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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 - - 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 . - 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. ,...... --1- ----..,-. 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. .i\+C""""""-_ 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. ~ Q~ -' OF THE CI~ OF ~- ATTEST; /~\ lie I J J - ~A;-T ~ANAHEI7'l" /,............, -2- ARW:ms STATE OF CALIFOro~IA ) COUNTY OF ORANGE ) ss. CITY OF ANAHErl ) - 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 Ih'.\ j~ --..-:;:;; -,- ' ~ --' 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. ~ 1J ' / ~ ~ 't:2-t:H:~ City Clerk -