2011-023 - Development Agreement Between the Community Redevelopment Agency

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Neighborhood in Orange County Superior Court Case No. 30-2010-00388033-CU-WM- CXC (the "Litigation"). F. The Parties have mutually agreed that settlement is the most efficient and practical way to resolve the Litigation and have proposed a settlement agreement to resolve and settle all claims related to the Litigation ("Settlement Agreement"). G. The parties now deem it in their best interests to amend and restate the Scope of Development as set forth in the proposed First Amendment to Disposition and Development Agreement in the form submitted herewith ("First Amendment'). H. All actions required by all applicable law with respect to the proposed First Amendment have been taken in an appropriate and timely manner 1. The DDA as amended by the First Amendment would assist in the alleviation or removal of blighting conditions and provide housing for low- or moderate- income persons. J. The Agency has adopted an Implementation Plan pursuant to CRL Section 33490, which sets forth the objective of providing housing to satisfy the needs and desires of various constituent elements of the community. K. The DDA as amended by the First Amendment furthers the goals of the Agency set forth in the Implementation Plan as it will facilitate the creation of affordable housing which will serve the residents of the neighborhood and the City. L. The DDA as amended by the First Amendment would assist in the alleviation or removal of blighting conditions and provide housing for low- or moderate- income persons and would further the goals of the Implementation Plan by providing for the development of such housing. M. The City Council has duly considered all terms and conditions of the proposed First Amendment and believes that the DDA as amended by the First Amendment is in the best interests of the Agency and 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. Section 2. The foregoing recitals are true and correct and are hereby incorporated by this reference. Section 3. The City Council hereby finds and determines that there have been no substantial changes proposed in the Station District Project as a result of the new Scope of Development or the circumstances under which the Station District Project is undertaken, and there is no new information with respect to the Project, which would require any major revisions in the Final EIR pursuant to California Environmental Quality Act ("CEQA"). Resolution No. 2011-023 Page 2 of 4