01 - JOINT - DDA Crevier BMW and Mini at SA Auto Mall

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WHEREAS, on June 22, 2011, the Agency considered the Amendment in at a public meeting in accordance with applicable law, at which time the Agency reviewed and evaluated all of the information, testimony, and evidence presented; and WHEREAS, the City Council has previously determined, in its adoption of the ordinance approving the Redevelopment Plan, that the Property, which is the subject of the DDA, as amended, is blighted; and WHEREAS, the DDA, as amended will assist in the elimination of blight by providing for the development and operation of a car dealership on the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. Each of the foregoing recitals is true and correct. Section 2. The City Council hereby consents to the assignment of the Original DDA by Original Developer (and its affiliate Santa Ana Properties, LLC, a California limited liability company) to PAG Santa Ana B1, Inc., a Delaware corporation. Section 3. The City Council hereby finds and determines that the DDA, as amended is consistent with the provisions and goals of the Implementation Plan and hereby approves the Amendment. Section 4. In accordance with CEQA, the proposed Amendment is exempt from further review pursuant to Section 15061(b)(3) of CEQA, which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. As this Amendment consists of the assignment of an existing agreement to a new party and a reduction in scope of development, no effects on the environment will occur. Therefore, Categorical Exemption Environmental Review No. 2011-51 will be filed for this project. Section 5. The City Council acknowledges that the governing board of the Agency may authorize the Executive Director of the Agency (or his/her duly authorized representative) on behalf of the Agency, to implement the DDA, as amended, and make revisions to the DDA, as amended which do not materially or substantially increase the Agency's obligations thereunder or materially or substantially change the uses or development permitted on the Site, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the DDA, as amended and the administer the Agency's obligations, responsibilities and duties to be performed under the DDA, as amended and related documents. [Signature page follows] 3 DOCSOC/1495410v3/200272-0006 ~ _~