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ARA1990-34RESOLUTION NO. ARA90- 34 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING A FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY, LINCOLN PROPERTY DEVELOPMENT COMPANY N.C., INC., AND LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP. WHEREAS, the Anaheim Redevelopment Agency (the "Agency") and Lincoln Property Development Company N.C., Inc. (the "Developer") entered into a certain Disposition and Development Agreement, dated as of January 9, 1990 (the "DDA") for the disposition and development of certain private and public improvements within the Project Alpha Redevelopment Project Area (the "Project Area"); and WHEREAS, the Developer and the Agency are proceeding to perform their respective obligations pursuant to the DDA; and WHEREAS, the Developer and the Agency desire to approve an amendment to the DDA (in the form attached hereto as Attachment "A" incorporated herein, which constitutes the "Amendment") to revise the sales price and other economic terms of the DDA and to approve the assignment of a portion of the Developer's obligations under the DDA to Lincoln Anaheim Village Limited Partnership, all as more particularly set forth therein; and WHEREAS, the approval and execution of the Amendment will facilitate the orderly completion of improvements by the 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 Amendment and the proposed acquisition and disposition of real property in accordance with California Health and Safety Code Sections 33431 and 33433; and WHEREAS, the staff report pertaining to the 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 Amendment; and WHEREAS, the Agency and the City Council have approved by resolution a finding that the 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 Amendment, that the consideration for the real property to be transferred to the 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 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 Amendment will promote the objectives of the Redevelopment Plan and promote the health, safety and welfare of the citizens of %he City of Anaheim; and (b) the Amendment is consistent with the. orderly development of the improvements to be provided by the Developer pursuant to the DDA. 3. The Anaheim Redevelopment Agency approves the Amendment in the form of Attachment "A" and authorizes and directs the Chairman to execute that 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. THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Redevelopment Agency this ~ day of December 1990. ATTEST: SECRETARY ANAHEIM REDEVELOPMENT AGENCY 2758u/2621/012 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. ARA90-34 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the llth day of December, 1990, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the llth day of December, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and seal this llth day of December, 1990. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)