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HomeMy WebLinkAboutC23-205 Airport Facilities Lease_Redbird - Hangar9CONSENT TO ASSIGNMENT OF AIRPORT FACILITIES LEASE BY AND BETWEEN REDBIRD AIRCRAFT, INC. AND HANGAR 9, LLC THIS ASSIGNMENT OF AIRPORT FACILITIES LEASE is executed and delivered as of ________________ by and between Redbird Aircraft, Inc., a Florida corporation (“Assignor” or “Red Bird”) and Hangar 9, LLC, a Georgia limited liability company ("Assignee" or “Hangar 9”). RECITALS WHEREAS, on October 7, 1980, Eagle County, acting through its Board of County Commissioners (the “County”), entered into an Airport Facilities Lease agreement with SBS Partnership with respect to certain property located at the Eagle County Regional Airport for the purpose of Lessee erecting a hangar thereupon (the “Lease”); and WHEREAS, on August 20, 1997, the County consented to an assignment of the Lease to Tom Harned, Kevin Clair and Charles H. Rosenquist, who assumed jointly and severally all of the obligations under the Lease; and WHEREAS, on September 29, 2004, Tom Harned sold his interest in the airplane hangar (the "Hangar") located on the Demised Premises to Kevin Clair. The assignment was not officially approved by Eagle County at that time; and WHEREAS, on March 16, 2010, Margret R. Rosenquist, as personal representative of the Estate of Charles H. Rosenquist, assigned the Rosenquist interest in the Lease to Airplane Hangar, LLC, a Colorado limited liability company; and WHEREAS, on July 31, 2012, Kevin Clair assigned all of his rights and interests in the Lease to James Benson (“Benson”), and Airplane Hangar, LLC assigned all of its rights and interests in the Lease to Redbird; and WHEREAS, on November 1, 2020, the County, Benson and Redbird amended the Lease through agreement to that First Amendment to Airport Facilities Lease which extended the Lease term in Section Six and amended the Rentals and Charges in Section Seven; and WHEREAS, on or about June 13, 2023, Redbird intends to assign all of its rights and interests in the Lease, as amended, to Hangar 9; and WHEREAS, as a result of the transfers above referenced, as of June 13, 2023, all rights and interests in the Lease, as amended, and all rights and interest in the Hangar constructed upon the Demised Premises will be held by Benson and Hangar 9. DocuSign Envelope ID: E8CE8F7C-AF49-4E66-9D64-CBB3410DAEE7 6/20/2023 2 NOW, THEREFORE, Assignor does hereby ASSIGN, TRANSFER, SET OVER AND DELIVER unto Assignee the Airport Facilities Lease, as amended, together with all of Assignor’s rights, title, and interests in and to the Airport Facilities Lease and premises, subject to all the conditions and terms contained in the Airport Facilities Lease and all amendments thereto. Assignee agrees to pay all rent due after the effective date of this assignment, and to assume and perform all duties and obligations required by the terms of the Airport Facilities Lease, as amended. IN WITNESS WHEREOF, Assignee and Assignor have caused this Assignment of Airport Facilities Lease to be executed s of the day and year first written above. ASSIGNOR: REDBIRD AIRCRAFT, INC., a Florida Corporation By: ____________________________ Gene Lanham Title: ________________________ ASSIGNEE: HANGAR 9, LLC, a Georgia limited liability company By: ______________________________ William C. Elliot, II Title: _______________________________ DocuSign Envelope ID: E8CE8F7C-AF49-4E66-9D64-CBB3410DAEE7 President Manager/member 3 CONSENT TO ASSIGNMENT BY LESSOR Eagle County, by and through its Board of County Commissioners, Lessor in the Airport Facilities Lease, hereby consents to this assignment, effective this ____ day of ______________, 2023. COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners By: _____________________________________ Kathy Chandler-Henry, Chair ATTEST: ________________________________ Clerk to the Board of County Commissioners DocuSign Envelope ID: E8CE8F7C-AF49-4E66-9D64-CBB3410DAEE7 June20