ARA1994-21RESOLUTION NO. ARA94-21
A RESOLUTION OF THE ANAHEIM
REDEVELOPMENT AGENCY APPROVING A
FIRST AMENDMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE ANAHEIM REDEVELOPMENT
AGENCY AND KAUFMAN AND BROAD OF
SOUTHERN 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 Sections 33000, et seq.; and
WHEREAS, in order to carry out and implement the
Redevelopment Plan for the Agency's Project Alpha, 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 29, 1993 (the
"Agreement"), which Agreement, among other things, provides for
the conveyance of certain real property (the "Site") to the
Developer and for the Developer to construct single-family houses
and townhouses thereon (the "Project"); and
WHEREAS, the Agency has adopted a Negative Declaration
pursuant to the California Environmental Quality Act, finding
that implementation of the Agreement would not result in any
significant environmental impacts beyond those impacts which had
been previously considered by the Agency; and
WHEREAS, the Developer and the Agency propose to enter
into an amendment to the Agreement (the "First Amendment"), which
First Amendment, among other things, does the following: (1)
provides for preconveyance grading and construction of utilities,
infrastructure and model houses; (2) revises the terms of the
Agency's assistance to low- and moderate-income purchasers of
residential units; (3) provides incentives for early completion
of the grading of the Site; and (4) provides for increased unit
sizes with corresponding increases in the threshold amounts for
calculation of the Additional Purchase Price (as defined in the
Agreement) based upon such increased sizes; and
WHEREAS, an Initial Study was prepared pursuant to the
California Environmental Quality Act to evaluate any potential
environmental impacts of the First Amendment, and that Initial
Study concluded that implementation of the Agreement as amended
by the First Amendment would not result in any significant
environmental impacts; and
WHEREAS, the Agency and the City Council of the City of
Anaheim (the "City") have conducted a duly noticed joint public
hearing on the First Amendment and have evaluated all information
and testimony presented in such hearing; and
WHEREAS, the Agency has duly considered all terms and
conditions of the proposed First Amendment and believes that the
development of the Project pursuant to the Agreement as amended
by the First Amendment will further the best interest of the
Agency and the City and the health, safety and welfare of its
residents and is in accord with the public purposes and
provisions of applicable State and local law requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE ANAHEIM
REDEVELOPMENT AGENCY that the Agency finds and determines that
implementation of the Agreement as amended by the First Amendment
will not cause any significant environmental impact of the
Project beyond the impact that was previously analyzed in the
Negative Declaration previously approved by the Agency, and the
Negative Declaration for the First Amendment is hereby approved.
BE IT FURTHER RESOLVED that the First Amendment is
approved. The Chairman of the Agency is hereby authorized to
execute the First Amendment on behalf of the Agency. A copy of
the First Amendment when executed by the Agency shall be placed
on file in the office of the Secretary of the Agency.
BE IT FURTHER RESOLVED that the Executive Director of
the Agency (or her designee) is hereby authorized, on behalf of
the Agency, to sign all documents necessary and appropriate to
carry out and implement the Agreement as amended by the First
Amendment and to administer the Agency's obligations,
responsibilities and duties to be performed under the Agreement
as so amended, and that the Agency Secretary shall certify to the
adoption of this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the
Anaheim Redevelopment Agency this 15th day of November, 1994.
SECRETARY OF THE AGENCY
9482.1\EEGAN\November 9, 1994
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing
Resolution No. ARA94-21 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held
on the 15th day of November, 1994, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Daly,
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: Hunter
AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution
No. ARA94-21 on the 16th day of November, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th day of November, 1994.
SECRETARY OF THE ANAHEIM REDEVELOPM-'~NT AGENCY
(SEAL)