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HomeMy WebLinkAbout98-46 - Assigning lease with AMR Combs, Inc., for Commercial Aircraft Facility to the Airborne Law Enforcement ServicesRESOLUTION NO. 98-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO ASSIGN THE LEASE WITH AMR COMBS, INC. FOR COMMERCIAL AIRCRAFT FACILITY TO THE AIRBORNE LAW ENFORCEMENT SERVICES AGENCY. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: 1. Approve the Assignment of Lease Agreement with the Airborne Law Enforcement Services Agency (ABLE), attached hereto as Exhibit 1, to the Lease Agreement of January 31, 1989, between the City of Costa Mesa and AMR Combs, Inc., for the commercial aircraft facility at John Wayne Airport. 2. Authorize the Mayor to execute the Assignment of Lease Agreement on behalf of the City. PASSED AND ADOPTED this 1st day of June, 1998. Mayor of the City o o to Mesa ATTEST: 1 --4 T-. LL. -c- �- Deputy City Cl t of the City of Costa Mesa STATE OF CALIFORNIA 1 COUNTY OF ORANGE 1 ss CITY OF COSTA MESA ► I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 98-46 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 1 st day of June, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of June, 1998. T Deputy City Cl r and ex -officio Clerk of the City Counci of the City of Costa Mesa 1 355 356 ASSIGNMENT OF LEASE AGREEMENT This Assignment of Lease Agreement is made on QU4V Z 1998, by and between the City of Costa Mesa, a California municipal co poration ("ASSIGNOR") and the Airborne Law Enforcement Services Agency, a California joint powers authority of which the Cities of Costa Mesa and Newport Beach are members ("ASSIGNEE"). A. WHEREAS, ASSIGNOR as tenant and Martin -Westside Associates entered into a Hangar Sublease Agreement dated January 31, 1989 ("Lease") to lease Hangar no. 25 and 26, plus mezzanine in lounge (6500 sq. ft.) at John Wayne Airport ("Premises"); B. WHEREAS, ASSIGNOR consented to the assignment of the Lease from Martin -Westside Associates (Martin Aviation LLP) to AMR Combs, Inc. ("Landlord") on or about November, 1996; C. WHEREAS, ASSIGNOR now desires to assign all its rights, title and interest as Tenant under said lease to Assignee and Assignee desires to receive and accept such assignment. NOW, THEREFORE, it is agreed between the parties hereto as follows: 1. For valuable consideration, ASSIGNOR hereby assigns and transfers to ASSIGNEE all of its rights, title and interest in the lease and leased Premises and ASSIGNEE accepts said assignment and hereby assures and agrees to perform from and after the date this Agreement becomes effective, as a direct obligation to the Landlord, all of the terms and provisions of the Lease. 2. The assignment of the Lease, as provided in this Agreement, shall take effect on July 1, 1998, and ASSIGNOR shall give possession to the leased Premises to ASSIGNEE on that date. 3. A portion of the consideration for this Assignment is that ASSIGNEE hereby agrees to assume all of the obligations and perform all of the conditions and covenants of said Lease and ASSIGNEE hereby agrees to make all the payments provided for in said Lease now or hereafter to become due thereunder, including the payment of all rentals specified in said Lease. If ASSIGNEE defaults under the Lease, ASSIGNEE shall indemnify and hold ASSIGNOR harmless from all the damages resulting from any such default. If ASSIGNEE defaults in its obligations under the Lease and ASSIGNOR must pay rent or any other charges to the Landlord under the Lease due to such failure or fulfills any of ASSIGNEE'S other obligations under the Lease in order to cure or prevent ASSIGNEE from being in default, ASSIGNEE shall immediately reimburse ASSIGNOR for the amount of rent or other amounts paid or Exhibit 1 Resolution No. 98-46 Page 1 of 3 1 1 costs incurred by ASSIGNOR to fulfill ASSIGNEE'S obligations under the Lease or this Assignment of Lease Agreement. 4. ASSIGNOR hereby represents to ASSIGNEE that the Lease is in full force and effect and that ASSIGNOR, as Tenant under said Lease, is not in default under any of the terms, conditions, and provisions contained in the Lease on the part of the Tenant to be kept and performed therein. 5. The parties hereto acknowledge that Landlord now holds the sum of Eight Thousand One Hundred and Twenty-five ( $8,125.00) Dollars as a security deposit and/or prepaid rent pursuant to Article VII of the Lease, to be applied subject to the provisions of the Lease. ASSIGNOR hereby releases all claims to said sum, and said sum shall be held by the Landlord for the benefit of ASSIGNEE subject to the provisions of the Lease. 6. This Assignment shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. 7. This Agreement has been approved by the ASSIGNEE, Board of Directors, and the parties acknowledge that ASSIGNEE'S funding for payment of the rent on the Lease for Premises is subject to contributions made by the member agencies, Costa Mesa and Newport Beach, to ABLE. Should Costa Mesa and Newport Beach decide to no longer provide contributions to ABLE and ABLE is unable to make rental payments under the Lease and this Agreement, ASSIGNEE agrees to execute a quit claim deed to release and transfer all rights, title and interest to the Premises and Lease to ASSIGNOR to enable ASSIGNOR to retake possession of Premises and comply with Lease. IN WITNESS WHEREOF, the parties hereto have executed this Assignment of Lease Agreement on the day and year first above written. ASSIGNOR: By:_ ASSIGNEE: By 2 Exhibit 1 Resolution No. 98-46 Page 2 of 3 358 I, Mi? Gorn66. -:17�. . Landlord in the Lease described above, hereby consent to the above Assignment of Lease, provided that this consent shall not in any way be deemed to be a consent to any further assignment, and further provided that ASSIGNOR shall at all times remain liable for the performance of the terms and provisions of the Lease. Dated: 1998 LANDLORD By: J 3 1 Exhibit 1 Resolution No. 98-46 Page 3 of 3