HomeMy WebLinkAboutReso. 1989-360 - Approving the assignment and assumption of the lease agreement with the city of redding 1
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RESOLUTION NO. J9'-j6O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE ASSIGNMENT AND ASSUMPTION OF THE LEASE
AGREEMENT WITH THE CITY OF REDDING DATED FEBRUARY 17 , 1989 ,
AS AMENDED, FROM WESTMARC COMMUNICATIONS, INC. , A NEVADA
CORPORATION, TO ITS WHOLLY-OWNED SUBSIDIARY, WESTERN
TELE-COMMUNICATIONS, INC. , A DELAWARE CORPORATION, AND
AUTHORIZING THE CITY MANAGER TO SIGN THE CONSENT OF
LANDLORD.
WHEREAS, on February 17 , 1987 , City Council adopted
Resolution No. 87-42 approving the Lease Agreement between the
City of Redding as Lessor and Western Tele-Communications, Inc. ,
a Nevada Corporation, as Lessee; and
WHEREAS, on March 2 , 1987 , City Council adopted Resolution
No. 87-56 approving a modification to paragraph 3 of said Lease;
and
WHEREAS , in June of 1988 , Western Tele-Communications, Inc . ,
a Nevada Corporation (Lessee) , changed its name to Westmarc
Communications, Inc . , a Nevada Corporation (Lessee) ; and
WHEREAS, Westmarc Communications, Inc. , a Nevada Corporation
(Lessee) , formed a wholly-owned subsidiary, Western Tele-
Communications, Inc. , a Delaware Corporation; and
WHEREAS , Westmarc Communications, Inc. , a Nevada Corporation
(Lessee) , wishes to assign its interest in the February 17 , 1987 ,
Lease with City, as amended, to its wholly-owned subsidiary,
Western Tele-Communications, Inc. , a Delaware Corporation;
NOW, THEREFORE , IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
1 . That the City Council of the City of Redding hereby
approves the Assignment and Assumption of the Lease with the City
of Redding dated February 17 , 1989 , as amended, from Westmarc
Communications, Inc. , a Nevada Corporation, to its wholly-owned
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subsidiary, Western Tele-Communications, Inc. , a Delaware
Corporation.
2 . That the City Manager of the City of Redding is hereby
authorized and directed to sign the Consent of Landlord to said
assignment on behalf of the City of Redding, and the City Clerk
is hereby authorized and directed to attest the signature of the
City Manager and to impress the official seal of the City of
Redding.
3 . That a true copy of said Consent of Landlord is
attached hereto and incorporated herein by reference.
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 17th day of October , 1989 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS : Buffum, Dahl , Fulton, Johannessen, & Carter
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS : None
ZAO
SCOTT CARTER, Mayor
City of Redding
ATTEST:
ACIO.
ETHEL A. NICHOLS , City Clerk
APP ED:
‘Ikir.414,60 /°e42
RANDALL A. HAYS , Ci y Attorney
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File No. 0367-2
CONSENT OF LANDLORD
This Consent of Landlord ("Consent") is executed in connection with a certain
it
Assignment and Assumption of Leases, dated as of the 1st day of July, 1988, by and between
WestMarc Communications, Inc., a Nevada corporation ("Assignor"), and Western Tele-
Communications, Inc., a Delaware corporation (the "Assignment").
City of Redding, as landlord ("Landlord") under the lease described in Exhibit A to
this Consent (the "Subject Lease,"which term includes any modifications and amendments thereto),
hereby consents to the assignment and assumption of the Subject Lease pursuant to the
Assignment, notwithstanding any provision in the Subject Lease to the contrary.
By its execution hereof, Landlord warrants that it has the authority to execute this
Consent and that Landlord shall be bound hereby.
This Consent is made expressly contingent upon the fact that Assignor is not hereby
released from its obligations under the Subject Lease.
Neither the request for consent nor the giving by Landlord of this consent, which
consent might not be specifically required under the Subject Lease, shall entitle the Landlord to I.
any other or future right to consent or otherwise approve or disapprove of any action in the same,
similar, or other circumstances, unless such right is provided for in the Subject Lease.
DATED the 17th day of October , 1989.
LANDLORD:
[SEAL]
City of Redding
I ATTEST:
By: By: _
Title: City Clerk - Ethel A. Nichols Title:
F APPROVED
CITY LEGAL DEPT.
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ACKNOWLEDGEMENT
(Use if Landlord is a Corporation)
STATE OF )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1989, by as
and as , of
a corporation.
WITNESS my hand and official seal.
My commission expires
Notary Public
[SEAL]
ACKNOWLEDGEMENT
(Use if Landlord is an Individual)
STATE OF )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1989, by
WITNESS my hand and official seal.
My commission expires
Notary Public
[SEAL]
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•
ACKNOWLEDGEMENT
(Use if Landlord is a Partnership)
STA LE OF )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me the day of
, 1989, by as general partner of
a partnership, on
behalf of the partnership.
WITNESS my hand and official seal.
My commission expires
Notary Public
[SEAL]
ACKNOWLEDGEMENT
(Use if Landlord is a Joint Venture)
STATE OF )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1989, by as joint venturer of
, a joint venture, on behalf
of the joint venture.
WITNESS my hand and official seal.
My commission expires
Notar Public
[SEAL]
-3-
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ACKNOWLEDGEMENT
(Use if Landlord is a Trust)
STA 1h OF )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1989, by as Trustee of
a trust. ;
WITNESS my hand and official seal.
My commission expires
•
Notary Public
[SEAL]
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File No. 0367-2
EXHIBIT A
to
Consent of Landlord
The Subject Lease:
The Lease Agreement, dated February 17, 1987, entered into by and between the
City of Redding, as landlord, and Western Tele-Communications, Inc., as tenant, for certain
premises described as:
Commencing at the Southwesterly corner of Lot 22 of the Fern Addition to the City
of Redding, as shown on that certain map recorded in Book of Old 'Plats at Page
38, Shasta County Records; thence, N. 22'01'00" E. , 250.00 feet, on and along the
westerly line of said Lot 22 and its northerly extension; thence, leaving said
line, S. 67'59'00" E. , 228.00 feet to the point of beginning; thence, running the
following bearings and distances: N. 22'01'00" E., 20.00 feet; thence N. 67'59'
00" W., 20.00 feet; thence S. 22'01'00" W. , 20.00 feet; thence S. 67'59'00" E. ,
20.00 feet to_the point of beginning.
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