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HomeMy Public PortalAbout1997_05_21SPECIAL MEETING MINUTES OF MAY 21, 199"/ A special meeting of the Leesburg Town Council was held on May 21, 1997 at 4:30 p.m., in the Lower Level Meeting Room. Notice having been delivered to all members of the Leesburg Town Council priorthereto. The purposes of the meeting were to discuss the proposed Comprehensive Town Plan and the lease assignment at the Leesburg Municipal Airport. The meeting was called to order by Mayor Clem. COUNCILMEMBERS PRESENT I. Frank Buttery, Jr. (arrived late) Jewell M. Emswiller (absent) Joseph R. Trocino Kristen C. Umstattd (absent) B. J. Webb Wilham F. Webb, Jr. Mayor James E Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Deputy Town Attorney Deborah Welsh Director of Planning, Zoning and Development Michael Tompkins Chief of Comprehensive Planning Jerry Mucci Airport Manager Juan Rivera Discussion was held regarding the lease assignment at the airport. MOTION: On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted. 97-119 - RESOLUTION -AUTHORIZING THE ASSIGNMENT OF THE GROUND LEASE BETWEEN THE TOWN OF LEESBURG AND AEROVEST, INC., TO AAI, AND COLLATERAL ASSIGNMENT OF THE GROUND LEASE AND FBO OPERATING AGREEMENT TO LEND AND EXECUTION OF ESTOPPEL CERTIFICATE, CONSENT AND RECOGNITION AGREEMENT WHEREAS, the Town of Leesburg entered into a Deed of Lease and Operating Agreement (Lease) on August 25, 1987, with Janelle Aviation, Inc., which was subsequently assigned on October 12, 1988 to Aviation Associates, L.P., and mended by First Amendment to Deed of Lease and Operating Agreement dated October 12, 1988 and to Aerovest~ Inc., on February 11, 1992, and amended by Second Amendment to Deed of Lease and Operating Agreement dated October 12, 1993 for the development of approximately 2.4 acres of land at the Leesburg Municipal Airport; and WHEREAS, American Beechcrafl Company (ABC) has been subleasing hangar and office space from Aerovest, Inc., pursuant to a certain lease agreement dated November 25, 1991 and assigned December 30, 1991 (Page Lease); and WHEREAS, Aerovest, Inc., granted to ABC the option to purchase all of Aemvest's right, title and interest in the lease agreement and agreed that ABC would be permitted to consm~ hangar and office facilities on additional land that had been added to AerovesL Inc.,'s leased premises pursuant to a Lease Purchase Agreement dated August 1, 1993 (Option Agreement); and WHEREAS, ABC and the Town are parties to a certain Lease Agreement dated January 18, 1996 (FBO Agreement ) for providing fixed base operator (FBO) services at the Leesburg Municipal Airport; and WHEREAS, ABC has constructed a 19,030 Square foot Corporate Hangar on the additional land and intends to exercise its option to purchase all Aerovest's rights and interest in the lease agreement; and WHEREAS, American Aviation Investors, LLP (AAI) is a limited liability partnership formed specifically for the purpose of constructing the Corporate Hangar and acquiring the rights and interest in the lease agreement between the Town and Aerovest, Inc.; and WHEREAS, AAI is an affiliate of ABC, having as its partners Frank W. Hulso IV (100% owner o£ ABC) and Michael Fitzgerald (President of ABC); and WHEREAS, Mr. Hulse and Mr. Fitzgerald own 80% and 20%, respectively, of AAI; and WHEREAS, AAI is financing the purchase of the Page Lease and the Option Agreement through Jefferson National Bank (Lender); and SECTION I. SECTION II. Agreement to Lender. WHEREAS,' the Lender desires approval of the assi~tmment of the Lease to AAI and a collateral assignment to the Lender of the FBO Agreement and Lease; and WHEREAS, Aerovest, Inc., has the fight to assign the Lease in accordance with Section 1 of Article XVII of the agreement and ABC has the right to assign the FBO Agreement with prior approval of the Town; and WHEREAS, the Town Council has approval authority of any assi~t, nment of the lease and the FBO Agreement: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~einia as follows: The Town Council authorizes the Lease to American Aviation Investors, LLP. The Town Council authorizes a collateral assignment of the Lease and the FBO SECTION III. The Town Council authorizes the Mayor to execute the Estoppel Certificate, Consent and Recognition Agreement between the Town and Lender. VOTE: Aye: Councilmembers Trocino, B.J. Webb, Wm. Webb and Mayor Clem Nay: None Absent: Councilmembers Buttery, Emswiller and Umstattd Discussion was held on the £malization of the land use element of the Draf~ Town Plan. On motion of, and duly seconded, the meeting was adjourned. Clerk of Council James E. Clem, Mayor Town of Leesburg