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5556it ORDINANCE NO. 5556 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM REPEALING ORDINANCE NO. 5201 AND APPROVING THE CANCELLATION OF DEVELOPMENT AGREEMENT NO. 90-02 WHEREAS, the City Council did, on February 5, 1991, adopt Ordinance No. 5201, which ordinance did approve Development Agreement No. 90-02 with Rockefeller and Associates Realty, L.P.; and, WHEREAS, said development agreement contemplated the development of property for office, hotel, restaurant and retail purposes; and, WHEREAS, the property owner no longer desires to construct this development; and, WHEREAS, Rockefeller and Associates Realty, L.P.'s interest in the subject property and the associated development rights was foreclosed upon by Anaheim Leisure, Inc., and the new owner has requested cancellation of Development Agreement No. 90- 02; and, WHEREAS, the associated entitlements granted under Conditional Use Permit No. 3356 were terminated by the Planning Commission on March 4, 1996. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Ordinance No. 5201 be, and the same is hereby, repealed. SECTION 2. That the cancellation of Development Agreement No. 90-02 with Rockefeller and Associates Realty, L.P. be, and it is hereby, approved. SECTION 3. The City Clerk is authorized to execute and cause to be recorded in the Office of the County Recorder a "Notice of Cancellation" or such other document as the applicant may present to remove the recorded Development Agreement from the property. THE FOREGOING ORDINANCE is approved and adopted by the City Council of Anaheim this 12th day of March, 1996. MAYOR OF THE CITY ANAHEIM CITY CLERK OF -THE CITY OF ANAHEIM ap3002gm.wp ,, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5556 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of March, 1996, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of March, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5556 on the 12th day of March, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of March, 1996. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA. N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5556 and was published once in the North County News on the 21st day of March, 1996 CITY CLERK OF THE CITY OF ANAHEIM RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Z 0 City Clerk z � City of Anaheim X P.O. Box 3222 oAnaheim, Calif 92803 t7 .� E gc� NOTICE OF CANCELLATION - DEVELOPMENT AGREEMENT NO.90-02 W a� T w a m This is to certify that at their meeting held March 5, 1996, the Anaheim City Council adopted Ordinance No. 5556, which cancels Development Agreement No. 90-02 between the City of Anaheim and RAR Anaheim Partners L.P. (Central Park Towers). The current owner Anaheim Leisure, Inc. 75 Wall Street, 12th Floor, New York, New York, 10265 has provided proof of ownership and request to terminate Development Agreement No. 90-02. This agreement was originally entered with RAR Anaheim Partners L.P. and is in default due to the failure of RAR Anaheim Partners L.P. to remit the Commencement Option Consideration pursuant to 2.3 of the Development Agreement. Development Agreement 90-02 was recorded in the Official Records of Orange County, California, at 11:30 a.m. on February 1, 1991, as Document No. 91-068726, and listed as a Development Agreement between the City of Anaheim and RAR Anaheim Partners L.P. A certified copy of Ordinance No. 5556 is attached as Exhibit "A" Date: 7 _- �( Signed: Attest: — q�� pm� a -- Tom Daly 0Leonora N. Sohl Mayor City Clerk City of Anaheim City of Anaheim Ann M. Sauvageau, Assistant City Clerk Subscribing Witness