HomeMy WebLinkAboutCC RESO 9061RESOLUTION NO. 9061
RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREEMENT
(Castle Motors, Inc.)
BE IT RESOLVED by the City Council of the City of
National City, California that the Mayor is hereby authorized,
anddirected, to execute, and the City Clerk is authorizedand.
directedto attest, that certain Agreement between the City
of National City and Castle Motors, Inc.
PASSED AND ADOPT.D this lst day of February,
1966.
ATTEST:
CITY CLERK ,'
AGREEMENT
This agreement is made February 1
, 1966, between
the CITY OF NATIONAL CITY, referred to herein as "CITY", and
CASTLE MOTORS, INC. , referred to herein as "CASTLE".
WITNESSETH:
WHEREAS, CITY did sell and convey to CASTLE by a corporation
grant deed, recorded May 11, 1964, with the County Recorder of San Diego
County as Document 84228, that certain real property described as:
All that portion of Bahia Vista, in the City of National
City, County of San Diego, State of California, according
to Map thereof No. 1815, filed in the office of the County
Recorder of said San Diego County, December 19, 1924,
and of Thirtieth Street as vacated and closed to public use,
described as follows:
Beginning at the Northeasterly corner of Lot 150 in
said Bahia Vista; thence South 18°35' East along the
Westerly line of National Avenue as shown on said Map
a distance of 325. 78 feet to the TRUE POINT OF
BEGINNING; thence continuing South 18°35' East
along said Westerly line of National Avenue 194. 00 feet
to the Southeasterly corner of that parcel of land conveyed
to the City of National City by deed dated September 24,
1955, and recorded in Book 5410 at page 330 of Official
Records of said San Diego County; thence at right angles
Westerly along the Southerly line of said parcel of land
South 71°25' West a distance of 290. 00 feet to an angle
point in said Southerly line; thence at right angles
North 18°35' West a distance of 230. 00 feet to the Southerly
line of Thirtieth Street as dedicated by Resolution No. 8110
of the City of National City; thence at right angles
North 71°25' East along said Southerly line of Thirtieth
Street a distance of 254. 00 feet to the beginning of a
tangent 36.00 foot radius curve concave Southerly; thence
along the arc of said curve through a central angle of 90°
a distance of 56. 55 feet to the TRUE POINT OF BEGINNING,
and
WHEREAS, a provision of said deed made conveyance to CASTLE
expressly conditional upon commencement of construction by CASTLE of a
commercial structure to be approved by the appropriate departments of
CITY, and
WHEREAS the parties mutually desire to proceed with construction and
avoid further prosecution of the litigation with respect thereto which has been
commenced by CITY,
NOW, THEREFORE, in consideration of the mutual promises of the
parties, they do agree as follows:
(1) Concurrent with the signing of this agreement by the parties,
CASTLE shall execute a quitclaim deed reconveying said real property to
CITY and shall deliver said quitclaim deed to WILLIAM W. CARSTENS,
Attorney at Lawto be held by him/it as escrow holder pursuant to the
following conditions:
(a) CASTLE shall, within fourteen (14) days of execution of
this agreement, transfer its American Motors Automobile Agency from
Chula Vista to National City, and shall submit to the CITY written verification
from American Motors that said transfer is fully authorized and approved by
American. Motors, without limitation.
(b) Within 30 days of execution of this agreement CASTLE
shall submit to all persons and departments, specified upon Exhibit 'A'
hereto, plans and drawings for an automobile agency. Written approval of
said plans and drawings by those persons and departments specified in Exhibit
'A', and the issuance of a building permit by CITY shall be required to permit
CASTLE to proceed with construction. Should any of said persons or depart-
ments specified in Exhibit 'A' hereto have objections to plans or drawings
submitted to them by CASTLE, their objections shall be detailed in writing
and delivered to CASTLE. CASTLE shall have thirty-five (35) days from date
of mailing by certified mail of such objections to amend and resubmit plans
and drawings.
(c) "Completion of construction" as that phrase is used in
this agreement shall mean completion as approved by the Building Inspector
of National City as evidenced by "signing off" the final inspection. Construction
of the agency buildings and improvements more fully detailed on the plans and
drawings described in paragraph (b) above, shall be completed within six (6)
months after i ss uance by CITY of a building permit and of all other final
written approval required to be given by CITY under paragraph (1) (b)
of this agreement.
(d) Upon completion of construction said deed shall be re -
delivered by the escrow holder to CASTLE.
(e) In the event CASTLE has not completed construction of
an automobile agency and improvements within the time limits hereinabove
expressed or within such extensions of time limits as may have been agreed
upon or granted by the CITY, then in that event the escrow holder is
authorized to record said deed with the Recorder of San Diego County. In
the event of and as a condition of said recordation, CITY shall be obligated to
refund to CASTLE the entire purchase price paid by CASTLE for the subject
property, less the following amounts;
1. Such amounts as are required to satisfy all
liens and encumbrances upon the property, including taxes, and
mechanic's liens which may attach to said real property by reason
of activity by CASTLE to improve said property, whether or not notices
of said liens have been recorded with the County Recorder.
2. The cost of a policy of title insurance in favor of the
CITY showing title invested in the CITY free of all liens and
encumbrances, including taxes and mechanic's liens.
3. Said sums as may be required in the opinion of
the CITY to cover any claims evidenced by legal proceedings or
otherwise which may be placed against the CITY or the property,
and which are not otherwise disclosed by the policy of title insurance,
and which have been caused by CASTLE, its agents or employees,
or its assignees.
4. A reasonable sum as attorney's fees, plus court
costs, in the event the CITY is involved in legal action or is required
to retain an attorney to enforce or defend this agreement or to rescind
this agreement, or to defend itself in any action initiated by CASTLE.
5. Any or all of the above amounts which shall
ultitna.tely be determined not to be owned by or to be the reaponeibility
Paafa m}_ n
of CASTLE shall be paid over to CASTLE upon such adjudication.
6. If construction is not completed within six months
after approval and issuance of a permit by CITY as provided in
paragraph 1 (b) of this agreement, a sum of $250. 00 plus $5. 00 per
day for each day after said six-month period until completion of
construction. If construction is never completed by CASTLE, and
the escrow holder records the deed pursuant to this paragraph (e)
a sum of $1, 000. 00. It is agreed that said sums shall be CITY's
sole remedy for money damages, that said sums are expressly
agreed to be liquidated damages and not penalties, it being presently
difficult to compute the exact amount of CITY's damages in the event
CASTLE does not complete construction within the time limits herein
specified, and that said amount is the most reasonable estimate
that the parties hereto can make of what CITY's damages would be.
(2) CITY shall forebear from further prosecuting its suit
against CASTLE to quiet title to said real property, Civil No. 292063, filed
in the Superior Court of the State of California for the County of San Diego on
June 25, 1965, and from instituting any other similar legal action against
CASTLE with respect to said real property, providing that and during such time
as CASTLE performs in accordance with this agreement. In the event CASTLE
completes construction as specified hereinabove, CITY agrees to file a dis-
missal with prejudice of Civil Action No. 292063 now pending in the Superior
Court.
(3) Upon completion of construction as determined under
paragraph (1) (c), CITY shall deliver to CASTLE for recording, a duly
authorized and acknowledged resolution of the City Council of CITY stating
that all conditions to conveyance of full, clear and sole title to said real
property to CASTLE imposed by CITY in its corporation grant deed, recorded
May 11, 1964, with the County Recorder of San Diego County, or elsewhere
have been satisfied and no longer exist.
Page Four
IN WITNESS WHEREOF, the parties have executed this agreement
on this 1st day of February , 1966.
Ric,iard E. Ga
Mayor of Natio
X
ty
Ione Mi ogue
City Cl rk of National City
CASTLE MOTORS, INC.
By:
STATE OF CALIFORNIA ]
COUNTY OF SAN DIEGO ]
On this J day o. 1966, before, the undersigned,
a Notary Public, personally appeared JAMES P. PELTIER and DONALD K.
McCREDIE, known to me to be the President and Secretary, respectively,
of CASTLE MOTORS, INC., a corporation, and acknowledged to me that
they executed the foregoing agreement.
mes P. Peltier
(v &U I
Donald K. McCredie
1 JOHN S. DAVIES
sen c , cars. pp
My Commk _. 29, 1968
STATE OF CALIFORNIA ]
]
COUNTY OF SAN DIEGO ]
ss.
ry Public in and for said County
and State
On this / day of-/ „ 1966, before me, the undersigned
Notary Public, personally appeared RICHARD E. GAUTEREAUX and IONE
MINOGUE, known to me to be the Mayor and City Clerk, respectively, o f
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