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HomeMy WebLinkAboutResolution No. 86-11 t • RESOLUTION NO. R 86 11 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST AN ASSIGNMENT OF LEASE BETWEEN THE CITY OF FRIENDS- WOOD AND FOREST BEND VOLUNTEER FIRE DEPARTMENT, INC. , SUCH AGREEMENT ASSIGNING TO THE CITY SAID DEPARTMENT'S LEASEHOLD ESTATE IN A 10,010 SQUARE FOOT TRACT OF LAND LOCATED IN FOREST BEND SUBDIVISION . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section L, The Mayor and City Secretary are hereby authorized and directed, respectively, to execute and attest that certain agreement entitled "Assignment of Lease, " by and between the City and the Forest Bend Volunteer Fire Department , Inc. , a copy of which agreement is attached hereto as Exhibit "A" and made a part hereof for all purposes . PASSED, APPROVED, and RESOLVED this the 16th day of June, 1986 . J Mayor Attest: Zia, City Secretary ASSIGNMENT OF LEASE STATE OF TEXAS § COUNTY OF HARRIS § This Agreement is made and entered into by and between the Forest Bend Volunteer Fire Department , Inc . , a non-profit corporation of the State of Texas , hereinafter referred to as "Assignor," and the City of Friendswood, a municipal corporation located in Harris and Galveston Counties , Texas , hereinafter referred to as "Assignee . " RECITALS Whereas , a lease was entered into on February 24, 1974, by and between the Forest Bend Homeowners Association, Inc . , as the Lessor, and the Assignor as Lessee , by the terms of which the following described property was leased to the Assignor as Lessee for a term of ninety-nine (99) years , commencing on February 25, 1974, and ending on February 24, 2073, subject to earlier termination as therein provided : All that certain tract or parcel of land being a 91 foot by 110 foot tract out of Reserve "E" Forest Bend Subdivision Section One, a subdivision of 72. 4762 acres out of the Sarah McKissik Survey, A-549 Harris County, Texas , more particularly described by metes and bounds as follows : BEGINNING at an iron rod set in the South line of Lot 5, Block 2, Forest Bend Subdivision Section 1 and being N 48 deg . 24 min. 57 sec . W 62. 11 feet from its Southeast corner; THENCE, N 48 deg . 24 min. 57 sec . W at 11 feet past the (SW cor. Lot 5 and SE cor. Lot 6) and continue in all 91 feet to an iron rod set for corner in the South line of Lot 7 (S 48 deg . 24 min. 57 Sec . E) (74 feet from its SW cor. ) ; THENCE, S 41 deg . 35 min. 03 sec . W 110 feet to an iron rod for corner; THENCE, S 48 deg . 24 min. 57 sec . E 91 feet to an iron rod set for corner ; THENCE, N 41 deg . 35 min. 03 sec . E 110 feet to an iron rod for the point of beginning and containing 10, 010 square feet of land , more or less . Whereas , the Assignor now desires to assign the lease to the Assignee , and the Assignee desires to accept the assignment ; now therefore For and in consideration of the sum of TWENTY-FIVE THOUSAND DOLLARS ($25, 000 . 00) , the receipt of which is hereby acknowledged, and the mutual obligations , benefits and covenants set forth below, the parties hereto agree as follows : r � J Assignment . Assignor hereby assigns to Assignee and Assignee ' s successors and assigns , all right , title, and interest in and to the lease described above , a copy of which lease is attached hereto and made a part hereof as Exhibit "A. " Assignee hereby accepts such assignment and expressly assumes and agrees to perform and fulfill all the terms , covenants , conditions , and obligations required by Assignor as the Lessee under that lease, including the making of all payments due to or payable on behalf of Lessor when due and payable . Warranty. Assignor covenants , represents , and warrants that the Lease herein assigned and the tract or parcel subject to said leasehold described herein is not encumbered by any prior transfer, assignment , lien, assessment, mortgage , or encumbrance of any nature caused by any act at any time on the part of Assignor or the failure of Assignor to perform any term, covenant , or condition of said Lease . Binding on Successors . This agreement shall be binding on and inure to the benefit of the parties to this agreement, their successors and assigns . Dated this the � _ day of C 1986 . Assignor - Forest Bend Volunteer Fire Department , Inc . By .�� NAME TITLE Attest : r1�c�zee Secretary Assignee-City of Friendswood By : Ralph L. owe, Mayor Att t : ecretar -2- r Consent of Lessor The undersigned is the Lessor in the lease described in the foregoing Assignment . The undersigned consents to the assignment of the lease to the City of Friendswood , Texas , and expressly releases the Lessee-Assignor from any further liability or obligation under the terms of the lease . Dated this the day of 1986. Lessor - Forest Bend Homeowners Association, Inc . By NAME TITLE Attest : Secret' -3- f RESOLUTION NO. R 86 11 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST AN ASSIGNMENT OF LEASE BETWEEN THE CITY OF FRIENDS- WOOD AND FOREST BEND VOLUNTEER FIRE DEPARTMENT, INC. , SUCH AGREEMENT ASSIGNING TO THE CITY SAID DEPARTMENT'S LEASEHOLD ESTATE IN A 10,010 SQUARE FOOT TRACT OF LAND LOCATED IN FOREST BEND SUBDIVISION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section I_._ The Mayor and City Secretary are hereby authorized and directed, respectively, to execute and attest that certain agreement entitled "Assignment of Lease, " by and between the City and the Forest Bend Volunteer Fire Department, Inc . , a copy of which agreement is attached hereto as Exhibit "A" and made a part hereof for all purposes . PASSED, APPROVED, and RESOLVED this the 16th day of June, 1986 . J Mayor Attest: 'da, City Secretary ASSIGNMENT OF LEASE STATE OF TEXAS § COUNTY OF HARRIS § This Agreement is made and entered into by and between the Forest Bend Volunteer Fire Department , Inc . , a non-profit corporation of the State of Texas , hereinafter referred to as "Assignor," and the City of Friendswood, a municipal corporation located in Harris and Galveston Counties , Texas , hereinafter referred to as "Assignee . " RECITALS Whereas , a lease was entered into on February 24, 1974, by and between the Forest Bend Homeowners Association, Inc . , as the Lessor, and the Assignor as Lessee , by the terms of which the following described property was leased to the Assignor as Lessee for a term of ninety-nine (99) years , commencing on February 25, 1974, and ending on February 24, 2073, subject to earlier termination as therein provided : All that certain tract or parcel of land being a 91 foot by 110 foot tract out of Reserve "E" Forest Bend Subdivision Section One, a subdivision of 72.4762 acres out of the Sarah McKissik Survey, A-549 Harris County, Texas , more particularly described by metes and bounds as follows : BEGINNING at an iron rod set in the South line of Lot 5, Block 2, Forest Bend Subdivision Section 1 and being N 48 deg . 24 min. 57 sec . W 62. 11 feet from its Southeast corner; THENCE, N 48 deg . 24 min. 57 sec . W at 11 feet past the (SW cor. Lot 5 and SE cor. Lot 6) and continue in all 91 feet to an iron rod set for corner in the South line of Lot 7 (S 48 deg . 24 min. 57 Sec . E) (74 feet from its SW cor. ) ; THENCE, S 41 deg . 35 min. 03 sec . W 110 feet to an iron rod for corner; THENCE, S 48 deg . 24 min. 57 sec . E 91 feet to an iron rod set for corner; THENCE, N 41 deg . 35 min. 03 sec . E 110 feet to an iron rod for the point of beginning and containing 10,010 square feet of land, more or less . Whereas , the Assignor now desires to assign the lease to the Assignee, and the Assignee desires to accept the assignment ; now therefore For and in consideration of the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) , the receipt of which is hereby acknowledged, and the mutual obligations , benefits and covenants set forth below, the parties hereto agree as follows : Assignment . Assignor hereby assigns to Assignee and Assignee' s successors and assigns , all right , title, and interest in and to the lease described above, a copy of which lease is attached hereto and made a part hereof as Exhibit "A." Assignee hereby accepts such assignment and expressly assumes and agrees to perform and fulfill all the terms , covenants , conditions , and obligations required by Assignor as the Lessee under that lease, including the making of all payments due to or payable on behalf of Lessor when due and payable. Warranty. Assignor covenants , represents , and warrants that the Lease herein assigned and the tract or parcel subject to said leasehold described herein is not encumbered by any prior transfer, assignment , lien, assessment, mortgage , or encumbrance of any nature caused by any act at any time on the part of Assignor or the failure of Assignor to perform any term, covenant , or condition of said Lease . Binding on Successors . This agreement shall be binding on and inure to the benefit of the parties to this agreement, their successors and assigns . Dated this the day of 1986. Assignor - Forest Bend Volunteer Fire Department, Inc . By : NAME (TITLE) Attest : Secretary Assignee-City of Friendswood Rapti L. Lowe, Mayor Att t : ` Ulty ecretar -2- Consent of Lessor The undersigned is the Lessor in the lease described in the foregoing Assignment . The undersigned consents to the assignment of the lease to the City of Friendswood , Texas , and expressly releases the Lessee-Assignor from any further liability or obligation under the terms of the lease . Dated this the _� day of 1986. Lessor - Forest Bend Homeowners Association, Inc . By G J d\�Ir� - NAME t. TITLE Attest : Y) Secret(, -3-