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Home My WebLink AboutC92-249 Estoppel Certificate SENT BY :EAGLE COUNTY ;12- 8 -92 ; 16 :56 ; 3033287207 -a 303 860 7233;# 2/ 4 . • C92- 249 -17 ESTOPPEL CERTIFICATE This Estoppel Certificate (this "Certificate ") is executed as of December ' , 1992, by the County of Eagle, State of Colorado, a body politic and corporate, acting by and through its Board of County Commissioners ( "County "). RECITALS: A. The County owns, controls and operates the Eagle County Regional Airport ( "Airport ") located between the towns of Eagle and Gypsum in the County of Eagle, State of Colorado. B. The County and Howard Air Services, Inc., a Colorado corporation ("HAS"), entered into that certain Fixed Base Operator Concession Agreement and Lease, dated August 1, 1986, which agreement was supplemented by Addendum No. 1, dated August 4, 1986, both of which documents were recorded in the records of the Clerk and Recorder for Eagle County, Colorado ( "Official Records "), on June 3, 1987, in Book 463 at Page 756 as Reception No. 359982 (the "HAS Agreement "). The HAS Agreement was further amended and supplemented by: i. A Lease Addendum and Modification, dated June 10, 1987, and by a Second Amendment and Modification, dated June 29, 1987; ii. an Estoppel Certificate and Agreement, dated June 29, 1987, executed by the County, recorded in the Official Records on July 1, 1987, in Book 465 at Page 379 at Reception No. 361603; iii. a First Amendment to Fixed Base Operator Concession Agreement and Lease, dated July 26, 1988, recorded in the Offi- cial Records in Book 488 at Page 549; iv. a Third Amendment to Fixed Base Operator Concession Agreement and Lease, dated November 15, 1988, recorded or to be recorded in the Official Records, which Third Amendment, among other things, revoked the First Amendment and the Second Amend- ment in their entirety; and v. A Fourth Amendment to Fixed Base Operator Concession Agreement and Lease, dated November 1, 1990. The HAS Agreement, as supplemented and modified, shall here- inafter be referred to as the "HAS Agreement." SENT BY:EAGLE COUNTY ;12- 8 -92 ; 16:57 ; 3033287207 - 4 303 860 7233;# 3/ 4 • C. The County and Mountain Flying Services, Inc., a Colorado corporation ( "1fS "), entered into that certain Fixed Base Operator Concession Agreement and Lease, dated September 24, 1986 (the "MFS Agreement "). The MFS Agreement was amended and supplemented by: i. an Amendment to Fixed Base Operator Concession Agree- ment and Lease, dated as of July 26, 1988, between the County and MFS; and ii. A First Amendment to Fixed Base Operator Concession Agreement and Lease, dated July 26, 1988, between the County and Vail Beaver Creek Jet Center, Inc., a Delaware corporation ( "VBC ") . The MFS Agreement, as supplemented and modified, shall herein- after be referred to as the "MFS Agreement." D. HAS conveyed all its rights, title and interest in and to the HAS Agreement to VBC. Similarly, MFS conveyed all its rights, title and interest in and to the MFS Agreement to VBC. The County consented to such conveyances. E. VBC has now requested that the County consent to the conveyance of all of VBC's rights, title and interest in and to the HAS Agreement and MFS Agreement to Fixed Base Operators, Inc., a Delaware corporation ( "FBO "). AGREEMENT: NOW, THEREFORE, for good and valuable consideration received by the County, the receipt and sufficiency of which are hereby acknowledged, the County represents, covenants and agrees as follows: 1. The County consents to the transfer and assignment of the HAS Agreement and MFS Agreement by VBC to FBO and agrees that such conveyance is in compliance with all conditions, require- ments and limitations set forth in the HAS Agreement and the MFS Agreement (together, the "Agreements "). 2. The County acknowledges that to the best of its know- ledge, all permits, licenses and authorizations required by the County in order for FBO to lawfully operate pursuant to the Agreements, are in full force and effect. While the County does not currently consider the following items to be events trigger- ing default, the County does bring the following items to the attention of FBO: -2- • • Temporary Certificates of Occupancy have been issued for Building Permit Numbers 3611 and 4661. Automatic fire sprinkler systems are required prior to issuance of final Certificates of Occupancy. The individual sewage disposal system, permitted by the County, may be inadequate to handle current and projected use. 3. The County acknowledges that the Agreements are in full force and effect and that no event of default, or event which with notice or passage of time or both will become an event of default, has taken place as of the date of this Certificate. IN WITNESS WHEREOF, the County has signed this Certificate the year and date first above written. COUNTY OF EAGLE, STATE OF COLORADO By and • ough Its BOARD OF COUNTY COMMI` ION 'S t o - 1 TEST: ✓ '� 1" +1 : r:� .w / B : �'' r g iz o my Commissioners ir STATE OF COLORADO ss. COUNTY OF $AGLEAILLA..)- ) The foregoing instrument was subsc and sw n to before me this 9 of December, 1992 by as liptirt of the Board of County Commissioners. cv rrta� Witness my hand and official seal. My commission expires: 4 Z/ df'/' 3 _ Notary Public 22139.1 DWF 12/09/92 11:33 am • • STATE OF COLORADO ss. COUNTY OF EAGLE The forgoing instrument was subscribed and sworn to / before me this 9 day of December, 1992 by �e // .1r 1 e , 6 in, - fe: e 6c Philbps as /ter / of the Board of County Commissioners. Witness my hand and official seal. My commission expires: i� /,cam' -[)c--' /7 /97 Notary Public 22139.1 DWF 12/09/92 12:10 pm