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CA:RMM:rmWllshw
CIty CouncIL MeetIng 2-26-85
Santa MonIca, CalIfornIa
STAFF REPORT
TO Mayor and CIty CouncIL
ParkIng AuthorIty
FROM' CIty Attorney
SUBJECT' Approval of ASSIgnment of ParkIng Lease from
WIlshIre West Company to General Telephone
Company of CalIfornIa
By Contract Number 1828 (CCS), the CIty of Santa MonIca
and the ParkIng AuthorIty entered Into a long-term lease for
parkIng spaces In public parking structures located on Second
Street,
The current lessee of the property IS WIlshIre West
Company,
a CalIfornIa General Partner~hlp.
The CIty has been
requested to approve an aSSIgnment of the lease from WIshlre
West Company to General Telephone Company of CalIfornIa, a
CalIfornIa corporatIon.
SectIon 2.05 of the lease prOVIdes:
WIlshIre West may aSSIgn all or part
of ItS rIghts under thiS Agreement
sUbJect to fIrst obtaInIng the CIty's
wrItten consent to saId aSSIgnment and
CIty covenants that saId consent wIll
not be unreasonably WIthheld.
Recent developments
In CalIfornIa landlord-tenant law
have greatly restrIcted the abI11ty of a landlord to prohIbIt
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an assIgnment of a lease Many of these cases have upheld
claIms for damages agaInst landlords who have attempted to
Interfere unreasonably WIth the lessee's rIghts of aSSIgnment.
See Schwelso v, WIllIams, 150 Cal. App 3d 883, 198 Cal. Rptr
238 (1984); Cohen v RatIooff, 147 Cal, App. 3d 321, 195 Cal.
Rptr. 84 (1983); RIchardson v. La Rancherlta La Jolla, Inc.,
98 Cal. App. 3d 73, 159 Cal. Rptr. 285 (1979).
There IS no legal baSIS for the CIty to declIne to
approve the aSSIgnment.
The current lessee WIll not be
released from Its oblIgatIons under the lease agreement The
proposed aSSIgnee 15 a fInancIally sound and relIable entIty
and WIll assume all lease obllga~lons.
RECOMMENDATION
It IS respectfully recommended'
1 That the CIty CounCIl adopt the accompanYIng
resolutIon apprOVIng the aSSIgnment from WIlshIre West Company
to General Telephone Company of CalIfornIa.
2. That the ParkIng AuthorIty adopt the accompanYIng
resolutIon apprOVIng the aSSIgnment from WIlshIre West Company
to General Telephone Company of CalIfornIa.
PREPARED BY.
Robert M. Myers, CIty Attorney
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STAFF REPORT
TO: Mayor and Clty Councll
FROM: Ci ty Attorney
SUBJECT: Asslgnment of Lease Agree~ent from Wllshlre West
Company to General Telephone Company of Callfornla
The followlng Asslgnment of Lease and Lessor's
Consent should be substituted for the same document currently
accompanY1ng both the City Counell and Parklng Author1ty
resolutlons. The only dlfference between the two documents
lS that effect~ve date of the document wl1l be measured from
the recordlng of the grant deed from W1lshlre West Company to
General Telephone Company of Callfornla rather than the
recordlng of the document ltself.
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CA.RMH:rmWllshw
CIty CounCIl MeetIng 2-26-85 Santa MonIca, CalIfornIa
RESOLUTION NO. 6976 (CCS)
(CIty CouncIl SerIes)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA APPROVING AN
ASSIGNMENT OF CONTRACT NUMBER 1828 tCCS)
FROM WILSHIRE WEST COMPANY TO GENERAL
TELEPHONE OF CALIFORNIA
WHEREAS, the CIty of Santa MonIca has leased certaIn
real property as more partIcularly descrIbed In Contract
Number 1828 (CCS), and any addendums thereto; and
WHEREAS, the current lessee IS WIlshIre West Company, a
CalIfornIa General partnerShIpj and
WHEREAS, the CIty of Santa MonIca has receIved a request
to approve an aSSIgnment of the lease to General Telephone
Company of CalIfornIa, a CalIfornIa corporatIon,
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 af Contract Number 1828 (CCS)
(and any addendums thereto] from WIlshIre West Company, a
CalIfornIa General PartnershIp, to General Telephone Company
of CalIfornIa, a CalIfornIa corporatIon, and authorIzes the
CIty Manager to execute an ASSIgnment of Lease, Acceptance by
Assignee, and Consent by Lessor
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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 \)
CIty Attorney
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Adopted and approved thIS 26th day of February, 1985.
f~'~~.~
r " Mayor
I hereby certify that the foregoIng ResolutIon No. 6976(CCS)
was duly adopted by the City CouncIl of the City of Santa MonIca
at a meetIng thereof held on February 26, 1985 by the followIng
CouncIl vote:
Ayes:
CcuncIlmernbers:
Conn, EpsteIn, JennIngs, Katz,
Zane and Mayor Reed
Noes: Cour.cllrnembers:
None
AbstaIn: Cour.Cllrnembers:
Nor.e
Absent: Councllmembers:
Edwards
ATTEST:
~n,~
CIty Clerk
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CA:RMM.rmWIlshw
ParkIng AuthorIty MeetIng 2-26-85 Santa MonIca, CalIfornIa
RESOLUTION NO. 184 (PAS)
(ParkIng AuthorIty SerIes)
A RESOLUTION OF THE PARKING AUTHORITY
OF THE CITY OF SANTA MONICA APPROVING AN
ASSIGNMENT OF CONTRACT NUMBER 1828 lCeS)
FROM WILSHIRE WEST COMPANY TO GENERAL
TELEPHONE OF CALIFORNIA
WHEREAS, the ParkIng AuthorIty of the CIty of Santa
MonIca has leased certaln real property as more partIcularly
descrIbed In Contract Number 1828 (eCS), and any addendums
theretoj and
WHEREAS, the current lessee IS WIlshIre West Company} a
CalIfornIa General PartnershIp; and
WHEREAS, the ParkIng AuthorIty of the CIty of Santa
MonIca has receIved a request to approve an aSSIgnment of the
lease to General Telephone Company of CalIfornIa, a CalIfornIa
corporatIon,
NOW, THEREFORE, THE PARKING AUTHORITY OF THE CITY OF
SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
The ParkIng AuthorIty of the CIty of Santa
MonIca approves the asslgnment of Contract Number 1828 (CeS)
(and any addendums thereto] from WIlshIre West Company, a
CalIfornIa General PartnershIp, to General Telephone Company
of CalIfornIa, a CalIfornIa corporatIon, and authorIzes the
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ExecutIve
Secretary to execute an A3slgnment of Lease,
Acceptance by AssIgnee, and Consent by Lessor
SECTION 2
The Executlve Secretary shall cert1fy to the
adoptIon of thIS ResolutIon, and thenceforth and thereafter
the same shall be 1n full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS U ..
City Attorney
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ADOPTED AND APPROVED THIS
26
DAY
OF
February
1985
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/- - -CHAI'R.PERSON ~ ~.
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I HEREBY CERTIFY THAT THE FOR~GOING RESOLUTION,
NO.
184
, WAS DULY ADOPTED BY THE PARKING AUTHORITY
OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD
ON February 26,
, 1985 BY THE FOLLOHING AUTHORITY VOTE:
AYES: AUTHORITY MEHBERS: Conn, Jennlngs, Katz,
Zane, Epsteln, Mayor Reed
NOES: AUTHORITY NEHBERS:
ABSENT: AUTHORITY MLliBERS: Edwards
ABSTAIN: AUTHORITY t4I:HBERS:
ATTEST:
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CITY CLeRK .-