Assignment and Assumption of Lease
This Assignment and Assumption of Lease (this, “Assignment”) dated as of the_________ day of _______, 20 23 is entered into by and between Stephen W. and Norma G. Morris (collectively “Assignor”) and Stephen and Norma Morris Family Trust (“Assignee”).
WITNESSETH:
WHEREAS, there is that certain Lease Agreement between Assignor, as Less ee, and the City of Alameda, a charter city and municipal co rporation (“City) as Lessor, date d January 29, 1984 (the “Lease”) with respect to that certain real property (“Tidelands Parcel”) acquired by the City from the State of California to be held in trust for the people of California by Chapter 348 of the 5 Statutes of 1913, as amended by Section 1 of Chapter 594 of the Statutes of 1917 , and as further amended by the Naval Air Station Alameda Public Trust Exchange Act, Chapter 734 of the Statutes of 2000 and as further amended by SB 860, Chapter 249 of the Statutes of 2011 (as so amended, the “Granting Act”), Alameda, CA. as further described in the Lease, a copy of which is attached hereto and incorporated herein by this reference; WHEREAS, Assignor intends to assign its interest under the Lease to Assignee , which property is commonly known as 1354 Eastshore Drive, Alameda California, and Assignee desires to accept the assignment thereof;
NOW, THEREFORE, in consideration of the promises and conditions contained herein, the parties hereby agree as follows:
1. Effective as of the date hereof, Assignor hereby assigns to Assignee (i) all of its right, title and interest under the Lease, and (ii) the Security Deposit (if any).
2. Effective as of the date hereof, Assignee hereby accepts the foregoing assignment of all right, title and interest of Assignor in and to the Lease and assumes the obliga tions of Assignor under the Lease and agrees to perform and observe all the agreements, covenants and conditions of the Lease to be perform led by the Lessee thereunder to be performed by Assignor and arising from and after the Effective Date. Assignee agr ees to indemnify Assignor against and hold Assignor harmless from any and all cost, liability, loss, damage or expense, including, without limitation, reasonable attorneys’ fees, arising as a result of Assignee’s breach of the terms of the Lease after the date hereof.
3. This Assignment shall not be effective unless and until consent to the assignment of the Lease is given by the City of Alameda.
4. This Assignment shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest and assigns.
5. This Assignment may be executed in any number of counterparts, ea ch of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document. Delivery of an execu ted signature by facsimile, PDF or other electronic format (including DocuSign or HelloSign) shall be as effective of a manually executed original signature.
[Signatures are on the following page]
IN WITNESS WHEREOF, the parties hereto have executed t his Assignment and Assumption of Lease as of the date first above written.
ASSIGNOR: ASSIGNEE:
By: _______________________________ By: _______________________________ Stephen W. Morris Stephen and Norma Morris Family Trust Date: ____________________ Date: ____________________
By: _______________________________
Norma G. Morris
Date: _______________
CONSENT TO ASSIGNMENT
The City of Alameda, as Lessor under the Lease described above, hereby consents to the above Assignment, provided that this consent shall not in any way be deemed a consent to any further assignment, and provided that Assignor shall not be released from it s obligations, covenants, representations, warranties and any other matters under the Lease arising or accruing before the Effective Date.
City of Alameda,
A charter city and municipal corporation
By: __________________________
Jennifer Ott
City Manager
Date: __________________________
Approved as to Form:
By: ____________________________
Len Aslanian
Assistant City Attorney
Recommended for Approval:
By: ____________________________
Lisa Maxwell
Community Development Director