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