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96-121 RESOLL~IqON NO. 96R-121 A RESOLL'TION OF THE CITY COL,~CIL OF TIlE CITY OF ANAItEEM CONSENTING TO THE SECOND .&MENDM]~NT TO DISPOSITION AND DEVELOPMENT AGREE~[ENT BY AN'D BET'WEEN THE ANAHELM REDEVELOPMENT AGENCY ,LN'D KALlZNL~_N AN'I) BROAD OF SOLWI-IE1LN CALIFORNIA, INC. WHEREAS. the Anaheim Redevelopment Agency (the 'Agency") is a community redevelopment agency organized and existing under the Community Redevelopment Law, Health and Safety Code Section 33000. et seq.: and $~'ItEREAS, in order to carry out and implement the Redevelopment Plan for the Alpha Redevelopment Project (the 'Project'), the Agency and Kaufman and Broad of Southern California, Inc., a California corporation (the '.Developer'), have entered into that certain Disposition and Development Agreement dated October 26, 1993, as amended by the First Amendment to Disposition and Development Agreement dated November 15, 1994 (as amended, the "Agreement"), pursuant to which the Agency has conveyed certain real property to the Developer. and the Developer has commenced the construction of single family houses and townhouses thereon: and WHEREAS, pursuant to the terms of Section 15 of the Third Amendment to Disposition and Development Agreement between the Agency, the Developer and Lincoln Anaheim Village Limited Parmership, a California limited partnership, dated as of April 31, 1992, the Agency and the Developer have entered into a "Negotiating Period" for the development of the "Cypress Street Infill Project," as defined therein: and WHEREAS. the Developer and the Agency propose to enter an amendment to the Agreement (the "Second Amendment"). which Second Amendment among other things provides for the conveyance from the Agency to the Developer of five additional parcels of real property located at (l) 128 and 202 S. Olive Street (the "Olive Infill Parcel No. 2"), (2) 203. 209. 211 and 215 S. Olive Street (the "Olive Infill Parcel No. 3"), (3) 306. 306 1/2. 310. 312 and 312 1/2 N. Sabina Street; 300. 305, 307. 309, 311, 312 and 318 N. Pauline Street: and 509,511, 517. 521 and 527 E. Cypress Street (the 'Cypress Infill Parcel No. I'), (4) 300, 304, 304 1/2. 308, 308 1/2. 312, 312 1/2. 314 and 314 1/2 N. Olive Street; 411. 415, 4[9 and 421 E. Cypress Street: and 309. 311. 315. and 317 N. Sabina Street (the 'Cypress lnfill Parcel No. 2). and (5) 12!. S. Atchison Street (the "Atchison Street Parcel"), as more particularly described in the Second Amendment (collectively. the "Additional Parcels"). and the development of townhouses and single family houses thereon: and WHEREAS, the proposed Second Amendment, and a summary report meeting the requirements of Health and Safety Code Section 33433. were ava/lable for public inspection consistent with the requirements of Health and Safety Code Section 33433: and WHEREAS, the Agency' and the City Council have conducted a duly noticed joint public hearing on the Amendment and have e~aluated all information and testimony presented in such hearing: and PC~L:40325_I,3Ig:22621004e WHEREAS, those Additional Parcels which are located within the Project are located in an area which was found by the Anaheim City Council, in iLL adoption of the Redevelopment Plan for the Project in I973. to be blighted as a result of substandard structures, inadequate water supply and circulation. poor drainage. limited sewer facilities. lack of underground utilities, serious grade problems. deteriorated residential dwellings and poor maintenance, as well as other indicia of blight; and WHEREAS, the sale of the Additional Parcels pursuant to the Agreement, as amended by the Second Amendment, will assist in the elimination of blight in the Project by requiring the development on previously blighted land of new high quality residential houses and townhouses which will be properly designed, constructed and maintained, and will be of benefit to the community by increasing the supply of housing in the Project Area and preventing blight from recurring on the Additional Parcels; and WHEREAS, the Implementation Plan adopted for the Project has identified a program of new single family and townhouse housing construction, primarily in the Downtown Anaheim area, potentially with Developer, as a specific project and/or program to be undertaken by the Agency in its implementation of the Redevelopment Plan for the Project: and WHEREAS, the Implementation Plan adopted for the Project has identified a program under which the Agency would provide incentives to developers to offset costs associated with the construction of ne~' affordable housing within the City, both within and outside of the redevelopment project areas, including the provision of land writedowns and first time homebuyer assistance. as a specific project and/or program to be undertaken by the Agency in its implementation of the redevelopment plan for the Alpha Redevelopment Project: and WHEREAS. an Initial Study was prepared to evaluate any potential environmental impacts of the Second ..M-nendment pursuant to the California Environmental Qualie' Act. and such Initial Study concluded that the implementation of the Agreement. as amended by the Second .-~nendment. would not result in any significant environmental impacts beyond those previously analyzed in prior environmental documentation which has been considered and approved by the Agency: and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Second Amendment and believes that the disposition of the Additional Parcels to the Developer and the development of townhouses and single family houses thereon pursuant to the Second Amendment is in the best interests of the Agency and the City and the health, safety. and welfare of its residents. and in accord with the public purposes and provisions of applicable State and local law requirements. .NOW THEREFORE, THE CITY COL~'CIL OF THE CITY OF ANAH:EIM DOES RESOLVE AS FOLLOWS: Section I. The City Council finds and determines that. based upon substantial evidence provided in use record before it. the consideration for the Agency's disposition of the Additional Parcels purs'.~ant to the terms and conditions of the Agreement. as amended by the Second Amendment. is not less than the fair reuse value of the Additional Parcels in accordance with covenants and conditions governing the sale, and the development costs required under the Agreement, as amended by the Second Amendment. Section 2. The City Council hereby finds and determines that the disposition of the Additional Parcels pursuant to the Agreement, as amended by the Second Amendment, will eliminate blight within the Project Area by providing for the proper reuse and redevelopment of a portion of the Project Area which was declared blighted for the reasons described above. Section 3. The City Council hereby finds and determines that the Agreement, as amended by the Second .Amendment, is consistent with the Implementation Plan adopted for the Project. Section 4. The City Council hereby finds and determines that the use of the Agency's Low and Moderate Income Housing Funds outside of the boundaries of the Project for the costs associated with the Second Amendment is of benefit to the Project. Section 5. The City Council hereby consents to the approval of the Second Amendment by the Agency. A copy of the Second Amendment when executed by the Agency shall be placed on file in the office of the City Clerk. Section 6. The City Clerk shall certify. to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 9th day of July, 1996. CITY OF ANAHEIM By ATTES~ CITY CLERK OF-~HE'~CTM OF ANAHEIM PUBL:40325_[ 1319122021 0040 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. 96R-121 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of July, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R~'z! on the 9th day of July, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of July, 1996. 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 odginal of Resolution No. 96R-121 was duly passed and adopted by the City Council of the City of Anaheim on July 9th, 1996. CITY CLERK Of THE CITY Of ANAHEIM