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ARA1997-05RESOLUTION NO. ARA97-5 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCYAND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. WHERF2%S, the Anaheim Redevelopment Agency (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 (the "Original DDA"), as amended by (i) that certain First Amendment to Disposition and Development Agreement dated November 15, 1994 (the "First Amendment") and (ii) that certain Second Amendment to Disposition and Development Agreement dated July 9, 1996 (the "Second Amendment"). Pursuant to the DDA, as amended by the First Amendment, the Agency has conveyed certain real property (the "Original Site") to the Developer, and the Developer has completed the construction of single family houses and townhouses thereon; and WHEREAS, pursuant to the terms of Section 15 of the Disposition and Development Agreement between the Agency, the Developer and Lincoln Anaheim Village Limited Partnership, a California limited partnership, dated as of April 31, 1992, the Agency and Developer entered into a "Negotiating Period" for the development of the "Cypress Street Infill Project" (as such capitalized terms are defined therein). The Second Amendment (together with the Original DDA and the First Amendment, the "DDA As Amended") provides for the development of the Cypress Street Infill Project; and W~HEREAS, the purpose of this Third Amendment is to amend and restate certain provisions in the Amended DDA relative to the development of the Cypress Street Infill Project (as amended, the "Revised Cypress Street Infill Project") and thereby provide that the Developer construct 61 units, including affordable and market rate townhomes and detached single-family homes, on six (6) non-contiguous parcels of real property aggregating approximately four and ninety eight hundredths (4.98) acres (collectively, the "Additional Parcels"); and WHEREAS, a portion of the Additional Parcels (the "Cypress Infill Parcel") is located adjacent to but outside of the Agency's Alpha Redevelopment Project Area. The Agency has found and determined that the use of the Agency's Low and Moderate Income Housing Funds outside of the boundaries of the Project for the costs associated with the Cypress Infill Parcel pursuant to the Third Amendment is of benefit to the Project; and