HomeMy WebLinkAboutRES NO 28-85P~SOLUTION NO.
28-85
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING THE PARTIAL ASSIGNMENT
OF LEASE AGREEMENT NO. 76-110 (BAKERSFIELD
COURTHOUSE RACQUETBALL COURTS) TO GANNON
ENTERPRISES, INC., SME EXECUTIVE MANAGEMENT,
INC. AND YVONNE ETCHEVESTE AND APPROVING
IMPROVEmeNTS TO THE LEASED PROPERTY.
consent,
the
and
WHEREAS, Lease Agreement No. 76-110 provides that the
bv resolution, of the City Council to any assignment of
above-described lease is necessary to effect an assignment;
WHEREAS, Gannon Enterprises, Inc. and Rudy Kochevar
wish to assign their interest in the lease to Gannon Enterprises,
Inc., SME Executive Management, Inc. and Yvonne Etcheveste and
have filed a written request for such consent; and
WHEREAS, SME Management, Inc. and Yvonne Etcheveste
submitted documentation concerning their financial condition;
and
WHEREAS,
by said assignees
WHEREAS,
other required documentation will be supplied
to the satisfaction of the City Attorney; and
certain additional improvements to the leased
property, as specified in section 3.01 of "AGreement NO. 85-29 ,
Amendment to Agreement No. 76-110" have been made.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
A. The City Council approves the improvements made to
the leased property.
B. The City Council consents to the proposed assignment
of Agreement No. 76-110, and amendments thereto, from Gannon
Enterprises, Inc. and Rudy Kochevar to Gannon Enterprises and
Yvonne Etcheveste upon the followinq 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 anv 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
obligation without the payment of anv orepayment penalty or other
penalties.
4. Any other documentation deemed necessary by
the City Attorney shall be submitted for approval by the Citv
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
Citv Manager an executed written document notifying the City of
Bakersfield that the assignment transaction has been completed.
.......... o0o ..........
RMS:mro
2-12-85
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I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at
regular meeting thereof held on the 27th day of February ,
by the following vote:
a
1985,
AYES COUNCILMEN.BARTON, CHILDS, CHRIS,T;ENSEN+ DICKERSON, MOOR
CITY CLFFRK and Ex Officio Clerk-of the
Council of the City of Bakersfield
APPROVED this 2?th day of February
MAYOR of the City of Bakersfield
, 1985
APPROVED as to form:
CItY ATTOt~ft~Y-of t~c~City of Bakersfield
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