ARA1991-09RESOLUTION NO. ARA91-9
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY APPROVING A SECOND AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
ANONG THE ANAHEIM REDEVELOPMENT AGENCY,
LINCOLN PROPERTY DEVELOPMENT COMPANY N.C.,
INC., LINCOLN ANAHEIM VILLAGE LIMITED
PARTNERSHIP, AND KAUFMAN AND BROAD OF
SOUTHERN CALIFORNIA, INC.
WHEREAS, the Anaheim Redevelopment Agency (the
"Agency') and Lincoln Property Development Company N.C., Inc.
(the 'Initial Developer") entered into a certain Disposition
and Development Agreement, dated as of September 22, 1989 (the
"DDA") for the disposition of certain real property to the
Initial Developer and development of specified attached and
detached for sale dwellings (the "For Sale Residential Units"),
multiple family rental dwellings (the "Rental Units") and
commercial/retail improvements (the "Retail Improvements"); and
WHEREAS, the Agency entered into a First Amendment to
Disposition and Development Agreement ("First Amendment")
pursuant to which, among other things, the Agency approved the
assignment to Lincoln Anaheim Village Limited Partnership (the
"Apartment Developer") of the rights and obligations of the
Initial Developer with respect to the Rental Units and the
Retail Improvements; and
WHEREAS, the Initial Developer, the Apartment
Developer and the Agency are proceeding to perform their
respective obligations pursuant to the DDA and the First
Amendment; and
WHEREAS, the Developer and the Agency desire to
approve a Second Amendment to the Disposition and Development
Agreement (in the form attached hereto as Attachment "A"
incorporated herein, which constitutes the "Second Amendment")
to revise the sales price and other economic terms of the DDA
and to approve the assignment of the portion of the Initial
Developer's obligations under the DDA relating to the For Sale
Residential Units to Kaufman and Broad of Southern California,
Inc. (the 'For Sale Developer"), all as more particularly set
forth therein; and
WHEREAS, the approval and execution of the Second
Amendment will facilitate the orderly completion of
improvements by the For Sale Developer as contemplated in the
DDA and in furtherance of the Redevelopment Plan for the
Project Alpha Redevelopment Project (the 'Redevelopment Plan");
and
WHEREAS, the Agency and the City Council of the City
of Anaheim (the "City Council") have conducted a duly noticed
joint public hearing regarding the Second Amendment and the
proposed acquisition and disposition of real property in
accordance with California Health and Safety Code Sections
33431 and 33423; and
WHEREAS, the staff report pertaining to the Second
Amendment, which has been on display prior to the joint public
hearing in accordance with Section 33433 of the California
Health and Safety Code, contains a detailed description of the
provisions of the Second Amendment; and
WHEREAS, the Agency and the City Council have approved
by resolution a finding that the Second Amendment will not
create any new significant environmental impacts not considered
in previous environmental documents for the Project Alpha
Redevelopment Project.
NOW, THEREFORE, the Anaheim Redevelopment Agency does
resolve as follows:
1. The Agency finds and determines, based upon the
testimony and information presented during the public hearing
with respect to the Second Amendment, that the consideration
for the real property to be transferred to the For Sale
Developer by deed is fair and in amounts adequate and necessary
to effectuate the purposes of the Redevelopment Plan. The
sales price for the interest to be conveyed by the Agency to
the For Sale Developer has been determined at the highest uses
permitted under the Redevelopment Plan.
2. The Agency finds and determines that: (a) the
approval of the Second Amendment will promote the objectives of
the Redevelopment Plan and promote the health, safety and
welfare of the citizens of the City of Anaheim; and (b) the
Second Amendment is consistent with the orderly development of
the improvements to be provided by the For Sale Developer
pursuant to the DDA.
3. The Agency approves the Second Amendment in the
form of Attachment "A" and authorizes and directs the Chairman
to execute that Second Amendment and authorizes and directs the
Executive Director of the Agency or her designee to execute
such other documents necessary or appropriate to effectuate the
DDA as now amended.
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THE FOREGOING RESOLUTION is approved and adopted by
the Anaheim Redevelopment Agency this 7th day of May
1991.
ATTEST:
SECRETARY
04/29/91
5055u/2621-12 -3-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment
Agency, do hereby certify that the foregoing Resolution
No. ARAgl-9 was passed and adopted at a regular meeting provided
by law of the Anaheim Redevelopment Agency held on the ?th day
of May , 1991, by the following vote of the members thereof:
AYES:
AGENCY MEMBERS: Simpson, Dal¥, Pickler, Ehrle and Hunter
NOES:
AGENCY MEMBERS: None
ABSENT:
AGENCYMEMBERS: None
AND I FURTHER certify that the Chairman of the Anaheim
Redevelopment Agency signed said Resolution on the 8th day
of May , 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 8th day of May , 1991.
SECRETARY
(Seal)
04/29/91
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