HomeMy WebLinkAboutRES.2517.03-01-2010BILL NO. 10-29
RESOLUTION NO., = � V-17
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LANDLORD'S CONSENT TO ASSIGNMENT
AND ESTOPPEL CERTIFICATE CONSENTING TO THE
TRANSFER OF LEASE FROM HANGAR 3, INC., TO
IVEY PROPERTIES, LLC, AT THE CAPE GIRARDEAU
REGIONAL AIRPORT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, to execute a Landlord's Consent to
Assignment and Estoppel Certificate consent to the transfer of
lease from Hangar 3, Inc., to Ivey Properties, LLC, at the Cape
Girardeau Regional Airport. A copy of said Consent is attached
to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS DAY OF C��L'� 2010
VJB. Knudtson, Mayor
V
LANDLORD'S CONSENT TO ASSIGNMENT & ESTOPPEL CERTIFICATE
On this first day of March 2010, in consideration of Tenant's written notice of its Real
Estate Ground Lease Assignment Agreement (the "Assignment"), and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of
Cape Girardeau, Missouri ("Landlord"), hereby consents to the assignment from Hangar 3,
Inc., a Missouri corporation ("Assignor") to Ivey Properties, LLC, ("Assignee") of all of
Assignor's right, title, and interest as Tenant in the "Amended Airport Ground Lease" dated
August 23, 2007 (the "Lease"), of certain real property located in the County of Scott, State of
Missouri, and the leasehold improvements thereon, commonly known as Hangar 3 at Cape
Girardeau Regional Airport (the "Demised Premises"). Further, the Landlord hereby certifies
the following:
a. Landlord is the owner in fee simple of the Demised Premises, and the owner and
holder of the Lease;
b. The Lease is in full force and effect;
C. All the rent and other charges required to be paid under the Lease have been fully
and timely paid;
d. All of the terms, conditions, and provisions of the Lease on the part of the
Assignor to be performed have been duly performed and complied with;
e. There exist at this time no charges, liens, or offsets against Assignor or the Lease;
f. Assignor is not in default in any way whatever under the Lease, nor to the
knowledge of the undersigned has any event whatever occurred which with the passage of
time would constitute a default under the Lease.
This Consent to Assignment and Estoppel Certificate is being executed and delivered by
Landlord with the knowledge that the information set forth above will be relied upon by Assignee.
Capitalized terms herein not otherwise defined will have the same meaning as set forth in the Assignment,
the terms thereof incorporated by reference herein.
IN WITNESS WHEREOF, the Landlord has executed the foregoing instrument as of the date
referenced above.
LANDLORD:
The City of Cape Girardeau
A Municipal C tion of the State of Missouri
By:
tt A. Me r, C' y Manager
I
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this 1 st day of March, 2010, before me, a Notary Public in and for said County and
State aforesaid, personally appeared Scott A. Meyer, to me personally known, who being duly
sworn did say that he is the City Manager for the City of Cape Girardeau and that as City
Manager he has authority to execute the foregoing instrument on behalf of said City, and
acknowledged that he executed the same as the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
Notary Public
LADONNA LAUB
My Commission Expires
NOTARY • - * :
August 4, 201 i
OF M�S�
Scott County
Commission #0746225