Resolution 448
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RESOLUTION NO. 448
WHEREAS, the City of Gilroy and STUBNITZ GREENE CORPORATION,
a corporation, of Adrian, Michigan, have entered in negotiations for
the sale to said corporation of a portion of the premises located on
Casey Lane in the City of Gilroy, generally known as the Gymkhana
Grounds, and the said Stubnitz Greene corporation has heretofore sub-
mitted to the City of Gilroy an agreement covering the purchase of the
said premises and said agreement was approved by the Common Council
of the City of Gilroy with the exception of the seventh paragraph or
section: and
WHEREAS, the City;of Gilroy did heretofore and on the 11 day of
September, 1957 adopt Resolution No. 444 approving the said agreement
and authorizing the Mayor of the City of Gilroy to execute the same
if and when said paragraph 7 was modified and changed as in said
Resolution provided: and
WHEREAS, the said Stubnitz Greene Corporation has declinedtto
accept the proposed modification of the aforesaid paragraph or section
7, but has requested the City of Gilroy to execute this agreement as it
was written except as hereinafter set forth: and
WHEREAS, the Common Council of the City of Gilroy has reconsid-
ered the matter of the changing or modification of said paragraph or
section 7 of said proposed agreement and has determined that there is
no necessity for said modification or change, and that the said
agreement should be executed by the City of Gilroy: and
WHEREAS, the City of Gilroy has requested that there be
included in the said contract a section to be known as paragraph
7-a. to read as follows:
(7-a.) The provisions of paragraph (7) above shall not
effect any provision of paragraph (9) hereinafter set forth.
and it appears that the words "Party of the first part" as set forth
on the fourth line of the second paragraph of the fifth section of
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the said agreement should be "party of the second part" and the said
Stubnitz Greene Corporation has agreed to the aforesaid changes:
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Now, The ref 0 r e , BE IT RESOLVED by the Common
Council of the City of Gilroy that the said Resolution No. 444
adopted on the said 11 day of september, 1957 be and the same is
hereby rescinded and declared of no effect: and
BE IT FURTHER RESOLVED that the provision hereinbefore
designated as section 7-a. be and the same shall be included in and
become a part of the aforesaid agreement, and the said words "party
of the first part" on the fourth line of the second paragraph in
section 5 shall be changed to read "party of the second part," and
that with the said changes, the said agreement shall be executed on
behalf of the City of Gilroy as heretofore presented.
PASSED AND ADDOPTED THIS 7 day of October, 1957 by the
following vote:
AYES: COUNCILMEN Pate, Sanchez, Gallo, Petersen
NOES: COUNCILMEN none
ABSENT: COUNCILMEN Rush, itJentworth
ATTEST:
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G. E. CARR, City Clerk
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