HomeMy WebLinkAboutRES NO 33-81RESOLUTION NO. 33-81
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD CONSENTING TO THE
PROPOSED ASSIGNMENT BY BAKERSFIELD COURTHOUSE
RACQUETBALL/HANDBALL COURTS OF ITS RIGHTS
AND OBLIGATIONS UNDER AGREEMENT 76-110,
AND AMENDMENTS THERETO, TO GANNON ENTERPRISES,
INC. AND RUDY KOCHEVAR.
WHEREAS, Agreement No. 76-110 entered between the City
of Bakersfield and, by assignment, Bakersfield Courthouse Racquet-
ball/Handball Courts, a limited partnership, provides that the
City Council must consent to any proposed assignment of said
Agreement; and
WHEREAS, Bakersfield Courthouse Racquetball/Handball
Courts have requested the consent of the City Council to the
proposed assignment of their rights and obligations to Gannon
Enterprises, Inc. and Rudy Kochevar; and
WHEREAS, Bakersfield Courthouse Racquetball/Handball
Courts have submitted the financial statements of Gannon Enterprises,
Inc. and Rudy Kochevar; and
WHEREAS, other required documentation will be supplied
by the assignors and assignees to the satisfaction of the City
Attorney.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
The City Council consents to the proposed assignment of
Agreement No. 76-110, and amendments thereto, from Bakersfield
Courthouse Racquetball/Handball Courts to Gannon Enterprises,
Inc. and Rudy Kochevar upon the following conditions:
1. The proposed assignee shall furnish to the City
Manager, in recordable form, an assumption of all the covenants,
conditions, terms and obligations of Agreement No. 76-110 and
amendments thereto.
2. A true copy of any and all notes, mortgages or
other obligations executed pursuant to this proposed assignment
shall be submitted for approval by the City Attorney.
3. Any notes, mortgages or other obligations executed
pursuant to this proposed assignment shall provide that the City
of Bakersfield shall have the right to purchase assignee's obliga-
tion without the payment of any prepayment penalty or other
penalties.
4. Any other documentation deemed necessary by the
City Attorney shall be submitted for approval by the City Attorney
prior to completion of the assignment transaction.
5. Within ten (10) days of the effective date of the
assignment, the assignor and assignee shall file with the City
Manager an executed written document notifying the City of Bakers-
field that the assignment transaction has been completed.
o0o.
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 20th day of May, 1981, by the
following vote:
AYES: COUNCILMEN: '8~l~kl, CHRISTENSEN, MEANS, pAYNE, pATTY, ROCKOFF, STRONG
NOES:COUNCILMEN: '~"'~
ABSTAINING: COUNCILMEN:
CI rk of
Council of the City of Bakersfield
the
~PPR~"Bo~'is 20th day of May, 1981
'A~tS~6~.5_' a~_t;o fo~:
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D',4-2 DTPUnDT') nDPount ~E'~ CTTy .,'.TTn.:~'=v ~,'Su ",I"iEDI":i'rLY RoT DLY
Ct'ff A~iORi'q. ZY'S OFFICE
W.U, 1201-SF (R5-89)
d
WIIAAAM F. BURKE
I)F. NNIS KUTTLI~R
RICI|ARI) I[. BEGUEL[N
BKB PARTNERS M/ R a 1 f981
3760 TEi, EGRAPH ROAD CI~ MANAGER'S OFFICE
VENTURA, CALIFORNL'~ 93003
March 30, 1981
(805) 62t~-8178
(808) 6~4-8174
Mr. Philip Kelmar
City blanager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Re:
Bakersfield Courthouse Racquetball/Handball Courts
Ground Lease Agreement No. 76-110 and Amendment
thereto Agreement No. 77-24
Dear Mr. Kelmar:
Under Article 13 "Assignments and Subletting" of the above-referenced
Ground Lease, request is hereby made for the City Council of the City
of Bakersfield to consent by an appropriate resolution to the assign-
ment of the subject Lease and ~aendment thereto to Messrs. Tim Gannon
and Rudy Kochevar. The Bakersfield Courthouse Racquetball/Handball
Courts, a limited partnership, has entered into a purchase contract
with Messrs. Gannon and Kochevar for the sale and transfer of the lease-
hold improvements, business operation and Lease.
Please accept this request as our filing for consent by the City at
the Council's next regular meeting.
I am enclosing copies of Mr. Kochevar's and Mr. Gannon's financial
statements, a resume of Rudy John Kochevar, Jr. and a statement from
Mr. Gannon regarding the purchasers' intent to operate the racquetball
center without fundamental changes in the basicprogram and services.
Should the City require Mr. Gannon's resume, please so advise and I
will have same forwarded to you prior to the Council meeting.
Should you require additional information prior to the Council meet-
ing, please so advise.
Thank you for your anticipated courtesy and cooperation in this matter.
DK:py
cc: Richard Oberholzer,
City Attorney VENTUlnA C(/)UI{TIIOUSE -- WES'F VAI,LEY COURTtlOUSE Kochevar
liAKEliSFIIH,I) COIIRTIIOIJSE--CAMAI{II, I,() COITRTIIOUSE-WI~STI. AKE COURTIIOIJSE
SAN LUIS OIlISP(.) (2()[JICI'II(3USE-I,()MI'O(~ C()URTHOIiSE-COUNTY CENTER OFFICES
cc: Richard H. BeOuelin
William g. Burke
cc: Messsrs. Gannon &
ESTATE PURE
,ASE CONTRACT ,b'
AND RECEIPT FO t _'EPOS T'
THIS I$ /~RE THAN A RECEI~ FOR MONEY. IT IS INTENDED TO BE A LEGALLY BINDING CONTRA~. BEAD-IT CAREFULLY.
~Sfie]a , ~liforn~a. ~h 12~ , 19
Received from Tim
heroin called Buyer, the sum of _.~'Q_J]~Z .... ~oHars $ 10 ~000.
evdenced by cash Q, cashier's check [3, or E3, personal check E_~ payable to~'k~sfiela COQ~-
~G~L~~] ] C~U'~S , to ~ held uncashed until acceptance of ti~s offer, as deposit on account of purchase price
~iqht H~ ~E%'-~.~ ~u~' Dollars S ~875 ~ 00O.
fcr the purchase of property, situated in ~s~e~d ---- County of ~ C31ih:,rn~
described as follows: ~ A~C~ ~t "A" ' '
1. Buyer will deposit in ~crow with ~ ~t V~t~8 __ the balance of purchase price
$Z05j 000. 00 ~sh, ~e~ ~ ~ a~ve de~ ~~ ~~5 ~s.~ o2
~Z~5, 000. 00 -- ~, ZoT Lt's T~'~%g ~Z~ce, Lo '~~ an a~T :z~.L~s~ve
a~ ~as~ 8~ m ~ ~o~ OZ $?~; 000.00 ~y~e as ~7~s:
" ~ ?12JLin~emest gO_principal_ balance to be.. paid in mon.tF,ty~ interest-cml~ pm~m~mts.
~ ~ ~idSri~c~~ts are ~ ~ dd~td fr~ ~ Nr~F~T~"i6~P[!6~F"'.{{;}i{6'zJ[~'
t "" '
.~~~'R~mfi Sl~l~g ~$t ,~t."~ ~ider [VBligZ '
~' ~ -,'RW~ ~~ ~ o~rate ~ ~n~p~ri%'~ ~ ~sjnesslLke ~a~er at all t~r~,
) - : , . -- . .......................................... --.._ ...................................................
Set forth above any term3 and conditions of a factual nature applicable to this sale. such as financmg, prior sa!e cf 31he, property, the
matter of ~tructural pest control inspection. repairs and personal property to be included in the sale.
2. Deposit will [] will not~ be increased by $ to $ within _ days
acceptance of this offer.
3. Buyer does Q does nOT~ intend to occupy subject property as his residence.
4. The supplements initialed below are incorporated as part of this agreement.
Other
Structural Pest Conwol Cortlfication Agreement __ Occupancy Agreement
~ Specie| Studies Zon~ Di~clc~sure , . VA Amendment
,, ~ FlOOd |n~ur,0nce Disclosure ~ FHA Amendment
X ' X , __
, , ,, , ,','
~HE STATE BAR OF CALIFORNIA IN FO~M ONLY NO REPRESENTATION IS MAOE AS TO :~TPPRO~LOF~ ~F~JPP'EMENTS THELEGA
VALIDITf OF ANY PROVISION OR THE ADEOOACY OF ANY PROVISION IN ANY' SP .' ,E T' kN ~ ' , r :~r ;' ~" ~'~ USED'I~ COMPLE~
, '/~ :~
' '~' -- The following terrr,' sd conditions am !-~ereby incorpora'~ed is d m~de a part of Buyer's Offer
," ~ } ' ~ days from ~iler's~cepT~ce ~h
,S I~~ days from ~ller's ac~ptance. E~r< to N paid as foHo~: - I ~ ~,
7, Title is to be free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller, o~her than ~;
following: -(1) Current property taxes, ]2) covenants, conditions, restrictions, and public utility easements of record~ if any, prowdee t~
tame do not adversely affect the continued use of the property for the purposes for ~ich it is presently ~ine usep~ unless reasonab
~ ,
disapproved by Buyer in writing within ~ days of receipt of a'current preliminary title report furnished a~ ~.~ S expens
and (3)
Sell~ shall furnish Buyer at expense a standard California Land Title Association ~ticV issued
' Company, showing btle vested in Buyer subject only to the above. If Seller (1) is unwilling or unab;e '
eliminate any title manor disapproved by Buyer as above, Seller may terminate this agreement, or (2) fails to deliver ti':;e as a~e, Buy,
,'? ' ':~ '~ 7~ ~. . '
may terminate this agreemere: in either case, the deposit shall be returned to Buyer .... ~,~ ,~-~ ~
8. Pro~rty taxes, premiums on insurance acceptable to Buyer, r~ts, interest. an~ S~.~ ].~- ~la~e ~ ~'
shall ~ pro-rated as of . - ~(b) Ci~ O~ es~
Any bond or assessment which is a lien shall ~ ~,d by__ ~11~ ~1 ]~ shall pay cost
transfer taxi, if any.
9. Pms~sion shall ~ delivered to Buyer (a) on cl~e of escrow, or~~~ days aher close of escn
or {c)
10. Units otherwise designated in the escrow instructions of Buyer, title Shall vest as follows:
~ ~on - ~ ~~, ~d/o~ ~
(The manner of taking title may have significant leVI and tax consequences. Therefore, give this matter serious coniidarati~.)
11. If Broker is a participant of a Board multiple listing service ("MLS"), the Broker is authorized to .report the ~ale, i~,s price, term':
and financing for the information, publication, dissemination, and use of the authorized Board roomers.
12. If Buyer fails to complete said putchic as heroin provided by reas~ of any ~fault of Buyer, ~ller sh~t b-
raced from his obligation to ~11 ~e pro~ to Buyer and may pr~d against Buyer u~n any clam oT re,
~i~ he may h~e in law or equiW; provided, however, that by placing their initials here Buyer: ( )
( ) ~r~ that Seller shall retain the ~sit as his liquidated dama~s. If ~e d~cri~ pro~ ~s a d,~l:,~:
~ no m~e than f~r uni~, one of whi~ ~e Buyer in~nds to o~upy as his resident, ~ller shall retain ~
dama~ ~e dep~it a~ually ~id, or an amount ~refrom, ~t more ~an ~ of the purch~e pri~ and promptly retu~
any e~ to ~yer.
13. If the only c~troversy or claim ~t~en the panics arises out of or relates to the disposition of the Buyer's deposit, sucf
~oversy or claim shall at the election of the parties ~ ~cided by arbitration. Such arbitration shall ~ determined in accordance witf
the Rules of the American Arbitration Ass~iation, and judg~nt upon t~ award rendered by the Arbitrator(s) may ~ entered in an'~ cour
h~in9 ~urisdi~ion ~ereof. The provisions of ~de of Civil Procedure Section 128305 shall ~ applicable to such arbitration.
14, In any ~tion or proceeding arising out of this agreement, the prevailing party shall ~ entitled to reasonable attorney's fees and c~ts.
15. Time is of the essence. All modifications or extensions shall be in writing signed by the parties.
16. This c~stitutes an offer to purchase the descri~ property. Unless acceptance is signed by ~ller and the signed copy delivered
Buyer, in person or by mail to the address below, within
returned. Buyer acknowledges receipt of a copy hereof.
Real Estate Broker
By
Address
Telephone
· ed and the deposit shall
· , ~ s v
Buy
Address
Telephone
ACCEPTANCE
_ Brokeris) and agrees to pay for seaices The sum o
(8) da the deed or other evidence of title, or (b) if completion of sale is prevented by default of ~ller, upon ~tler's default or
if CO~letion of sale is p~evented ~ default of Buyer, only if and when ~11~ collars damages from Buyer, bysuit or otherwise and then in
amount not less than one-half of the dama~s recovered, but not to exceed the above fee. after first deducting title and escrow expenses and
the ex~nses of collection. if any. In any action ~tween Broker and Sellcr'arising out of this agreement, the prevailing party shall ~ entitiee
tO remnable attorney~ fe~ and costs. The undersigned acknowledges receipt of a copy n~ oki z Br (s) T del iver a si~d coO'~ to Buyer
BrOker(s) agr~ to t~ foregoing. Broker ~ Broker ~ .
Dated: By Dated: ~'/J'~/ By
~ t~ fotmL Iddr~s Callforn~a Associateon of Re8ltOrse
5~ Sh~10 Place. Los ~n~, Ca,dorn,a 9~2~ (Rev,~d 197a} D-11-2 N~ S~S Pa~ ~ of ~ Pa~
"ADDENDUM 1."
(Continuation of Purchase Contract dated March 12, 1981)
Sale is subject toa
a. Buyers being accepted by the City of Bakersfield as
assignee under the existing Lease Agreement and its
amendments.
b. Buyer's review and approval, within' 14 days from opening
of escrow, of all LeaSe Documents and Amendments.
c. Buyer's review and approval,-within 14 days from°~pening
of escrow, of all financial records of said enterprise.
Said review to be conducted during normal business office
hours if reviewed on Seller's premises.
d. Buyer's reasonable assurance that the Alcoholic BeverAge
Control will grant an assignment or new on-sale beer
license to Buyer. Said assurance to be obtained by Buyer
within 30/days from opening 'of escrow.
e. Buyer's inspection and approval of physical plant to be
conducted within 14 days of opening of escrow in Concert~,
with Seller to minimize disruption of normal staff activitie=
Buyer realizes the Seller Limited Pa'rtners must approve this
sale transaction and agrees this approval is a Seller contingency
for 30 days after opening of escrow·
6. Tim Gannon is a licensed Real Estate Broker.
___to be paid to Gannon Enterprises on close of escrow.
5% of sales price.
Richard Oberholzer requested
that we file this document
with our original Resolution.
Carol 3-10-82