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ARA1996-02RESOLUTION NO. ARA96-2 A RESOLUTION OF THE ANAHEIM REDEVELOPMENrT AGENCY APPROVING THE SECON'D A-MEN'DMENT TO DISPOSITION ANTI DEVELOPMENT AGREEMENT BY AND BETWEEN THE AaNAHEIM REDEVELOPI~IEN~ AGENCY AN'D KAUFMAN ~N'D BROAD OF SOUTHERN CALIFORNIA, INC. WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is a community redevelopment agency organized and existing under ~e Community Redevelopment Law, Health and Safety, Code Section 33000, et seq.; and WHEREAS, 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 sinale family houses and townhouses thereon' and WHEREAS, pursuant to t~he terms of Section 15 of the Third Amendment to Disposition and Development Agreement between the Agency'. the Developer and Lincoln Anaheim Village Limited Partnership, a California limited partnership, dated as of April 3 l. 1992. the Agency and the Developer have entered into a 'Negotiating Period" for the development of the "Cypress Street Infill Project," as defined t~herein' 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 p~cels of real property located at (1) 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 (lahe "Cypress Infill Parcel No. 1"), (4) 300. 304, 304 I/2, 308, 308 1/2, 312, 312 1/2, 314 and 314 1/2 N. Olive Street; 411. 415,419 and 421 E. Cypress Street: and 309, 311, 315, and 317 N. Sabina Street (the "Cypress Infill Parcel No. 2), and (5) 121 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, " · a Memorandum of Understanding" between the Agency and Antonio G. Solorio is attached to the proposed Second Amendment. which Memorandum of Understanding would provide for the Agency's acquisition of real property in the Cypress Infill Parcel No. 1 owned by Antonio G. Solorio in exchange for the conveyance of other real property in the Cypress Infill Parcel No. 1 on which a new' single t~milv house would be constructed' and ?UBL.40320 l 31q,__d.l.004d WHEREAS, the proposed Second Amendment, and a summary report meeting the requirements of Health and Safety Code Section 33433, were available 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 Aa-nendment and have evaluated all information and testimony presented in such hearing; and WHEREAS, those Additional Parcels which are located in the Project are located within an area which was found by the Anaheim City Council, in its adoption of the Redevelopment Plan for the Project in 197~. 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 preventino 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 new affordable housin~ within the City. both within and outside of the redevelopment project areas, including th~' 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, the Agency has reviewed and considered the site plans and elevations which have been submitted by the Developer for the development to be undertaken on the Additional Parcels pursuant to the Agreement. as proposed to be amended by the Second .ad-nendment: and WHEREAS, an Initial Study was prepared to evaluate any potential environmental impacts of the Second Amendment pursuant to the California Environmental Qualit,,. Act. and such Initial Smd,.. concluded that the implementation of the Agreement, as amended by the Second Amendment, 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 ?L'~L: 40320_ 1 ~ 319122021.0046 ? WI-[EREAS, the Agency 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 an~ 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 AN'AHEIM REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS: Section 1. The Agency finds and determines that the Second Amendment will not cause any significant environmental impact beyond the impact that was previously analyzed by the Agency, and the Negative Declaration for the Second Amendment is hereby approved. Section 2. The Agency finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's disposition of the Additional Parcels pursuant 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 3. The Agency 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 Aa-ca which was declared blighted for the reasons described above. Section 4. The Agency hereby finds and determines that the Agreement. as amended by the Second Amendment, is consistent ~vith the Implementation Plan adopted for the Project. Section 5. The Agency hereby finds and determines that the use of the Agency's Low and IVloderate 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 6. The Second Amendment is approved in substantially the form presented to the Agency. The Chairman of the Agency is hereby authorized to execute the Second Amendment on behalf of the Agency. A copy of the Second Amendment when executed bv the Agency shall be placed on file in the office of the Secretary of the Agency. Section 7. The IVlemorandum of Understanding is approved. The Chairman of the Agency is hereby authorized to execute the Memorandum of Understanding on behalf of the Agency. A copy of the Memorandum of Understanding when executed by the Agency shall be placed on file in the office of the Secretary of the Agency. Section 8. The Executive Director of the Agency (or her designee) is hereby authoriz-~--d-~. ~nn b~half of the Agency, to si~n all documents and take all other actions necessary or appropriate to carry out and implement the Agreement, as amended by the Second Amendment, and the Memorandum of Understanding. and to administer the Agency's obligations, PL'BL:40320_ 1 ! 3 10122621.0046 responsibilities and duties to be performed under the Agreement, as amended by the Second Amendment, and the Memorandum of Understanding. Section 9. The site plans and elevations which have been submitted by the Developer for the development to be undertaken on the Additional Parcels are hereby approved pursuant to the Agreement, as amended by the Second Amendment. Section 10. The Agency Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 9th day of July, 1996. SECRETARY ANAHEIM REDEVELOPMENT AGENCY ANAIIE~ REDEVELOPMENT AGENCY By Ch/airman ~/' PUBI:403=0 ', 3 1°''~'~ _ - ~ -,.~,,. 1.0040 STATE Of CALIFORNIA ) COUNTYOF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA96-2 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 9th day of July, 1996, by the following vote of the members thereof: AYES: CHAIRMAN/AGENCY: Tait, Zemel, Feldhaus, Lopez, Daly NOES: CHAIRMAN/AGENCY: None ABSENT: CHAIRMAN/AGENCY: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA96-~ ;~on the 9th day of July, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th day of July, 1996. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)