B-146120, OCT. 17, 1961
Highlights
INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 8. - IS NOT PROPERLY BEFORE US FOR CONSIDERATION AT THIS TIME. IT WAS STATED THAT THE FOREGOING CONVEYANCE WAS DELIVERED AND MADE SUBJECT TO LEASE NO. IN THE LIGHT OF THE FOREGOING CONVEYANCE AND SINCE THE COVENANT TO RESTORE WAS NOT BREACHED UNTIL EXPIRATION OF LEASE NO. ANY RIGHT OF ACTION FOR FAILURE TO RESTORE IS NOW VESTED IN THE NEW OWNERS AND NOT IN YOUR COMPANY UNLESS THERE WAS SOME RESERVATION IN THE DEED OF CONVEYANCE TO THE NEW OWNERS OR OTHER ARRANGEMENT WITH THEM. 51 C.J.S. NO FURTHER ACTION IN THE MATTER BY THIS OFFICE IS AUTHORIZED AT THIS TIME.
B-146120, OCT. 17, 1961
TO THE LEE ACKERMAN INVESTMENT COMPANY, INC.:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 8, 1961, CONCERNING THE TIMELINESS OF YOUR RESTORATION NOTICE FOR THE ELLIS BUILDING, 137 NORTH 2ND AVENUE, PHOENIX, ARIZONA, FORMERLY OCCUPIED UNDER LEASES NUMBERED VAM- 21948, GS-09B-1545 AND GS-09B-1649.
FOR REASONS HEREINAFTER STATED THE QUESTION AS TO WHETHER YOUR LETTER OF MAY 4, 1961, MAY BE REGARDED AS SATISFYING THE NOTICE REQUIREMENT FOR RESTORATION AS PROVIDED FOR IN PARAGRAPH 8 OF LEASE NO. GS-09B-1649--- THE TERM OF WHICH LEASE EXPIRED ON JULY 31, 1961--- IS NOT PROPERLY BEFORE US FOR CONSIDERATION AT THIS TIME.
BY TELEGRAM DATED SEPTEMBER 21, 1961, THE GENERAL SERVICES ADMINISTRATION SAN FRANCISCO REGIONAL OFFICE ADVISED PUBLIC BUILDINGS SERVICE, GENERAL SERVICES ADMINISTRATION THAT BY DEED RECORDED JUNE 28, 1961, IN DOCKET 3752, PAGES 342 AND 343, MARICOPA COUNTY RECORDER'S OFFICE, YOUR COMPANY CONVEYED ALL OF ITS RIGHT, TITLE AND INTEREST IN AND TO THE PREMISES DESCRIBED IN LEASE NO. GS-09B-1649 TO LOUIS HIMELSTEIN, A MARRIED MAN, AS HIS SEPARATE PROPERTY, AND MILTON BOCHAT AND LOUELLA J. BOCHAT, HUSBAND AND WIFE, DOING BUSINESS AS THE MONROE DEVELOPMENT. IT WAS STATED THAT THE FOREGOING CONVEYANCE WAS DELIVERED AND MADE SUBJECT TO LEASE NO. GS- 09B-1649 AND THAT THE GRANTEES THEREBY ACCEPTED ALL RIGHTS AND OBLIGATIONS UNDER THE LEASE AND THAT ALL RENTALS ACCRUING ON AND AFTER JULY 1, 1961, WOULD BE PAYABLE TO MONROE DEVELOPMENT, C/O W. E. YEAGER, ARIZONA TITLE BUILDING, PHOENIX, ARIZONA.
IN THE LIGHT OF THE FOREGOING CONVEYANCE AND SINCE THE COVENANT TO RESTORE WAS NOT BREACHED UNTIL EXPIRATION OF LEASE NO. GS-09B-1649 ON JULY 31, 1961, ANY RIGHT OF ACTION FOR FAILURE TO RESTORE IS NOW VESTED IN THE NEW OWNERS AND NOT IN YOUR COMPANY UNLESS THERE WAS SOME RESERVATION IN THE DEED OF CONVEYANCE TO THE NEW OWNERS OR OTHER ARRANGEMENT WITH THEM. 51 C.J.S. LANDLORD AND TENANT SECS. 410 AND 413; 32 AM.JUR., LANDLORD AND TENANT, SEC. 814; 34 A.L.R. 782.
ACCORDINGLY, NO FURTHER ACTION IN THE MATTER BY THIS OFFICE IS AUTHORIZED AT THIS TIME.