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HomeMy WebLinkAboutRES 00-265 RESOLUTION NO. a�i -5- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with Allright Beaumont Company and Lee Parking, Inc. for the assignment of the City's parking services contract. The agreement is substantially in the form attached hereto as Exhibit "A" PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 2000. - Mayor - G:=%RE&XUTMGENDA ASSIGNMENT OF AGREEMENT COVENANT OF ASSIGNEE TO ASSUME AND INDEMNIFY RELEASE OF ASSIGNOR FROM LIABILITY STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made on its date of execution between Allright Beaumont Company, a Texas Corporation, acting here and by and through its duly authorized officer hereinafter referred to as "Assignor' and Lee Parking, L.L.C., a limited liability corporation in the State of Texas acting herein, by and through David Lee, its duly authorized representative herein called "Assignee" and the City of Beaumont, a municipal corporation of the State of Texas acting herein by its duly authorized City Manager, herein called "Owner." WHEREAS, on the 8th day of April, 1999, Assignor entered into a contract with owner leasing certain property from owner for purposes of operation of parking facilities said "Lease Agreement" attached hereto as Exhibit "A" and made a part hereof for all purposes herein called "Contract"; and, WHEREAS, Assignor desires to assign this Lease Agreement to Assignee such that Assignee acquires all the rights and liabilities of said Lease Agreement and Assignor is released from all liabilities and obligations under said Lease Agreement by Owner. It is therefore agreed: G AMAGREEMENIALLRIGHT.SW EXHIBIT "A" WITNESSETH: I. That Assignor hereby assigns to Assignee all its interests in the contract attached as Exhibit "A" with Owner dated the 8th day of April, 1999 including all exhibits, documents, attachments and addendums related thereto. II. The Assignee hereby assumes and covenants to perform all the obligations of the Assignor under Exhibit"A° hereto and guarantees to indemnify, defend and hold Assignor harmless from any claim or demands made under said Exhibit "A" which relate to occurrences after the date of this agreement. III. The undersigned Owner does hereby consent to assignment as set out in this document and does further release, discharge and relinquish the Assignor, Allright Beaumont Company and any corporation which holds a majority of the shares of Allright Beaumont Company from all claims, debts, demands or causes of action that the undersigned Owner has or may have as a result of or arising out of the aforesaid Lease Agreement attached as Exhibit "A." Any debts, claims, demands or causes of action accruing prior to the date of this assignment or specifically not extinguished hereby. IV. The undersigned Assignee and Owner do hereby ratify and confirm the Agreement attached as Exhibit "A" and all accompanying documents except as the same may have been altered and amended by this Agreement. G ACMAG R E EME MALLR I G HT.800 V. Assignment of the Agreement found in Exhibit °A° shall commence on the date of execution of this Agreement. EXECUTED this day of , 2000. OWNER, THE CITY OF BEAUMONT BY: Stephen J. Bonczek ATTEST: BY: ASSIGNOR, ALLRIGHT BEAUMONT COMPANY BY: ASSIGNEE, LEE PARKING, L.L.C. BY: David Lee GACGWGREEMENVILLRIGHTAW