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ORDINANCE NO. 6222 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE <br /> CITY OF ANAHEIM (i) APPROVING AMENDMENT <br /> NO. 3 TO THE SECOND AMENDED AND RESTATED <br /> DEVELOPMENT AGREEMENT NO. 99 -01 BY AND <br /> BETWEEN THE CITY OF ANAHEIM AND KATELLA <br /> ANAHEIM RETAIL, LLC (ii) MAKING CERTAIN <br /> FINDINGS RELATED THERETO, AND (iii) <br /> AUTHORIZING THE MAYOR TO EXECUTE SAID <br /> AMENDMENT FOR AND ON BEHALF OF THE CITY. <br /> (DEV2010- 00166) <br /> WHEREAS, the City and Anaheim GW, LLC, a Delaware limited liability company, <br /> (the "Original Developer ") entered into that certain Second Amended and Restated Development <br /> Agreement No. 99 -01 dated as of April 11, 2006 and recorded in the Official Records of Orange <br /> County California on June 2, 2006 as Instrument No. 2006000373943 (the "Development <br /> Agreement "). A copy of the Development Agreement is on file in the Office of the City Clerk of the <br /> City of Anaheim; and <br /> WHEREAS, the Original Developer assigned the Development Agreement with <br /> respect to the Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to <br /> Anaheim GW II, LLC, a Delaware limited liability company ( "Anaheim GW II ") pursuant to that <br /> certain Partial Assignment of Second Amended and Restated Development Agreement No. 99 -01 <br /> dated as of January 31, 2007 and recorded in the Official Records of Orange County California on <br /> February 7, 2007 as Instrument No. 2007000092571; and <br /> WHEREAS, the Original Developer assigned, and GardenWalk Hotel I, LLC, a <br /> California limited liability company ( "GardenWalk Hotel ") assumed, the Development Agreement <br /> with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of <br /> Second Amended and Restated Development Agreement No. 99 -01 dated as of July 19, 2007 and <br /> recorded in the Official Records of Orange County California on July 19, 2007 as Instrument No. <br /> 2007000453402; and <br /> In 2008, Anaheim GW II completed construction of Retail No. 1 and Parking <br /> Structure No. 1. Shortly thereafter, these components of Anaheim GardenWalk opened to the public; <br /> and <br /> Anaheim GW II assigned the Development Agreement with respect to the Timeshare <br /> Parcel and the Vacation Ownership Resort to Westgate Resorts Anaheim LLC, a Florida limited <br /> 1) This Partial Assignment defines "Timeshare Parcel" as a portion of the Property described in the Purchase <br /> Agreement between the Assignor and Assignee. "Vacation Ownership Resort" is defined in Section 1.74 of the <br /> Development Agreement, and this definition is different from the "Vacation Ownership Resort No. 1" defined in <br /> Section 1.75 of the Development Agreement. <br />