Assignment from Comair
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ASSIGNMENT
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THIS ASSIGNMENT made as ot the 1st day of May, 1990 by and
between Comair, Inc., a Ohio corporation having offices at P. O.
Box 150;U, Cincinnati, ohio 45215 ("comair");' and Nashville Bagle
Ino. d/b/a Am.rioan Eagle, a Delaware corporation having ottie..
at 2 International Drive, SUite 900, Nashville, Tenn..se. 37217
("Am.rican Eagle") and Monroe County Board ot County
COlUll\is.ion.rs ("Collll1lission")
WHEREAS:
The cOJlUlli.sion is the proprietor of Marathon Airport in
Marathon, Florida ("Airport").
comair ourrently 1..... certain facilities' at the Airport
pursuant to a Lease Agreement tor dated November 1st, 1989.
American E.gl. desires to take over comair's lea.ed
taoiliti.. at the Airport and, to assume all Comair's rights and
obligations under the Lease.
To the .xtent, if any, that the oonsent of the commission
may be required for the validity ot comair's assignment ot their
Leasehold interests to Amerioan Eagle, the Commission desire to
give suoh consent.
NOW, THEREFORE, in consideration of the premises and the
mutual obli~ation. hereinafter set forth, the parties agree as
tollows:
1. A8sianment. As of the Effective Date described beloW,
Coma1r hereby aaaigns and grants to American Eagle all of
Comair's ri~ht, title and interest in and to their current
Leasehold interest and all facilities at the Airport leased under
the Leas. or used or ocoupied in a..ociation with the Leasehold.
2. AooeDtance. American Eaqle hereby accepts the
as.ignment set torth .bove, and assumes full responsibility for
performance at all Comair'. obligations arising under Comair's
current Lea.e tram and after the Ettective Date date described
below, a. tully a. if the Lease had been between American E.gle
and the Commi..ion.
Co.air shall hold American Eagle harmless for any current or
t~ture indebtedness, rents, and/or other liabiliti.. or
Obligations that perta1n to the a.signment of the Comair leased.
facilities at the Airport prior to the date ot the As.ignment.
Comair represents that there are no outstanding rents,
indebt.dnesses, liabilitie.. liens, and/or any obligations
against Coma1r that relate to the leased faciliti.. and that they
are ourrent in their rents ~p to May 1st, 1990.
3. Consent and Release. To the extent, it any, that the
consent or the commission may be required tor the validity ot ~h.
assignment set forth above the Commission hereby consents to, and
approves such assi9nments, and further, hereby tully releases and
discharges Coma1r of and from any liability whatsoever arisin9
under their eurrent Leasehold from and atter the Effective Date
desoribed below, as fully aa if the Lease had terminated on the
:effective Date.
4. Effeetive Data. This Assignment i. ettective from and
after May 1st, 1990.
5. Miscellaneous. This Assignment i. the 801e expression
of the arranqements among the parties with respect to the matters
provided herein, and cannot be changed or terminated orally.
There are no repre..ftta~ons or warranties by any party except as
specifically set tor the herein.
IN WITNESS WHEREOP, the partiea have caused this Assignment
to be executed .s of the date first written above.
COHAIR, INC,
By:
""'.' "";.:illi';'''T
Its:.......... ..... ,"'",
NASHVILLE: EAGLt, IN .d/b/a
Allle+ic~n Eagle
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By: "'~:-;'_ F
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CU.\J~~H_"~'_~ ....._.._....v~.)
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Its:
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Monroe coun:~;;~~~d~Of~~ounty Commissioners
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By: ,-",' ........~"T
Its:
Mayor/Chairman
Date:
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(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
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Deputy er
_J.ltwCDM 7()KJIIIA
AND LEGAL SUFFfCIlNCY.
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BY
Attom8Y'. Off1r.e