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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