HomeMy WebLinkAboutReso 1965-3672 RESOLUTION NO. 3672
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
OF INTENTION TO ACQUIRE BY THE EXERCISE OF EMINENT DOMAIN,
OR OTHERWISE, PARCEL NO. 1, CONTAINING APPROXIMATELY 87
ACRES , BEING A PORTION OF QUARTER SECTIONS 47 , 58 AND 73 ,
RANCHO DE LA NACION, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP 166 MADE BY MORRIL RECORDED
IN THE SAN DIEGO COUNTY RECORDER' S OFFICE : PARCEL NO. 2 ,
CONTAINING APPROXIMATELY 10 ACRES, BEING A PORTION OF
QUARTER SECTION 58 IN RANCHO DE LA NACION, ETC. ; PARCEL
NO. 4 , CONTAINING APPROXIMATELY 28 . 5 ACRES , BEING A
PORTION OF QUARTER SECTION 47 IN RANCHO DE LA NACION,
ETC. ; AND ALL IMPROVEMENTS THEREON IN THE COUNTY OF SAN
DIEGO FOR THE PURPOSE OF OPERATING AND MAINTAINING
THEREON A MUNICIPAL GOLF COURSE FOR THE CITY OF CHULA
VISTA AND ACCEPTING THAT CERTAIN OPTION OFFERED BY THE
BONITA VALLEY COUNTRY CLUB FOR THE SALE OF A PORTION OF
SAID PROPERTY
The City Council of the City of Chula Vista does hereby
resolve as follows :
WHEREAS , the City Council of the City of Chula Vista has
determined that it is in the best interest of the City of Chula
Vista to acquire certain real property and the improvements thereon
known as the BONITA VALLEY COUNTRY CLUB for the operation of a
municipal golf course, and
WHEREAS , the Chief Administrative Officer should be
instructed to acquire the property necessary for the operation and
maintenance of a municipal golf course by condemnation or by
negotiations with the respective property owners thereof, and
WHEREAS , THE BONITA VALLEY COUNTRY CLUB, as owners and
lessees of a portion of said property known as the BONITA VALLEY
COUNTRY CLUB, have offered to the City an option to purchase
their interest in said property subject to the terms and conditions
of that certain option agreement attached hereto and incorporated
herein as if set forth in full.
NOW THEREFORE, BE IT RESOLVED by the Council of the City
of Chula Vista as follows :
That it is the intention of this Council to cause the
acquisition of Parcel No. 1 , containing approximately 87 acres , being
a portion of Quarter Sections 47 , 58 and 73 , Rancho de la Nacion,
in the County of San Diego, State of California, according to Map 166
made by Morril recorded in. the San Diego County Recorder' s Office;
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Parcel No. 2 , containing approximately 10 acres , being a portion of
Quarter Section 58 in Rancho de la Nacion, etc. ; Parcel No. 3 , a
portion of said 10-acre site, being a portion of Quarter Section 58 ,
Rancho de la Nacion, etc. ; Parcel No. 4 , containing approximately
28 . 5 acres , being a portion of Quarter Section 47 , Rancho de la Nacion,
etc. , known as BONITA VALLEY COUNTRY CLUB, and that such acquisition
is in the public interest, convenience and necessity for the operation
and maintenance thereon of such facilities .
BE IT FURTHER RESOLVED, that the Chief Administrative Officer
be, and he is hereby authorized and empowered to acquire said property
for the City of Chula Vista from the respective property owners
thereof, either by the exercise of eminent domain or by negotiation,
and that the City Attorney of the City of Chula Vista be, and he is
hereby authorized and directed to institute any necessary action of
condemnation in the Superior Court of the State of California, in
and for the County of San Diego, in the name of and on behalf of the
City of Chula Vista against all owners and claimants of the above
described property for the purpose of operating and maintaining a
municipal golf course for the use of said City as above described.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby accept that certain option offered by
the BONITA VALLEY COUNTRY CLUB, attached hereto and incorporated
herein as if set forth in full.
Presented by
Approved as to m.
George D. ,Zindberg, City Attorney
MMMOMM
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this 6thday of April _,
19 65 , by the following vote, to-wit:
AYES: COUNCILMEN McAllister, Sparling, McCorquodale, Anderson, McMains
NAYES: COUNCILMEN None
ABSENT: COUNCILMEN None
Mayor of the City c6 Chula Vista 47
r
ATTEST 4-7 '
- City Clerk
�.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and foregoing
is a full, true and correct copy of—
and that the same has not been amended or repealed.
DATED:
City Clerk
CC 652
AGREEMENT
OPTION FROM BONITA VALLEY COUNTRY CLUE,
A CORPORATION, TO CITY OF C=LA VISTA
THIS OPTION AGREEMENT, made and entered into this 4; day
or. 41
p , .,1965, by and between the CITY OF CHULA VISTA,
a municipal corporation hereinafter called "City/Optionee," and the
BONITA VALLEY COUNTRY CLUB, a nonprofit corporation, hereinafter
called "Club/Optionor,"
WITNESSETH :
WHEREAS, the BONITA VALLEY COUNTRY CLUB at a special meeting
of the reauklar members of said Club, held on the / f-day of
1965, has adopted a resolution by a majority vote of said regular
members, and the Board of Directors of said Club has, on the /S-7,4dav
of A4/re. b , 1965, adopted a resolution, which resolutions for
and in consideration of the premises and for other good and valuable
consideration, receipt of which is hereby acknowledged, do hereby give ,
and grant to the CITY OF CHULA VISTA an exclusive option to purchase
Club/Optionor's real and personal protertv, (excluding stock in trade,
safe and office equipment) appertaining to and used by Club/Optionor
in connection with the operation of its Golf Course and Clubhouse in
Bonita, California, to the CITY OF CHULA VISTA pursuant to the terms
set forth herein.
NOW, THEREFORE, IT IS AGREED by and between City/Octionee
and Club/Optionor that the terms of this Option Agreement shall he as
follows:
1. Said option to purchase shall include all of the Club/
Optionor's real and personal pro:erty as more particulariv described
in Exhibit A, attached hereto and incarcerated herein, as if set forth
in full, p=vided, however, that any personal oro-certy acc7uired sub-
secuent to t1-le 5th day of January, 1965, in addition to the orooertes
listed in cnU r?, -;bt A, but not as a replacement for any of self:
items, shall not be included or subject to the terms of this or:ton.
2. Said option includes Club/Ootionor's lease from
RIOz.A.(J) N. WILSON and wife, and GORDON PETTIT and wife, which lease
covers 87 acres, more or less, and the first term of which is for a
e3197.1-
' •
period of ten (10) years and expires on __arc__ 2D, lS . . ,
is renewable thereafter for six (6) consecutive ten-year te=s, togtther
with all of the Club/Optionor's right, title, and interest in and to
the irrigation system and other improvements on said leased property.
Said leasehold is more particularly described in Exhibit 3, attached
hereto and incorporated herein, as if set forth in full.
3. Club/Optionor has a five (5) year contract with Electric
Caddy Company, which contract expires on December 28, 1966, wherein
said Electric Caddy Company furnishes golf carts to the Club/Optionor
for fifty percent (50%) of the net proceeds. As a condition of this
option and any sale made pursuant thereto, said City/Optionee is to
honor said golf cart contract in the event it cannot be mutually.
terminated, and City/Optionee is also to honor any tournament engage-
ments to which Club/Optionor is obligated as of the time the sale is
completed.
4. Property taxes are to be prorated as of the date title
passes.
5. All of Club/Optionor's said property will be transferred
and conveyed to the purchaser free and clear of all encumbrances,
except easements, restrictions and conditions of record. The purchase-_
is to rely on its own investigation as to the condition and title of
all property included in the sale. At the request of the purchaser,
a joint inventory will be taken of all the personal property owned
by Club/Optionor which is to be included in the sale
6. The terms of the option to sell ail of the above-mentioned
real and personal property and leasehold interest shall be as follows
a. This option shall commence and be in full force and
effect from and after the 7th day of April, 1965.
b. This option:, may be exercised by the CITY OF CULA
• VISTA by said City delivering its written election to exercise same
to the President or Secretary of the Club on or before the 22nd day
of May, 1965, and by paying to the Club/ n SIX HUNDRED
Y CpuiG Or tht. sum of _�,J_`
AND SEVENTY-FIVE THOUSAND DOLLARS ($575,000.00) on or before said date,
or by depositing same in an escrow• covering the sale on or before said
expiration date, which escrow shall be for a teriod of not to exceed
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thirty (30) days, unless such escrow period is extended by written
consent of Club/Optionor.
c. IT IS FURTHER AGREED that the City of Chula Vista
may, upon written notice on or before the 22nd day of May, 1965, declare
its intent to exercise said option on or before the 4th day of October,
1965, if, and in the event that on or before said 22nd day of May,
x
1965, City/Optionee sha_7' have received a favorable financial feasibility
report from a reliable financial consultant, which report shall indicate
the feasibility of acquisition of the golf course by City/Optionee,
and the best means for obtaining the necessary financing to execute
this option and acquire the sum of SIX HUNDRED AND SEVENTY-FIVE
THOUSAND DOLLARS ($675,000.00) to carry out the purchase of the interests
described herein. City, by such notice, shall offer to purchase the
real and personal properties included within the terms of this option
for the sum of SIX HUNDRED AND SEVENTY-FIVE THOUSAND DOLLARS ($675,000.00)
in cash, on or before October 4, 1965. Said offer shall be contingent
upon and subject to the successful completion of the financing program
as recommended by the financial feasibility report.
d. It is further agreed that upon receipt of said offer
by the Club/Optionor subject to the contingencies and limitations as
set forth, Club/Optionor accepts said offer and agrees to be bound
thereby to and until the 4th day of October, 1965, and comply fully
with the terms of the prospective sale, and that the grant, conveyance
or transfer of said property shall be effected as set forth herein
pursuant to the terms of this option on or before the 4th day of
October, 1965.
CLUB/OPTIONOR, BONITA VALLEY COUNTRY
~-CI UB�a corporation
Subscribed and sworn to before JJ �-
me on , 1965 e A�/JJ s��.-
Ronald .._Youn p ident
Notary Public G
y ublic in and for the e. c,.--c-e-ti'`'c--k _
County of San Diego, State of iarles B. Provence, Secretary
California.
CITY/OPTIONEE
(Seal) CITY OF CHULA VISTA, a municipal
corporation
Approve as toiform by , 1
�'� '• �%C tir ' "�i2 •eeF (._1_,Cecil E. Spayling, May j
George D Lindberg, City Atto
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