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01/13/1998 Lease Assignment nlannp I.. J101bagt BRANCH omCE 3117 OVERSEAS HIGHWAY MARA lHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH omCE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Peter Horton, Director Division of Community Services nOM: Attention: Devette Moore, Airport Flnance Ruth Ann Jantzen, Deputy Clerk Li4J'. Febnaary 10, 1999 . DATE: ----------------------------------------- On January 13,1999, the Board of County Commissioners granted approval and authorized execution of a Consent to Lease Agreement between Monroe County and Dion Aviation Sales, Inc., from Key Haven Associated Enterprises, Inc. Enclosed please fully executed copy of the above Lease Agreement for return to Dion Aviation. me. H you have any questions concerning the above, please do not hesitate to contact Enclosure cc: County Attorney Fmance County Administrator, w/o document File ,5-0j-1998 3: 18P!~ FROH KE. 'NEST WTL A IP.DOR 305 292 3578 P.2 CONSENT TO LEASE l\SSIGNMENT This consent to lease assignment is entered info by and between Monroe County, a political 5ubciivision of the State of Florida, Wli05e address is 5100 College Rood, Stock Island, Key West Florida 33040. hereafter County. Dion Aviation Soles, Inc.. a Florida corporation, whose address is 638 United Street, Key West, Florida 33040, hereGfrer Diori, arid Key Haven Associated Enterprise~lnc., 0 tt9rida o 0 '-0 .." " z}> - corporcltlon. whose address IS 1104 Truman Avenue, hNeafter Key Hoven. In exchong..,te.r~e ~tu~ gc.:~..;; to 0 benefits ond consideration stated below, the parties agl8e: ~:"':': (.11' " ,-,C"). . 0 c:::u :~ ;0 1 ) On April 21. 1994, the Lessor and Key Hoven entered into a lease agreerai~~r ~orCjij :< -l ::t: M of land at Key west International Airport (KWIA). A copy of the April 24, 1994, lease is;:ett~e5!o t~ > f'T1 ~ ;0 . _ . c assignment and mode a part of It. 2.) The County hereby consents to the assignment of Key Hoven's interest in the April 24, 1994, lease to Dion and releases Key Hoven from any further duty or obligation under that lease. 3) Dion, in considerotioi! <)~ the County's consent to the assignment of the April 24, 1994, KWIA leaS9 clnd the berieflts received by Dion under such lease, agrees to be bound by 011 the terms, conditions and obligations of the April 24, 1994 KWIA leose to the some extent os the original Lessee, Key " , (SEAL J',.:-- .:':'-~'~. ,/ A TIEST: D . KOLHAGE. CLERK By:B~~ Duty rk 0 (SEAL) ATTEST: ~ii'e _~t) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORiDA . .. ~ BY~'\'l~~~"<i"V~-'--\'- ~ Mayor IChairman DION AVIATION SALES, INC. ~i~~-:~Q->-~ KEY HA VEN ASSOCIATED ENTERPRISES, INC~ ~ite . ~~ Dion Aviation Sales, Inc. c/o George Ganem 638 United Street Key West, Florida 33040 August 26, 1998 , A. Wayne Lujan, President Key Haven Associated Enterprises, Inc. and Florida Keys Air Service, Inc. 1104 Truman Avenue Key West, Florida 33040 Re: Binding Letter of Agreement on Purchase of Aircraft and Hanger Lease from Key Haven Associated Enterprises, Inc. and Purchase of all Corporate Stock of Florida Keys Air Service, Inc. Dear Mr. Lujan: This letter constitutes a Binding Letter of Agreement between Dion Aviation Sales, Inc., a Florida corporation (hereinafter "Dion") and Key Haven Associated Enterprises, Inc., a Florida corporation (hereinafter "Key Haven"), This Binding Letter of Agreement is based upon the following mutual representations between Dion and Key Haven. 1. Key Haven owns a Piper Chief tan Aircraft, Model #PA-31-350, Serial #31- 7405208, Registration Mark N34GE. This aircraft is owned free and clear of any liens or encumbrances. 2. Key Haven is presently the holder of a Lease Agreement with Monroe County dated April 21st, 1994, leasing a 46' wide x 40' deep hanger space at Key West International Airport, Key West, Monroe County, Florida. The term of the Lease is twenty (20) years and a condition of the Lease is that Monroe County must approve any assignment of the Lease prior to such assignment becoming effective. 3. Florida Keys Air Service, Inc. , a Florida corporation, (hereinafter "Florida Keys ") is a wholly owned subsidiary of Key Haven and Florida Keys presently holds a "Part 135 Certificate II from the Federal Aviation Administration allowing it to operate as an air charter service using the Piper Chieftan owned by Key Haven. 4. In addition to the aircraft, Key Haven owns various aircraft parts and maintenance equipment, including a recently purchased air compressor, a piston cylinder, wrist pin and connecting rod assembly, a dual magneto, rubber hoses for the intercooler, main gear tire, tow bar, various landing gear parts, brake pads, hydraulic filters, hydraulic lines, fuel lines, oil , . A. Wayne Lujan, President Key Haven Associated Enterprises, Inc. August 26, 1998 Page 2 filters, a landing light and other miscellaneous parts, including two (2) aircraft jacks and one (1) aircraft tail stand. In consideration of the Twenty-five Thousand ($25,000.00) Dollars already paid to Key Haven by Dion receipt of which is hereby acknowledged, Key Haven shall convey, free and clear of any encumbrances, the Piper Chief tan Aircraft and the parts listed above to Dion. Key Haven shall also transfer its Lease with Monroe County to Dion. Finally, Key Haven will convey to Dion all of the stock in Florida Keys for the purpose of having the Part 135 Federal Aviation Administration Registration maintain a continued existence allowing air charter of the aircraft to continue. The total purchase price is Two Hundred Fifty Thousand ($250,000.00) Dollars, including the first Twenty-five Thousand ($25,000.00) Dollars referenced above. This Binding Letter of Intent shall go into effect immediately upon your signature in the space provided below. This Binding Letter of Agreement confirms that upon it becoming effective, Dion may take full and complete possession of the aircraft, parts, hanger and stock of Florida Keys for purposes of continuing air charter services. The transfer of the Monroe County hanger lease shall be pursued as expeditiously as possible by Key Haven and the fmal payment of the remaining Two Hundred Twenty-five lU2JJ~m.($2J)~OOO.00) Dollars of the total purchase price shall be made immediately up~~ ~'s approval of the assignment of the hanger lease from Key Haven to Dio.t ~ a ()J d- If this letter adequately confirms our agreement, please sign in the space provided below. George Ganem for Dion Aviation Sales, Inc. cc: Jack Spottswood, Esq. David Paul Horan, Esq.