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97-015RESOLUTION NO. 97R- 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING A NEGOTIATING AGREEMENT WITH FOREST CITY DEVELOPMENT CALIFORNIA, INC. RELATING TO THE SPORTSTOWN PROJECT AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. WHEREAS, the City of Anaheim (the "City holds legal title to approximately forty (40) acres of real property more particularly depicted in the Request for Qualifications (described below) (the "Sportstown Site and WHEREAS, Environmental Impact Report No. 320 has been certified, and Area Development Plan No. 120 has been approved by the City Council of the City for the Sportstown Site, each describing uses which include a stadium for professional football, office buildings, hotel and exhibition facilities and retail dining and entertainment facilities; and WHEREAS, in order to promote the development of the Sportstown Site for some or all of such uses, the City, in cooperation with the Anaheim Redevelopment Agency (the "Agency solicited qualifications from certain developers pursuant to a Request for Qualifications (the "RFQ with a deadline date of October 11, 1996, setting forth the City's vision for the Sportstown Site, and the goal of completing a first -class destination project (the "Project and WHEREAS, Forest City Development California, Inc., a California corporation (the "Developer responded to the RFQ and, on the basis of the information it submitted, was identified by the City for further negotiation for the Project; and WHEREAS, the City and the Developer desire to provide a limited period of time within which each may conduct further investigation of the opportunity for development of the Sportstown Site, identify financing sources and potential tenants, and discuss the terms on which development of the Sportstown Site shall occur; and WHEREAS, there has been presented to the City Council a proposed form of Negotiating Agreement for such purposes; and WHEREAS, it is in the best interest of the City for the City and the Developer to continue the preliminary investigations and tasks identified in the Negotiating Agreement prior to pursuing negotiations as to the nature and scope of the Project and the terms and conditions of development. NOW, THEREFORE, the City Council of the City of Anaheim does hereby resolve as follows: Section 1. The form, terms and provisions of the Negotiating Agreement in substantially the form presented at this meeting are hereby approved, and the Mayor and City Clerk (or their designees) are hereby authorized and directed, on behalf of the City, to enter into and execute the Negotiating Agreement, with such nonsubstantial changes and insertions therein as may be necessary to cause the same to carry out the intent of this Resolution and are approved as to form by the City Attorney of the City, such approval to be conclusively evidenced by the execution thereof. Section 2. In the event that the City Manager of the City (or his designee) in the future determines that additional time is required to complete the tasks and further agreements described in the Negotiating Agreement, the City Manager (or his designee) is authorized to execute, on behalf of the City, any amendment or agreement which is approved as to form by the City Attorney, such approval to be conclusively evidenced by the execution thereof, as may be necessary to extend the term of the Negotiating Agreement, or extend the time within which any act or milestone required under the Negotiating Agreement shall be performed, to a date acceptable to the City Manager (or his designee) and the Developer. Section 3. All actions taken by the City Manager (or his designee) with respect to the transaction described in the Negotiating Agreement are hereby approved, confirmed and ratified, and the City Manager (or his designee) is hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates or other documents which he or they, or the City Attorney, deem necessary or advisable to effectuate the purpose of the Negotiating Agreement and this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11 day of February, 1997. CITY CLERK OF THE CITY OF ANAHEIM 0021876.01 MAYIR OF THE CITY OF AN 7 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 Resolution No. 97R -15 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of February, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: None ABSTAINED: MAYOR /COUNCIL MEMBERS: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -15 on the 11th day of February, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of February, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -15 was duly passed and adopted by the City Council of the City of Anaheim on February 11th, 1997. CITY CLERK OF THE CITY OF ANAHEIM PARCEL 1 THAT PORTION OF SANTA ANA CANYON ROAD, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING BETWEEN THE NORTHERLY LINE OF TRACT NO. 936, AS SHOWN ON A MAP FILED IN BOOK 30, PAGES 1 AND 2 OF MISCELLANEOUS MAPS AND THE SOUTHERLY LINE OF TRACT NO. 5229, AS SHOWN ON A MAP FILED IN BOOK 192, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF LOT 16 OF TRACT MAP 5229, BOOK 192, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY; THENCE SOUTH 22° 00' 00" EAST ALONG THE WESTERLY RIGHT -OF -WAY OF MAUDE LANE, 64.00 FEET WIDE, A DISTANCE OF 46.65 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A TANGET CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 142.48 FEET, A RADIAL LINE OF SAID CURVE AT SAID POINT BEARS NORTH 68° 00' 00" EAST; THENCE ALONG SAID CURVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 19° 01' 00" A DISTANCE OF 47.29 FEET; THENCE SOUTH 41° 07' 44" WEST A DISTANCE OF 35.06 FEET; THENCE SOUTH 84° 43' 27" WEST A DISTANCE OF 100.00 FEET; THENCE SOUTH 87° 01' 00" WEST A DISTANCE OF 130.00 FEET; THENCE NORTH 2° 59' 00" WEST A DISTANCE OF 3.69 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 620.00 FEET, A RADIAL LINE OF SAID CURVE AT SAID POINT BEARS NORTH 7° 17' 23" WEST; THENCE ALONG SAID CURVE EASTERLY THROUGH A CENTRAL ANGLE OF 23° 54' 22" A DISTANCE OF 258.69 FEET TO THE TRUE POINT OF BEGINNING. Exception No. 1 Excepting from Parcel 1 abutter's rights of access to the abutting public streets (Santa Ana Canyon Road and Maude Lane) except those abutters rights of access to Santa Ana Canyon Road, twelve feet in width, the centerline of said twelve feet being located approximately 150 feet west of the center line of Maude Lane. Exception No. 2 Excepting from Parcel 1 an easement for public utility purposes (5' in width) extending westerly from Maude Lane along the Northerly boundary of Parcel 1 to its most westerly point.