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HomeMy WebLinkAbout05 FOOD & BEV TSP 10-07-96AGENDA NO. 5 10-7-96 DATE' SEPTEMBER 23, 1996 lnter-Com TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY SERVICES DEPARTMENT RESOLUTION NO. 96.-98: APPROVING THE ASSIGNMENT OF THE LEASE AGREEMENT FOR THE FOOD AND BEVERAGE CONCESSION AT TUSTIN SPORTS PARK SUMMARY: Michele Insko has requested that the food and beverage lease agreement at the Tustin Sports Park be assigned to her new corporation, Cyrano's Sports Cafe, Inc. The City Council may complete this transfer by approving the attached Assigmnent by Resolution. RECOMMENDATION: Approve Resolution No. 96-98 to assign the food and beverage concession at the Tustin Sports Park to Cyrano's Sports Cafe, Inc. FISCAL IMPACT: None. BACKGROUND: The current lease holder for the food and beverage concession at the Tustin Sports Park is Michele Insko. Michele has requested that the lease be assigned to Cyrano's Sports Cafe, Inc. Prior written consent from the City is required to reassign the lease agreement. Staff has worked with the City Attorney and is satisfied that the corporation can perform the lease as well as Michele Insko. Gar~agi 1~ Recreation Superintendent Attachments: wp/tsp/a:reso96.cyr Resolution Articles of InCorporation Assignment of Lease Agreement Director, Community 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ASSIGNMENT OF THE LEASE AGREEMENT FOR THE FOOD AND BEVERAGE CONCESSION AT TUSTIN SPORTS PARK WHEREAS, on October 16 , 1995, the City of Tustin ("City") and Michele Insko ("Lessee") entered into a Lease Agreement for a Food and Beverage Concession at the Tustin Sports Park (the "Lease"); and WHEREA~, Section 18 of the Lease prohibits assignment of the Lease "without the prior consent of City, which consent shall not be unreasonably withheld;" and WHEREAS, Cyrano's Sports Cafe, Inc., is a new corporation formed by Michele Insko, that desires to assume all of the Michele Insko's rights and obligations under the Lease'; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN.~ CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That Cyrano's Sports Cafe, Inc. is capable of performing the Lease as well as Michele Insko. SECTION 2. That the Assignment' of the Lease Agreement, attached hereto as Exhibit ,'A," is hereby approved, and shall become effective upon the notarized signature of a duly authorized corporate officer of Cyrano's Sports Cafe, Inc. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 7th day of October, 1996. ATTEST: TRACY WILLS WORLEY, MAYOR PAMELA STOKER CITY CLERK 09/10/96 . 14:34 State .,. ' .C Iifornia SEC, RETARY OF STATE 1~102 1774276' CORPORATION DIVISION I, BII.I. JONES, Secretary of State of the State of California, hereby cerdfy: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN W/ITNESS WIIEREOF, ! execute this certificate and affix the Great Seal of the State of California this DEC'I 4 1995 09/10/96 14'34 FAX CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPOR3~TION OF CYRANOS COFFEE HOUSE, INC. 1~05 470450 ENDURSED FILED DI the Se~:rel:,r~' ol Stale tILL JONES, Secretary of Slate ./ Stuart L. Wallach certify that: 1. He is the incorporator of that certain c~rporaCion known as Cyranos Coffee House, Inc., a California Corporation. 2. There has nog been a firs~ meeting of the corporation as of date of the signing of this Certificate of Amendment and there are no directors or officers. The incorp~orator has approved the following amendment to ~rticle I of the Articles of Incorporation of said corporation to read as follows: The name of this corporation is ".Cyrano$ Sports Cafe, Inc." 3. The amendment has been approved by ~he incorporator. 'There are no shares of stock outstanding at this rims- DATED: Jancary 4, 1996 STUAi{T L. ~WALLA~H, I~e~Pc'rat°r I declare under penalty of perjuzy that the mauters set for~-h in this Certificate are true and correct to the be~t of his o r, knowled, ge an:~ th.~_s decl.~r~=ion %,'ms exe-.uted on Januarys. 4, 1996, in Newport Beach, California- STUART ~.'WA~C~~nc°~O~ ASSIGNMENT OF LEASE AGREEMENT (FOOD AND BEVERAGE CONCESSION AT TUSTIN SPORTS PARK) Cyrano's Sports Cafe, Inc. a California Corporation, hereby assumes and accepts all of the rights and-o.bligations of Lessee, Michele Insko, under the Lease Agreement entered into on /O//~.~ , 1995, by and between the City of Tustin and Michele Insko for the Food and Be,Ferage Concession at the Tustin Sports Park. CYRANO'S SPORTS CAFE, INC. /i,ii, (attach All Purpose Notary Acknowledgment) 1100-00014 31957_1 Exhibit 'A' CALIFORNIA ALL.PURPOL .~CKNOWLEDGMENT No, 5907 - ~ N^ME. T,TLE O~'~.E,-E.~.. ;J^,E ~E. N~"^m' ~U,L,C' personally appeared , NAME(S) OF S~GNER(S) ['-) personally known to me - OR - E~ proved to me on the basis of'satisfactory evidence to be the person(~ whose name~/a+e- subscribed to the within instrument and ac- knowledged to me th~executed the same in ~ a/p.~rized ~ capacity(i~s-), and that by ~th-e-i-¢ signature(~ on the instrument the person(¢~, or the entity upon behalf of which the person(/~ acted, executed the instrument. COMM. # 1023103 OR. ANGE COUNTY co~,~_: [.,¢,.? MAY OPTIONAL ' ' Though the data below is not required by law, it may. prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER F--] INDIVIDUAL ~ CO~EP~RATE OFFICER TITLE(S) r-'] PARTNER(S) [--] LIMITED J-'-] GENERAL ~ ATTORNEY-IN-FACT [--] TRUSTEE(S) ~ GUARDIAN/CONSERVATOR E~ OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCL NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: ..../-." . :. SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION * 8236 Remme! Ave., P.O. Box 7184 * Canoga Park. CA 91309-7184