HomeMy WebLinkAboutC79-18 Ground Lease with Leonard Sinclairbi h
m Book 2C Pag 7 Recorded at 1�; 3C. ,M.0,gust 31, 1979
Recorder: John,nette illips, Eagle County
" GROUND LEASE
.�Jai-
THIS LEASE made and entered into this Q S day of ,
1979, by and between: BOARD OF,COUNTY COMMISSIONERS OF EAGLE COUNTY,
hereinafter referred to as "COUNTY", and LEONARD A. SINCLAIR, here-
inafter referred to as "TENANT".
WITNESSETH THAT:
For and in consideration of the covenants and agreements
between the parties hereto hereinafter set forth, said COUNTY has,
and by these presents does lease and demise unto said TENANT the
following premises upon the following terms and conditions:
1)
this
DEMISED PREMISES. "Demised Premises" as the term is used in
lease, shall be that certain tract of real estate described as
follows:
LEGAL DESCRIPTION
Qi1N
LEONARD SINCLAIR - SPECIAL USE PERMIT
A parcel of land located within the property boundaries of
the Eagle County Airport as described at Book 131, Page 115 of the
Eagle County Records in Tract 55, Section 3, Township 5 South, Range
85 West of the Sixth Principal Meridian, in the County of Eagle and
State of Colorado, said parcel being more particularly described as
follows, to wit:
Beginning at a point which is approximately 30 feet West of
an existing gravel parking apron and approximately 20 feet South of
the southerly paved edge of the existing airport access road from
which an existing rebar and cap marking the easterly property corner,
on the northerly boundary line of said Eagle County Airport property
of which the course and distance is S.89 09'E. 2071.33 feet bears ap-
proximately N.82 39'E. 625 feet distant; thence approximately S.00 29'24"W.
100 feet parallel to and approximately 30 feet West of the westerly
edge of the existing gravel parking apron; thence approximately N.89 30'36"til.
100 feet; thence approximately N.00 29'24"E. 100 feet to a point approxi-
mately 20 feet South of the existing southerly paved edge of the air-
port access road; thence approximately S.89 39'36"E. 100 feet parallel
to said access road to the point of beginning, said parcel contains
approximately 0.23 of an acre, more or less.
2) PURPOSE. TENANT shall use said Demised Premises for the purpose
of storing, maintaining and repairing aircraft, and purposes reason-
ably incidental thereto. Any change in purpose shall be only with the
consent of the COUNTY and upon the terms described by the COUNTY.
C
3) PARKING. This lease is expressly contingent upon submittal of
a site plan by the TENANT to the COUNTY which delineates to the ap-
proval of the COUNTY that sufficient parking is provided for on said
demised premises.
4) TERM. The term of this lease shall be for one (1) year, begin-
ning with the issuance of a building permit, with two (2) options
for renewal of three (3) years each, Rental terms at the beginning
of each option period shall be consistent with prices for like ground
rental then in effect by the COUNTY..
5) RENT. In consideration of the leasing aforesaid, TENANT hereby
covenants and agrees to pay to COUNTY as rent for said Demised Pre-
mises at Eagle, Colorado, at the present rate of $0,10 per square
foot of land which said sum shall be paid in equal annual install-
ments, the first annual installment to be paid upon issuance of a
building permit and all subsequent annual installments shall be due
and payable on the anniversary of the initial payment each and every
year hereafter. Rent shall escalate at 7% per year,
6) CONSTRUCTION. TENANT intends to construct a temporary aircraft
hangar, and other accomodations incidental thereto, but TENANT agrees
that it shall not commence such construction until it receives from
the COUNTY a building permit. TENANT has express permission to uti-
lize existing electrical lines in the ground which are located adia-
cent to the demised property, provided that TENANT G"a4�a,
app h--uta-14-_-.V�
d
and procures a separate meter for the purpose of ascertaining TENANT'S
sole expenses.
7) TAXES OF GOVERNMENTAL AGENCIES. TENANT agrees to and with the
COUNTY that the TENANT will pay all utilities, and personal property
assessments, general and special and all other impositions, ordinary
and extraordinary of every kind and nature whatsoever, levied or as-
sessed upon the Demised Premises or any part thereof or upon any of
the building or improvements at any time situated thereon.
8) ASSIGNMENT.. The TENANT shall not sublease, assign or sell this
lease or any interest therein without first obtaining the written
consent of the COUNTY, which shall not be unreasonably withheld,
TENANT shall be permitted to assign, sell or transfer his interests
and obligations in the Demised Premises and the improvements thereon,
or a portion thereof, to any other entity in which he has a control-
ling interest without prior consent.
9) MAINTENANCE. The standards of up -keep and maintenance required
of the TENANT under this lease shall not be less than the standards
followed by the COUNTY for similar buildings and premises under the
COUNTY'S control. Any deviation from said minimum standards shall
be brought to the attention of the TENANT by the COUNTY and shall be
corrected within ninety (90) days thereafter.
10) ALTERATIONS. TENANT may, at its expense, make such alterations
in the improvements as it shall desire, but shall first obtain the
written consent of the COUNTY, which shall not be unreasonably with-
held.
11) INSPECTIONS. During the term hereof, the COUNTY shall have the
right to inspect said Demised Premises either by its Commissioners
or designated employees at any or all reasonable times upon adequate
prior notification of TENANT.
12) DAMAGE BY FIRE AND OTHER CAUSES. TENANT agrees that in case of
destruction in whole or part of said improvements either by fire or
otherwise,.that it will within ninety (90) days thereafter either
(a) repair said damage, or (b) remove the damaged improvement and
the debris resulting therefrom, provided, however, that if said des-
truction is of such extent that complete rebuilding is necessary,
the TENANT may elect to rebuild and shall have a reasonable period
of time in which to complete said rebuilding. Said ninety (90) days
shall be extended as necessary if weather or other circumstances
shall prohibit repairs.
13) LIABILITY. COUNTY shall not, nor shall any officer or employee
thereof; be liable or responsible for any accident, loss or damage
J happening, occurring and/or arising on the Demised Premises or re
suiting as a direct or indirect consequence of the occupation and
use of said Demised Premises by the TENANT, nor shall the COUNTY,
nor any officer or employee thereof, be liable for any persons or
property injured by reason of the nature of said work by the TENANT,
but all of said liabilities shall and are hereby assumed by TENANT.
TENANT hereby agrees to indemnify and hold harmless the COUNTY,
and any of its officers, agents, and employees against any losses,
claims, damages, or liabilities to which COUNTY or any such of its
officers, agents, or employees may become subject to, insofar as any
such losses, claims, damages or liabilities (or actions in respect
thereof) that arise out of or are based upon the occupation and use
of said Demised Premises by the TENANT; and TENANT shall reimburse
COUNTY for any and all legal or other expenses reasonably incurred
u.
by COUNTY in connection with investigating or defending any such loss,
damage, liability or action. This indemnity provision shall be in
addition to any other liability which TENANT may have.
14) RIGHT TO MORTGAGE. TENANT shall have right to mortgage or other-
wise encumber the improvements constructed by it on said Demised Pre-
mises. The COUNTY agrees to subordinate its interests herein to any
lending or financing agency.
15) DEFAULT. TENANT agrees that if default be made by it in pay-
ment of rent when due and if said default continues for more than
sixty (60) days, the COUNTY may elect to declare this lease forfeited,
in which event TENANT shall surrender possession of said premises
peacefully to the COUNTY. If TENANT shall default in any of the other
covenants herein contained and shall continue in such default for a
period of ninety (90) days after notice thereof in writing from the
COUNTY, the COUNTY shall have the election to declare this lease for-
feited and thereupon the TENANT shall surrender possession of said
Demised Premises peacefully. In event of any such default, the TENANT
hereby designates and appoints the COUNTY as its agent to make such
;y disposition of the improvements on said premises either by sale or
razing, and further authorizes said COUNTY to deduct from the proceeds
of said sale the amount of rental which is due to the COUNTY for the
remaining or unexpired term of said lease, together with its expenses
in making said sale and the balance, if any, shall be remitted to the
TENANT. In the event of any deficiency, the amount thereof due to
the COUNTY shall be paid by the TENANT, or, if necessary, collected
from it by appropriate legal action. In the event it is determined
to raze said improvements, then the COUNTY shall take bids for the
cost of razing and award said bid to the lowest reputable bidder.
The contract for razing and awarding of said bid to the lowest repu-
table bidder shall be let in the name of the TENANT, and the TENANT
shall be fully liable therefore to the successful bidder, any other
disposition of the improvements on said premises shall be by negotia-
tions between TENANT and the COUNTY. In the event the improvements
are sold by the COUNTY, the sale price shall not be less than the
then appraised value and upon said sale the COUNTY shall remit the
proceeds to the TENANT, less expenses and the balance of rent due
during the unexpired term of this lease. In the event the COUNTY
elects to again lease out the Demised Premises and improvements, the
rental rate shall be competitive for such property and improvements
and the COUNTY shall annually remit to the TENANT said rental payments
less reasonable expenses and less the ground rent due hereunder.
16) WAIVER OF DEMAND. The said TENANT hereby waives any demand for
the possession of said premises in the event of the forfeiture of this
lease, and agrees that the written notice of default hereinbefore pro-
vided for may be mailed via certified mail by said COUNTY to said TENANT
or its legal representatives, or assigns, to such address in the United
States as shall have been last furnished in writing by the TENANT
to the COUNTY, and the receipt thereof acknowledged by said COUNTY?
and that, if the TENANT shall not have so furnished an address as
t - above specified, then such notice may be conspicuously posted for
thirty (30) consecutive days at a main entrance or in front of the
premises demised by this lease and the giving of such notice in either
of the ways above specified shall constitute a good and sufficient
notice for the purpose of declaring a default of this lease under the
terms and provisions thereof in all cases whereby the terms of this
lease a notice of default is required to be given by said COUNTY! It
is mutually covenanted and agreed by and between the parties hereto
that if the leasehold estate hereby demised shall be conveyed by mort-
gage or Trust Deed, or otherwise by said TENANT, and if the COUNTY
shall be notified in writing of such mortgage or deed of trust, and
of the name and address of the mortgagee or trustee named therein,
then so long as such mortgage or deed of trust shall continue in force,
notice of the default in the performance of the covenants in this
lease contained, of the same kind and in the same manner and for the
same length of time as is hereby required to be given to the TENANT
shall also be given to said mortgagee or trustee, In every case
whereunder any of the provisions of this lease, or in the opinion of
the COUNTY, or otherwise, it shall be or may become necessary or de-
sirable to make, give or serve any kind or character of for any pur-
pose whatsoever, it shall be sufficient either (1) to deliver or cau§.e
to be delivered a copy of such declaration, demand, document, paper
or notice to the TENANT, or (2) to send or cause to be sent a copy of
any such declaration, demand, document, paper or notice by registered
mail, postage prepaid, properly addressed to the TENANT at such address
as the TENANT may have heretofore furnished to the COUNTY in writing
for the declared and express purpose of receiving notices, receipt of
which was acknowledged in writing by the COUNTY.
17) COSTS OF LITIGATION. Said TENANT further covenants and agrees
to and with the COUNTY that in case the COUNTY shall, without any de-
fault on its part, be made a party to any litigation commenced by or
against the said TENANT with respect to the Demised Premises or im-
provements thereon, then the TENANT shall and will pay all costs in
connection with such litigation and that said TENANT shall pay all
costs and reasonable attorney's fees which may be incurred by said
COUNTY in enforcing the covenants and agreements of this lease and
all such reasonable costs and attorney's fees when paid by said COUNTY
shall become at once a first and valid lein upon the buildings and
improvements upon said Demised Premises and upon the leasehold estate
hereby created.
18) NATIONAL EMERGENCY. In the event possession of the Demised Pre-
mises and the improvements thereon is assumed by the United States of
America, or other authorized agency, under any emergency powers, the
rent due under this lease shall abate for the period of such posses-
sion. In such event the TENANT shall not be responsible for any of
the other covenants in this lease until possession by the United States
of America shall terminate. In the further event that TENANT shall
be reimbursed by the United States of America or other authorized
agency, for its assumption of possession, then the rental provisions
of this lease shall remain in effect, but provided further, however,
that if said reimbursement is less than the amount of rental herein
provided, the TENANT shall be required to pay to the COUNTY only such
amount of reimbursement as it shall receive from the United States of
America or other authorized agency.
19) F.A.A. AND AIRPORT INSTRUMENTS. The Federal Aviation Agency
and COUNTY are hereby granted the right and privilege by TENANT to
place on and around the above-described premises, without cost to the
TENANT, whatever instruments and equipment they desire during the term
of this lease, so long as said instruments or equipment do not inter-
fere with the intended use of the premises by the TENANT.
20) AERIAL APPROACH. The COUNTY reserves the right to take any ac-
tion it considers necessary to protect the aerial approaches of the
Airport against obstruction, together with the right to prevent the
TENANT from erecting or permitting to be erected, any building or other
structure on the Airport which, in the opinion of the COUNTY, would
limit the usefulness of the Airport or constitute a hazard to aircraft.
21) SUBORDINATION. This lease shall be subordinate to the provisions
of any existing or future agreement between the COUNTY and the United
States, relative to the operation or maintenance of the Airport, the
execution of which has been or may be required as condition precedent
to the expenditure of Federal funds for the development of the Airport.
22) REMOVAL OF BUILDING UPON TERMINATION. The TENANT shall be the
owner of all temporary structures and improvements which it makes on
said Demised Premises at its sole expense, but further agrees with the
COUNTY that upon the termination of this lease by lapse of time or other-
wise said TENANT will at once remove any and all temporary structures
and improvements thereon and will restore the Demised Premises to their
original condition existing on the date of this lease, without cost to
COUNTY.
23) SERVICES. The COUNTY shall have no responsibility or liability
to furnish any services to TENANT other than those specified in this
lease, but TENANT may negotiate with COUNTY for any additional ser-
vices it may request and shall pay for such additional services it
may request and shall pay for such additional services the consi-
deration so negotiated. However, TENANT shall receive any services
that are now or may hereafter be provided by the COUNTY to other like
TENANTS under identical terms.
24) ADDITIONAL CONDITIONS.
A. All structures located upon the Demised Premises shall
comply with the Requirements of the Eagle County Building Code and
the Airport Master Plan and any revisions or amendments thereof.
However, by issuance of a building permit it shall be thereby deemed
that TENANT has complied with the above. In addition, TENANT shall
comply with all applicable regulations and rules concerning water
and sanitation. A building permit shall not be issued unless said {1
compliance is shown to the satisfaction of the COUNTY.
B. In the event the improvement placed on the Demised Pre-
mises, or a portion thereof, shall become available for sale, those
persons who have previously applied for permission to construct a
hangar or hangars shall have the right of first refusal in the order
in which they had applied. If no one of these persons accepts within
thirty (30) days of receipt of notice of sale at their last known ad-
dress, then TENANT may sell the improvements and sublet or assign the
ground lease to any person or entity whomsoever without additional
notification to or consent from the COUNTY.
C. TENANT will, not later than sixty (60) days after com-
pletion of construction of any structure, file a complete itemization
of the cost thereof with the Eagle County Clerk and Recorder.
D. Applications for building permits will be submitted to
the Eagle County Airport Commission prior to the issuance of a build-
ing permit, which shall in no ways cause delay in the timely issuance
of a building permit providing the conditions contained herein are
complied with.
E. Nothing contained herein shall be construed to prohibit
or hinder TENANT from renting the improvements on the Demised Premises,
or a portion thereof, to any person or entity whosoever for the pur-
pose of storing aircraft.
F. It is agreed that, with respect to any aircraft using
hangars constructed on the Demised Premises, adequate access to, and
maneuvering room in front of hangar will forever and at all time be
protected during the term of this lease.
7(7)
25) WORKMAN'S COMPENSATION. Said TENANT further covenants and agrees
that the TENANT will save harmless said COUNTY at all times during the
continuation of this lease from all damages, claims, fines, penalties,
costs and expenses whatsoever which may result from any workman's com-
pensation claim.
26) NOTICE. Whenever any notice or payment is required by this lease
to be made, given or transmitted to the parties hereto, unless other-
wise specified herein, such notice or payment shall be deemed to have
been given if enclosed in an envelope with sufficient postage attached
to insure delivery, and deposited in the United States Mail addressed
to: EAGLE COUNTY AIRPORT MAINTENANCE SERVICE, BOX 368, GYPSUM, COLORADO,
81637.
AMENDMENTS: All amendments to this lease must be made in writing by
mutual agreement of the parties and no oral amendments shall be of
any force or effect whatever.
enant
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
l
Din liams, Chairman
Dale Grant, Commissione
Clerk of tne
Commissioners
c..-
I..
Keith Troxel, Commissioner
1 brc+
t
ATTEST:
d
!O
Clerk of tne
Commissioners
