HomeMy WebLinkAboutC10-099 Amendment to Ground Sublease Northside Hangers Phase1-AtY
AMENDMENT TO
GROUND SUBLEASE
NORTHSIDE HANGARS PHASE I -A
THIS AMENDMENT, made and entered into as of this 22nd day of April, 2010,
modifies that certain Ground Sublease Northside Hangars Phase I -A by and between Northside
Hangar, LLC, a Colorado limited liability company (hereinafter referred to as "Sublessor ") and
Vail HangAir, LLC a Colorado limited liability company (hereinafter referred to as "Sublessee "),
dated June 23, 2009 and recorded at Reception No. 200912599 in the real estate records of Eagle
County, Colorado (hereinafter "Ground Sublease ").
WHEREAS the parties to the Ground Sublease wish to extend the Term of the Ground
Sublease, and do hereby amend or otherwise modify the Ground Sublease as follows:
1. Section 3. 1, Term, shall be deleted in its entirety and the following shall be inserted in its
place: "The Sublease term shall commence on June 25, 2009. The Sublease term (the "Term ")
shall end on October 30, 2039."
2. Except as herein expressly amended and modified hereby, all the terms and provisions of
the Ground Sublease remain unchanged and in full force and effect.
3. This Amendment may be executed in separate counterparts by one or more of the parties
hereto, each of which for all purposes is deemed an original, and all of which, collectively,
constitute one original document.
4. In case of any conflict between the terms of this Amendment and the Ground Sublease,
the provisions hereof shall prevail.
5. The Ground Sublease, as amended hereby, shall be binding upon and inure to the benefit
of Sublessor and Sublessee and their respective successors and assigns.
Buses \3222227.1
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
G o-c)l
r•
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the day and year first above written.
SUBLESSOR:
Northside Hangar, LLC
a Colorado limited liability company
By:
Name:
Title: Manager
Vail HangAir, LLC
a Colorado limited liability company
By:
Name:
Title: Manager
LESSOR CONSENT
The undersigned, Eagle County, Colorado, acting through its Board of County Commissioners,
as Lessor under the Master Lease (as that term is defined in the Ground Sublease), hereby
consents to the above Amendment.
Clerk to the Board of County
BUS_RE\3227277.1
LESSOR:
OF EAGLE, 4ATE OF COLORADO, By and
BOARD OF COUNTY COMMISSIONERS
QE,
JOINDER OF LIENOR
The undersigned, beneficiary under the Deed of Trust recorded at Reception No.
200913860 in the Office of the Clerk and Recorder of Eagle County, Colorado, as amended and
supplemented from time to time (the 'Deed of Trust "), for itself and its successors and assigns,
approves the foregoing Amendment to the Ground Sublease, affecting the Property encumbered
by the Deed of Trust, and agrees that no foreclosure or other enforcement of any remedy
pursuant to the Deed of Trust shall impair, invalidate, supersede or otherwise affect the
covenants, conditions, restrictions and easements established by that Amendment.
COLORADO CAPITAL BANK, N.A.
LE
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2010, by
of Colorado Capital Bank, N.A.
WITNESS my hand and official seal.
My commission expires
[SEAL]
BUS_RE \3227277.1
Notary Public
gF
