Resolution 444
RESOLUTION NO. 444
WHEREAS, STUBNITZ GREENE CORPORATION, a corporation,
of Adrian, Michigan, has presented to the City of Gilroy an
agreement for execution which has already been executed by said
corporation covering the sale and purchase of a four (4) acres
portion of the 7.60 acre tract of land lying along Swanston lane
in the City of Gilroy, known as the Gymkanha Grounds, belonging
to the City of Gilroy; and
WHEREAS, paragraph 7 of said agreement as written has
a patent ambiguity which should be corrected; and
WHEREAS, the said City of Gilroy is willing to execute
the said agreement provided that said paragraph 7 is re-written
so that it will read as follows:
(7) If the party of the second part does not construct
and operate a plant in accordance with the representations
hereinbefore set forth made by it and within the time limit
hereinbefore mentioned, the party of the second part shall
immediately re-convey the said premises purchased by it
to the party of the first part for the sum of $3,000.00,
providing that party of the first part has not removed
buildings, grandstand, fences and other structures now on
the premises or any portion thereof; it is further agreed
that in the event that the party of the second part does
not construct and operate a plant in accordance with the
representations hereinbefore set forth made by it and within
the time limit hereinbefore mentioned, and the party of the
first part shall have removed any portion of the improvements
on the premises, the party of the first part will be entitled
to retain the entire $4,000.00 purchase price paid for said
premises as damages for the breach of this agreement by the
party of the second part, the parties hereto agreeing that
it would be impossible to determine or assess the actual
damages.
NOW, THE REF 0 R E, BE IT RESOLVED by the Common
Council of the City of Gilroy that the City of Gilroy does hereby
approve the said agreement with the inclusion of the aforesaid change,
and that the Mayor of the City of Gilroy is hereby authorized to
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execute the said agreement on behalf of the City of Gilroy subject
to the said revision of said paragraph 7.
PASSED and ADOPTED the 11 day of September, 1957, by
the following vote:
AYES:
Councilmen Carl W. Pate. C. M. Rush. Kenneth
Petersen, Everett Wentworth, Sig Sanchez
Councilmen None .
NOES:
ABSENT:
Councilmen Charles Gallo
APPROVED:
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Mayor
ATTEST:
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City Clerk