Res 2008-043 - Laserfiche WebLink

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ASSIGNMENT OF LEASE STATE OF TEXAS COUNTY OF HAYS This Assignment of Lease is made between Forrest W. Haskell ("Assignor") and Abraham Canela (the "Assignee"). WHEREAS, the City of San Marcos (the "City") as Lessor and B. Craig Cuny as Lessee entered into a Lease (the "Lease")dated December 11, 2001, which pertains to the existing building located at 1827 Airport Drive located on the San Marcos Airport, William Pettus Survey, Caldwell County, Texas, described therein (the "Property"), said Lease recorded in Volume 292, Page 513 of the Official Records of Caldwell County, Texas; and, WHEREAS, on February 1, 2005, the City Council of the City of San Marcos approved an assignment of the Lease from B. Craig Cuny to Geoff Elkins, said assignment executed on June 15, 2005; and, WHEREAS on June 6, 2006, the City Council of the City of San Marcos approved an assignment of the Lease from Geoff Elkins to Forrest W. Haskell, said assignment executed on June 28, 2006; and, WHEREAS, the Assignor now desires to assign the Lease to the Assignee, and the Assignee desires to accept the assignment, subject to the terms and conditions of this Assignment of Lease. ASSIGNMENT AND AGREEMENT 1. Inconsideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by this Agreement, and the agreement of the Assignee set forth below, the Assignor assigns to the Assignee and Assignee's heirs, executors, administrators, successors and assigns, all of Assignor's rights, title and interest in and to the Lease. The Assignee accepts the assignment, and expressly assumes and agrees to perform and fulfill all the terms and covenants, conditions and obligations of the Assignor as the Lessee under the Lease, including the making of all payments due to or payable to the City when due and payable. 2. This assignment is subject to approval by the City. This assignment will become effective on the date the City Council adopts a resolution approving this assignment. 3. It is understood and agreed that the Assignor shall retain responsibility only for obligations under the Lease arising prior to the date this Assignment is approved by the San Marcos City Council. 4. This Agreement is binding on and will inure to the benefit of the parties to this Agreement, their heirs, executors, administrators, successors in interest, and assigns. 5. The Assignee's address for notice purposes under Paragraph 15.11 of the Lease is: Abraham Canela 1827 Airport Drive San Marcos, TX 78666 DATE: , 2008 Forrest W. Haskell, Assignor