HomeMy WebLinkAboutReso 1971-6064RESOLUTION NO. 6064
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING 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 AUTiiORIZIPdG 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, fails to provide in
paragraph 9, a specific due date for the monthly payment of rent, and
WHEREAS, it is customary in such lease agreements that pay-
ments be made within ten (10) days following the end of each month,
and
WHEREAS, without a specific payment date, the inclusion of
a clause for a five percent (5%) delinquency factor is without effect.
NOW, THEREFORE, BE IT RESOLVED that that certain amended
agreement between THE CITY OF CHULA VISTA and DICK E. AGEE, dated
the 25th day of ~,y 1971, 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
amended agreement for and on behalf of the City of Chula Vista.
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 Approved as to form by
`~it/I
\....._.e:~ //may ~ . '.F-E-r/~--~'^!~ /%
Gordon Grant, Diree''tor of Finance George Lindberg, City Atto~ y
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 25th day of May , 1971, by the
following vote, to-wit:
AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde
NAYES: Councilmen None
ABSENT:
ATTEST
Councilmen
T~Tnno
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amended or repealed.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 Cler
AMENDMENT TO LEASE AGREEMENT FOR THE OPERATION OF THE
RESTAURANT AND BAR PREMISES AT THE CHULA VISTA MUNICIPAL
GOLF COURSE
THIS AMENDMENT to the lease dated March 9, 1971, is made and
entered into this 25th day of May 1971, by and between
THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called
"Lessor", and DICK E. AGES, an individual, hereinafter called "Lessee";
W I T N E S S E T H
The amendment to Paragraph 9 shall read as follows:
9. RENT.
$,
~he rent is payable monthly in arrears on the tenth (10th) day
of each month at the Finance Office of the City of Chula Vista Said
rent shall be the sum of FIVE HUNDRED DOLLARS ($500.00) per mo th, or
a sum equal to five percent (50) of the gross proceeds of all sales made
on or from the leased premises during such month, whichever amount is
greater; provided, however, that for the period from March 18, 1971 to
December 31, 1971, the rent shall be the sum of TWO HUNDRED DOLLARS
($200.00) per month or a sum equal to five percent (50) of the gross
proceeds of all sales made on or from the leased premises during such
month, and provided that the rental for the balance of the month of
March, 1971 shall be pro-rated. It is further understood and agreed
that any portion of the give percent (5%) of gross in excess of the
base rental fee of FIVE HUNDRED DOLLARS (.$500.00) commencing on Jan-
uary 1, 1972, shall be credited to Lessee to offset the amortization
of improvements and additions in an amount to be determined by mutual
agreement, based upon the audited statement of the total cost of said
additions and improvements and to be paid to Lessee on December 31 of
each calendar year for a period of twenty (20) years, commencing on
December 31, 1972. No portion of the base rent of FIVE HUNDRED DOLLARS
($500.00) per month shall be included in this amount for the purpose of
credit to the amount of amortization. Lessee further agrees to pay an
additional five percent (50) of the rental f_ee due.. that month for each
ten (10) consecutive days in which the rent due remains delinquent
This amendment supersedes all prior agreements made between
the parties and is incorporated into the prior lease.
IN WITNESS WHEREOF, the parties hereto have caused this
amendment to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
\ (. -
> ~'°~~
Mayor of ,the City of Chula Vis a
„y~ -~ /'
ATTEST .~,`%'-, ,, ~ ~.~€. 1'!/~ ~./.~ ~.-/ -r°-X1/..1/
_ City Cl rk ~.
/,, "
Approved as to form by
r its £F ~~ ~_ ~//! ^S F
.., s^..'y, fir,^i' / )~~ r ~•
C."Samuel Blick, As~istan Cit ,At, ney
DICK E. AGEE
Dick E. Age
. ;'. r
~'~ ~ _ ~~ ,