HomeMy WebLinkAbout20130977.tiffRESOLUTION
RE: APPROVE CONSENT TO ASSIGNMENT OF COMMERCIAL LEASE AGREEMENT
(AGFINITY, INC. 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 (Agfinity, Inc. 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 CUORADO
ATTEST:
Weld County Clerk to the Board
BY: v u;►i.
Deputy Cler3). the Board
ED AS ! • RM:
torney
William F. t arcia, Chair
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Date of signatureMAY 0 1 2013
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2013-0977
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 August 5, 2011, Agfinity. Inc. f/k/a Agland, Incorporated
(hereinafter referred to as "Agfinity") and Assignor entered into that certain Commercial Lease
Agreement to supply CNG Equipment for Agfinity's facility having an address of 260 Factory
Road, Eaton, CO 80615 (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, Agfinity 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.
2013-0977
6. This Agreement shall be binding on and
successors in interest and assigns.
IN WITNESS WHEREOF, the parties in
Assignment to be executed by their duly authorized
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inure to the benefit of the parties hereto, their
tending to be legally bound have caused this
representatives on the date set forth below.
ASSIGNOR:
MANSFIELD GAS
EQUIPMENT SYSTEMS CORPORATION
BY:
TITLE: Tr 4-31 A -
DATE:
ALvacar-h&ir
ASSIGNEE;
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MANSFIELD OIL COMPANY OF
GAINESVILLE, INC.
BY:
A
TITLE: Ase l
DATE: H )094 113
{Signatures Continued on Next Page}
CONSENTED TO BY:
btethfin.s._. 15/1 74
Notary Public
My Commission Expires:,j
[Affix Notarial Seal]
CONSENTED TO BY:
Witness
Notary Public
My Commission Expires:
[Affix Notarial Seal]
AGFLNITYSINC.
BY
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NAME: "cirri", fr/Lr..-vi f.03
TITLE:
DATE:
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THE COUNTY OF WELT)
BY:
NAME:
TITLE:
DATE:
CONSENTED TO BY:
AGFINITY, INC.
Witness
Notary Public
My Commission Expires:
[Affix Notarial Seal]
CONSENTED TO BY:
Witness
Notary Public
My Commission Expires:
[Affix Notarial Seal
MY COMM. EXP. 0440.2016
BY:
NAME:
TITLE:
DATE:
THE COUNTY OF WELD
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BY: (A/( /
NAME: William F. Garcia
TITLE: Chair, Board of Weld County Commissioners
DATE: APR 222013
Esther Gesick
From: Bruce Barker
Sent: Tuesday, April 16, 2013 9:54 AM
To: CTB
Subject: FW: CNG LOCATIONS Lease Assignments
Attachments: Agfinity Assignment of Commercial Lease Agreement, Feb 27, 2013.docx; Assignment of
Commercial Lease Agreement, Feb 27, 2013.docx
Please put these on Monday's agenda. They can be considered as one item.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Bo Bearden [mailto: BBearden@ mansfieldoil.com]
Sent: Tuesday, April 16, 2013 9:47 AM
To: Bruce Barker
Cc: Elizabeth Belford
Subject: FW: CNG LOCATIONS Lease Assignments
Bruce,
Please find attached the documents with corrected signature line. Do you think we can have these documents
executed by Weld County before Friday 4/26.
Bo Bearden
Retail Operations
Mansfield Oil Company
From: Bruce Barker [mailto:bbarker@�co.weld.co.us]
Sent: Tuesday, April 16, 2013 11:23 AM
To: Elizabeth Belford
Cc: Bo Bearden
Subject: RE: CNG LOCATIONS Lease Assignments
1
The Board will need to consent to them by formal resolution. Bo: Please change the County signature to "THE COUNTY
OF WELD." The Board Chairman will sign.
Thanks!
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
2
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