HomeMy WebLinkAboutReso 91-312 - Approve subtenancy agreement between the COR, William A Camery & Bruce Galloway dba National Car Rentals & Sublease between Camery, Galloway at RMA 0
i RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE SUBTENANCY AGREEMENT BETWEEN THE CITY OF
REDDING, WILLIAM A. CAMERY AND BRUCE R. GALLOWAY, DBA
NATIONAL CAR RENTALS; AND THE SUBLEASE AGREEMENT BETWEEN
WILLIAM A. CAMERY AND BRUCE R. GALLOWAY, DBA NATIONAL
CAR RENTALS; AT REDDING MUNICIPAL AIRPORT AND AUTHORIZ-
ING THE MAYOR TO SIGN THE SUBTENANCY AGREEMENT.
WHEREAS, William A. Camery, wishes to sublease a portion of
his ground leasehold at the Redding Municipal Airport to Bruce R.
Galloway, dba National Car Rentals; and
WHEREAS, the sublease is in accordance with the Lease as
entered into on March 3 , 1975 , between the City of Redding and
Robert B. Keeline, Frederick H. Pizzi and Charles C. Young III , and
subsequent assignments to Charles C. Young III , Sacramento Savings
Bank, and William A. Camery; and
WHEREAS, effective January 15 , 1991 , the City of Redding
consented to the assignment of the Lease dated March 3 , 1975 and all
Amendments thereto, from Sacramento Savings Bank to William A,
Camery; and
WHEREAS, as a condition of said assignment, William A. Camery
agreed to provide a sublease agreement between he as Lessee and
National Car Rental as Sublessee to the City for its approval of
same; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
1 . That the City of Redding hereby consents to William A.
Camery subletting a portion of his ground leasehold to Bruce R.
Galloway, dba National Car Rentals upon the terms and conditions set
forth in the documentation attached hereto and incorporated herein
(hereinafter collectively referred to as "Documents" ) , for a period
of time not to exceed the term specified in said Documents;
i
PROVIDED, however, that the consent by the City of Redding to said
subletting shall in no way release William A. Camery from his
liability under said Documents and his contractual obligations with
the City of Redding, and the City of Redding shall have all rights
against William A. Camery and Bruce R. Galloway, dba National Car
Rentals in the event of a default under said Documents as the City
would have had in the event it had not consented to the sublease
between William A. Camery and Bruce R. Galloway, dba National Car
Rentals.
2 . That the Mayor of the City of Redding, on behalf of the
City of Redding, is hereby authorized and directed to sign the
Subtenancy Agreement between the City of Redding (Lessor) , William
A. Camery (Lessee) and Bruce R. Galloway, dba National Car Rentals
(Sublessee) , a copy of which is attached hereto as part of the
Documents; and the City Clerk is hereby authorized and directed to
attest the signature of the Mayor and to impress the official seal
of the City of Redding.
3 . That the City of Redding hereby approves the Sublease
Agreement between William A. Camery and Bruce R. Galloway, dba
National Car Rentals, a copy of which is attached hereto as part of
the Documents, finding that it satisfies the terms and conditions of
the Ground Lease between the City of Redding and William A. Camery.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 6th: day of August 1991, and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Buffum, Fulton & boss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
Charlie IToss, Vice !4ayor
City of Redding
ATTEST: FORM PPROVED:
HET, A. NICHOLS, City Clerk R DALL A. HA City Attorney
SUBTENANCY AGREEMENT
THIS AGREEMENT, made this day of 1991 , by and
between the CITY OF REDDING, a Municipal Corporation and General Law
City, first party, herein called "Lessor" ; WILLIAM A. CAMERY, second
party, herein called "Lessee" ; and BRUCE R. GALLOWAY, dba National Car
Rentals, third party, herein called "Sublessee. "
RECITALS:
Lessor, by Consent to Assignment of Lease dated the 3rd day of
March 1975 , and all Amendments thereto, leased to Lessee certain
premises of Lessor on the Redding Municipal Airport, County of Shasta,
State of California.
Said Lease is now in full force and effect and by this reference
made a part of this Agreement. Said Lease provides that Lessee shall
not underlease or sublet said premises, or any part thereof , or assign
said Lease or any interest therein, without the written consent of
Lessor.
Lessee and Sublessee desire that Lessor consent to a sublease of
the whole of said premises, or the portion thereof indicated on the
attached print as "Lease" and hereinafter referred to as "Sublease. "
AGREEMENT:
1 . Lessor hereby consents to said Sublease, provided that
Sublessee shall be bound by each and every covenant and condition
contained in said Lease.
2 . Sublessee shall perform all the covenants and conditions
contained in said Lease to be performed by Lessee (except, however,
the payment of rental to be made by Lessee to Lessor) , and hereby
agrees to be and is bound by each and every covenant and condition
contained in said Lease.
In the event the Sublease covers only a portion of said premises ,
the obligation of the Sublessee to perform the covenants and condi-
tions in said Lease shall apply only to the portion of the said
premises occupied by Sublessee.
3 . Neither the subleasing of said premises nor anything
contained in this Agreement shall release Lessee from its obligation
to perform and be bound by all of the covenants and conditions
contained in said Lease.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in quadruplicate the date and year first herein written.
LESSOR
MIKE DAHL, Mayor
City of Redding
LESSE
LLIAM A. RY
SUBLESSEE
BRUC R. ALLO
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