88-220RESOLUTION NO. 88R-~.-~O
A RLSOLU'I1ON OF TIlE CiTY 'COUNCIL OF ]'HE CI2¥ OF
ANAHEIM AUTHORIZING 2HE EXECUTION OF AN
AGREEMENT RLSOLVING CERTAIN ISSUES RELATING TO
A LEASE AND CONDITIONAL USE PERMIT NO. 2288 AS
AMENDED.
WHEREAS, the City of Anaheim, as Lessor, and C-D III,
a California general partnership ("C-D Iii"), as Lessee, have
previously entered into that certain Lease Agreement ("Lease")
dated July 13, 1982, pursuant to which City leased to C-D III
certain real property located in the City of Anaheim, County
of Orange, State of California, more particularly described
therein (a memorandum of such Lease being recorded on
September 25, 1982, as Document No. 82-354409 in the official
records of the County of Orange, State of California); and
WHEREAS, the City of Anaheim and C-D III have
previously entered into an Implementation Agreement
("Implementation Agreement"), dated as of August 1, 1982,
pursuant to which C-D III granted to City certain easements
and other rights with respect to the "Enclosed Parking
Facilities" (as defined therein), subject to certain rights
therein reserved by C-D 111; and
WHEREAS, C-D Iii has previously assigned all of its
right, title and interest in, to and under the Lease, as
amended, and the Implementation Agreement to Anaheim Hotel
Partnership, a lexas general partnership ("AHP"); and
WHEREAS, the City Council of the City of Anaheim has
previously adopted its Resolution No. 82R-125 approving
Conditional Use Permit No. 2288, permitting the construction
of an eleven-story (plus mezzanine), 160 foot high, 1600-room
hotel and related uses ("Hotel"), including on-premise sale
and consumption of alcoholic beverages, with a waiver of the
minimum number, design and type of off-street parking spaces,
on a portion of the property encumbered by the Lease, as
amended; and
WHEREAS, the City Council of the City of Anaheim
previously adopted its Resolution No. 88R-216, amending
Conditional Use Permit No. 2288 in certain respects; and
has
WHEREAS, certain issues have arisen respecting the
interpretation of tile Implementation Agreement and Conditional
Use Permit No. 2288, as amended; and
WHEREAS, ti~e City of Anaheim and AHP desire to clarify
such issues by executing, acknowledging, delivering and
recording an Agreement dated as oI June 14, 1988, respecting
such issues ("Agreement"), a true, correct and completed copy
of the Agreement being attached hereto as Exhibit "A"; and
WHEREAS, the City Council finds that the execution of
the Agreement is necessary and in the best interest of the
City in order to permit a clarification of the issues relating
to the Lease, implemeutation Agreement and Conditional Use
Permit No. 2288, as amended.
NON, THEREFORE, BE I2 RESOLVED by the City Council of
the City of Anaheim that the Mayor and City Clerk of the City
of Anaheim are hereby authorized and directed to execute,
acknowledge and deliver the Agreement for and on behalf of the
City.
THE FOREGOING RESOLUIION is approved and adopted by
the City Council of the City of Anaheim this 14th day of June,
1988.
blAYOR OF THE CITY OF IkNAHEIbl
2569L
061388
JLW:ct
CLERK
STATE OF CALIFOP~NIA )
COUN%Y OF ORANGE ) ss.
CiTY OF AJNAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-220 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 14th day of June, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBh~S: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
~BSPLNT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-220 on the 14t~ day of June, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 14th day of June, 1988.
(SEAL)
i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-220 duly passed and
adopted by the Anaheim City Council on June 14, 1988.
CITY CLEPdi OF THE CITY OF ~NAHEIM