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ARA2002-03RESOLUTION NO. ARA-At~2002-3 RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH PAINT YOUR HEAR'[ OUT ANAHEIM, INC., A CALIFORNIA CORPORATION, REGARDING CERTAIN PROPERTY AT 511 EAST BROADWAY AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS ~N CONNECTION THEREWITH WHEREAS, the Anaheim Redevelopment Agency (,the "Agency':/ is engaged in implementation of the "Redevelopment Plan" for the Alpha Redevelopment Projec[ (the "Redevelopment Project"); WHEREAS, in order to implement the Redevelopment P!an, the Agency proposes tc enter into a certain Disposition and Development Agreement dated as of June 18 2002 (the "DDA"), with PAINT YOUR HEART OUT ANAHEIM, INC., a California corporation (the "Developer") pursuant to which (a) Agency would sell to Developer that certain real property and irr,~provements consisting of a single family dwelling (the "Residential Structure"), such real prcperty and improvements commonly known as 511 East Brcadway (the "Prope,,ly"); (b) the Residential Structure would be substantially rehabilitated in accordance with the Scope of Wolk, BJdget, and Schedule attached to the DDA; and (d) upon completion, the ~'Re. siden;:i¢i Structure and the legal parcel on which it is Iocat. ed wou',d be sold for owner-occupancy to a :ow- o~ moderate-income person or fam, ily at an affordable housing cost a~d wou!d be required to remain continuously occupied by Iow or moderate income owner's at ail affo;'dsble hcu$;n§ cost for the period of the covenants set forth therein (the "Pm~ject"); and WHEREAS, :,n its current condition, the Prope~)' is a blighting infiuence on tt!e Redevelopment Project area; WHEREAS, the Project will remove the blighting influence described above and wi!! provide housing for iow- or moderate-income person~; WHEREAS, in connection with the DDA, ,~.gency has prepared, reviewed and considered a summary report setting forth: (a) the cost o; the DD.A to the Agency; · '~"~ ~' " the ' lb) the estimated value of the interests to ae sold to D .... lope,, determined at h~g,hest and best uses permitted under the Redevelopment P!ar;; and the est;m..'.;ted value cf (he interests r.o be so!.d, determined at tbs uses ar:d with the concitions, core, nan,s and development .... "~ '-., ' co:,,.:, r,%F~,.:'ed ~.~ tho sa~e: and (d~ the purci}.'ase [.,,rice for the Property ,t.r;d Residential Structure; WI-tEREAS, the DDA contains a!! of d~.e terr'as, covenants, conditions, restrictions, obligations ar, d p,-,:)visions required by stale aml !Dca! law; WHEREAS. pursuant (o the California Env:ronmenta! Quality Act (Public Resources Code Sections 2100,0 et seq.) (."CEQA"), arm the CEQA implementing Guidelines (14 California .' .,,~- -r:,,,a¢,l n¢,="~ the Prcjec~ consists of the Code of Regular:ohS.. Secbons ~5000 et s~'~.....~.',, ti, ~e ............. ,, repair', maintenar~c~, and mino~- a!teration of t}n ;exisfin~:~ structure or facility, invoMng negligi!:~e or no expansion of use beyond that existing at the present time, and additions to the Residential Structure will not amount to more than 50 percent of the floor area of the Residential Structure prior to the rehabilitation thereof; WHEREAS, the Project is not located in a sensitive environmental area, will not result in significant cumulative environmental impacts, and will not have a significant impact on the environment due to unusual circumstances of the Project; WHEREAS, Agency has duly considered alt of the terms and condition of the DDA and believes that the Project is in the best interests of the City of Anaheim and thc health, safety, morals and welfare of its residents, and is ~n accord with the public purposes and provisions of applicable state and local law and requirements; WHEREAS, pursuant to the California Community Redevelopment Law, the Agency and the City Council of the City of Anaheim have held a duly noticed joint public hearing on the proposed DDA, at which public hearing all persons wece given an opporl, t~nity to be heard. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevetoprnent Agency as 1. The Agency hereby certifies that it has reviewed the Project and finds that, pursuant to CEQA Guidelines Section 15301 (!4 California Code of Regulations Section 15301 ), the Project is exempt from CEQA. 2. The Agency hereby finds and determines that, based on substantial evidence in the record before it, the consideration for the Agency's disposition of the Prope~¥' pursuant to the DDA is not less than either the fair market cr fair reuse value in accordsnce w;th co~lditions, covenants and development costs required by the DDA. 3. The Agency hereby finds and determines that, based or~ subst3ntiai evidence ~r~. the record before it, the sale of the Proper!y will assist in the eliminatior~ of b!ight in the Redevelopment Project area, will contribute to the provision of housing for Iow- and moderate- income persons, and is consistent with the implementation plan adopted by the Agency for the Redevelopment Plan pursuant to Section 33490 of the California Community Redevelopment Law. 4. The DDA, a copy of which is on file with the Secretary of the Agency, is hereby approved with such minor changes, additions or deletions as may be approved by the Agency's Executive Director and General or Special Counsel, and the Executive Director is; hereby authorized and directed to execute said DDA on behalf of the Agency. [Remainder of ti~is page i,ntentionaily !eft blank.] 1. The Executive Director is hereby also authorized to take such actions and execute such documents and instruments as she deems necessary or desirable for implementation of the DDA. PASSED AND ADOPTED this 18th day of June ATTEST: APPROVED AS TO FORM: ..lACK L. WHITE, GeneralCqunsel STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA2002-3 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 18th day of June 2002, by the following vote of the members thereof: AYES: CHAIRMAN/AGENCY: Feldhaus, Kring, Tait, McCracken, Daly NOES: CHAIRMAN/AGENCY: None ABSENT: CHAIRMAN/AGENCY: None ABSTAINED: CHAIRMAN/AGENCY: None ,~~ OI~ :I'HE ANAHEIM REDEVELOPMENT AGENCY (SEAL)