Assignment to American Eagle
FILE",' r'~" ,',r-r>r,r-c"
'L t ,;C . 'r"
'90 JUN - 7 P 2 :s 5
~
TH~S ASSIGNMENT made as ot the 1st day of May, 1990 by ana
between comair, Inc., a Ohio corporation hav!n.q" offices at P. O.
Box 7!5()21, cincinnati, Ohio .5275 (pcomair"> ~::'and Nashville Eagle
Ino. ~/b/a Amerioan Eagle, a Delaware corporation having ottiee.
at 2 International Drive, suite 900, Nashville, Tenness.e 37217
("American Eagle") and Monroe County Board ot County
Commissioners ("Commission")
ASSIGNMEN'l'
WHEREAS:
The commission is the proprietor of Marathon Airport in
Marathon, Florida ("Airport").
comair ourrently lea.e. certain facilities'at the Airport
pursuant to a Lease Agreement tor dated November 1st, 1989.
American Eagle desires to take over Comairls leased
facilities at the Airport and, to assume all Comairls rights and
obligations under the Lease.
~o the extent, if any, that the consent of the commission
may ba required for the validity of Comairls assignment of their
Leasehold interests to American Eagle, the Commission desire to
give suoh consent.
NOW, THEREFORE, in consideration of the premises and the
mutua:L obligations hereinafter set forth, the parties agree as
follows:
1. Assianment. As of the Effective Date described beloW,
Comair hereby assigns and grants to American Eagle all of
Comair's ri9h~, title and interest in and to their current
Leasehold interest and all facilities at the Airport leased under
the Lease or used or occupied in association with the Leasehold.
2. AoceDtance. American EaCiJle hereby accepts the
assignment set forth above, and assumes full responsibility for
performance of all comairls obligations arising under comairls
current Leas. froD and after the Effeotive Date date desoribed
belo~', as fully as if the Lease had been between American Eaqle
and the commission.
Coma!r shall hold American Eagle harmless for any current or
future indebtedness, rents, and/or other liabilities or
obliqations that pertain to the assignment of the comair leased
tacilities at the Airport prior to the date of the Assignment.
Comair represents that there are no outstandinq rents,
indebtednesses, liabilities, liens, and/or any obliqat1ons
aqainst coma!r that relate to the leased facilities and that they
are current in their rents up to May 1st, 1990.
3. Consent and Release. TO the extent, it any, that the
consent o~ the commission may be required for the validity of the
assiqnment set forth above the commission hereby consents to, and
approve. such assignments, and further, hereby fully releases and
disoharges Comair of and from any liability whatsoever arising
under their current Leasehold from and after the Effeotive Date
desoribed below, as fully .s if the Lease had terminated on the
Eftect.tve Date.
4,. Effective Dat!., This Assignment is effective from and
after May 1st, 1990.
!!.. Miscellaneous. This Assiqnment is the sole expression
of the arrangements amonq the parties with respect to the matters
provided herein, and cannot be changed or terminated orally.
There are no repr...ft~a~ons or warranties by any party except as
specifically set for the herein.
IN WITNESS WHEREOF, the parties have caused this Assignment
to be executed as of the date first written above.
By: "-; > ~J ; /,!';, c/
.~ l?lU!ISIJ)~li'I CUSIlilil.Lli.{ 0~~,'j iv....,;,)
COMAIR, INC.
Its:
Honroe~u~~isSioners
Its:
Mayor/Chairman
Date:
-5-.81} - 91)
;r
(SEAL )
::/.22~~~
Deputy er
oJ J JI(Ml)A8 TO""
AND LEGAL SUFFICIfNCY.
,c. ' '\" ,
(\. ,-.., .,'\.\, .,'.",\ '{" (
BY \ \ ,102,,","\ l. "J ". ~,'
Attorney'. 0fIlt:e