99-161RESOLUTION NO. 99R- 161
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A
CERTAIN "AMENDMENT TO USE RESTRICTIONS," A LETTER
AGREEMENT AND RELATED DOCUMENTS AND AUTHORIZING AND
DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO.
WHEREAS, by Grant Deed ("Grant Deed") recorded December
30, 1997 in the Official Records of Orange County, California as
Instrument No. 19970672347, the City of Anaheim conveyed certain
real property (the "Property") located within the area commonly
known as "Sportstown" to Ogden Entertainment, Inc., a Delaware
corporation ("Ogden") for development of the facility known as
"Tinseltown Studios"; and
WHEREAS, the Grant Deed set forth certain restrictions
on the use of the Property; and
WHEREAS, Ogden has requested that the City amend the
use restrictions contained in the Grant Deed to provide for
additional uses of its facilities at the Property, and has
requested that the City approve particular uses, including
concerts, banquets, and special events as more particularly
described in a proposal from Ogden to the City dated July 13,
1999 (the "Proposal"), a copy of which is attached to the Letter
Agreement presented to this Council, and allow Ogden to
temporarily limit or cease operations to renovate the facility to
accommodate such additional uses; and
WHEREAS, Environmental Impact Report No. 320 ("EIR")
has been certified, and Area Development Plan No. 120 (the "ADP")
has been approved by previous action of this City Council, each
establishing maximum land use and development densities for the
Property which may include a stadium for professional football,
office buildings, hotel and exhibition facilities, and retail,
dining and entertainment facilities; and
WHEREAS, use of the Property for restaurant and
entertainment purposes is within the scope of the ADP and the
EIR; and
WHEREAS, at the present time the uses and activities
set forth in the Proposal are compatible uses incidental to and
integrated within the Stadium complex; and
WHEREAS, there has been presented to this Council the
following, each to be entered into between the City and Ogden:
1. Amendment of Use Restrictions (the "Amendment"); and
2. Letter Agreement dated as of July 20, 1999 (the "Letter
Agreement" ) .
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The form, terms and provisions of the
Amendment and the Letter Agreement in substantially the form
presented at this meeting are hereby approved, and the City
Manager (or his designee), acting alone, is hereby authorized and
directed to execute each of such documents with such
nonsubstantial changes and insertions therein as may be necessary
to cause the same to carry out the intent of this Resolution and
as are approved by counsel to the Council, such approval to be
conclusively evidenced by the execution thereof.
Section 2. The City Council finds and determines that
at the present time the uses and activities set forth in the
Proposal are compatible uses incidental to and integrated within
the Stadium complex and that it is in the bests interests of the
City to enter into the Amendment and the Letter Agreement.
Section 3. All actions taken by the City Manager or
his designee with respect to the transaction described in the
Amendment and Letter Agreement is 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 counsel to the Council deem
necessary or advisable to consummate the transactions described
in such documents and otherwise effectuate the purpose of this
Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20th day of July ,
1999.
MA~O~~R~~ANAHEiM
CITY CLERK OF THE CITY OF ANAHEIM
31742.2
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. 99R-161 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 20th day of July 1999, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED/ABSENT: MAYOR/COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-161 on the 20th day of July, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 20th day of July, 1999.
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 Resolution No. 99R-161 was duly passed and adopted by the City Council of the
City of Anaheim on July 20th 1999.
CITY CLERK OF THE CITY OF ANAHEIM