HomeMy WebLinkAboutReso 1972-6616RESOLUTION N0. 6616
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SECOND AMENDED AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND JOSEPH S. WARBURTON FOR
THE MANAGEMENT, SUPERVISION AND OPERATION OF THE CHULA
VISTA MUNICIPAL GOLF COURSE, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID SECOND AMENDED AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain Second
Amended Agreement between THE CITY OF CHULA VISTA, a municipal corpor-
ation, and JOSEPH S. WARBURTON for the management, supervision and
operation of the Chula Vista Municipal Golf Course, dated the 26th day
of September ~ 1972, a copy of which is attached hereto and
incorporated herein, the same as though fully set forth herein be,
and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
Second Amended Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
E. Emerson Hall, Director of George Lindberg, City AttorLi~~
Parks and Recreation
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 26th day of September 19 72 by
the following vote, to-wit:
AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott
NAPES : Councilmen None
ABSENT: Councilmen
ATTE
Nan e
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, , City Clerk of the City of
Chula Vista, California, DO HEREBY CERTIFY that the above is a full,
true and correct copy of Resolution No. and that the same has not
been amended or repealed. DATED
City Clerk
SECOND AMENDMENT TO AGREEP~ENT FOR THE MANAGEMENT,
SUPERVISION AND OPERATION OF THE CHULA VISTA
MUNICIPAL GOLF COURSE
THIS SECOND AMENDED AGREEMENT, made and entered into this
26th day of September , 19 7 2 , by and between the CITY OF
CHULA VISTA, a municipal corporation, hereinafter referred to as "City",
and JOSEPH S. WARBURTON, professional golfer, hereinafter referred to
as "Professional";
W I T N E S S E T H
WHEREAS, the present provisions contained in Section 10 of
that certain agreement dated September 7, 1971 provide for termination
of said agreement by either party after 60 days following delivery of
written notice of such termination without cause, and
WHEREAS, lessee has indicated that such a provision seriously
affects his capabilities of securing capital investment, and
WHEREAS, other leases at the Golf Course contain substantially
longer periods of notification for termination, and for correction of
any defaults in the lease arrangement leading to said notification.
NOW, THEREFORE, in consideration of the premises and upon the
terms and conditions herein contained, City and Professional agree that
that certain agreement dated September 7, 1971 be and the same is hereby
amended in the following respect and no other:
10. RENEWAL AND TERMINATION WITHOUT CAUSE.
In the event that the Golf Pro-Manager shall faithfully
keep and perform all of the terms, conditions and agree-
ments contained in this agreement, he shall have the right
of first refusal of any renewal of said agreement. This
lease may be terminated at any time by either party upon
one hundred and twenty (120) days written notice, provided
that termination by Lessor shall be based upon a failure
to substantially perform in accordance with the terms and
conditions of this lease. Lessor shall give Lessee written
notice of said non-performance, directing the Lessee to
perform in accordance with the terms and conditions of this
lease within sixty (60) days. Should Lessee fail to so
substantially perform within said sixty (60) day period,
City may terminate said lease sixty (60) days thereafter.
Termination by Lessee as provided herein must be by written
notice given to the City. Lessor shall also tender to
Lessee the proportional part of any rent paid in advance by
Lessee.
IN WITNESS WHEREOF, the parties hereto have caused this Second
Amended Agreement to be executed the day and year first hereinabove set
forth.
PROFESSIONAL
d se 5. Warburton, Golf Pro Manager
i
Approved as t fo by
~~,;~~
Georg D. Lindberg, City At ney
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THE CITY OF CHULA VISTA