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1976-159RESOLU`T'ION NO. 76R-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A TRANSPORTATION CENTER DEVELOPMENT LEASE AGREEMENT BETWEEN= THE CITY OF ANAHEIM AND MULTIMODAL GROUP, INC., AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. WHEREAS, the City of Anaheim owns and operates Anaheim Stadium and parking areas adjacent to said Stadium; and WHEREAS, -the Santa Fe Railroad owns a railway line adjacent to said parking areas at Anaheim Stadium; and WHEREAS, the City of Anaheim desires to have developed a multimodal transportation center adjacent to said railway line; and WHEREAS, Multimodal Group, Inc., has submitted a proposal and agreement which provides for the construction of a transportation center and other developments adjacent to such transportation center; and WHEREAS, ,the property identified in said agreement as Exhibit "B" is not required for City purposes at all times. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the terms and conditions of the Transportation Center Development Lease Agreement, dated March 30, 1976, between the City of Anaheim and Multimodal Group, Inc., be, and the same are hereby, approved. BE IT FURTHER RESOLVED that as a condition precedent to the approval of the execution of this agreement, there shall be presented to the City Manager of Anaheim acceptable plans for the platform complex provided for in Sections 2.5 and 2.6 of the agreement, excluding all commercial development, and deposit of Three Hundred Thousand Dollars ($300,000.00)in an escrow at an independent depository to assure completion of said platform complex. In lieu of this deposit, an irrevocable financial commitment in the same amount issued by a lender acceptable to the City shall be considered sufficient to meet and satisfy this requirement. The terms of the escrow, or irrevocable finan- cial commitment, shall provide that, in the event the platform complex is not completed pursuant to the terms of the agreement, any monies remaining in said escrow, or irrevo- cable financial commitment, shall be paid to City. BE IT FURTHER RESOLVED that all of the terms of the condition precedent must be. complied: with on or before May 15, 1976. In the event the condition precedent has not been complied with, the approval granted by the terms of this resolution is revoked and the proposed agreement shall be returned to the City Council for further action. -1- BE IT FURTHER RESOLVED that when the condition precedent described in this resolutionhasbeen complied. with, the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed. by me this 30th day of March, 1976. DLTYOE,-C-rTTOf ANAHEI: ATTEST: CITY CLERK OF -THE TY OF ANAHEIM ARW : j h 2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 76R-159 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the -30th day of March, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R-169 on. the 30th day of March, 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of March, 1976. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do herby certify that the foregoing is the original of Resolution No. 76R-159 duly passed and adopted by the Anaheim City Council on March 30, 1976. City Clerk'