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96-030 RESOLUTION NO. 96R- 30 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING FILING OF NOTICE OF CANCELLATION FOR DEVELOPMENT AGREE~ENT NO. 90-02 WHEREAS, the City Council did, on February 5, 1991, adopt Ordinance No. 5201, approving Development Agreement No. 90- 02 with Rockefeller and Associates Realty, L.P.; and WHEREAS, said development agreement contemplated the development of property for office, hotel, restaurant and retail purposes; and, WHEREAS, the interest of Rockefeller and Associates Realty, L.P. in the subject property and the associated development rights were foreclosed upon by Anaheim Leisure, Inc., and the new owner no longer desires to construct this development and has requested cancellation of Development Agreement No. 90-02; and, WHEREAS, the associated entitlements granted under Conditional Use Permit No. 3356 were terminated by the Planning Commission on March 4, 1996. WHEREAS, on March 12, 1996, the City Council repealed Ordinance No. 5201 and canceled Development Agreement No. 90-02. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Anaheim authorizes and directs the city Clerk to execute and cause to be recorded in the Office of the County Recorder a "Notice of Cancellation" in the form attached hereto. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of March, 1996. MAYOR OF THE EIM ATTEST: CITY CLER~ OF THE CITY OF ANAHEIM 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. 96R-30 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of March, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-30 on the 5th day of March, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of March, 1996. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 96R-30 was duly passed and adopted by the City Council of the City of Anaheim on March 5th, 1996. CITY CLERK OF THE CITY OF ANAHEIM RECORDING REQUESTED BY AND ~WHEN RECORDED RETURN TO: City Clerk City of Anaheim P.O. Box 3222 Anaheim, calif 92803 This is to certify that at their meeting held March 5, 1996, the Anaheim City Council adopted Ordinance No. 5556, which cancels Development Agreement No. 90-02 between the City of Anaheim and RAR Anaheim Partners L.P. (Central Park Towers). The current owner Anaheim Leisure, Inc. 75 Wall Street, 12th Floor, New York, New York, 10265 has provided proof of ownership and request to terminate Development Agreement No. 90-02. This agreement was originally entered with RARAnaheim Partners L.P. and is in default due to the failure of RAR Anaheim Partners L.P. to remit the Commencement Option Consideration pursuant to 2.3 of the Development Agreement. Development Agreement 90-02 was recorded in the official Records of Orange County, california, at 11:30 a.m. on February l, 1991, as Document No. 91-068726, and listed as a Development Agreement between the City of Anaheim and RAR Anaheim Partners L.P. A certified copy of Ordinance No. 5556 is attached as Exhibit "A". Signed: Attest: Tom Daly Leonora N. Sohl Mayor City Clerk city of Anaheim City of Anaheim Ann M. Sauvageau, City Clerk Subscribing Witness