HomeMy WebLinkAboutAlamosa Properties-Lease Assignment & Assumption 2.14.2001P.O. Box 6%$~0
5~5 S. Loop ~$9, Suite 1~0
Lubbock, TX 794~64-~g~0
Voice 806 7~2 ~8~
Fax 806 7~ ~856
December 1, 2003
City of Oshkosh
Attn: City Manager
215 Church Ave.
Oshkosh, WI 54903-1130
Lease Assignment and Assumption Agreement dated February 14, 2001
Alamosa reference # ML15AL085 - OSIt 5B
To Whom It May Concern:
Please be advised that an internal audit has uncovered that in our correspondence of February 14, 2001,
we inadvertently advised you of incorrect assignor and assignee. Our original letter indicated the
assignment to a sister company. The above-referenced Lease was assigned and transferred from Alamosa
Wisconsin Limited Partnership to its real property subsidiary, being Alamosa (Wisconsin) Properties,
LLC. The notice address for Alamosa (Wisconsin) Properties, LLC is P.O. Box 64840, Lubbock, Texas
79464, Attn: Kelly Alderman, Leasing Administrator. We have also enclosed a copy of the original
Lease Assignment and Assumption Agreement for your files.
We apologize for any inconvenience. Please call me at (806)722-2822 or respond via written
correspondence if you have any questions. Thank you.
Sincerely,
Kelly Alderman
Leasing Administrator
cc: Steven Pormoy, Esq.
Kevin Beierschmitt
THIS AGR.EEMENT is made as of February ]_~b 2001, by and
between.ALAMOSA WIS'CONSIN LD/fiTED PARTNERSHIP, a Wisconsin limited-
partnership ("As~{enor"), and. ALAMOSA (WISCONSIi~'PROPEPc fLe:$, LLC, a
Wisconsiu limited liability-comp any ('-'assignee').
Recitals of Fact
A. Assignor is t_he present tenant under those certain leases more
particularly deseribext on. Exhibit-A attac~efl hereto: and- made a pm'I-hereof.(eollee~
tively, the "Leases").
B. The Leases affei:f Certain premises more particularly descfib~ed
in the Leases (collectively, the"premises").
C. Assignor desires to assign to Assignee and Assignee desh'es to
accept an ~sigtmaent fi-om A~signor o£th-e I~i~eh'6Id-ififere~t~ and-0thii' xigtii~- !
created under the Leases on the terms and conditions hereinafter ~et forth.
A~reeme~nt
IN~2ONfitDERATION-of Ten'Dollm's ($ t 0.00)'paid'in- hanfl,~the
foregoing premises.and"for other' good and valuable 'e6nsiderat~on, th'-~ receipt and-
sufficiency of which is acknowledged by all parties, the parties hereby'agree as
follows:
1. Assi~xne~.. From and-after the da~e hereo~.:Assig~or bei~ebyassigas,..
transfers, sets over and conveys to Assignee, its successors and assigns, and.Assignee ·
hereby accepts; all'-of&~ffgnufa ~,l;~, tltt~-an~fiieres! i~ arld:~ ~a) ~e Leases~ ('d)5
the Premises; (c) any other part ofthe applicable Building Cas defined in the Leases)'
in which Assignor has any figlit or interest.under the Leases or any ~ssociated or
collateral agreements~ and (d) all.incident, and at!p__~...enant~igl~_~:wixich Assi~9~
may ha-ye or posses~ in connection with the Leases, the-Premises or'the,Btiildings. -
2. Assumpti0;r~.'A~lignee h~rebj f~illy-and'~0i~pl6t61y agsumes obsef- ·
vance and performance of, and agrees to be personally bound by, (i} ail of the
covenants and cpnditions of the Leases on Assignor's part.to be observed and
performed, and (ii) each and every obligation o£Assignor as the holder of any of the
rights and interests transferred in Section 1 above.
3. Govemine LaW. This Agreement shall be governed by the laws of the
respective states where the Premises are Iocated, as applieabIe, without regard to any
choice or conflict oflaw'principles. Thfs Agreement may not'be amended except by ~
doeumen~ signed by all parties hereto.
4. Counterparts. Th~s Agreement may be executed in ~ny number of i
counterparts, each ofwhieh when so executed and delivered shall be deemed an
original and all of which when taken together shalI'ebnStitute but oy/e and the ~ame'
instrument.
5. Successors and Assigns. This Agreement shall be binding upon and
inure to the benefit of.~aigno~ and Az~ignee.and-thei~mspective ~ueees~ors-and~
permitted assigns. '
[REMAINDER OF-PAGE 'It~EN~ONAI~LY ,LEFT- BLAt~].~
IN WITNESS WHEREOF, the parties have executed this Agrccmv. nt
as of the clay and year above written.
ASSIGNOR:
ATTEST:
ALAMOSA WISCONSIN
Title: Presiclent
[COtLPOP, A. TE SEAL]
SIGNED, SEALED AND DELIVEKED~
IN THE PRESENCE OF:
Name:
Title:
ASSIGNEE;
'ATTEST:
[CO POP T
SIGNED, SEA ! .ED ~ DELIVEREU ....
IN THE PRESENCE OF:
Title: .
AtAMOSA (W SCONSn, O
Title: President
EXHIBIT A
Description ofth~ Leases