4394ORDINANCE NO. 4394
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM (A) APPROVING AN AMENDMENT NO. 4
TO THE FACILITY LEASE DATED AUGUST 31, 1978
BETWEEN THE CITY OF ANAHEIM AND CITY OF
ANAHEIM (CALIFORNIA) STADIUM, INC. (A PUBLIC
LEASEBACK CORPORATION), (B) APPROVING AN
AMENDMENT NO. 3 TO THE SITE LEASE DATED
AUGUST 31, 1978 BETWEEN THE CITY OF ANAHEIM
AND CITY OF ANAHEIM (CALIFORNIA) STADIUM,
INC. (A PUBLIC LEASEBACK CORPORATION), AND
(C) AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AND DELIVER SAID AMENDMENTS.
WHEREAS, Anaheim Stadium Associates has proposed to
the City of Anaheim and City of Anaheim (California) Stadium,
Inc. (the "Corporation"), in connection with the development by
Anaheim Stadium Associates of property adjacent to the site for
the Anaheim Stadium and the improvement of the traffic flow on
the Anaheim Stadium site and the adjacent property, the City
and Anaheim Stadium Associates grant to each other easements
for the use of certain portions of the Anaheim Stadium site and
the adjacent property; and
WHEREAS, this City Council finds that the granting of
such easements would be in the public interest and benefit; and
WHEREAS, Anaheim Stadium Associates has requested that
the City of Anaheim and the Corporation amend the Facility
Lease dated August 31, 1978 between them to confirm the
authority of the City thereunder to grant easements on the
Anaheim Stadium site, and there has been presented to this
meeting an Amendment No. 4 to Facility Lease which would
accomplish that purpose; and
WHEREAS, also in connection with such development,
Anaheim Stadium Associates has proposed that the City of
Anaheim and the Corporation exclude and release from the
operation of said Facility Lease, the Site Lease between the
City of Anaheim and the Corporation dated August 31, 1978 and
the Indenture dated August 31, 1978 between the Corporation and
Crocker National Bank, as Trustee, a portion of the property
described therein, which property if so excluded and released
would be leased by the City of Anaheim directly to Anaheim
Stadium Associates in connection with additions or improvements
to be located thereon; and
WHEREAS, Anaheim Stadium Associates has proposed that,
in exchange for the parcel to be so excluded and released,
there be added to the property subject to the operation of said
Facility Lease, Site Lease and Indenture, a separate parcel
adjacent to the Anaheim Stadium site; and
WHEREAS, this City Council finds that the parcel so to be
added has a fair market value equal to or greater than the parcel
proposed to be so excluded and released; and
WHEREAS, this City Council finds that such lease and
exclusion, together with such addition, would be in the public
interest and benefit; and
WHEREAS, there have been presented to this meeting an
Amendment No. 4 to Facility Lease, an Amendment No. 3 to Site
Lease and a Second Supplemental Indenture which would accomplish
such release and exchange and addition.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
1. Amendment No. 4 to Facility Lease, amending the
terms and conditions of the Facility Lease dated August 31, 1978
by and between the City of Anaheim and City of Anaheim
(California) Stadium, Inc. (a public leaseback corporation)
heretofore approved by Ordinance No. 3892, has been submitted to
the City Council of the City of Anaheim, and the City Council
hereby finds and determines that the terms and conditions of said
Amendment No. 4 to Facility Lease be, and the same are hereby,
approved.
2. An Amendment No. 3 to Site Lease, amending the terms
and conditions of the Site Lease dated August 31, 1978 by and
between the City of Anaheim and City of Anaheim (California)
Stadium, Inc. (a public leaseback corporation) heretofore approved
by Ordinance No. 3892, has been submitted to the City Council of
the City of Anaheim, and the City Council hereby finds and
determines that the terms and conditions of said Amendment No. 3
to Site Lease be, and the same hereby are, approved.
3. The Mayor and City Clerk are hereby authorized to
execute and deliver said Amendment No. 4 to Facility Lease and
said Amendment No. 3 to Site Lease for, and on behalf of, the City
of Anaheim.
4. This Ordinance is subject to referendum pursuant to
the provisions of Section 1303 of the Charter of the City of
Anaheim and Sections 4050, et seq. of the Elections Code of the
State of California.
5. The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be printed once within
fifteen (15) days after its passage in the Anaheim Bulletin, a
daily newspaper of general circulation, printed, published and
circulated in said City, and thirty (30) days from and after its
final passage, it shall take effect and be in full force.
50
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 15th day of February, 1983.
ATTEST:
CIT CLERK OF THE -TY OF ANAHEIM
FAL:dw
2/2/83
/' •� -.
MAYOR OF THE CITY OF ANAHEIM
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4394 was introduced at a regular meeting of the ....,
City Council of the City of Anaheim, held on the 8th day of February, 1983,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 15th day of February, 1983, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4394 on the 15th day of February, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 15th day of February, 1983.
CITY C ERK OF THE CITY U ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4394 and was published once in the
Anaheim Bulletin on the 25th day of February, 1983.
CITY CLERK N.,