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HomeMy WebLinkAboutC99-147 Freeskate Co.C' qq - t q--7 -07a 11"� 114� ASSIGNMENT OF AIRPORT FACILITIES LEASE This Assignment is executed by Freeskate Co., a Colorado corporation ("Freeskate"), as assignor, and Jet Capital, Inc., a Colorado corporation ("Jet Capital"), as assignee. Reference is made to the Airport Facilities Lease dated September 6, 1984, originally executed by Eagle County, Colorado, acting through its Board of County Commissioners (the "County") as lessor, and Robert Gunn as lessee, recorded November 25, 1987 in Book 474 at Page 742, Eagle County, Colorado as assigned by Robert Gunn as assignor to Skatefish Co., a Colorado corporation, as assignee, with the County's consent dated November 16, 1987; and, as modified by the Amendment to Airport Facilities Lease dated February 1, 1988, executed by the County as lessor and Skatefish Co., as lessee, recorded February 12, 1988 in Book 478 at Page 835, Eagle County, Colorado (together, the "Lease"). Skatefish Co. is now known as Freeskate Co., and Freeskate is the lessee currently in place under the Lease. For good and valuable consideration, the receipt of sufficiency of which the parties acknowledge, Freeskate and Jet Capital agree as follows: 1. Assignment. Freeskate grants, transfers, assigns and conveys to Jet Capital all right, title and interest of Freeskate as lessee under the Lease. 2. Assumption. Jet Capital accepts the assignment made by Freeskate above and assumes the obligations of the lessee under the Lease. 3. Notices. The address and telephone/telecopy information for Jet Capital for purposes of notice under the Lease follows: Jet Capital, Inc. Attention: Mr. James C. Allen P.O. Box 973 Edwards, Colorado 81632 Telephone: 970-926-5248 Telecopy: 970-926-5249 4. Requirement for County Consent. This Assignment is conditioned and effective upon the consent of the County in accordance with Section 21 of the Lease. 5. Binding Effect. Upon consent by the County as contemplated under paragraph 2 above, this Assignment shall bind and benefit Freeskate and Jet Capital and their successors and assigns, subject to the requirements of the Lease. llqvi 6. Countemarts. This Assignment may be executed in counterpart copies which, taken together, will confirm the understanding of Freeskate and Jet Capital. r w� sic FE JET CAPITAL, INC., a Colorado corporation By: CGLQQ-,--jiime C. Allen ent I+r *'(-2-cyn�- STATE OF-ee *-.0' ) )ss. COUNTY OF Th f e oin instrume t acknowledged before me thi�day of AU4 g g 1999 by as of Freeskate Co., a Colorado corporation. Witness my hand and official seal. �►.w►sarea sn earso wo►..orsa►so►aa.... OFFICIAL SEAL 0 MYLA L. BUSHMAN 1 .s Notary Public - State of Arizon >� (SEAL) .4 IIMARICOPA COUNTY 1 My Comm. Expires April 30, 2.' 0 Notary Pub My commission expires: *ftov v STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this )- day of v(MQ.-, 1999 by James C. Allen as President of Jet Capital, Inc., a Colorado corporation. Witness my hand and official seal. (SEAL) i `� i P P' 7(rt �• Olyi Notary Public (� My Commission Expires 08/01/20M My commission expires: �\TAtLtuj`G,,, .W, *4111, Consent BY Eagle County, Colorado Reference is made to the Airport Facilities Lease dated September 6, 1984, between Eagle County, Colorado, acting through its Board of County Commissioners (the "County") as lessor, and Freeskate Co., a Colorado corporation ("Freeskate"), as current lessee (the "Lease"). The County (i) consents to the foregoing assignment by Freeskate of all its right, title and interest of as lessee under the Lease to Jet Capital, Inc., a Colorado corporation ("Jet Capital'), (ii) confirms that no third parry holds a right of first refusal under Section 28L of the Lease to acquire the interest of Freeskate in place of Jet Capital, and (iii) confirms that the hangar constructed on the property covered by the Lease meets the requirements for hangar construction imposed by the County under Section 28C of the Lease. The County further agrees that effective with this Consent, Freeskate shall be released by the County from all liability occurring under the Lease accruing on or after the date of this Consent. Attest: COUNTY OF EAGLE, STATE OF COLORADO By and Through its C G '4W501 State of Colorado ) ) ss. County of Eagle ) The foregoing instrument was acknowledged before me this day of 1999 by Johnnette Phillips as Chairman of the Board of County Commissioners of Eagle County, Colorado. Witness my hand and official seal. (SEAL) My commission expires: 5 Notary Public DISTRIBUTIO V Originals to: 1. Contract Book 2. 3. 4. Copies to: 2. A'ccp_unting 3. tPP 4.