HomeMy WebLinkAbout1980-08-05; City Council; Resolution 6257RESOLUTION NO. 6257
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ACCEPTING
THE DONATION OF A BUILDING FROM SHAPELL
INDUSTRIES OF SAN DIEGO, INC. FORMERLY
USED AS A SALES OFFICE FOR THEIR MONARCH
HILLS PROJECT.
WHEREAS, Shape11 Industries of San Diego, Inc. wishes to
donate a building formerly iised as a sales office for their
Monarch Hills Project, subject to the terrrs and conditions of
a letter from shape11 to the Mayor and City Csuncil,
July 23, 1980, marked Exhibit A, attached hereto and made a
dated
part hereof; and
XHEREAS, the City Council wishes to accept this donation
pursuant to Sections 37354 and 37355 of the California Government
Code :
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2.
.
That the City Council has determined it is in the
public's interest to accept the donation of the building subject
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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
arlsbad City Council held on the 5th day of A9qus.t , 1980
ty the followirrg vote, to wit:
AYES :
NOES : None
Counci 1 Members Packard, Cas1 er , Anear and Kul chi n
YTTEST :
I
21
22
23
24
25
26
27
28
2.
I.
a
r)
Shape11 Industries
of Sun Diego, Inc.
A Subsidiary of San Diego, Caiiiornia 921 IO Siapell 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
RE: 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 sales
office at our Monarch Hills project.
The building will be available to you upon receipt %f 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 rembve 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
loss arising out of the removal or use of the building. The
City also agrees to rehove the building no later than September
1, 1980.
The City agrees dhat it shall accept the building "as is",
"where is", and that do warranties or representations (except
as to title in Shapell) have been by Shapellmade to the City
or relied upon by thelCity in its acceptance of the building.
If the foregoing meets with your approval, we would appre-
ciate your acknowledging your agreement below, aQd responding
, c
7. .. *' f" The Honorable Mayor &
Members of Carlsbad City Council
July 23, 1980
Page Two
with a confirming letter and appropriate
GLC:jh
Terms acknowledged and agreed to this sfh d.ay of fin, 1980.