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80R-515 RESOLUTION NO. 80R -515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LEASE AGREEMENT AND A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND A JOINT VENTURE CONSISTING OF WRATHER INNS, INC. AND HILTON HOTELS CORPORATION, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE EACH OF SAID AGREEMENTS ON BEHALF OF THE CITY OF ANAHEIM. WHEREAS, the City of Anaheim ( "City ") is the fee owner of certain real property located in the City of Anaheim, California, commonly known as the Anaheim Convention Center property ( "Convention Center Parcel "), as more particularly described in the hereinafter described instruments; and WHEREAS, City has heretofore leased said Convention Center Parcel to the Community Center Authority ( "Authority ") pursuant to a certain Site Lease dated May 1, 1965, as amended; and WHEREAS, Authority has heretofore constructed certain convention center facilities on a portion of said Convention Center Parcel and subleased said Convention Center Parcel back to City pursuant to a certain Community Center Facility Lease dated May 1, 1965, as amended; and WHEREAS, City, as sub - sublessor, has heretofore leased a certain portion of said Convention Center Parcel to Wrather Inns, Inc. ( "Wrather "), as sub - sublessee, pursuant to a certain lease agreement (the "Inn at the Park Lease ") dated August 17, 1976; and WHEREAS, City, Wrather, and a joint venture consist- ing of Wrather Inns, Inc. and Hilton Hotels Corporation ( "Lessee ") mutually desire that City sub- sublease to Lessee a certain portion of said Convention Center Parcel, including that portion currently subject to the Inn at the Park Lease, for purposes of construction and operation of a first -class hotel and related facilities, and to thereby terminate said existing Inn at the Park Lease; and WHEREAS, Lessee has, for the aforesaid purposes, submitted to City a Lease Agreement and a Development Agreement, the terms and conditions of each of which are satisfactory to the City; and WHEREAS, the City Council finds that the property which is the subject of the aforesaid proposed Lease Agreement and Development Agreement is not needed for municipal purposes and the best use of said property is for the private operation of a first -class hotel and related facilities; and -2- WHEREAS, the City Council further finds that approval of proposed Lease Agreement and Development Agreement would be in the public interest and welfare, and that the same should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Lease Agreement this day submitted to the City Council to be made and entered into between the City of Anaheim and a joint venture consisting of Wrather Inns, Inc. and Hilton Hotels Corporation for the leasing of a certain portion of the Convention Center Parcel upon the terms and conditions set forth in said Lease Agreement be, and the same is hereby, approved. BE IT FURTHER RESOLVED that the Development Agreement this day submitted to the City Council to be made and entered into between the City of Anaheim and a joint venture consisting of Wrather Inns, Inc. and Hilton Hotels Corporation for the construction of a first -class hotel upon the terms and conditions set forth in said Development Agreement be, and the same is hereby, approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized and directed to execute said Lease Agreement and said Development Agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of November, 1980. � • 1 4 _ , / I/ /, f.���r -�'�, •YO' OF T C Y OF A AlEIM ATTEST: CITY CLERK OF TH CITY OF ANAHEIM JLW:jh -2- 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 Resolution No. 80R -515 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of November, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R -515 on the 18th day of November, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of November, 1980. i CITY ERK OF THE C " OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 80R -515 duly passed and adopted by the Anaheim City Council on November 18, 1980. ITY CLERK