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HomeMy WebLinkAboutResolution 2016-026 Approving Sullivan Lease AssignmentMARANA RESOLUTION NO. 2016 -026 RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE TOWN OF MARANA LEASE ASSIGNMENT WITH LANDLORD CONSENT, CONSENTING TO THE ASSIGNMENT BY CHRISTOPHER & STACY SULLIVAN DBA C &S CALVES TO SG FARMS L.L.C, OF THE LEASE OF APPROXIMATELY 22.85 ACRES OF TOWN -OWNED PROPERTY ABUTTING THE NORTH BOUNDARY OF THE MARANA WASTEWATER RECLAMATION FACILITY WHEREAS Christopher and Stacy Sullivan, doing business as C &S Calves, are the tenants on a lease of approximately 22. S S acres of Town -owned property abutting the north boundary of the Marana Wastewater Reclamation Facility, approved by Marana Resolution No. 2015 -015 adopted on February 3, 2015; and WHEREAS Christopher and Stacy Sullivan desire to assign their interest in the lease to SG Farms L. L. C, an Arizona limited liability company of which the Sullivans are the sole members; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by consenting to the lease assignment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Town of Marana Lease Assignment with Landlord Consent attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15"' day of March, 2016. N� f r MARANA l ATTEST: �'IV ►r _, 1 e onson, Town Clerk 00045599.DOCX I1 ReSOlLftion No. 2016 -026 Mayor Ed H nea APPROV D AS TO FORM: F nk Ca y, Town A ft/,n ey 3/2/2016 8:39 AM FJC Exhibit "A" Wl - 11:;N ICE CORD1: Y), RE- -l"[. RN TO: Pick Up— 'Town Clerk "I OWN OF MARANA f ; rank Cassidy, 'row A t torne y TOWN of MARANA LEASE ASSIGNMENT WITH LAND LORD CON SENT (CHRISTOT'HER & STACY SULLIVAN TO SG FARMS L.L.C) This Lease Assignment (this "Assignment ") is made and entered into by and between Christopher & Stacy Sullivan, husband and wife, doing business as CBS Calves (collectively the " "Tenan.t ") and SG Farms L.L.C, an Arizona limited liability company (the "Assignee "'), with the consent of the Town of Marana, an Arizona municipal corporation (the "Landlord") 1. The Lease. The Landlord and the Tenant entered into a lease with a term beginning February 1.2, 2015, recorded in the office of the Recorder of Pima County, Arizona, on February 20, 2015 at Sequence 20150510197 (the "`Lease "). 2. Assignment. The Tenant hereby assigns its rights and res ponsibilities under the Lease to the Assignee, and the Landlord hereby expressly consents to the assignment. 3. Assignee's Representations. The Assignee represents that it has reviewed the terms of the Lease and is ready, willing, and able to comply fully with its terns. 4. Notices. After the effective date of this Assignment, any notices required under the Lease shall be delivered personally or by certified email, directed as follows: If to Assignee: SG Farms L.L.0 30703 East Goodman ranch Place Marana, AZ 85658 If to Landlord: Marana Town Clerk 11555 Nest Civic Center Drive Marana, AZ 85653 With a copy to: Marana Legal Department 11555 West Civic Center Drive Marana, .Az 85653 00045456 ')0CX / - I - 2/ 215/201.6 4.40 PM I � JC" IN WFINJ­',SS Assi a-rid the Latldlord- have diis Assi as of the last dat(,� set forth below their respective si CONSENT To AsS1G"NMENT*" LAN ' PLORT.)" -of Mariana, a izona n * . i:unj-cij3a.1 own "TENANT" Christopher & Stac Sullivan, husband and wife,, doin busirtess as C&S Calves Christo er Sullivan [Xife- co,i'.'poration. . .......................... U- ivan. t Ic S11 Ed flortea, Ma ()r Date: Date: J ocel y n C. Bronson, Town Clerk -i Ar "D A.S Foim, Frank Cas.si.d "I(:wn Atto.i'ne "'AsSIGNEE"". SG FaYms'LL.C, an Arr*/,()na 1.1mited 11LIbilit compan ("]'J1Y1St'0 I SU, I Iva-1 Date., <7 KA . . ....... S-ta' P.- Stillivart, Member D ate State of Arizona: SS Count of -Pima ) 4 "N/ 6 The f-(.-)r('-x 1'11 instrument was acknowled beft)re me o ,"2- o n C-- -t bus.iness ars C&S 20116, b Chi. topher & Stac Sulfivan, husband and w"f( I Calves. ... .... ( Seal ) N - P ic otai ubb d 6 M 1 W045456, IX)(-.X./ '1 -2- 2/'2`J/20'16 4:40 111M. VJC' C Aatc (')f Arizona "',/ SS CouritV of 'N'T'na, a fht.? fore instrument was ackno'wled before ine on 2016, b Christopber R. Sullivan, Tvlember of SG Farms L.L.C., art ArIzorta limited. Iftibi-Ii-tv (:01.1n.pan on behaff of 4A (Seal) Notar PublK Oy' State of Arizona ) / Count ofRpfta: �. The fore wc-ts acknowled before: me on 2010, b Stac P. Sullivan, Member of SG Farms L C, an Arizona, Ift'nited, l Sabi ll-t compan on behalf -of the LLC. (Seal) s : ............ ...... ................... . .......... ..... . Notat Public P , 4. j f t r < 2 J 2 0 0004,5456,1WX /J. -3- 2/25/2010 4:40 I'M F)C