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84R-338 .".... ~, ,~ R~OLUTION NO. 84R-338 ! A RESOLUTIO~' OF THE CITY COUNCIL OF THE CITY OF ANAHEIM NDITIONALLY CONSENTING TO THE ASSIGNMENTF THE LEASE AGREEMENT RELATING TO THE HILTON . ~ THE PARK. WHEREAS, t City of Anaheim (the "City") entered into a Lease Agreement ("th Lease") dated August 17, 1976, with Wrather Inns, Inc. ("Wrathe 't), recorded on September 1, 1976, in Book 11873, page 999 of t e Official Records of Orange County, California, regardi certain real property in the City of Anaheim, commonly k wn as the Hilton at the Park; and WHEREAS, 0 July 6, 1982, Wrather assigned the Lease to C-D III, a Californi general partnership ("C-D 111"), with the consent of the City; and WHEREAS, C Cal, Inc., a Texas cause C-D Ill's rig the Hilton at the P limited to an assig 3, Ltd., a Texas Ii Sun Cal, Inc. will California general partner) will be th D III has entered into an agreement with Sun rporation, the implementation of which will ts, title and (the "Partnership") interests in rk to be transferred (including but not ment of the Lease) to Sun Cal Investments No. ited partnership (the "Partnership") in which e the sole general partner and the CD Group (a artnership in which C-D III is a general sole limited partner. ..r-.. NOW, THERE fulfillment of the conditions set fort assignment by C-D I right, title and in I BE IT FURT$ER RESOLVED that the consent shall not be effective unless an1 until the following condition precedent has been fulfilled: ! ! C-D III acknowl~dges and agrees by its execution of the form of eonsent in t~e place provided that neither the Assignment nor the consentjshall have the effect of releasing C-D III from any obliga~ion of C-D III pursuant to the Lease. . BE IT FURT*ER RESOLVED that .the Consent shall terminate at 5:00 p.m. PDT onTSeptember 7, 1984, unless the condition precedent has been fulfilled prior thereto; and ! BE IT FURTtER RESOLVED that the Mayor and City Clerk be authorized and dire ted to execute and deliver each and every document necessary 0 effect the purposes of these resolutions. I ORE, BE IT RESOLVED that subject to the prior ondition precedent and the other terms and below, the City does hereby consent to the I to the Partnership of all of C-D Ill's erest in and to the Lease. r' - THE City Council FOREGOI~G RESOLUTION is approved and adopted by the of the gity of Anaheim this 28th day of August, 1984. i ~~ --;3-- MAYOR OF THE C~OF ANAHEIM ,.-,. ! ~ ~~ C ,',' ~~ THE CI, OF ANAHEIM JLW:fm . 2976M 8/28/84 .f~ -2- r ~. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OJ ANAHEIM ) I, LEOIORA N. SOHL, City C1e .~ of the City of Anaheim, do hereby certify that the foregoina.Reso1ution No. .84R-338 was introduced and adopted at a regular meetina provided by law, of he City Council of the City of Anaheim held on the 28th day of August, 1984 by the following vote of the members thereof: " 1 AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None J,',\. ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that t e Mayor of the City of Anaheim signed said Resolution No. 84R-338 on th 28th day of August, 1984. IN WIl'IfESS WH;EREQF, I have h reunto set my hand and affixed the seal of the City ofAnah~lm this 28th da of August, 1984. ~!!!#\ '/( S~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEOKORA N. SOHL, City C1 k of the City of Anaheim, do hereby certify that the foregoing is the origin of Resolution No. 84R-338 duly passed and adopted by the Anaheim City ounci1 on August 28, 1984. ~~~c3~~ ) ,