72R-526
Hj~:sn)~Jli'}_lIDN _i_-j~). 72R._.526
,i'\. RESOLUTION OF 1'IU: CI'l'Y COU~TCH, OF THE CITY
OF AH'.\HI:r APP:::;OVF:G TH;~ TE?,NS AND CONDITIONS
OF A SET~~LE~.r8nT i\GRE:SU.EIJ'r ~,>,JIT~-I ROY}\L I~"JNS OF
AiEP.IeZ'., Ille. AND AUr!'rlO:RIZING 'l'E:C :1AYOR &\!D
CITY CLE:~.I( fro E}~ECUT;:~ S.2\ID b.GR:2~E:'.n~NT.
W:iE~E]\S r City an:t~oyal Inns of America, Inc.,
(som,c:,tines hereinafter referred to as "Developer") heretofore
U\pril 11, 196 9) e),~..tE;red into a le"lse of proDerty located at
the 'lOr-thwest corner of Harbor Boulevarc, and Convention Center
Hav in t.he Cit_v of Anahein" and
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vTIE"?.EAS. Developer h,'ld an obligation to construct a
first class hotel development UDon said premises; and
HI-IET;:.EAS.' City covenan..:e(~ in Section 2.03 of the said
lease that it wouL'J Give DeveloDer quiet enjoyment into said
lease,' a.nel
r'JfIE,lliAS_ a taxpayer:- I s la\vsui t \vas filed in AJ:)ril of
1969 challengin0 the authority of City to enter into said lease:
and
WUEREAS, Developer was obligated to pay ground rent
in thE: amount of One Thousand Dollars ($1,000.00) per month for
the first blelve months of the lease \'lhich the parties esti'!1ated
would be the time required to finance and construct the hotel
hereinabove mentioned' and
m~EREAS 1 DeveloD(lr in fact paid One Thousand Dollars
($LOOO.OO) a month for tl~irtv (30) months due to the fact that
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the li'ciaa-tion he:r.einabove mentioned delayed and prevented
Develo!'oc=r from financLln an6 constructing said hotel; and
WEEREA.S" Developer \vil,S able during the pendency of
the aforementionc<) litigation to obtain title insurance and
financi'1a and said hotcol \vas constructed and oJ:)ened prior to
the comoletion of 'che aforenentioned li tiaation.
rWW TEjnEFORE; BE I'l' RESOLVED by the City Council
of the r::ity of\naheim that the follmvinq terms and conditions
of an agreeE\ent wit,l1 Roy;".l Inns of America, Inc. are hereby
aoproved as follows:
1. City agrees to pay to Developer the sum of Eigh-teen
'I'housand DolliJ,Ys ($18 i oar). 00) \vhich is the amount of
around rent Do.id bv Develo"'>er to City durinq the
oondencv of :the li tiaa tion' and \<7hich-- the parties
hereto dir! n0t contA(imlate wou10_ be paid."
2 .
The narties reconnize the Developer opened the hotel
approxL-'ately hIe; mO'1i:Ds prior to its' completion in
October of 1971. Developer agrees that the amount
of theninhlum annu2'l ground rental of Eighty Thou-
sand Dollars (S80~OOO.OO) per year shall commence
as of August 15, 1971.
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3.
As a result of the litigation heretofore mentioned
there have been differences which the parties
hereto have agreed to settle. In consideration of
the acts described herein, Developer hereby releases
City and City hereby releases Developer from all
claims. demands or liability arising out of the
litigation heretofore described.
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BE IT FURTHER RESOLVED that the Mayor and City Clerk
are authorized to execute said agreement on behalf of the City
of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
this 7th day of ,._!:!.o_v~l!I~e.J:'.n__' 1972.
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OF THE CI~ OF ~-
ATTEST;
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I
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~A;-T ~ANAHEI7'l"
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ARW:ms
STATE OF CALIFOro~IA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHErl )
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If DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 72R~526 was
passed and adopted at a regular meeting of the City Councfl held
on the 7th day of November , 19 72 , by the following
vote oftne-members thereor:.----------
AYES: COUNCIIl1EN: Snee~as, Stephenson, Pebley and Dutton
NOES: COUNCII.!1El-J; Thorn
ABSENT ; COUl\"[CIL~IEC1 : None
AND I FURTHER CERTIFY tha,t the Hayor of the City of
Anaheim approved and si'::fned said resolution on the ~__ day of
November _ ______ 191~.._
IN WITNESS WImREOF. I have hereunto set my hand and
affixed the seal of the Cit:y of Anaheim this __7th__ day of
November f 19 72
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CL . CLERK O~~ OF ANAHEm
(SE}\L)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 72R-526 duly
passed and adopted by the Anaheim City Council on November 7, 1972.
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City Clerk
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