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HomeMy WebLinkAbout1979-163 .-",;a!.~::~~~L~~~~';,~~~-m~~,:~T-f:::::,_ _~~'11 ~ -~_. . ."!~li!1iP1l .......,7.'I!"-"3lI!'~,f;:'2-'_ . .' 1 RESOLUTION NO. '79'-1 ~ :5 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ASSIGNMENT OF THE INTEREST OF SAID CITY AND THE REDEVELOPMENT 3 AGENCY OF THE CITY OF SAN BERNARDINO IN A SIGN LEASE TO ROGER HARMON MOTORS, INC. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 authorized and directed to execute on behalf of said City an 8 assignment with Roger Harmon Motors, Inc. relating to a sign 9 lease, a copy of which is attached hereto, marked Exhibit "A" and 10 incorporated herein by reference as fully as though set forth at 11 length. 12 I HEREBY CERTIFY that the foregoing resolution was duly ';13 aIlIopted by the Mayor and COIllIllon Council of the City of San 14 Bernardino at a /?If'/JOJ day of c~ meeting thereof, 15 held on the Jt/i. , , 1979, by the follow- 18 ing vote, to wit: AYES: Councilmen. LJ A L "L Q1-l J" /1 - J /.../- . J.U''f::ii:: 't'~~~;~ NAYS: '/1/IAt?./ l6 ,17 19 20 ABSENT: 7; /IA.R. ./ 21 24 of The foregoing , 4Ju;( ~/7~h~~A/; /' C1 ty Clerk resolution is hereby approved this c:??J7K , 1979. day 22 23 Approved as to form: 25 26 27 28 ;-(--.~ , ASSIGNMENT OF LESSOR'S INTEREST IN SIGN LEASE This assignment is made and entered into this ~otl day of ~~. , 1979, by and between the City of San Bernardino, a municipal corporation, hereinafter called "Assignor", and Roger Harmon Motors, Inc., a California corporation, hereinafter called "Assignee". WITNESSETH: WHEREAS, concurrently herewith Assignor is leasing to . Assignee a certain parcel of real property pursuant to a document between them, herein called the "basic lease"; and WHEREAS, Assignor is currently the lessor of a certain sign lease, a copy of which is attached hereto as Exhibit "111; and WHEREAS, Assignor and Assignee desire to have Assignee solely responsible for the whole of said premises pursuant to the basic lease including the rights of lessor under said sign lease, NOW, THEREFORE, in consideration of the entering into of the basic lease and the agreement hereinafter set forth of Assignee to pay over to Assignor any and all rents received from lessee of the sign lease, the parties mutually agree as follows: 1. Assignment. Assignor hereby grants, transfers, and assigns to Assignee all of the right, title, and interest of Assignor in and to that certain sign (Exhibit "I"). Said assignment is for the term of the base lease between Assignor and Assignee of the subject premises. 2. Rents. For so long as Assignee is in occupancy of the premises leased from Assignor and/or is obligated on the El.jl,l,if " .!' ~ l~l l LJ1 1.... ., basic lease, Assignee shall collect any and all rents as required under the sign lease and, within ten (10) days after actual receipt, pay over any and all such rents to Assignor. 3. Assignee's Obligations Under Sign Lease. Assignee shall be obligated to perform any and all of Assignor's obligations as lessor under the sign lease throughout its term in accordance with the provisions thereof, and shall hold Assignor harmless therefrom throughout the term of this Assignment. 4. Assignee's Rights Under Sign Lease. Assignee shall have any and all rights of Assignor as lessor under the sign lease, including lessor's rights of termination and/or to refuse to extend said sign lease in accordance with the terms of said sign lease. 5. Reversion to Assignor. Upon any termination of the basic lease, any and all rights as lessor under the sign ----------------------------------------------------------- -2- ., lease shall revert to Assignor, and Assignee shall execute any appropriate instruments to evidence said fact. IN WITNESS WHEREOF, the parties hereto have executed this lease on the date first hereinabove written. ASSIGNOR ~#Y/~~ e1ty Cler By ATTEST: as to REDEVELOPMENT AGENCY OF OF SAN BERNARDINO, C By Secretary Wm. A. Flory, Counsel ASSIGNEE ROGER HARMON MOTORS, INC. By/' ,,"- PresJ.dent -3- l