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Home My Public Portal AboutAAC Minutes 1992 01/08AIRPORT ADVISORY COMMITTEE JANUARY 8, 1992 MINUTES I. ATTENDING: Rick Fereday Gordon Colburn Merril Saleen John Wolf Nick Long Mike Dorris Kirk Braun Greg Pittinger Bud Schmidt II. STATUS REPORTS; A. Lighting The status of the airport lighting problem was noted. Colburn indicated that there was considerable sentiment for restoration of the complete lighting system. A local NOTAM is filed but does not address all of the out of state originations. The need for another solution and for improved clearing of the remaining lights was the consensus. Nick Long advised that Evergreen Forest Products was prepared to assist with manpower and equipment. B. Hangar Leases The leases are prepared and will be mailed by the end of this week. C. Flightline Lease: The Committee was advised that the Council had approved the option and that we were awaiting return of the executed document from the company. SERVICE Mr. Pittinger, representing the Brauns and Smiths, presented the assignment of the lease and assumption of the agency agreement (attached) for consideration. After review, Colburn moved to recommend that the Council approve the Assignment and Assumption. Fereday seconded and the motion carried unanimously. IV. IDAHO BUREAU OF AERONAUTICS, GRANT APPLICATION Lacking local matching funds for any project, the consensus was to not submit any application for III. ASSIGNMENT AND ASSUMPTION OF LEASE, PIONEER AIR ****** assistance. The conversation turned to ways of generating additional funds for airport improvements. Mr. Fereday volunteered to approach the County Commission on the possibilities of increasing the County Airport levy. V. RECYCLING: ******** The recycling center location was noted to the committee. After discussion, the committee wished to express their concern about the possibilities of children and animals entering the flight surfaces, of bird strikes, lost vehicles traveling on the flight surfaces, and refuse blown onto the airport. The committee strongly recommends that fencing, paving or dust oiling, and signing be required to avoid these conflicts. Without further business, the meeting adjourned at 8:25 a.m. Respectfully submitted, f � Rick Ferey Secretary ASSIGNMENT AND ASSUMPTION OF FIXED BASE OPERATOR LEASE AND AGENCY AGREEMENT THIS AGREEMENT, is made and entered into effective the 15th day of January, 1992 by and between PIONEER AIR SERVICE, INC., aka PIONEER AIR SERVICE, an Idaho Corporation, hereinafter called "Assignor", and KIRK and LAURIE SIMPLOT BRAUN, husband and wife, and BALLARD and CIIARLIE SMITH, husband and wife, hereinafter called "Assignee". WITNESSET H: WHEREAS, on or about May 12, 1986, a certain Fixed Base Operator Lease (hereinafter called FBO Lease), was entered into between the CITY OF MCCALL as Lessor and PIONEER AVIATION, INC., as Lessee; and, WHEREAS, on or about January 5, 1989 said FBO Lease was amended; and, WHEREAS, on or about August 2, 1989 all of the right, title and interest of PIONEER AVIATION, INC., in and to said FBO Lease was assigned and assumed by PIONEER AIR SERVICE, INC., aka PIONEER AIR SERVICE, an Idaho Corporation; and, WHEREAS, on or about December 14, 1989 said FBO Lease was again amended; and, WHEREAS, on or about June 27, 1991 PIONEER AIR SERVICE, INC., an Idaho Corporation as Agent entered into an agency agreement with the City of McCall as Principal, (hereinafter called Agency Agreement); and, WHEREAS, PIONEER AIR SERVICE, INC., desires to assign, transfer and convey to Assignee all of its right, title and interest in and to said FBO Lease and the real property and improvements situated on said leased property, together with all of its right, title and interest in and to said Agency Agreement. ASSIGNMENT AND ASSUMPTION OF FIXED BASE OPERATOR LEASE AND AGENCY AGREEMENT - 1 NOW, THEREFORE, for good and valuable consideration Assignor does hereby assign, transfer, convey and set -over unto Assignee, all of the Assignor's right, title and interest in and to the hereinabove described FBO Lease, together with all amendments thereto, and the Agency Agreement, subject to all the terms and conditions of said Agreements. Further, Assignor does hereby set -over, transfer and convey unto Assignee all Assignor's right, title and interest in and to the property and improvements described in said FBO Lease and amendments thereto. ASSIGNEE, does hereby accept the assignment of said FBO Lease with amendments thereto and said Agency Agreement, and Assignee does agree to perform the covenants and conditions therein contained. Assignee agrees to hold Assignor harmless and indemnify them against the performance of said Agreement. THE PARTIES HERETO ACKNOWLEDGE that Assignee is in the process of forming a corporation, as yet un-named, which corporation shall be registered in the State of Idaho and which corporation shall hold said FBO Lease and Agency Agreement. This assignment by Assignor to the named Assignees shall be deemed as to include the successor corporation to be formed by Assignees. This Agreement shall be amended upon the name of Assignees corporation being determined and this assignment and assumption shall be deemed to run to said corporation. THIS ASSIGNMENT AND ASSUMPTION is contingent upon the approval of the City of McCall, Valley County, Idaho, to such assignment and assumption. DATED this day of January, 1992. ASSIGNOR: ASSIGNEE: PIONEER AIR SERVICE, INC. By: RICHARD 0. DAVIS, President BALLARD SMMITH CHARLIE SMITH ASSIGNMMENT AND ASSUMPTION OF FIXED BASE OPERATOR LEASE AND AGENCY AGREEMENT - 2 KIRK BRAUN LAURIE SIMI,LOT BRAUN STATE OF IDAHO (ss. County of Valley On this day of January, 1992, before me , a Notary Public, personally appeared RICHARD O. DAVIS, known or identified to me to be the president of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and adknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have herunto set my hand and affixed nay official seal the day and year in this certificate first above written. NOTARY PUBLIC ] OR IDAHO Residing at McCall, Idaho My Commission Expires: STATE OF IDAHO (ss. County of Valley ) On this day of January, 1992, before me , a Notary Public, personally appeared KIRK BRAUN and LAURIE SIMPLOT BRAUN, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have herunto set my hand and affixed nay official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHC Residing at McCall, Idaho My Commission Expires: ASSIGNMENT AND ASSUMPTION OF FIXED BASE OPERATOR LEASE AND AGENCY AGREEMENT - 3 STATE OF IDAHO ) (ss. County of Valley On this day of January, 1992, before me , a Notary Public, personally appeared BALLARD SMITH and CHARLIE SMITH, husband and wife, known or identified to nee to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have herunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at McCall, Idaho My Commission Expires: CONSENT TO ASSIGNMENT AND ASSUMPTION OF FIXED BASE OPERATOR LEASE AND AGENCY AGREEMENT The City of McCall, Idaho, hereby consents to the above Assignment and Assumption of Fixed Base Operator Lease and Agency Agreement. Further, the city acknowledges and understands that the Assignee's under the Assignment and Assumption Agreement intend to form a corporation which shall hold, preform and be liable under the terms of such Agreement. This consent shall be deemed to include Assignee's corporation, the name of which shall be added to this Agreement, once known. DATED this day of January, 1992 CITY OF MCCALL By: Mayor ATTEST: City Clerk ASSIGNMENT AND ASSUMPTION OF FIXED BASE OPERATOR LEASE AND AGENCY AGREEMENT - 4