HomeMy WebLinkAbout1968 Resolution No. 026I
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RESOLUTION NO. 26, SERIES OF 1968
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO INSTITUTE ARBITRATION PROCEEDINGS OR COURT SUIT, EITHER IN LAW
OR EQUITY, TO COMPEL THE PRESENT OWNERS OF THAT REALTY DESCRIBED IN
PEOPLE'S ORDINANCE NO. 3, SERIES OF 1964, AS AMENDED BY THE CERTAIN
INSTRUMENT DATED DECEMBER 1, 1966, AND RECORDED IN BOOK 1719 AT PAGES
372 THROUGH 376, TO CONVEY THE SAME TO THE CITY, AND TO OBTAIN AN
ORDER OR JUDGMENT AGAINST THE SAID PRESENT OWNERS, AND ALL OTHER PARTIES
LIABLE THEREFOR, FOR ALL DAMAGES AND EXPENSES SUSTAINED, OR TO BE SUS-
TAINED, BY THE CITY OF ENGLEWOOD, AS A RESULT OF THE PRESENT OWNERS'
BREACH OF THE PROVISIONS OF THE IEASE AND OPTION AGREEMENT REFERRED
TO IN THE AFORESAID PEOPLE'S ORDINANCE.
WHEREAS, by virtue of the provisions of People's Ordinance
No. 3, S<"'ri0s of 1<)(,4, lhr Cily of l~nglcwoocl, did, on the 24 th day of
November, 1964, enter into a lease agreement with C.A. Norgren Co.,
and
WHEREAS, the aforesaid lease agreement was amended by a cer-
tain instrument dated December 1, 1966 and recorded in Book 1719 at
pages 372 through 376, and
WHEREAS, the aforesaid lease agreement, by virtue of the
provisions of Paragraph 24 thereof, gave and granted to the City of
Englewood a right to purchase the realty and the improvements described
in said instruments, in accordance with the provisions of said
paragraph, and
WHEREAS, the City Council of the City of Englewood has
heretofore enacted Ordinance No. 5, Series of 1968, directing that
notice of the exercise of the aforesaid option to purchase be given
to the present owners and all other parties having an interest therein,
and,
WHEREAS, The May.or and City Clerk of the City of Englewood
have heretofore given proper notice to the aforesaid present owners
of the City's exercise of this option, whi~h notice set the date for
closing of title upon said transaction for May 31, 1968, and
WHEREAS, under date of May 27, 1968, the present owners
refused to convey said realty and improvements,and
WHEREAS, the City Council of the City of Englewood is of
the opinion and verily believes that the said owners have no basis,
either in law or in fact, to refuse to convey the aforesaid realty
and improvements to the City of Englewood, and
WHEREAS, the City Council is of the opinion and verily
believes, that the refusal to convey said realty and improvements
will cause damage to the City of Englewood in the approximate amount
of $50,000,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, as follows:
That the City Attorney of the City of Er)glewood is hereby
authorized and directed to take such steps as may be necessary or
dcsir~bl0 , jnclu<ling, wjth o u l limitation, t he institution of arbitra-
tion proceedings, the institution of suit in any court of competent
jurisdiction , whether i n law or i n equit y, or in both, and t h e institu-
1 ion or dc•f•·nec• of .my ·•l'I'''·•' I 1 0111 .any J l"uiLrJLlon a ward or court
decision, to obtain a final order, iudgment or decree which would bn
l O<jd 1Jy t.?llfUl<..!t'HUlU c_Hld IJl11tJl11q UfJUtl all parties interested , compclli nq
th<' r>r<'s<'nt nwn<'r~ nr .,nv n th rq· p.trly 11.,vi11q :-tl1 intnrnril i11 l 'l1 n ,_111 'l1jn1•I
•~·.1ll y .111d l111p1uvc1111·11 1 :1 , t u i..:u 11v e y ll1 e same to the City o f Englewood
pursuant to the previous notic e of e xercise of its option to purchase
nd in a ccordancf• wj U1 Llw p ru vlulonH of the hereinabove described
amcndC"d ]P ~AC ;ind np t inn ;tqr,-.nmnt,f :lnrl r'0lllpP l 1 inq th o P:li11 l•l'opo1tf
.. ,,·11 n 1 a , n11d n11 r .. 11ic1 t•n1 I )' l r:•jrtl Ly l .ldble LO the <.:ity, to pay to
the City all damages which have been, or may be, sustained by the City
as a result of the aforesaid refusal to convey, including all neces-
sary arbitration or court fees, costs and expenses.
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