HomeMy WebLinkAboutAgreement A-10-309-4 with Fresno Rescue Mission.pdf1
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Agreement No . 10-309-4
ASSIGNMENT OF AGREEMENT
THIS ASSIGNMENT OF AGREEMENT No . 10-309-4 ( "ASSIGNMENT") is made and
3 entered into this .21..fil_ day of January 2020 , by and between the County of Fresno , a
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political subdivision of the State of California ("COUNTY"), FMAAA Foundation , whose address is
3837 North Clark Street , Fresno , CA 93726 ( "ASSIGNOR"), and the Fresno Rescue Mission , ,
whose address is 263 G Street , Fresno , CA 93716 ("ASSIGNEE ").
WITNESS ETH:
WHEREAS , COUNTY and ASSIGNOR are Parties to that certain Lease Agreement 10-
309 ( "LEASE"), dated June 22 , 2010 , for 4 ,000 square feet of office space at the location
commonly known as 2085 E . Dakota Avenue , Fresno , CA 93726 , and 4 ,000 square feet of storage
space at the location commonly known as 2025 E. Dakota Avenue, Fresno CA 93726 (collectively ,
the "Premises");
WHEREAS, the Lease was amended by First Amendment on May 20 , 2014 , and by
Second Amendment on September 26 , 2017 , and by Third Amendment on July 10, 2018 ;
WHEREAS , ASSIGNEE has purchased the Premises from ASSIGNOR ;
WHEREAS , Section 18 of the Lease provides for the ass ignment thereof, with the written
consent of the Parties thereto ;
WHEREAS , ASSIGNOR wishes to assign , transfe r, and delegate all of its rights ,
benefits , benefits, responsibilities , and obligat ions under the Lease t o ASSIGNEE ; and
WHEREAS , ASSIGNEE represents that s/he is willing and qualified t o accept the
assignment , transfer , and delegation of ASSIGNOR 'S rights , benefits, responsibilities , and
obligations under the Lease , and to perform fa ithfully and completely in ASSIGNOR 's stead
thereunder.
NOW, THEREFORE , the parties agree that the Lease shall be , and is , transferred and
assigned by ASSIGNOR to ASSIGNEE as follows :
1. ASSIGNOR hereby transfers and assigns all of its rights , interest , obligations , and
responsibilities under the Lease to ASSIGNEE.
2 . ASSIGNEE he reby accepts from ASS IGNOR the Assignment of the Lease , and
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LESSEE business day), provided that the sender maintains a machine record of the
completed transmission . For all claims arising out of or related to this Lease,
nothing in this section establishes , waives , or modifies any claims presentation
requirements or procedures provided by law , includ ing but not limited to the
Government Claims Act (Division 3.6 of Title 1 of the Government Code , beginning
with section 810)."
ASSIGNEE 'S liability under the Lease , and under this ASSIGNMENT thereof, shall
8 include any and all liability that ASSIGNOR has to the COUNTY under the Lease, whether known
9 as of the date hereof or subsequently discovered and henceforth all such liability shall ASSIGNEE
10 accept.
11 8. This ASSIGNMENT shall be retroactive to August 10 , 2019 , the date that
12 ASSIGNEE purchased the Premises .
13 9 . ASSIGNEE and ASSIGNOR hereby represent that any prior payments from August
14 1 O, 2019 until the execution of this ASSIGNMENT , have been paid to the correct party , and that no
15 further payments are owed by COUNTY to ASSIGNOR.
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EXECUTED AND EFFECTIVE as of the date first above set forth .
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ASSIGNOR
24 FOR ACCOUNTING USE ONLY:
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Fund No.:
Subclass :
Org No .:
Acct. No.:
000 1
10000
56300010
7340
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COUNTY OF FRESNO
Ernest Buddy Mendes , Chairman of the Board
of Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By : S, .LSC½'.\:=&shof>
Deputy