Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutC80-014 Airport Facilities Lease with Ted JohnsonP
AIRPORT FACILITIES LEASE
THIS LEASE is made and entered into this �day of ,
1980, and is by and between the Board of County Commissioners, County of Eagle,
Colorado, hereinafter referred to as the "Lessor", and Ted Johnson, hereinafter
referred to as "Lessee".
WITNESSETH:
WHEREAS, the Lessor is the representative of Eagle County, Colorado,
duly authorized by law to administer and govern the property known as the Eagle
County Airport, hereinafter referred to as the "Airport" and
WHEREAS, Lessor is willing to lease to Lessee a portion of the Airport
premises together with such rights and privileges as are set forth in this agree-
ment and
WHEREAS, the Lessee is desirous of leasing a tract of ground within the
boundaries of the Eagle County Airport for the purpose of using an airplane hangar
thereupon.
NOW, THEREFORE, for and in consideration of the mutual covenants con-
tained herein the parties hereto do hereby agree as follows:
SECTION ONE
USE OF AIRPORT
Lessee is granted the use, in common with others similiarly authorized,
of the Airport, together with all facilities, equipment, improvements, and services
which have been or may hereafter be provided at or in connection with the Airport
from time to time including, but not limited to, the landing field and any ex-
tensions thereof or additions thereto, roadways, aprons, taxiways, floodlights,
landing lights, beacons, control tower, signals, radio aids , and all other con-
veniences for flying, landings, and takeoffs.
SECTION TWO
NON-EXCLUSIVE GROUND SPACE
Lessor grants Lessee the non-exclusive use of that portion of the Airport
premises described in Exhibit "A" attached hereto and incorporated herein by this
reference, hereinafter referred to as the "Demised Premises", for the purpose of
using an airplane hangar thereupon. The size of the Demised Premises is '44 feet X
36.5 feet. -The airplane hangar building,is 40.8,feet X 32,7feet as described in
Exhibit "B"
AIRPORT FACILITIES LEASE
THIS LEASE is made and entered into this �day of ,
1980, and is by and between the Board of County Commissioners, County of Eagle,
Colorado, hereinafter referred to as the "Lessor", and Ted Johnson, hereinafter
referred to as "Lessee".
WITNESSETH:
WHEREAS, the Lessor is the representative of Eagle County, Colorado,
duly authorized by law to administer and govern the property known as the Eagle
County Airport, hereinafter referred to as the "Airport" and
WHEREAS, Lessor is willing to lease to Lessee a portion of the Airport
premises together with such rights and privileges as are set forth in this agree-
ment and
WHEREAS, the Lessee is desirous of leasing a tract of ground within the
boundaries of the Eagle County Airport for the purpose of using an airplane hangar
thereupon.
NOW, THEREFORE, for and in consideration of the mutual covenants con-
tained herein the parties hereto do hereby agree as follows:
SECTION ONE
USE OF AIRPORT
Lessee is granted the use, in common with others similiarly authorized,
of the Airport, together with all facilities, equipment, improvements, and services
which have been or may hereafter be provided at or in connection with the Airport
from time to time including, but not limited to, the landing field and any ex-
tensions thereof or additions thereto, roadways, aprons, taxiways, floodlights,
landing lights, beacons, control tower, signals, radio aids , and all other con-
veniences for flying, landings, and takeoffs.
SECTION TWO
NON-EXCLUSIVE GROUND SPACE
Lessor grants Lessee the non-exclusive use of that portion of the Airport
premises described in Exhibit "A" attached hereto and incorporated herein by this
reference, hereinafter referred to as the "Demised Premises", for the purpose of
using an airplane hangar thereupon. The size of the Demised Premises is '44 feet X
36.5 feet. -The airplane hangar building,is 40.8,feet X 32,7feet as described in
Exhibit "B"
attached hereto and incorporated herein by this reference.
SECTION THREE
EXCLUSIVE HANGER SPACE
Lessor grants Lessee the exclusive use of the space contained within
the property described in Exhibit "A" upon which the aforesaid hangar is placed.
Lessee shall use the airplane hangar building for the purpose of storing
and maintaining aircraft and purposes reasonably incidental thereto, excluding
uses for commercial purposes. Any change in purpose shall be only with the
consent of the Lessor and upon the terms described by the Lessor.
Lessee may, at its sole expense, make such exterior alterations in
the improvements as it shall desire, but shall first obtain the written consent
of the Lessor, which not be unreasonably withheld.
SECTION FOUR
PARKING SPACE
Lessee shall provide adequate parking spaces upon the Demised Premises
for the use of Lessee's employees, customers, and passengers. If the Lessee, at
any time during the duration of this lease, cannot provide adequate parking upon
the Demised Premises, Lessee shall make arrangements with the Lessor for adequate
parking located near the terminal building or such other reasonable location as
may be designated by the Lessor for the use of Lessee's employees, customers and
passengers. At such time arrangements for adequate parking are made between the
Lessor and Lessee, Lessor has the right to increase the rent in proportion to the
additional area utilized by the Lessee for the purpose of providing adequate
parking.
SECTION FIVE
RIGHT OF INGRESS AND EGRESS
Lessee shall have at all times the full and free right of ingress to and
egress from the premises and facilities referred to herein for Lessee, its employees,
customers, passengers, guests, and other invitees. Such rights shall also extend
to persons or organizations supplying materials or furnishing services to Lessee,
to include vehicles, machinery, and equipment reasonably required by such persons
or organizations.
SECTION SIX
TERM
Subject to earlier termination as hereinafter provided, the initial
term of this agreement shall be the period commencing on is t day of
June , 1980, and ending on 1st day of June 1985,
subject, however, to one option hereby granted by Lessor to Lessee to renew this
agreement for an additional term of five years under the same terms and con-
ditions and subject to the same rentals, fees, and charges as provided herein
for the initial term. Lessee shall notify Lessor in writing of Lessee's intention
to exercise the renewal option not less than six months before the expiration of
the term hereof.
SECTION SEVEN
RENTALS AND CHARGES
Lessee agrees to pay Lessor for the use of the premises, facilities,
rights, services, and privileges granted hereunder rentals and charges according
to the following schedule:
a. For the exclusive use of the hangar area Lessee hereby covenants
and agrees to pay Lessor as rent for said Demised Premises at Eagle, Colorado, at
the base rate of ten cents per square foot of land within the perimeter walls of
the hangar building which said sum shall be paid in equal annual installments,
the first annual installment to be paid upon the execution of this agreement and
all subsequent annual installments shall be due and payable on the anniversary of
the initial payment each and every year hereafter. The annual "Base Rent" shall
be indexed as follows:
(1) The "Base Month" and the denomination shall be September
1, 1979,
(2) The "Anniversary Month" and the denomination shall be
the first day of September of each respective year,
(3) The index shall be the Denver -Boulder, Colorado Consumer
Price Index for All Urban Consumers, All Items (1967 = 100) published bi-monthly
by the U. S. Bureau of Labor Statstics, 303-837-2467, and
(4) The "Anniversary Rent" shall be determined by multiplying
the "Base Rent" times a fraction, the numerator being the particular "Anniversary
Month" index and the denominator being the "Base Month" index. The index for
September 1, 1979,is 223.4 . (If the "Anniversary Month" or "Base Month" is
an unpublished month, the previous and succeeding month, when available, shall be
averaged.)
b. In the event Lessee commences to utilize additional area
space designated in Exhibit "A" which is not a part of the area to be used for
the airplane hangar building designated in Exhibit "B" for such purposes as
including, but not limited to, rental of the tie -down spaces, Lessor shall have
the right to increase the rent annually payed at the rate of ten cents per square
foot for the additional space used plus the yearly percentage cost increase as
calculated hereinabove.
c. For the use of the other airport facilities (landing and takeoff
fees, etc.), Lessee shall pay to Lessor or its concessionaires such fees as are
charged to other users of the Airport facilities similiarly situated as from time
to time determined by the Lessor.
SECTION EIGHT
NO ADDITIONAL CHARGES OR FEES
No charges, fees, or tolls, other than those expressly provided for
herein, shall be charged or collected by Lessor from Lessee or any other persons
for the privilege of entering or leaving the Airport or, within the limits of the
Airport, for the privilege of transporting, loading, unloading, or handling
persons, cargo, or property, in connection with Lessee's business.
SECTION NINE
RIGHTS AND PRIVILEGES
In its use of the Airport and related facilities, Lessee is granted the
rights and privileges accorded to all other Lessees of Airport space and users of
the Airport facilities similarly situated as from time to time determined by
the Lessor.
SECTION TEN
TAXES AND ASSESSMENTS
Lessee agrees to and with the Lessor that the Lessee shall pay all
personal property assessments, general and special and all other impositions,
ordinary and extraordinary of every°k.ind.and:-.nature`whatsoe.ver levied.or assessed
upon the airplane hangar building described in Exhibit "B" or any part thereof
or upon any of the building or improvements at any time situated thereon.
SECTION ELEVEN
MAINTENANCE AND UTILITIES
Lessee shall provide for and supply at its sole expense all janitor
service with respect to the building described in Exhibit "B" used exclusively by
Lessee, and shall provide for and pay for all heat, light, gas, electricity, and
water used by it on or in connection with such buildings and facilities.
Lessor hereby grants to Lessee such reasonable non-exclusive easements
as are necessary to provide utilities to the hangar.
During the term of this lease and any renewal thereof, Lessee shall
maintain the hangar according to the standards established by the Lessor for
similar buildings and premises under Lessor's control at the Eagle County
Airport.
SECTION TWELVE
OPTION TO LEASE ADDITIONAL SPACE
No option is granted to lease additional space.
SECTION THIRTEEN
RULES AND REGULATIONS
Lessee agrees to observe and obey reasonable rul.es and.regul.ations with
respect to the use of the premises; provided, however, that such rules and reg-
ulations shall be consistent with safety and with rules, regulations, and orders
of the Federal Aviation Administration with respect to aircraft operations at
the Airport and provided further, that such rules and regulations shall not be
inconsistent with the provisions of this agreement or the procedures prescribed
or approved from time to time by the Federal Aviation Administration with respect
to the operation of Lessee's aircraft at the Airport.
SECTION FOURTEEN
DAMAGE OR DESTRUCTION OF HANGAR
If the hangar is partially damaged by fire, the elements, the public
enemy, or other casualty, such hangar shall be repair with due diligence by Lessee
at its sole cost and expense. If the damage is so extensive to render such hangar
untenantable but capable of being repaired in ninety days, the hangar shall be
repaired with due diligence by Lessee at its sole cost and expense, and the rent
payable hereunder with respect to Lessee's exclusive space in such hangar shall
be proportionately paid up to the time of such damage and shall thence forth cease
until such time as the hangar shall be fully restored. If such hangar is completely
destroyed or is so damaged that it will remain untenantable for more than forty
five days, Lessee shall repair or reconstruct the hangar with due diligence at its
own cost and expense, rent for that hangar to be adjusted as set forth above;
provided, however, that Lessee may, at it option, cancel this agreement, such
cancellation to be effective as of the date the hangar was destroyed or damaged.
In the event that the Airport is rendered untenantable or unusable there
shall be a reasonable and proportionate abatement of the rentals, fees, and charges
provided for herein during the period that the same are so untenantable or unusable.
SECTION FIFTEEN
INSURANCE
Lessee shall procure and maintain in force insurance covering the ex-
clusively leased premises and Lessee's acitivities thereon in minimum amounts as
follows:
a. The full market value of all airplanes stored in the hangar.
b. Public liability insurance in the name of the Lessor and
Lessee with coverage in the amounts of f6ur hundred thousand dollars per person
and four hundred thousand dollars per incident and four hundred thousand dollars
property damage.
All such insurance provided herein shall be maintained with a company
or companies to be approved by Lessor and such policies of insurance shall provide
for thirty days written notice to be given all parties in. interest prior to
cancellation of such policies by the insuror. The expense of such insurance shall
be paid by Lessee. A certificate of the actual amount of insurance obtained shall
be deposited with and retained by the Lessor and shall be subject to Lessor's
approval. Lessee agrees to notify the Lessor in writing as to any amendment to
such policies.
SECTION SIXTEEN
INDEMNIFICATION OF LESSOR
Lessee agrees to indemnify and hold harmless the Lessor, the Board of
County Commissioners, the individual members thereof, commissions and/or
agencies of the County, its officials, agents, servants and/or employees, from
any and all claims, demands, charges, actions, costs and expenses of any nature
in any manner arising from
(a) Lessee's airport operations hereunder, or
(b) The operations of any person or corporation. acting by, through
or under Lessee or any of its renters, lessees, or customers hereunder.
Lessor shall give to Lessee prompt and timely notice of any claim made
or suit instituted which in any way directly or indirectly, contingently or other-
wise, affects or might affect Lessee, and Lessee shall have the right to compromise
and defend the same to the extent of its own interests.
SECTION SEVENTEEN
TERMINATION BY LESSEE
If Lessor fails to perform an act or acts or render any service required
to be performed or rendered by Lessor under the terms of this agreement, and if
Lessor fails to remedy any such default in a manner reasonably satisfactory to
Lessee within thirty days following receipt from Lessee of written notice to remedy
the same, Lessee may elect to terminate this agreement by giving thirty days
written notice to the Lessor.
SECTION EIGHTEEN
TERMINATION BY LESSOR
Lessee agrees that if default be made by it in payment of rent when
due and if said default continues for more than sixty days, the Lessor may
elect to declare this lease forfeited, in which event Lessee shall surrender
possession of Exhibit "A" premises peacefully to the Lessor. If Lessee shall de-
fault in any of the other covenants contained herein and shall continue in such
default for a period of ninety days after notice hereof in writing from Lessor,
the Lessor shall have the election to declare this lease forfeited and thereupon
the Lessee shall surrender possession of said demised premises peacefully. In
the event of any such default, the Lessee hereby designates and appoints the
Lessor as its agent to make such disposition of the improvements on said premises
either by sale or razing, and further authorizes said Lessor to deduct from the
proceeds of said sale the amount of rental which is due to the Lessor 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 Lessee. In the event
of any deficiency, the amount thereof due to the Lessor shall be paid by the Lessee,
or, if necessary, collected from it by appropriate legal action. In the event it
is determined to raze said improvements, then the Lessor shall take bids for the
costs of razing and award said bid to the lowest reputable bidder. The contract
for razing and awarding of said bid to the lowest reputable bidder shall be let
in the name of the Lessee, and the Lessee shall be fully liable therefor to the
successful bidder, any other disposition of the improvements on said premises
shall be by negotiations between Lessee and the Lessor. In the event the 'improve-
ments
mprove-ments are sold by the Lessor, the sale price shall not be less than the then app-
raised value and upon said sale the Lessor shall remit the proceeds to the Lessee,
less expenses and the balance of rent due during the unexpired term of this lease.
In the event the Lessor elects to again lease out the 'premises and improvements,
the rental rate shall be competitive for such property and improvements and the
Lessor shall annually remit to the Lessee said rental payments less reasonable
expenses and less the ground rent due hereunder.
The said Lessee 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 provided for may be mailed via certified mail by
said Lessor to said Lessee or its legal representative, or assigns, to such add-
ress in the United States as shall have been last furnished in writing by the
Lessee to the Lessor, and the receipt thereof acknowledged by said Lessor, and
that, if the Lessee shall not have so furnished an address as above specified,
then such notice may be .cons,pi c-uodsly posted ' for: thirty co-nsecut,i ve' days-: in the
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
r
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 Lessor. It is mutually
covenanted and agreed by and between the parties hereto that if the leasehold
estate hereby demised shall be conveyed by mortgage or trust deed, or otherwise
by said Lessee, and if the Lessor 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 Lessee shall also be given to said mortgagee
or trustee. In any case whereunder any of the provisions of this lease, or in
the opinion of the Lessor, or otherwise, it shall be or may become necessary or
desirable to make, give, or serve any kind or character or for any purpose whatso-
ever, it shall be sufficient either
(1) To deliver or cause to be delivered a copy of such declaration,
demand, document, paper or notice to the Lessee, or
(2) To send or cause to be sent a copy of any such declaration,
demand, document, paper or notice by registered mail, postage pre -paid, properly
addressed to the Lessee at such address as the Lessee may have heretofore furnished
to the Lessor in writing for the declared and expressed purpose of receiving
notices, receipt of which was acknowledged in writing by the Lessor.
SECTION NINETEEN
SURRENDER OF POSSESSION
On the expiration or other termination of this lease, the real property
described in Exhibit "A" shall revert back to the Lessor, and Lessee's rights to
use of the premises, facilities, and services described herein shall cease, and
Lessee shall vacate the premises without unreasonable delay.
Except as otherwise provided in this agreement, the hangar, fixtures,
improvements, equipment, and other property bought, installed, erected, or placed
by Lessee in, on, or about the Airport and premises leased hereunder, including,
but not limited to, storage tanks, pipes, pumps, wires, poles, machinery, and
air conditioning equipment, shall be deemed to be personalty and shall remain the
property of Lessee. Lessee shall have the right at any time during the term of
this agreement, or any renewal or extension hereof, and for an additional period
of thirty days after the expiration or other termination of this agreement, to
remove any and all such property from the Airport, subject, however, to Lessee's
obligation to repair all damage, if any, resulting from such removal. Any and
all property not removed by Lessee prior to the expiration of the aforesaid thirty
day period shall thereupon become a part of the land on which it is located and
title thereto shall thereupon vest in Lessor.
i
SECTION TWENTY
INSPECTION BY LESSOR
During the term hereof, the Lessor shall have the right to inspect said
premises either by its Commissioners or designated employees at any and all
reasonable times upon adequate prior notification of Lessee.
SECTION TWENTY - ONE
ASSIGNMENT AND SUBLETTING
Lessee shall not at any time assign its rights under this agreement or
any part thereof without the written consent of Lessor which shall not be unreasonably
withheld; provided, however, that the foregoing shall not prevent the assignment
of such rights to any corporation with which Lessee may merge or consolidate, or
which may succeed to the business of Lessee or to another partner or to the
United States Government or any agency thereof; nor shall Lesse be prevented
from subletting a portion but not all of the space in the hangar leased exclusively
to Lessee hereunder, to any person, firm, or corporations. No such subletting
shall release Lessee from its obligations to pay any and all the rentals and charges
set forth herein.
SECTION TWENTY - TWO
RIGHT TO MORTGAGE
Lessee shall have the right to mortgage or otherwise encumber the
improvements constructed by it on said premises. The Lessor agrees to subordinate
its interests herein to any lending or financing agency.
SECTION TWENTY - THREE
COST OF LITIGATION
Lessee covenants and agrees to and with the Lessor that in case the Lessor
shall, without any default on its part be made a party to any litigation commenced
by or against the said Lessee with respect to the airplane hangar building des-
cribed in Exhibit "B" and/or improvements thereon, then the Lessee shall and will
pay all costs in coneection with such litigation and that said Lessee shall pay
all costs and reasonable attorneys fees which may be incurred by said Lessor in
enforcing the covenants and agreements of this lease and all such reasonable
costs and attorneys fees when paid by said Lessor shall become at once a first and
valid lien upon the building and improvements upon said premises and upon the
leasehold estate hereby created.
SECTION TWENTY - FOUR
NATIONAL EMERGENCY
In the event possession of the demised premises 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 possession. In such event, Lessee 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 Lessee 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 Lessee shall be required to pay to the Lessor only
such amount of reimbursement as it shall receive from the United States of America
or other authorized agency.
SECTION TWENTY - FIVE
F. A. A. AND AIRPORT INSTRUMENTS
The Federal Aviation Agency and Lessor are hereby granted the right and
privilege by Lessee to place on and around the above described premises without
costs to the Lessor, 'whatever instruments and equipment they desire during the
term of this lease, so long as said instruments or equipment do not interfere with
the intended use of the premises by the Lessee.
SECTION TWENTY - SIX
AERIAL APPROACH
The Lessor reserves the right to take any action it considers necessary
to protect the aerial approaches to the Airport against obstruction, together with
the right to prevent the Lessee from erecting or permitting to be erected, any
building or other structure on the Airport which in the opinion of the Lessor,
would limit the usefulness of the Airport or constitute a hazard to aircraft.
SECTION TWENTY - SEVEN
SUBORDINATION
This lease shall be subordinate to the provisions of any existing or
future agreement between the Lessor 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 expendituure of*federal funds .for the development -,of
the Airport.
SECTION TWENTY - EIGHT
RESERVATIONS OF COUNTY
It is understood and agreed that nothing herein contained shall be
construed to grant or authorize the granting of an exclusive right, except the
exclusive right to use the hangar space referred to in Exhibit "B" subject to
the rights of the Lessor specified herein.
The Lessor reserves the right to further develop or improve the Airport
as it sees fit, regardless of the desires or views of Lessee, and without interference
or hindrance.
Lessor reserves the right, but shall not be obligated to Lessee, to main-
tain and keep in repair the Airport and all publicly owned facilities of the
Airport, together with the right to direct and control all activities of Lessee
in this regard.
There is hereby reserved to the Lessor, its successors and assigns, for
the use and benefit of the public, a right of flight for the passage of aircraft
in the airspace above the surface of the premises hereby leased, together with the
right to cause in said airspace such noise as may be inherent in the operation of
aircraft, now known or hereafter used for navigation of flight in the air, using
said airspace or landing at, taking off from or operating on the Eagle County
Airport.
Non-compliance with this Section shall constitute a material breach
or default of this agreement and in the event of such non-compliance, the County
shall have the right to terminate this agreement without liability therefore,
or at the election of the County or the United States or both of said governments,
shall have the right to enforce judicially this Section.
SECTION TWENTY-NINE
ADDITIONAL CONDITIONS
A. Lessee shall use the leased premises soley for airport purposes as
hereinabove set forth, and in so doing shall enforce and comply with all applicable
laws of the State of Colorado and the United States of America; rules and regulations
of the County of Eagle; as well as any and all bureaus, departments and agencies
of said County, State of Colorado or United States of America, as they may be
amended from time to time. In addition, 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. Further, Lessee
shall comply with all applicable requlations and rules concerning water and
sanitation.
B. In the event that a hundred percent of the entire interest of the
Lessee becomes available for sale, excluding those transfers permitted by Section
Twenty -One, 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 days of receipt
of notice of sale at their last known address, then Lessee may sell the improvements
and sublet or assign the entire ground lease upon the written approval by the
Lessor to any person or entity whomsoever.
C. Nothing contained herein shall be construed to prohibit or hinder
Lessee from renting the improvements described in Exhibit "B", or a portion
thereof, to any person or entity whosoever for the purpose of storing aircraft.
D. It is agreed that, with respect to any aircraft using the hangar
described in Exhibit "B" herein, adequate access to, and maneuvering room in
front of hangar will forever and at all times be protected during the term of
this lease.
E. Lessee has expressed permission to utilize existing electrical lines
in the ground which are located adjacent to the demised property, provided that
Lessee obtains written approval from the rural electrical association of such
utilization and procures a separate meter for the purpose of ascertaining Lessee's
sole expenses.
F. Said Lessee further covenants and agrees that,the.Le.ssee:.will save
harmless said Lessor 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 Compensa,ti:on .Cl.aim.
G. Any notices or consent provided for herein shall be in writing and
shall be delivered in person or mailed by certified or registered mail, return
receipt requested, postage pre -paid, to the party for whom intended at the address
set forth below;
Lessor: BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, COLORADO
P. 0. BOX 850
Eagle, Colorado 81631
Attention: Administrative Assistant
Lessee: TED JOHNSON
352 East Meadow Drive
Vail, Colorado 81657
Either party may change its address by written notice to the other party.
Notices or consents are deemed to have been given effective of the date of delivery
if personally delivered and as of the third day after mailing if mailed.
H. All the covenants, conditions, and provisions in this agreement shall
extend to and bind the legal representatives, successors, and assigns of the re-
spective parties hereto.
I. This agreement shall be construed under the laws of the State of
Colorado. Any covenant, condition, or provision herein contained that is held
to be invalid by any court of competent jurisdiction shall be considered deleted
from this agreement, but such deletion shall in no way affect any other covenant,
condition, or provision herein contained so long as such deletion does not
materially prejudice Lessor or Lessee in their respective rights and obligations
contained in the valid covenants, conditions, or provisions of this agreement.
J. All amendments to this lease agreement shall be made in writing
by mutual agreement by the parties and no oral amendments shall be of any force
or effect whatsoever.
K. The Lessor shall have no responsibility or liability to furnish any
services to Lessee other than those specified in this lease, the Lessee may negotiate
with Lessor for additional services and may request and shall pay for such add-
itional services the considerations so negotiated. However, Lessee shall receive
any services that are now or may hereafter be provided by the Lessor to other
like Lessees under identical terms.
L. Lessor shall have no responsibility or liability to remove the snow
on and, or, near the demised premises of the Lessee for the Lessee's sole use
and benefit.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the year and date first above written.
Ted" Johns
Address
Telephone,`
STATE OF COLORADO,
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
i
BY: �
Dale F. Grant, C airman
Address
Telephone
ATTEST:
C k "oftheABo County
C mmissioners
COUNTY OF EAGLE J ss.
The foregoing instrument was acknowledged before me this _)7- day of
1980, by %aft�is
Hy commission expiresJa'L(/, 6119
Witness my hand and ooffi.c l sea
Notary/ Pub l`' c