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HomeMy WebLinkAboutReso 1966-3969Form No, 342 RESOLUTION NO. 3869 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BONITA VALLEY COUNTRY CLUB AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby solve as follows: That that certain agreement between the City of Chula Vista, municipal corporation, and the Bonita Valley Country Club, a -profit corporation, ted the 26th day of January 1966 a copy of which attached hereto and incorporated herein, the same as though fully t forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula sta be, and he is hereby authorized and directed to execute said reement for and on behalf of said City. sented by '' i~'t a G~' ~; / / ~- L ~ ~.~~ ~d A. Ross, Chief Administrative Officer roved as to form by D./J~indberg, City Atto ~~ ~~ -1- ! ADOPTED AND APPROVED by the CITY COUNCIL of the ~ CITY OF CHULA VISTA, CALIFORNIA, this25tY'day of January 19 66 , by the following vote, to-wit: AYES: COUNCILMEN Sperling, McMains McAllister Anderson McCorquodale NAYES: COUNCILMEN None ABSENT: COUNCILMEN None ~; / //A / Mayor of the City of Chula Vista ATTEST ~ ~C~ ~ ~ ' ~-~~~ 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CERTIFY that the above and foregoing is a full, true and correct copy of , and that the same has not been amended or repealed.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 ~~ ~ / l~ / AGREEMENT THIS AGREEMENT, made and entered into this ~~' day of January, 1966, by and between BONITA VALLEY COUNTRY CLUB, a nonprofit corporation, First Party, hereinafter referred to as "Club, " and CITY OF CHULA VISTA, a municipal corporation, Second Party, hereinafter referred to as "City, " WITNESSETH: This Agreement is made in view of the following facts: Pursuant to Agreements heretofore entered into by the Parties, the City is purchasing from the Club all of the Club's real property and with certain exceptions all of the Club's personal property. Escrow Agreement No. 416-6497 has been executed by the Parties and with Security First National Bank, Branch No. 416, Chula Vista, California, as escrow holder, and said escrow covers the real property involved and is now pending; and the Parties have executed Escrow Agreement No. 416-6498 with the same bank as escrow holder, which escrow covers the personal property involved, and said escrow is also now pending. Since the said Sale Agreements were entered into by the Parties, and as a result of rainstorms, the contour of the river bed running through the subject real property has been changed in places, a small dam was washed out and some small bridges were washed out. The City maintains that as a result of the foregoing, that the property has been substantially changed and damaged, and that said changes and claimed damage should be repaired by the Club at its expense, or in lieu thereof the City should receive compensation. The Club denies that there has been any substantial change or damage to the property and denies that the City is entitled to compensation therefor, or that the City is entitled to have the Club make any repairs on account thereof. -1- \ J ~ ~ / ., NOW, THEREFORE, to compromise and completely settle the aforesaid dispute between the Parties, it is mutually agreed as follows: ~ The Club agrees to pay the City the sum of Five Thousand Dollars ($5, 000.00), said payment to be made from proceeds otherwise payable to the Club in said escrow No. 416-6497, and the Club does here- by assign and transfer from its said funds in said escrow the said sum of Five Thousand Dollars ($5, 000. 00), and hereby directs said Security First National Bank, as such escrow holder, to pay the said sum to the said City. In addition thereto, the Club agrees to transfer to the City three (3) Cushman Haulsters bearing Serial Numbers 180420, 184709 and 180412, and to transfer the same by adding them to the Bill of Sale of personal property in said escrow No. 416-6498 and without any additional money consideration from the City. The said three (3) Haulsters were not included in the prior Sale Agreements. The City hereby agrees to accept the said sum of Five Thousand Dollars ($5, 000.00) and the said three (3) Haulsters as full compensation for its aforesaid claim of damages to and change of said real property, and with the exception of the water pump hereinafter mentioned, the City hereby releases the Club from any and all claims of damages of any kind or nature whatsoever, and pertaining to said properties, and the City hereby agrees to hold the Club harmless on any future storm damage to said real property or the improvements thereon after the date hereof. The water pump on No. 4 fairway has recently been out of re- pair, and if the same has not already been repaired the Club agrees to forthwith repair the same at its sole expense. AGREEMENT RE POSSESSION It is anticipated by the Parties that the aforesaid escrows, and in particular the real property escrow No. 416-6497, will close on -2- ~~~~ ~~~ /. January 2-~', 1966, and each of the Parties agree to execute all documents ~ c~ ~" and to do all things that can properly be done by them to cause said ,x~rJ~~ escrows to be closed on the said nth of January, 1966, and in particular~~~~'~ ~~"~- the City expressly agrees to have paid to said escrow holder and have on deposit with said escrow holder the full purchase price called for by each ~ 9 ~ ~~' of said escrows on or before said January mss; 1966 For the purpose of this Agreement, the term "close of escrow" shall mean the date on which the escrow holder is ready to transfer title to the City and pay the pur- chase price to the Club or its order. IT IS MUTUALLY AGREED by the Parties, that whether or not said escrows, or either one of them, have been closed as above provided, that the Club will deliver to the City and the City will take possession of all of the real property and personal property included in the aforesaid escrows on the 26th day of January, 1966, and that taxes on all and any of said property shall be prorated as of January 25, 1966, and any other matters that are to be prorated in said escrows shall be prorated as of said date. THE CITY FURTHER AGREES that commencing with January 26, 1966, the Club shall have no further responsibility as to payment of rent, including the payment of taxes, and will have no responsibility otherwise accruing on and after that date, under that certain lease dated January 24, 1961, executed by and between CORDON PETTIT and ELSA MARSTON PETTIT, husband and wife, and RICHARD M, WILSON and MARIAN B. WILSON, husband and wife, as Lessors, and the Club, as Lessee, recorded February 1, 1961, as File No. 18568, and the City hereby accepts assignment of said lease and assumes all responsibilities per- taining thereto on and after January 26, 1966. IT IS FURTHER MUTUALLY AGREED that an executed copy of this Agreement shall forthwith be deposited with said escrow holder in -3- ~ ~ ~';. _~, ~* f ,~' ~~:r:.~ escrow No. 416-6497 and escrow No. 416-6498 as additional instructions ~' to said escrow holder, and that the provisions hereof shall supersede any of the provisions of said escrow agreements in conflict herewith, the said escrow agreements otherwise to remain in full force and effect. EXCEPT AS OTHERWISE HEREIN PROVIDED, the City expressly agrees and does hereby assume the full responsibility of an owner as to all of the aforesaid properties, and assumes all risk for damage or destruction of any of said properties on and after January 26, 1966. IN WITNESS WHEREOF we have hereunto set our hands the day, month and year hereinabove first written. BONITA VALLEY COUNTRY CLUB, ,a corporation _ ,. ---~ y~ // v'"' _-ate ~, ~, l._1 ~ (~`..r _.__-'-. By: ~,OlV1~LD A ~~ G ` :ems Presid n L% ~~ By: ARLES Be PROVENCE Secretary CITY OF CHULA VISTA, a municipal corporation Approved as to form: ,t ~ :~-~ By: ..._GE~RGEJ~3; LYNDBLl~"~~ City Attorney -4- ~~7~ I ~ ~'~