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HomeMy WebLinkAboutResolution - 3841 - Approve Assignment - G Greenstree Inc - Leasehold Interests FAA Hanger, LIA - 03_26_1992Resolution No. 3841 March 26, 1992 Item #16 RESOLUTION WHEREAS, the City of Lubbock did enter into a Lease and Sublease Agreement for the construction of a new forty thousand square foot hangar at the Lubbock International Airport with G. Greenstreet, Inc. on the 27th day of September, 1991; and WHEREAS, said agreement above referred was amended by Amendment No. 1 to the Lease and Sublease Agreement dated January 27, 1992, and further amended by Supplemental Agreement No. 1 dated February 13, 1992; and WHEREAS, the above Lease and Sublease Agreement, as amended, provides that G. Greenstreet, Inc. may assign said Lease upon written approval of the City; and WHEREAS, said approval is deemed in the best interest of the City; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City does hereby consent to the Assignment of the Lease and Sublease Agreement, as amended, which Assignment is set forth in Exhibit "A" attached hereto and made part of this Resolution for all purposes, which Exhibit "A" shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of March , 1992. c . C.McMINNf MAYOR KanetSe boya, city 5ecretar-r AP OVED AS TO CONTENT: Bern Case, Director of Aviation APPROVED AS TO FORM: J6hn C. Ross, Jr., City Attorney JCR:dw agenda-D#2/Assgmt.Res Resolution No. 3841 March 26, 1992 Item #16 ASSIGNMENT OF LEASEHOLD INTEREST This Assignment of Leasehold Interest is made and entered into this date by and between G. GREENSTREET, INC. ("Assignor"), and GARY GREENSTREET, TOM BROWN, DON DENTON, and DAVID WOOD ("Assignee"). WHEREAS, Assignor is the owner of a leasehold interest in and to a 2.79 acre tract of land described on the attached Schedule "A", which in incorporated herein by this reference as if copied herein in full. Assignor's leasehold interest arises out of a Lease and Sublease Agreement entered into by and between the City of Lubbock and G. Greenstreet, Inc. dated the 27th day of September, 1991, and as amended by Amendment No. 1 to Lease and Sublease Agreement dated January 27, 1992, and as amended by Supplemental Agreement No. 1 dated February 13, 1992 ("Leases"). WHEREAS, Assignor desires to transfer all its right, title and interest in and to such Leases to Assignees. NOW, THEREFORE, for adequate consideration received, the undersigned agree as follows: 1. TRANSFER. Assignor does hereby transfer all its right, title and interest in and to its leasehold interest in the Leases described on the attached Schedule "A" to Assignee. 2. WARRANTY AND REPRESENTATIONS. Assignor does hereby warrant and represent to Assignee that the Leases are in full force and effect and that there are no defaults in said Leases or any of the terms thereof and that Assignor has not received prepayment of any rental as called for under the terms and conditions of said Leases. 3. ENTIRE AGREEMENT. This Assignment represents the entire agreement of the parties and no change or modification thereof shall be valid unless evidenced by an instrument in writing signed by the parties. 4. BINDING EFFECT. This Assignment shall be binding upon the undersigned, their heirs, personal representatives, successors and assigns. DATED this 18th day of March, 1992. ASSIGNOR G. GREENSTREET, NC. ByB/Ar_I ktll� Gary Gre street, Pre ASSIGNEE Don Denton DaVl Woad JMc'1,/vr/U-Green-2.Asg/March 17, 19W SCHEDULE "A" All the Leasehold Estate as described in that one certain Lease and Sublease Agreement entered into by and between the City of Lubbock and G. Greenstreet, Inc., dated the 27th day of September, 1991, and as amended by Amendment No. 1 to Lease and Sublease Agreement dated January 27, 1992, and as amended by Supplemental Agreement No. 1 dated February 13, 1992, covering the following described tract of land, to -wit: A 2.79 acre tract of land out of Section 28, Block A, Lubbock County, Texas, and being more particularly described by metes and bounds as follows, to -wit: BEGINNING at a 1/2" iron rod, set for the Southwest and beginning corner of this tract, whence the Southwest corner of Section 24 bears South 00002100" East, 637.34 feet and South 89059130" West, 895.20 feet; THENCE North, 347.50 feet to a 1/2" iron rod, set for the Northwest corner of this tract; THENCE East, 350.00 feet to a 1/2" iron rod, set for the Northeast corner of this tract; THENCE South, 347.50 feet to a 1/2" iron rod, set for the Southeast corner of this tract; THENCE West, 350.00 feet to the point of beginning. Containing 2.79 acres.