88-4002 Lease Agr ElDorado MotorK,hn.C,, Printing — Sallne, Kansas
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RESOLUTION NUMBER 88-4002
A RESOLUTION
AUTHORIZING THE
MAYOR TO EXECUTE A
CONSENT
TO AN ASSIGNMENT BY
ELDORADO MOTOR
CORPORATION TO EBC,
INC., A
KANSAS CORPORATION
AND A WHOLLY
OWNED SUBSIDIARY OF THOR
INDUSTRIES, INC., OF
A CERTAIN LEASE
DATED APRIL 1, 1986
BY AND
BETWEEN THE CITY
OF SALINA, KANSAS,
AND ELDORADO
MOTOR
CORPORATION.
WHEREAS, on the 1st day of April, 1986, the City of Salina, Kansas
(the "City"), as the Lessor, entered into a Lease with ElDorado Motor
Corporation, as Lessee, covering certain property located in Saline County,
Kansas; and
WHEREAS, ElDorado Motor Corporation desires to assign all of its
right, title and interest in and to said lease to EBC, Inc.; and
WHEREAS, Section 9.2 of
the
Lease provides that
ElDorado Motor
Corporation may assign its interest in
the
Lease with the prior
written consent
of the City, but that in the event
of
such an assignment,
ElDorado Motor
Corporation shall remain fully liable
for
the performance of
its duties and
obligations under the Lease, SO NOW,
THEREFORE
Kansas:
BE IT RESOLVED by the Governing Body of the City of Salina,
Section 1. That the Mayor be authorized to execute a Consent,
pursuant. to Section 9.2 of the Lease dated April 1, 1986, by and between the
City. and ElDorado Motor Corporation, to an assignment by ElDorado Motor
Corporation of all of its right, title and interest in and to said Lease to EBC,
Inc., a Kansas Corporation and a wholly owned subsidiary of Thor Industries,
Inc., upon the condition that all obligations of EBC, Inc. under such assignment
be guaranteed by Thor Industries, Inc.; provided, however, that in accordance
with Section 9.2 of the Lease, ElDorado Motor Corporation shall remain fully
liable for the performance of its duties and obligations under the Lease and no
such assignment and no dealings or transactions between the City or the Trustee
and EBC, Inc. or Thor Industries, Inc. shall relieve ElDorado . Motor
Corporation of its duties and obligations under the Lease.
Section 2. That this resolution shall be in full force and effect from
and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this
6th day of September, 1988.
[SEAL]
ATTEST:
10
Robert K. Biles, City Clerk
Syl, ney oderberg, ayor