R-7243
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RESOLUTION NUMBER 7243 (CCS)
(City council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING ASSIGNMENT OF
CONTRACT NUMBER 1828 (CCS)
WHEREAS, the city of Santa Monica entered into Contract
Number 1828 (CCS) with wilshire West Company of April 23, 1969
for the lease of a minimum of 265 parking spaces in a downtown
parking structure; and
WHEREAS, Contract Number 1828 (CCS) was assigned by
Wilshire West company, a California corporation, with the consent
of the City, to the General Telephone of california, a California
Corporation, on March 5, 1985; and
WHEREAS, on April 22, 1986, the City Council adopted
Resol ution Number 7203 (CCS) which approved an amendment to
Contract Number 1828 (CCS); and
WHEREAS, the city of Santa Monica has received a request
from General Telephone Company of California to approve an
assignment of Contract Number 1828 (CCS), as amended, to Philprop
Development Company, a California Corporation; and
WHEREAS, Section 2.05 of Contract Number 1828 (CCS), as
amended, provides that all or part of the lease may be assigned
subject to first obtaining the city's written consent to said
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assignment and that said consent will not be unreasonably
withheld; and
WHEREAS, section 2.06 of Contract Number 182 a (CCS), as
amended, provides that the City will act promptly and reasonably
in acting upon a request for consent to assign the lease,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica
approves the assignment of Contract Number 1828 (CCS) (and any
amendments and addendums thereto) from General Telepone Company
of California, a California corporation, to Philprop Development
Company, a California corporation, and authorizes the City
Manager to execute an Assignment of Lease and Lessor's Consent in
the form attached hereto as Exhibit "A".
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SECTION 2. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~~~~
ROBERT M. MYERS 0
city Attorney
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ASSIGNMENT OF LEASE AND LESSOR'S CONSENT
Santa Monica, California
June
-'
1986
GENERAL TELEPHONE COMPANY OF CALIFORNIA, a California
corporation ("GTell), by virtue of a certain Ass1qnment of Lease
and Lessor's Consent dated February 25, 1985 between GTC, the
Clty (as defined hereln) and Wllshlre West Company, is the LESSEE
under a Lease Agreement dated April 23, 1968, with THE CITY OF
SANTA MONICA, a munlcipal corporatJ.on, and THE PARKING AUTHORITY
OF THE CITY OF SANTA MONICA (collectively, the "City"),
identifled as Contract No. 1828 (CCS), and all later amendments
and supplements thereto, lncluding without limitation that
certain Amendment to Parking Lease dated Aprl1 22, 1986 entered
lnto between GTC and the Clty (the "Lease") The premises in the
Lease are a maximum of three hundred twenty (320) "Parklng
Spaces" in "Parklng Structures" (as those terms are deflned in
the Lease) on the east slde of Second Street between Santa Monica
and Wllshire Boulevards in the Clty of Santa MonJ.ca
Effective upon and from the date that the deed from GTe
to Plulprop DeveloIment Co., a CaJ lforru.a corporatJ.on ("PhJ.llXOP") of the
General Telephone Company bUlldJ.nq at WilshJ.re Boulevard and
Ocean Avenue in Santa Mon~ca (Lot 1 of Tract 35412) is recorded
in the Office of the Los Angeles County Recorder ("Effect~ve
Date"), GTC asslgns its entlre interest under the Lease to
Phllprop and by its signature below, Phllprop accepts the
Asslgnment and agrees and promlses to perform all of the LESSEE's
obllgat~ons thereunder from and after the Effective Date.
Effective upon and from the Effectlve Date, GTC shall
hold Phl1prop harmless from and against any and all liabllitles,
claims, demands, losses, damages, costs and expenses Clncluding,
Wlthout limltatlon, reasonable attorneys' fees), actions or
causes of actlon, arls1ng out of or relatJ.ng to the Lease which
occurred or Were incurred prior to the Effective Date.
Effectlve upon and from the Effective Date, Phllprop
shall hold GTC harmless from and against any and all llabJ.llties,
claims, demands, losses, damages, costs and expenses (includlng,
without llmitatlon, reasonable attorneys' fees), actions or
causes of actlon, arlslng out of or re1at~nq to the Lease Which
occur on or after the Effectlve Date.
The prOV1Sions hereof shall be binding on and lnure to
the beneflt of the partles hereto and their respective successors
and asslgns
IN WITNESS WHEREOF, GTC and Philprop have executed this
Instrument on the respectlve dates set forth below
"ASSIGNOR"
June 19, 1986
Date of Executlon
GENERAL TELEPHONE COMPANY OF
CALIFORNIA,
a cal?for a corporation
By: .{~.I)'I(. ~
/
Richard M. Cahlll
Type Name Here
g2637153
6/13/86
ADF/js
8: 55am
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June 16. 1986
Date of Execution
WE CONSENT TO THE ASSIGNMENT
Date of Executlon
Date of Executlon
APPROVED AS TO FORM:
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Santa Monlca Clty Attorney
Robert M. Myers
Type Name Here
June 24, 1986
Date of Executlon
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Its. V~ce-Presldent, General Counsel &
Secretary
"ASSIGNEE"
PHlLPFOP DEVE:WPMl:NI' OJ.
a Callforn18 corpo tlon
Paul J. Gluntuu
Type Name Here
I ts . Pres.ldent
CITY OF Sfu~TA MONICA,
a municlpal corporation
By
Type Name Here
Its: Clty Manager
THE PARKING AUTHORIITY OF THE
CITY OF SANTA MONICA
By.
Type Name Here
Its' Executlve Secretary
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Adopted and approved thIS 24th day of June, 1986.
(J~L~~ 1 ~
/ . ...... 'Mayor ..-
I hereby certify that the foregoing Resolution No. 7243(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on June 24, 1986 by the following
Council vote:
Ayes: Councilmembers:
Conn, Epstein, JennIngs, A. Katz,
H. Katz, Zane, and Mayor Reed
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councllmembers:
None
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~Ci ~y Clerk ~ _ ,-" -....
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