HomeMy WebLinkAboutC79-15 Assignment of Lease - Pilotair Associates - Glenwood Springsy .. .ay. g) ASSIGNMENT OF LEASE ASSIGNIMENT 11ADE, this — day of 1979, between TREVOR T. BRAWAY, aka BRADWAY ENTERPRISES, INC., of P..O. Box 1854, Town of Vail, County of Eagle, State of Colorado, herein referred to as "Assignor", and PILOTAIR ASSOCIATES, a Colorado Limited.Partner- ship, 3710 Highway #82, City of Glenwood Springs, County of Garfield, State of Colorado, herein referred to as "Assignee", and THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, State of Colorado, herein referred to as "County". RECITALS 111-IEREAS, Assignor herein leased and took possession of certain permises pursuant to lease Agreement on the date of July 25, `-~ 1975, and County leased and denised the same to Assignor pursuant to said Lease Agreement, a copy of which is annexed hereto and de- marked as Exhibit 1, and by reference incorporated herein; which Lease Agreement demised certain real properties situate in the County of Eagle, State of Colorado, more particularly described as follows;_ to wit: "Commencing at a point being Corner 1, Tract 56, as established 1974 (shown on Clap of Eagle County Airport Properties dated June 7, 1974) thence S 89-10-46 W 472.18' to a point, thence N 70-31 11 339.59' to a point, thence N 89-09 1.1 1523.57' to a point, thence N 00-51 E 144.97' to a point, thence N 89-09 W 10.0' to a point being the point of beginning, thence 71.5' along the same course to a point, thence N 00-51 E 45.0' to a point, thence S 89-09 E 71.5' to a point, thence S 00-51 1.1 45.0' to the point of beginning; containing .072 acres (3146.0 sq. ft.)." WHEREAS, the aforesaid property is property belonging to the County and as such, is in title thereto as if owned in fee sim- ple by said County. .07 WHEREAS, Assignor is desirous of assigning all of his right, title, and interest in the aforesaid premises as said interests are set forth and prescribed in the referenced Lease Agreement; and ac- cordingly, Assignee is desirous of taking, accepting, and possessing said premises, thereby assuming all of the obligations of "tenant" as set forth therein. WHEREAS, Assignee is desirous of storing, maintaining and repairing aircraft from the Eagle County Airport, and in particular, the aforesaid premises to be used in conjunction with the leasing .q of aircraft to Eagle Air Charter, Inc., a Colorado corporation, whose purpose is to operate for hire said aircraft owned by Assignee and leased to Eagle Air Charter under Federal Aviation Regulation, Part 135, governing Air Tax Operators. - WHEREAS, the County is desirous of giving its consent to this assignment, and has done so per a hearing had and held in Eagle County, Colorado on the 8th day of August, 1979. IN consideration of the mutual covenants contained herein, the Parties agree as fel l c'::s , tc :':'. t: r 1. Assignor does grant, convey, and assign to Assignee all of his right, title, and interest in the above referenced Lease Agreement, and to the premises thereby demised; and to otherwise con- vey over unto Assignee possession of the real property as described and set forth therein, together with the premises therein mentioned and described with appurtenances, to wit: (1) heavy timber and metal skin aircraft hangar, as more particularly described in Exhibit "2" annexed hereto and by reference incorporated herein. 2. Assignee does hereby accept, take, and possess said demised premises; and furthermore, Assignee, and the successors and assigns of Assignee, shall have the lease during all of the remainder of the term as specified therein, together with any renewals thereunder, as made and provided. Assignee shall further accept the foregoing assignment and shall accordingly, perform all of the terms and conditions of said Lease Agreement on the part of "tenant" to be performed as pre- scribed therein. Neither this assignment nor the acceptance by County of rentals from Assignee pursuant to this agreement, shall release, re- lieve, or in any manner modify the obligations of Assignor under the terms and conditions of the lease. 3. County does hereby give its consent to Assignee that the latter may use the demised premises for the purposes as set forth and prescribed in the referenced Lease Agreement and for the purpose of using said demised premises in conjunction with the leasing of aircraft owned by Assignee to Eagle Air Charter, Inc.,, whose purpose .is to operate said aircraft for hire under Federal Aviation Regulation, Part 135, governing Air Tax Operators. IN WITNESS 41Hr��, the parties have executed this Assignment this ,�v day of d 1979. TREVOR T. BR vAY, aka BRADWAY ENTERPRISES, INC., ass' no By: l Trevor T. Bradviay , PILOTAIR ASSOCI ED, A Color o Limited Partnershi jA A5i gnee„ 7) w By: v Micha 1 ritch, General Partner Cr-LC*q wt K C- THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, STATE OF COLORADO . t Danny Williams, Chairman of the Board ATTEST: ERK AND RECOR OF EAGLE COUNTY