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94-031 RIiSOI,UTION NO. A RESOLUTION OF TH}/i CITY COt!NCI[, (iF THE CITY OF ANAHEIM CONSENTING TO THE APPROVAL ()F q"l~IE A.NAI4E!M REDEVELOPMENT AGENCY TO THE FOURTH AMENDMENT OF DlSPOSITION AND DEVELOPMENT AGREEM'I}NT BETWEEN THE ANAHEIM RE{)EVELOI-'MENT AGENCY AND KOLL ANABEiM CENTER ASSOCIATES WHEREAS, the Anaheim Rcdcwqupment Agency (the "Agency") is engaged in activilics llcCcssary tO excctlle alld implement l[le l~edevclopmcat Plan (the "Redcvc[opnlcnt Plan") for Redevelopment Prq}cct Alpha (tlm "Project"); and WHEREAS, in order t{.~ carry out and iml)l~:mmlt the Re(levek)pment Plan, the Agency bas agreed lt~ sell, convoy, or otherwise cause Io be dev(Aoped pursuan~ to the terms alld condilians of a Dispesition and Dcvclopu~cnt Agrcen:cnt, as nmended (the "DDA"), between the Agency a~d Koll Anaheim Cenlcr Associales, a Californi,~ limited par?x~:rsbip (the "Developczr"), and cmtuin attached documents, cer~aia r'c:al proparty Ixxmt[ed giniorally by Lincob~ Avenue, Anaheim and Harbor Boulevards, and Brimalway, a,td the alley known as Oak Street. [n the City of AmO;citn, as is more partictdm'ly described in tl-zo DDA ([he "Sitt:"); and WHEREAS, the Agency and tb~ Ocreloper propose tu make certain changes to d~e DDA as more ~'ully set forlh in the Fourth Amendtncal to DNpositiun and Development Agreemcnl "Fourth A~lmtldnlc~t"), which incltldeS recon{Sguratio~l ol- the parcels whiel~ make up the Site, ~cvisiml of the time solrodale, and revision c4' the ~eqttirtnlte~/ts for Ibe l~:~r~l of required by the Developer; and WHEREAS, pursuant to Section 33433 of the Conmnmity Rcdcvelopnscm Law (Calilbrnia Health and Safety Code Section 33000, 2[ ~_gc4.), the Agency is authorized, witg the m~tjority approval t~f the City Council after public hearing, to sell ~he Site R>r redevelopment pursuant to the Redevelopment Plan upol~ a determinalion by the City Cotmc}l that the sale of property will assisl in tbc climinalion of blight and Ibat tiao consideration for stroh sahz ts t~o[ less lhan either the fifir ma~ kct value or fair ~{mse value of the property in :l['corc!~mce with the cove~ant:q and condilions govertiitlg the sale and the development costs reqtfired thereof; WIIEREAS, a joint public hearing of tbe Agency and City Cotmcil on the i)roposcd Fourth A. mendmenl was duly noticed in accordance with the reqtfirements of Heahh and Code Scclion 33433; and WItEREAS, the proposed Fourth Amendment, and a summary rel~ort meeting requirements of Health and Snfety Code Section 33433, were available R~r tmbtic inspection consistent with the rcqtlirenlents of Health atxd 8afi21y Code Section 33433; and WHEREAS, rm Marclq 8, 1994, the Agency and Cily Cotmc~l bekl a joinz public l~eat ing ell t[lc prolmsed Fourth Amcndmenl and evaluated all of tbe inlbrmadcm, iestimtmy, nnd evidence presented during the joint Dtblic hearing; and WHEREAS, the City Council has reviewed the summary report required pursuant to Health and Safety Code Section 33433 and evaluated other information provided to it pertaining to the findings required pursuant to Secticon 33433; and WHEREAS, the sale of the Site pursuant to the DDA as amended will assist in the elimination of blight by providing for the reuse and redevelopment of a portion of the project area which formerly contained substandard masonry and brick structures, structures which were onsightly in appearance and inadequate to serve the needs of the downtown area, and was in an area generally characterized by inadequate water supply and circulation, poor drainage, limited sewer facilities, inadequate streets, lack of underground otilities and serious grade problcms, as further identified in the Report to the City Council on the Redevelopment Plan for Redevelopment Project Alpha; and WHEREAS, the consideration for the sale of the Site pursum~t to the DDA, as amended by the Fourth Amendment, will be at the fair reuse valae of the Site as further identified in the Summary Report; and WHEREAS, the City has prepared an initial study with respect to the Fourth Amendment, and has determined porsuant to such initial study that no fnrther evaluation of the Fourth Amendment is required pursuant to the California Environmental Quality Act ("CEQA") because the project does not significantly differ fi',~m earlier versions of the project which have previously been reviewed pursuant to CEQA; and WHEREAS, all actions required by all applicable law with respect to the proposed Fourth Amendment have been taken in an appropriate and thnely manner; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Foorth Amendment and belieyea that the disposition of the Site pursuant thereto is in the best interests of 'die City of Aoaheim and die health, safety, and welfare of its residents, and in accord with the pnblic purposes and provisions of applicahle state and local laws and requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: Section 1. The City Council hereby finds and determines, based upon substantial evidence provided in the record before it that the consideration for the Agency's disposition of the Site pursuant to the terms and conditim~s of the DDA, as amended by the Fourth Amendment, is not less than fair reuse value of the Site in accordance with covenants and conditions governing die sale, and the dc'ielopment costs required under the DDA, as amended by the Fourth Amendment. Section 2. The City Council hereby finds and determines that the disposition of the Site pursuant to the DDA, as amended by the Fourth Amendment, will eliminate blight within the Project Area by providing for the reuse and redevelopment of a portion of the Project Area which was declared blighted for the reasons described above. ?UUL:II799_II391[B2621,11 2 Section 3. The City Council hereby consents and approves the execution of the Fourth Amendment by the Agency. A copy of the Fourth Amendment when executed shall be placed on file in the office of the City Clerk. Section 4. The City Clerk is directed to file a Notice of Exemption with the Office of the Orange County Recorder pursuant to the provisions of CEQA. Section 5. The City Clerk sholl certify to the adoption of this Resolution. APPROVED AND ADOPTED tlqs 8th day of March, 1994. ....... City Clerk PUaL:11799_11391{B2621,11 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. 94R-31 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of March, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-77 on the 9th day of March, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of March, 1994. 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. 94R-31 was duly passed and adopted by the City Council of the City of Anaheim on March 8, 1994. CITY CLERK OF THE CITY OF ANAHEIM