HomeMy WebLinkAboutResolution - City Council - 70-080 - 1970-05-07RESOLUTION NO. 70-80
Aileen -~
Transportation -6
WHEBE.AS, the City of Fresno OJ) Ihe 1st day of February,
1962, enlered into a Lease and Agreement in wl'Hh}}s [OJ' }) peJ'iod of Ihh'ty
(30) years commencing April 1, 1962 with the lJO\VJ\HDWINTEHS CO. for
Lease Lots 6 and 6A aL the Ji'resno Air Torminal Ior the purpose of a llOngar
and fixed·bnse operation; ana
WHEREAS, by subsequent amendments the term of said Lease
and Agreement was modified to provide for a period of thirty (30) years
commencing January 1, 1063; and
WHEREAS. the City of };'resno on the 1st day of September.
1966
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entered into a second Lease and Agreement jn writing for a period of
. thirty (30) years commencing September 1, 1966 with the HOWARD W1N'J'ERS CO.
for Lease Lots 7 and 7A at the Fresno Air Terminal for the purpose of a hangar
and fixed-base operation; and
WHEREAS, on May 1, 1970 the HOWAHD WJNTERSCO. "filed a
voluntary petition in bankruptcy which, per the provisions oj both Leases arid.
Agreeinenls. constitutes an uncurable default and grants the City the right to
immediately terminate both ;lgrecments for such incurable default; and
WHEHE.t\S, Mr. Lo)'!?}} 13. Pipes. as lendor for improvements
built on Leaae Lots D nnd DA, holdA n deed of lrust OJ) said improvements and
also owns improvements on Lense Lots 7 and7A under a contract of sale to
HOWAHD WJNTJ!;nS CO.; and
WHERE.I.\S, said Leases and Agreements provid~thal upon
the existence of a recorded deed of trusl the llOlder of such deed of trust or his
designee has a right to enter jnto a new lease for the unexpired portion upon
the same terms and condit ions including rentals as.those contained in tl1e
Len8eB and Agreements wB}) HOWAnD WINTERS CO. ;
NOW THEHEFOHE, BE IT HESOLVED ~hat the above
referenced Leases and Agreements hetween the City of }"'resno and
HOWARD WINTJ~HS CO .• signed by Howard \VinteJ'R. H)'e }HH'chy hn'minnted
and at an end due to an uncurablc defaull of Howard Winters, the filing of
voluntary bankruplcy.
13];; IT FURTHEH H]~SOLVED Umt the Dil'eclol' of 1'l'anSpOl'tat ion
is hereby authorized on behalf of the City tD execute new lenses and ugl'eemen(};
between the City of Ii'resno and Loren B. Pipes or lJis designee for the unexpired
term. of tlw aforesaid tal'minaLed Leases and Agreements upon the same terms
and conditions as those contained in said Leases and Agreements, provided
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that Loren B. Pipes or his designee pay all arrearage of renia] and flowage
iees liwr!: by the JJOWAHD W1N'l']~HS CO .. which may nol he covered by a
performance bond, to dale of said new leases and agreements.
CLERK'S CEHTJFJCA'l'JON
STATE OF CALIFOHN1A)
COUNTY OF FRESNO ) SS.
CITY Oli' FR1~SNO )
. 1, JACQU1~lJJNE IJ, RYLF., City Clerk of the CHy oI li'reBl1o,
certify that the foregoing resolution was adopted by the Council of the City
of Fresno, California, a1 a regulal' meeting held on the 7th day of
May , 1970. . .
JACQUELINE L, RYLE
City Clerk
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" By . r
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