RESOLUTION NO. BISTERFELDT, CLEGG, EBERLE, JORDAN, TIBBS AND SHEALY

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1 RESOLUTION NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, TIBBS AND SHEALY A RESOLUTION APPROVING AN ASSIGNMENT AND ASSUMPTION OF LEASE FROM NEW ALBERTSON S, INC. TO JB SCOTT; APPROVING AN ASSIGNMENT AND ASSUMPTION OF LEASE FROM JB SCOTT TO ALSCOTT, INC.; APPROVING A LANDLORD S ESTOPPEL CERTIFICATE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO THE CONSENT PORTIONS OF THE ASSUMPTION AND ASSIGNMENT AGREEMENTS AND THE ESTOPPEL CERTIFICATE ON BEHALF OF BOISE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, New Albertson s, Inc., owns a leasehold interest as tenant in real property located at 2049 Commerce Avenue in the City of Boise, County of Ada, State of Idaho, which land is improved with a building of approximately 61,504 square feet WHEREAS, New Albertson s, Inc. leases the land, which leasehold interest was created pursuant to the following documents: (i) An Agreement to Lease dated April 19, 1988, between Boise City, as lessor, and Boise Cascade Corporation as lessee, predecessor-in-interest to New Albertson s, Inc. (approved by Boise City Council Resolution No on May 10, 1988). (ii) An Amendment to Lease dated October 6, 1995, between the City and Boise Cascade (approved by Boise City Council Resolution No on June 9, 1998). (iii) A Second Amendment to Lease dated April 13, 1999, between the City and Boise Cascade (approved by Boise City Council Resolution on April 13, 1999). (iv) A Third Amendment of Lease dated February 7, 2000, between the City and Boise Cascade (approved by Boise City Council Resolution on February 29, 2000). (v) An Assignment of Lease dated June 27, 2000, between Boise Cascade and Albertson's, Inc. (approved by Boise City Council Resolution on August 29, (vi) An Assignment and Assumption of Lease Agreement dated June 1, 2006, between Albertson's, Inc. and New Albertson s, Inc. (approved by Boise City Council Resolution on June 6, 2006). I:\Legal\Legal Divisions\Legal Enterprise Division\Resos 2007\JB Scott from Albertsons R-80-07

2 WHEREAS, pursuant to an Asset Exchange Agreement, New Albertson s, Inc. agreed to assign to JB Scott its leasehold interest under the Lease and JB Scott agreed to assume the same; and WHEREAS, JB Scott seeks to assign this leasehold interest under the Lease to Alscott, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Assignment and Assumption Agreement by and between New Albertson s, Inc. as Assignor and JB Scott as Assignee, a copy of said Assignment and Assumption Agreement being attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Assignment and Assumption Agreement by and between J.B. Scott as Assignor and Alscott, Inc. as Assignee, a copy of said Assignment and Assumption Agreement being attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content Section 3. That the Landlord s Estoppel Certificate, a copy of said Certificate being attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 4. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest the Consent portions of said Assignment and Assumption Agreements and the Landlord s Estoppel Certificate for and on behalf of the City of Boise City. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise, Idaho, this February, day of I:\Legal\Legal Divisions\Legal Enterprise Division\Resos 2007\JB Scott from Albertsons R-80-07

3 APPROVED by the Mayor of the City of Boise, Idaho this February, day of ATTEST: APPROVED: CITY CLERK MAYOR I:\Legal\Legal Divisions\Legal Enterprise Division\Resos 2007\JB Scott from Albertsons R-80-07

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RESOLUTION NO. BISTERFELDT, CLEGG, EBERLE, JORDAN, TIBBS AND SHEALY

RESOLUTION NO. BISTERFELDT, CLEGG, EBERLE, JORDAN, TIBBS AND SHEALY RESOLUTION NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, TIBBS AND SHEALY A RESOLUTION APPROVING A LANDLORD S CONSENT AND ESTOPPEL CERTIFICATE BETWEEN BOISE CITY (DEPARTMENT OF AVIATION AND PUBLIC