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HomeMy Public PortalAbout1998_06_23_R148 The Town of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: PRESENTED June 23, 1998 98-148 ADOPTED __June 23, 1998 AUTHORIZING THE ASSIGMENT OF THE FBO LEASE AGREEMENT BETWEEN THE TOWN OF LEESBURG AND AMERICAN BEECHCRAFT COMPANY TO PIEDMONT/HAWTHORNE HOLDINGS, INC. WHEREAS, the Town of Leesburg entered into an Fixed Base Operating (FBO) agreement on January 25, 1996 with American Beechcrat~ Company (ABC), for the purpose of conducting specified FBO activities; and WHEREAS, ABC has informed the Town that it is involved with a merger that when concluded will result in a change in ownership; and WHEREAS, Article 10.8 of the FBO lease agreement states that ABC shall maintain its corporate existence, and without prior written consent of the Town, in its sole discretion, shall not dissolve or liquidate or otherwise dispose of all or substantially all of its assets; and WHEREAS, the FBO lease agreement can be assigned only by written approval of the Town Council; and WHEREAS, ABC has requested that the Town Council approve the merger and assignment of the FBO lease agreement to a newly formed company called Piedmont/Hawthorne Holdings, Inc.; and WHEREAS, the president of ABC, Mr. Mike Fitzgerald, has stated that airport operations would continue as usual and that very few, if any, personnel changes would be made; and WHEREAS, the Leesburg Airport Commission and airport staffhas no opposition to the merger; and -2- RESOLUTION: FBO LEASE WHEREAS, the Town Council has approval authority of any assignment of the agreement. THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council authorizes the merger and assignment of the FBO lease agreement between the Town and American Beechcrafi Company to Piedmont/Hawthorne Holdings, Inc. SECTION II. The assignment shall be in a form approved by the Deputy Town Attorney, and shall be approved by the FAA and Virginia Department of Aviation prior to its execution. PASSED this 23rd day of June, 1998. J~es E. Clem, Mayor Town of Leesburg ATTEST: Clerk of Council