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HomeMy WebLinkAbout ECAT C05-276 Air Wisconsin Airlines CorporationCos.-a14 -70 ASSIGNMENT OF EAGLE COUNTY AIR TERMINAL CORPORATION SIGNATORY AIRLINES -TYPE C TERMINAL BUILDING LEASE AND FIRST AMENDMENT THERETO FROM MESA AIRLINES, INC. TO SKYWEST AIRLINES, INC. RECITALS WHEREAS, Air Wisconsin Airlines Corporation and Eagle County Air Terminal Corporation entered into a Signatory Airlines -Type C Terminal Building Lease Agreement on January 14, 2003 for a one-year term ("Lease Agreement"); and WHEREAS, pursuant to paragraph 15.1 of the Lease Agreement Air Wisconsin Airlines Corporation assigned its interest to Mesa Airlines, Inc. on July 6, 2003; and WHEREAS, the Lease Agreement was then amended by a First Amendment dated November 18, 2003 which extended the lease term to December 1, 2006 ("First Amendment"); and WHEREAS, pursuant to Paragraph 15.1 of the Lease Agreement Mesa Airlines, Inc. desires to assign its interest in the Lease Agreement and First Amendment to Skywest Airlines, Inc. effective September 1, 2005. ASSIGNMENT AND ASSUMPTION NOW THEREFORE, Skywest Airlines, Inc. and Mesa Airlines, Inc. hereby state and agree to the following: 1. Effective September 1, 2005 Mesa Airlines, Inc. (Assignor) does hereby assign, transfer and set over to Skywest Airlines, Inc. (Assignee/Lessee) whose address is 444 South River Road, St. George, Utah 85790, all its right, title and interest in and to the Lease Agreement and all its right, title and interest in and to the First Amendment to the Lease Agreement. 2. Effective September 1, 2005, Skywest Airlines, Inc. shall assume all right title and interest in and to the Lease Agreement and the First Amendment and agrees to abide by and be bound by all of the terms and conditions of this Assignment, the Lease Agreement and First Amendment thereto. Skywest Airlines, Inc. hereby represents and warrants that it has assumed all obligations, duties, right, title and interest in, to and under the Lease Agreement and First Amendment and agrees to pay, perform, observe and be bound by all of the covenants, agreements, provisions, conditions, and obligations of the Lessee under that Lease Agreement and First Amendment. ... 3. For the purpose of providing any Notice under the Lease Agreement and First Amendment, Article 17, Notices, is amended by substituting the following addresses for the parties: Lessor: Ovid Seifers Eagle County Air Terminal Corporation P.O. Box 850 Eagle, CO 81631 Telephone: 970-524-9490 Fax: 970-524-8247 WITH A COPY TO: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 Lessee: James K. Boyd Skywest Airlines, Inc. 444 South River Road St. George, UT 85790 Telephone: Y3Slosy-3v93 Fax:435-634-3405 4. Nothing contained herein shall constitute an assumption by Skywest Airlines, Inc. its subsidiaries, parents or affiliates of any liability regarding the Lease Agreement or First Amendment or underlying property, of any claim, damage, cost, contractual amounts owed, invoices, charges, or any other amount attributed to Air Wisconsin Airline Corporation or Mesa Airlines, Inc., whether known or unknown occurring prior to September 1, 2005. The effective date of this Assignment is September 1, 2005. Assignee: Assignor: Skywest Airlines, Inc. Mesa By:C / _ Pri . ames K. Boyd Print: Title:y-P- Customer Service Date: July 29, 2005 Date: Consent to Assignment: Eagl Air Terminal Corporation ft By: Am ni, Chairman //REMAINDER OF PAGE INTENTIONALLY LEFT BLANK// DISTRIBUTION Origginals to: 1. ontract Book 2 k- 3. NA2,A 4.- ]L%iU3B.SF Copies to: %. Acpoun?ingg 3. 4 OFFICE OF THE COUNTY ATTORNEY (970) 328-8685 FAX: (970) 328-8699 www.eaglecountyus EAGLE COUNTY James K. Boyd Skywest Airlines, Inc. 444 South River Road St. George, UT 85790 Dear James Boyd: Enclosed for your information and file is an original assignment of Eagle County Air Terminal Corporation signatory airlines -type C terminal building lease and first amendment thereto from Mesa Airlines, Inc. to Sky West Airlines, Inc. If you have any further question or concerns please feel free to contact our office. Sincerely, Rikki Vigil Legal Secretary rry Enclosure Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 0---3 OFFICE OFTHE COUNTYATTORNEY (970)328-8685 FAX: (970) 328-8699 www.eaglecountyus September 14, 2005 Hal Fahrenbruch Mesa Airlines, Inc. 410 North 44`1i Street Suite 700 Phoenix, AZ 85008 Dear Hal Fahrenbruch: u Enclosed for your information and file is an original assignment of Eagle County Air Terminal Corporation signatory airlines -type C terminal building lease and first amendment thereto from Mesa Airlines, Inc. to Sky West Airlines, Inc. If you have any further question or concerns please feel free to contact our office. Sincerely, x'` 414� Rikki Vigil Legal Secretary rry Enclosure Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631.0850