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HomeMy WebLinkAboutRESOLUTION - 18-12 - 4/10/2012 - CONSENT TO ASSIGNNNENT LOWER ASSETS NEWCORESOLUTION NO. 18-12 A RESOLUTION RESCINDING RESOLUTION NO. 16-11 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A LANDLORD/LESSOR CONSENT TO ASSIGNMENT OF LEASE AND RENTS (TOWER ASSETS NEWCO/TV6-W ENTITY)(1060 OAKTON STREET) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached document marked: LANDLORD/LESSOR CONSENT TO ASSIGNMENT OF LEASE AND RENTS a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That the adoption of this Assignment by the Village provides consent to and approval of said Assignment of Lease and Rents from Tower Assets Newco/TV6-W Entity to Trustmark National Bank. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 101h day of April 2012. APPROVED this 101h day of April 2012. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk Rmescind 16-I1 andConscntotAssimt Landlord/Lessor Consent to Assignment of Lease and Rents The Landlord/Lessor as listed in the signature block below ("Landlord"), is either the lessor or landlord, or a successor in interest to the lessor or landlord, as the case may be; under the Lease Agreement dated 1/3/1997 by and between the undersigned and TAN II (the "Lease"). Landlord joins in this Assignment to consent to and approve said Assignment of Lease and Rents. In the event of a default under the Lease, Landlord agrees to give notice to Lender of such default at the following address and an opportunity to cure such default within ten (10) days for any monetary default and thirty (30) days for any nonmonetary default, during which period Lender shall have the right, but not the obligation, to remedy or cure such default; provided, however, that if such default cannot reasonably be cured within thirty (30) days, then Lender shall have such longer period of time as may be reasonably necessary to cure such default so long as Lender pursues the cure of same with due diligence: TRUSTMARK NATIONAL BANK 1365 S. Germantown Road Germantown, Tennessee 38183 Attn: Brandon Cooper Landlord is not a party to the Assignment for any other purpose, except those specifically expressed in this consent, and otherwise assumes no obligations thereunder. LANDLORD: Village of Elk Grove Village By: Craig B. Johnson Its: Mayor STATE OF •a • On , 2012, before me, a Notary Public personally appeared as , known to me to be the person whose name is subscribed to the within instrument and who acknowledged to me that he/she executed the same in his capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. (Signature of Notary Public) Notary Public, State of _ Commission My commission