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HomeMy WebLinkAbout1980-08-19; City Council; 6287-1; Acceptance Donation Shapell Sales Officev o CITY OF CARLSBAD. AGENDA BILL NO. (fi &)ST- ~&~~Q~,,,+~~J e-/ Initial: 4 - YV Dept ,Hd. - DATE: n.uguqt 19 1981) C!. Atty. A \ C. Mgr. p! ..e DEPARTMENT - itv - Attorn ev - Subject: ACCEPTANCE OF DONATION OF SHAPELL SALES OFFICE - __ Statement of the Matter -_- The City Manager has asked that our office prepare a resolution accepting the donation by Shape11 Industries of San Diego, Inc. of a building formerly used as the accepting the donation and agreeing to the terms contained in Shapell's letter of July 33, 1980 is attached. sales office at their Monarch Hills prsject. A resolution Exhibit Resolution NO. - & ;IS 7 . Recommendation If the City Council wishes to accept the donation subject to the terms and conditions contained in Shapell's letter dated July 23, IL980, your action is to adopt Resolution NO. b2-3-7. Council Action: 8-5-80 Council adopted Resolution 6257. - %/ r 1 2 3 4 '5 6 7 8 9 10 11 0 12 a .' 2a OD 13 %Q, o, oLCwQ: no=$ 14 22 $0 0- 6: 1.5. kt 00 d 16 5ZNS 17 ze y au zt u 18 19 20 21 22 23 :o.,:: wo >t- LL u 24 25 26 27 28 0 0 RESOLUTION NO. 6257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIP,, ACCEPTING THE DONATIGN OF A BUILDIKG FROM SZAPELL INDUSTRIES OF SAN DIEGO, INC. FCMRLY USED AS A SALES OFFICE FOR THEIR MONARCH HILLS PROJECT. WHEREAS, Shape11 Indastries of San Diego, Inc. wishes ti donate a building formerly used as a sales office for their Monarch Hills Project, subject to the terrrs and conditions o a letter from shape11 to the M=yor and City Council, dated July 23, 1980, marked Exhibit A, attached hereto and made a part hereof; and KHEMAS, the City Council wishes tc! accept this donatio] pursuant to Sections 37354 and 37355 of the California Gover: Code; NOW, THEREFORE, BE IT RESOLYED by the City Coun'cil of t City of Carlsbad as follows: P. That the above recitations are true and correct. 2. . That the City Council has determined it is in the 1 public's interest to accept the donation of the building sub to said terms and conditions. 3. That the Mayor is hereby authorized to acknowledge acceptance and agree to the terms on behzlf of the City of Carlsbad by signing at the appropriate place on Exhibit A. /// /// /// /// /// I * -/’ l. 2 3 4 5 6 7 8 9 10 11 12 rn 3 g 13 us g ZYWS 14 oo=z 2 zg gc 2.~ 15 *G -1 & I 36 g>wgo; 16 gg22 zo w >E 2 17 aa 18 >o k 19 20 21 22 23 24 25 26 27 28 CII Q wo u 0 0 PASSED, APPROVED AND ADOP’ED at a regular meeting of the Carlsbad City Council held cn the 5th day of Agqust , 191 by the followinq vote, to wit: AYES : Council Members Packard, Casler, Anear and Kul chi n NOES : None ABSENT : Counci 1 Member Lewis ~~&LdZ/d -- &?+- RONALD C. PACKAKD, Mayor ATTEST : ALETI-IA L. FCAUTENKRANZ, City ClerkJ (SEAL) ‘-4 i * 2. EXH@T A TO JXTY-'COUP / rb RESOLUTION Nb. 6257' 0 I* / \ i- I. \-. ', (:[ \ /I i '/I I ( Shapell Industries of San Diego, Inc. A Subsidiary of 3272 Rosecrahs :Stre* San Diego, California 9nYO Shapell Industries, inc. (714) 222-0345 July 23, 1980 The Honorable Mayor & Members of Carlsbad City Council 1200 Elm Carlsbad, California 92003 Attention: Frank Aleshire, City Manager R?3: Donation of Sales Office at Monarch Hills Dear Mr. Aleshire: Shapell Industries of San Dieqo, Inc. is pleased to offer to the City of Carlsbad, the building formerly used as the sale office at our Monarch Hills project. The building will be available to you upon receipt of a confirming letter and appropriate Resolution of acceptance. Shapell will give title to the building to the City of Carlsbad by signed Bill of Sale at the time the City takes pos- session and control. The City will remove the building at its own expense, as- suming all liability of removal. The City agrees that it will indemnify and hold Shapell harmless from any and all claims or City also agrees to remove the building no later than Septembe~ 1, 1980. . loss arising out of the removal or use of the building. The The City agrees that it shall accept the building "as is", "where is", and that no warranties or representations (except as to title in Shapell) have been by Shapell made to the City or relied upon by the City in its acceptance of the building. If the foregoing meets with your approval, we would appre. ciate your acknowledging your agreement below, and responding b m 0 The Honorable Mayor & Members of Carlsbad City Council July 23, 1980 Page Two with a confirming letter and appropriate R so tion. /yp,J fi / Gart ;&// Chambers i/ Pr e gid en t GLC: jh Terns acknovledged and agreed to this 5+h d.ay of AUGUST I 1980. BY: jg%&#+TL5-2- / 6-7~~’~ M 4YoG 0 * TELEP 1200 EM AVENUE CARLSBAD, CALIFORNIA 92008 (71413.: ditp sf ~~~~~~~ August 77, 1980 Shape11 lndustries 3272 Rosecrans San Diego, CP. 92110 The Carlsbad City Council, at its meeting of August 5, 1980, adopted Resoluti\on No. 6257, accepting the donation of a building from your company, formerly ifsed as a sales office for your Monarch Hills project, Enclosed for your records and information please find a copy of the above referenced resolution. s a!L.z%L/ ALETHA L. RAUT City Clerk ALR;krs Enclosure