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<br />96. <br /> <br />RESOLUTION NO. 2002 - <br /> <br />18/, <br /> <br />R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE ASSIGNMENT OF THE BERRY <br />AVIATION, INC. LEASES AT THE SAN MARCOS MUNICIPAL <br />AIRPORT TO THE U.S. SMALL BUSINESS ADMINISTRATION FOR <br />LOAN PURPOSES; AUTHORIZING THE CITY MANAGER TO <br />EXECUTE THE SUBLEASE; AND DECLARING AN EFFECTIVE <br />DATE. <br /> <br />RECITALS: <br /> <br />1. Berry Aviation, Inc. ("Berry") leases two tracts of property at the San Marcos Municipal Airport, <br />one dated December 1, 1992, for a City-owned hangar facility and the provision of fixed-base operator <br />services (the "FBO Lease"), and the other dated April 1, 1999, for a ground lease for a storage hangar <br />constructed by Berry (the "Storage Hangar Lease"). <br /> <br />2. Berry has negotiated a loan with the U.S. Small Business Administration (the "SBA"), and the <br />SBA requires that the City approve assignments of the FBA Lease and the Storage Hangar Lease to the <br />SBA as collateral for the loan. <br /> <br />3. The FBO Lease requires the approval of the City for assignments of this nature. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The attached Assignment of Real Estate Lease and Agreement between the City, Berry <br />and the SBA related to the FBO Lease is approved. <br /> <br />PART 2. The attached Assignment of Real Estate Lease and Agreement between the City, Berry <br />and the SBA related to the Storage Hangar Lease is approved. <br /> <br />PART 3. The City Manager, Dan O'Leary, is authorized to execute these two assignment <br />agreements on behalf of the City. <br /> <br />P ART 4. This Resolution is in full force and effect from and after its adoption. <br /> <br />ADOPTED on <br /> <br />~~ <br /> <br /> <br />Robert B. Habingreither <br />Mayor <br /> <br /> <br />City Clerk <br />