendment"); and
WHEREAS, the Agency has prepared a summary setting
forth the cost to the Agency of the Third Amendment, the Option
Amendment, the Memorandum Amendment and the Pre-Development
Amendment, and the estimated value of the interest to be
conveyed determined at the highest uses permitted under the
Redevelopment Plan and the purchase price, and has made said
summary available for public inspection in accordance with the
California Community Redevelopment Law (the "Law"); and
WHEREAS, pursuant to such provisions of the Law, the
Agency and the City Council of the City of Anaheim (the "City
Council") held a combined joint public hearing on the proposed
conveyances to the Developer under the Third Amendment, the
Option Amendment, the Memorandum Amendment and the
Pre-Development Amendment, having duly published notice of such
public hearings and made copies of the Third Amendment and the
DDA, the Option Amendment, the Memorandum Amendment, the
Pre-Development Amendment and other reports and documents
available for public inspection and comment; and
WHEREAS, the City Council has duly considered all the
terms and conditions of the proposed conveyances pursuant to
the Third Amendment, the Option Amendment, the Memorandum
Amendment, the Pre-Development Amendment and the Agency Summary
and believes that the redevelopment of the Site pursuant to the
Third Amendment, the Option Amendment, the Memorandum Amendment
and the Pre-Development Amendment is in the best interests of
the City 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,
subject to findings and approvals made by the City Council in
this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim as follows:
1. The City Council hereby finds and determines that
the consideration to be given by the Developer for the
conveyance of the zeal property as described in the Disposition
and Development Agreement, as amended by the Third Amendment,
the Option Amendment, the Memorandum Amendment and the
Pre-Development Amendment is in amounts adequate and necessary
to effectuate the purposes of the Redevelopment Plan for the
Alpha Redevelopment Project.
2. The conveyance of the real property, and the
Third Amendment, the Option Amendment, the Memorandum Amendment
and the Pre-Development Amendment which establish the terms and
conditions for the conveyance, sale and development of the Site
are hereby approved.
6583u/2621/11
--2--
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 1st day of
October , 1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
6583u/2621/11
--3--
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. 91R-287 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 1st day of
October, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly
AHSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-287 on the 2nd day of October, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 2nd day of October, 1991.
CITY CLERK OF THE CITY OF ~AHEIM
(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-287 duly passed and adopted
by the City Council of the City of Anaheim on October 1, 1991.
CITY CLERK OF THE CITY OF A~HEIM