HomeMy WebLinkAboutReso 1949-1079 . .t
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' ,RESOLUTION NUMBER 1079
W ERE.A,S, ROHR AIRCRAFT CORPORATION, ,a California'corporation,
and the TFRSEE under that certain Tidelands 'Lease dated March '12t: 1945
between the CITY OF CHULA VISTA and said Rohr'Aircraft Corporation, has
on the 22nd day of Novenber, 19494 Assigned all of its right, title and
interest in and to said Lease into HARBOR,AIRCRAFT CORPORATION, a
California corporation, pursuant to Agreement between said parties, and ,
WHEREAS Harbor Aircraft'Corporation will continue the business
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of Rohr Aircraft Corporation with substantially the same management on
the same properties as Rohr,Airoraft Corporation, and ,
WHEREAS it appears desirable for the'"City to consent to said '
Assignment and it appears-unnecessary for the City to. require Harbor
Aircraft Corporation to comply with the provisions- of.Article IV of
said Lease requiring certain conditions to be met by Assignee, and
WHEREAS it appears that said Tidelands Lease' is in, full force
and effect and that said'Rohr Aircraft Corporation is not iii. default .
thereunder, . , , ,
'NOW, THEREFORE, BE IT RESOLVED by the' City Council of the City
of Chula Vista, ' . , '
(1) Thaat consent is hereby granted to Rohr Aircraft Corporation '
to, sell and assign ,all of its right, title and. interest under that Tide- .
lands Lease dated March, 124 1945, to Harbor Aircraft Corporation.
(2) .That�.the Mayor of- the City of Chula Vista is hereby authorized
and instructed to execute a consent to said Assignment for and on behalf
' of the City and the City Clerk of the City ,of Chula Vista is hereby authorized
and instructed to attest,his signature thereto; a copy of paid Assignment
and Consent is attached hereto,
(3) This Consent'shall become, effective only upon the delivery of
the foregoing Assignment to Assignee concurrent with, or following the sale
of Assignor's properties to Assignee, `
PASSED AND ADOPTED at a ' retctlar , meeting of the City ' .
' Council held on the 22nd day of November, 1949, by,the ,following 'v'ote:
AYES, COUNCILMEN: iesland,, Nashold,Kidder,_goester.
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NOES, COUNCILMEN on
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ABSEiNT, COUNCILMEN: Dyson. __�_� .
ATT T: ,, . APPROVED• :
_�,..,,L G /.Q.. rwilb ' . '.r V - -1P i. -
:WS Or. Jerk Mayor
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CONSENT OF THE CITY OF CHULA VISTA
Under authority of Resolution No. 1079, the City of
• Chula Vista, being the LESSOR under that Tidelands Lease
dated March 12, 1945 with Rohr Aircraft Corporation as
• LESSEE, covering Tidelands as therein described, at the
Foot of H Street, Chula Vista, California, does hereby
CONSENT to that certain Assignment of said Lease by Rohr
Aircraft Corporation to Harbor Aircraft Corporation, which
Assignment is dated November 22, 1949, but which becomes
effective upon its delivery to Assignee by Assignor concurrent
with or following the sale of Assignor's business and properties
to Assignee.
In consenting to said Assignment, the City of Chula
Vista does hereby RELEASE Harbor Aircraft Corporation from
the requirement of conforming with Article IV of said Lease,
but such release is not intended to be and shall not con-
stitute a waiver or release of said Article IV in the event
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of a future assignment of said lease by either Rohr Aircraft
Corporation or Harbor Aircraft Corporation or any successors
of said corporations.
This consent and release is granted by the City of Chula
Vista upon the condition, and is accepted and acted upon by
the assignee upon the condition, that the assignee,- its
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successors, lessees, licensees and assigns, shall never during
the term of said lease use the demised premises for the opera-
tion of a fishery, fish cannery, the production of fish products
or by-products, for a rendering plant, slaughter house or
similar obnoxious use.
ATTEST: CITY OF CHULA VISTA
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BY:i Al
Ci y rk / Mayor
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ASSIGNMENT OF LESSEE'S INTEREST UNDER LEASE
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This Assignment, by and between BOER AIRCRAFT CORPORATION
(which may, prior to'the exegtrtion hereof, have changed its corporate
name to "R $), a California corporat$.an, (hereinafter sometimes
referred to as "Assignors') and HAR$OR AIRCRAFT CORPORATION (which may,
prior to the execution hereof, have changed its corporate name to *ROHR
: . AIRCRAFT CORPORATION"), a California corporation., (hereinafter sometimes
referred to as "Assignee°)#
W TNESSETgt
(1) For good and valuable consideration in hand paid to Assignor
by Assignee, receipt of which hereby s ab1cnowledged, Assignor does hereby
sell, transfer, set over unto and assign to Assignee all of Assignors right,
title and interest in, to and under that certain Lease dated March 12, 1945,
by and Between the CIT3'.OF CHULA'ETA, as Lessor, and Assignor, (under its
then corporate name "ROIL AIRCRAFT CQRPOLRATIO Nt) as Lessee, covering tide-
lands.aa therein described located at the Foot of "S" Street, Chula Vista,
California,
{2} Assignor represents and warrants that, as of the date of the
delivery of this Assignment to Assignee (concurrent with or following the
sale of Assignors business and properties to Assignee), said Lease is and
shall at that date be a valid and subsisting Lease of the real property therein
described and is and shall at that date be enforceable according to its terms,
and further represents and warrants that as of the date of said delivery,
Assignor has and shall have done and performed all of the acts and things
required of the Lessee under said Lease, inclining, without being limited to,
the payment of all rent required to be paid thereunder to and Jaclyn-leg said
date, and that no breach or violation of any of the terms of said Lease shell
have occurred at or prior to said date.
(3) In consideration of Assignor's representations and warranties
herein contained, Assignee, from and after said date of delivery to Assignee
of this Assignment, hereby assumes said Lease and agrees to pay the rentals
thereafter accruing thereunder and to comply with all Of the terms, covenants
and conditions therein required to be done and performed by Lessee at the
times and in the manner in said Lease provided for.
(4) Assignor represents and warrants that it has not and shall not
have received, as of the date of the delivery of this Assignment by it to
Assignee, any notice of termination, cancellation, notice to quit and/or other
notice claiming any breach or violation with respect to said Lease.
(5) This Assignment shall not be deemed effective unless and until
a fully executed copy hereof shall have been delivered to Assignee by- Assignor
coneellent with or following the sale of Assignor's business and properties
to Assignee.
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• IN WITNESS WHEREOF, the parties hereto have set their respective .
hands and affixed their respective seals the $1,,� day of /✓ouer.,io.er
$49.
ASSIGNOR
'AtRCW Gf ?POIiAi'ION (ors in the
event th.t prior too. the execution herep-
of Assignor has changed its corporate
name, then, such event, }t•COMP NY)
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J,e-e President
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• Dar W. '
O ecretary
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ASSIGNS
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iTQ o AIRCR P ORPO (or, in •
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. . • -. • the ejtent that-prior to, the execution
hereof,Assignee has' changed its•
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corporate name, then in'such-event,
• ROM•AIRCRAVT CORPORATION) •
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By • I b \J1 ,
President
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.retary
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