HomeMy WebLinkAboutRES NO 33-81 (2) ,PRecorded at the request of
SAFECO TITLE iNSURANCE ~
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SAF. E:C~
.... ~ Ti]'LE iNSURANCE CO/v~PANy
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CHESTER AVE., P. O. BOX 1845
~AKERSFIELD., CALIFORNIA 93303
PHONE: 327-5251
RESOLUTION NO. 33-81
A RESOLUmION OF THE CITY COUNCIL OF THE
CZ2Y OF BAXBRS~ZSSD CONS,gN%'!NC TO ~a~ .... -- -'-,",
PROPOSED ASSIGN~,IENT BY BAKERSFIELD COURTHOUSE
RACQUETBA[..E/H/~NDBAL[, COURTS OF ITS RIGHTS '-
AND OBLIGATi[OF~S UNDER AGREEMENT 76-110,
AND AMEND.~IENTS THERETO, TO GANNON EbITERPRISES,
INC. AND RUDY KOCHEVAR.
WIIEREAS, Agreement No. 76-110 entered between the City
of Bakersfield and, by assignment, Bakers field Courthouse Racquet-
ball/Handball Courts, a limited partnership, provides that the
City Council must consent to any proposed assignment of said
Agree.,7:en t; and
WI-I}~',EAS, Ba~ersfield Courthouse Racquetbaii/Handbal. 1
Courts have requested the consent of the City Council to the
proposed assignment of their rights and obligations to Gannon
Enterprises, inc. and Rudy Kochevar; and
WHEREAS, Bakersfield Courthouse Racquetba!i/Handball
Co~2rts have submitted the fj. nancia! s~.atements of Gannon Enterprises,
Inc. and Rudy Kochevar; and
WHEREAS, other required documentation will be supplied
~-~,-the a~-signors and as.sianees to the ~a~isfaction of_.the City
At'torney.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
The City Council consents to the proposed assignment of
Agreement No. 76-110, and amendments thereto, from Bakers field
Courthouse Racquetbail/Handball Courts to Gannon Enterprises,
Inc. and Rudy Kochevar upon the following conditions:
1. The proposed assignee shall furnish to the City
-Man-ager, in'recordable form; an assumption of all' the covenants,
conditions~ terms and',~obligations of Agreement No. 76-i10 and
amendments thereto.
eoo :5383 854
2. A true copy of any and all notes~ mortga. ges or
other oblig_a~ions 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 obliga-
tion without the payment of any prepayment penalty or other
penalties.
4. Any other documentation deemed necessary .by the
City Attorney shall be submitted for approval by' the City Attorney
prior to completion of the assignment transaction.
"5. 'Within ten (10) days of the effective da't'e of the
assignment, the assigno~ and assignee shall file with the City
Manager an executed written document notifying the City of Bakers-
field that the assignment transaction has been completed.
o0o
Booi538, 855 ':
I HEREBY CERTIFY that the foregoing Resolution was
p~s~d~?l~F'~dOpted 'by--Lhe-'Coun-cil-of~ ~he-City-o.f--Bakens.fi~ld_.a_t_ a
regular meeting thereof held on the 20thday of May', 1981, by the
following vote:
AYES: COUNCILMEN: ~, CHRISTENSEN, MEANS, PAYNE, RAI'FY, ROCKOFF, STRONG
ABSENT: COUNCILMEN: ~~
ABSTAINING: COUNCILMEN: -
/S/Philip Kelmar
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APRROVED__this-20th day of__~.~y,__1981
/S/Mary K. Shell'
MAYOR of the City of Bakersfield
APPROVED as to form:
/S/Richard J. Oberholzer'
....... _C_I__TY AT_T_D_R_N_EY Q.f_ the CitV_Q_f Bakersfield
0s'.,.5383 856
STATE OF CALIFORNIA, }
: _~OUyty Of Kern . .. ss.
/,
[, PHILIP KELNIAR, City Clerk of the City of Bakersfield, State of California, hereby certify the foregoing and annexed to be
';~ ~full, true and correct copy of the original Resolution ~o. 33-81
P~ssed ~nd ~do2pted by the Council o~ the C~ty o~ :B~ke~s~e21d ~t ~
~e~u:l~ rneet-~'nk"'.the=eo~ held the 20th dsty o~ 1%4~y 1981
on file in this off!cexaR~l>~{~FIC~7~o~ar~d the same with the original.
' ~:'?~'~¢~'~"'¢:~'~ . / Deputy Clerk
Pursuant to City of Bakersfield Resolution No. 33-81~
the undersigned City Attorney has reviewed a true copy of the
Assignment of Lease, the notes, mortgages and other obligations,
attached hereto as Exhibit "A", and find the said Assignment of
Lease, notes, mortgages, and other obligations to be in
satisfactory compliance with the requirements of Agreement
No. 76-110 and amendments thereto, and Resolution No. 33-81.
DATED: June 18, 1981
By
CITY OF BAKERSFIELD
City Attorney