HomeMy WebLinkAbout20130976.tiffRESOLUTION
RE: APPROVE CONSENT TO ASSIGNMENT OF COMMERCIAL LEASE AGREEMENT
(FIRESTONE CONVENIENCE, LLC FACILITY) FROM MANSFIELD GAS
EQUIPMENT SYSTEMS CORPORATION TO MANSFIELD OIL COMPANY OF
GAINSVILLE, INC., AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Assignment of a Commercial Lease
Agreement for CNG Equipment (Firestone Convenience, LLC Facility) from Mansfield Gas
Equipment Systems Corporation to Mansfield Oil Company of Gainsville, Inc., with terms and
conditions being as stated in said assignment, and
WHEREAS, after review, the Board deems it advisable to consent to said assignment, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, hereby consents to the
Assignment of a Commercial Lease Agreement from the Mansfield Gas Equipment Systems
Corporation to Mansfield Oil Company of Gainsville, Inc.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said assignment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of April, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COJdf4TY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
De
oun y'ttorney
William F. Garcia, Chair
C-
Sean P. Conway
Mike Freeman
Zr�
Barbara Kirkmeye,
Date of signature:
MAY 0 1 2013
Cc 04 I P'4ply
2013-0976
EG0068
ASSIGNMENT OF COMMERCIAL LEASE AGREEMENT
This Assignment of Commercial Lease Agreement (hereinafter referred to as the
"Assignment") is made this day of , 2013 by and between MANSFIELD
GAS EQUIPMENT SYSTEMS CORPORATION with an address of 1025 Airport Parkway,
SW, Gainesville, GA 30501 (hereinafter referred to as the "Assignor") and MANSFIELD OIL
COMPANY OF GAINESVILLE, INC. with an address of 1025 Airport Parkway, SW,
Gainesville, GA 30501 ( hereinafter referred to as the "Assignee").
WHEREAS, on or about June 9, 2011, Firestone Convenience, LLC (hereinafter referred
to as "Firestone") and Assignor entered into that certain Commercial Lease Agreement to supply
CNG Equipment for Firestone's facility having an address of 20203 Highway 60, Platteville, CO
80651(hereinafter referred to as the "Agreement"), which Agreement is incorporated herein by
reference.
WHEREAS, Assignor desires to assign its interest as Lessee in the Agreement to
Assignee, and Assignee desires to accept the Assignment thereof; and
WHEREAS, Firestone consents to the Assignment by Assignor to Assignee.
NOW, THEREFORE, in consideration of the foregoing, the mutual promises herein
contained, and of other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Assignor and Assignee agree as follows:
1. The above recitals are incorporated herein by reference.
2. Assignor hereby assigns to Assignee all of its rights, title and interest in and to the
Agreement.
3. Assignor warrants and represents that as of the date hereof, the Agreement is in full
force and effect, there exists no default on the part of Assignor thereunder and that the Assignor
has all of the right and title and interest of the Purchaser therein.
4. Assignor further warrants and represents that the Agreement is fully assignable and
Mansfield consents thereto, subject to the terms herein.
5. Assignee hereby assumes all of the Purchaser's obligations under the Agreement and
agrees to indemnify Assignor against and hold Assignor harmless from any and all costs,
liabilities, losses, damages or expenses, including without limitation, reasonable attorney's fees
originating subsequent to the date hereof and arising out of the Purchaser's obligations under the
Agreement.
2013-0976
6. This Agreement shall be binding on and inure to the benefit of the parties hereto, their
successors in interest and assigns.
IN WITNESS WHEREOF, the parties intending to be legally bound have caused this
Assignment to be executed by their duly authorized representatives on the date set forth below.
ASSIGNOR:
MANSFIELD GAS
EQUIPMENT SYSTEMS CORPORATION
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ASSIGNEE:
MANSFIELD OIL COMPANY OF
GAINESVILLE, INC.
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TITLE: 11/451/4 -l-
DATE: 41041 I
{Signatures Continued on Next Page}
CONSENTED TO BY:
FIRESTONE CONVENIENCE, LLC
4iranyie dV V,sC 4
Witness
otary Public
My Commission Expires: 6/I
[Affix Notarial Seal]
CONSENTED TO BY:
Witness
Notary Public
My Commission Expires:
[Affix Notarial Seal]
NAME: 2/X//6,,on A:Ica79Vg.
TITLE: �r m ALA.
0 0-9
DATE:
THE COUN'T'Y OF WELD
BY:
NAME:
TITLE:
DATE:
CONSENTED TO BY:
FIRESTONE CONVENIENCE, LLC
Witness
Notary Public
My Commission Expires:
[Affix Notarial Seal]
CONSENTED TO BY:
Notary Public
My Commission Expires:
[Affix Notarial Seal
MY COMM. EXP. 04.10.2016
BY:
NAME:
TITLE:
DATE:
THE COUNTY OF WELD
BY:
NAME: William F. Garcia
TITLE:Chair, Board of Weld County Commissioners,
APR 222013
DATE:
02e/j- 226
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