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
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Gordon Grant, Director ofy`Finance
Approved as to form by
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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
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ATTEST = rL ~~-:<_ ~_~ ~/ ~ ~~1."C.~t'~z_.:~ ,
City Clerk
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Mayor of the
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
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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
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Mayor of ,the City of Chula Vist ~ Dick-E. ~ e ~~-f
ATTEST `~ ~-: ~ , ~ °~,~/~`,
~~- City Clerk
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Approved as to form by
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George D. Lindberg, City Attorney
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