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HomeMy WebLinkAboutReso 1971-6239 RESOLUTION NO. 6239 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THAT CERTAIN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DICK E. AGEE FOR THE OPERATION OF THE RESTAURANT AND BAR PREMISES AT THE CHULA VISTA MUNICIPAL GOLF COURSE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, that certain agreement between the City of Chula Vista and Dick E. Agee, dated March 9, 1971, provides in Section 7 thereof that all improvements to the premises shall be amortized over a 20 year period commencing July 1, 1972, and WHEREAS, it is desired for purposes of facilitating fi- nancial arrangements to allow shorter periods of amortization for certain items of equipment which will be depreciated over a shorter period of time, and WHEREAS, it is desirable that said determinations be made by mutual agreement of the parties, NOW, THEREFORE, BE IT RESOLVED that that certain amendment to the agreement between the City of Chula Vista and Dick E. Agee dated the 12th day of October 1971, a copy of which is attached hereto and incorporated herein by reference as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to forward a certified copy of this resolution to Dick E. Agee. Presented by i r~ i _ ~__ Gordon Grant, Director ofy`Finance Approved as to form by .,. _ ` .,it.. ~~ t i ~ .-... .. ,.r V George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VI5TA, CALIFORNIA, this 12th day of October , 1971, by the following vote, to-wit: AYES : Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen None ~ 1/ ATTEST = rL ~~-:<_ ~_~ ~/ ~ ~~1."C.~t'~z_.:~ , City Clerk .,, ;tf, .. ~, i~~ ~~~ Mayor of the y of c:nula vita .~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) r SECOND AMENDMENT TO LEASE AGREEMENT FOR THE OPERATION OF THE RESTAURANT AND BAR PREMISES AT THE CHULA VISTA MUNICIPAL GOLF COURSE THIS SECOND AMENDMENT to the lease dated March 9, 1971, is made and entered into this 12th day of October by and between THE CITY OF CHULA VISTA, a municipal corporation~971, hereinafter called "Lessor", and DICK E. AGEE, an individual, here- inafter called "Lessee"; W I T N E S S E T H That that certain lease agreement dated March 9, 1971, be, and the same is hereby amended in respect to Section 7 thereof and in no other way to read as follows: 7. AMORTIZATION OF IMPROVEMENTS. All of said improvements to the premises as provided in Section 6 of this agreement shall be- come fixtures and a part of the realty. Lessee agrees that the cost of said improvements shall be amortized over a twenty (20) year period, commencing January 1, 1972, using a straight-line depreciation method for purposes of fixing the City's obligation under the terms of this lease. Provided further that said amortization period shall be used for the purpose exclusively for determining the City's and Lessee's obligation for payment of rent and transfer of the premises to the City and shall in no way prevent Lessee from requesting an adjustment of said amortization period to a shorter period of time for specific improvements, e.g, the air conditioning system which will depreciate over a shorter period of time. Said shorter periods of amortization shall be approved by the City Manager acting for and on behalf of the City in order to facilitate necessary financial arrangements of Lessee in the acquisition and installation of said improvements. IN WITNESS WHEREOF, the parties hereto have caused this second amendment to be executed the day and year first hereinabove set forth. LESSOR: THE CITY OF CHULA VISTA LESSEE: DICK E. AGEE, an individual ,~ } ;' Mayor of ,the City of Chula Vist ~ Dick-E. ~ e ~~-f ATTEST `~ ~-: ~ , ~ °~,~/~`, ~~- City Clerk ~; Approved as to form by ~~ George D. Lindberg, City Attorney C -~,-~C ~~r .:, , ,--- , ,,> ~.r. ~ '