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Home My WebLink AboutC87-040 Public Terminal Lease Agreement with Howard Air7) C87-40-17 PUBLIC TERMINAL LEASE AGREEMENT --.- THIS AGREEMENT entered into by and between Howard Air Services, Inc., a Corporation, of 9871 Cooley Mesa Road, Eagle County, Colorado (P.O. Box 248, Eagle, Colorado 81631) (hereinafter "Howard"); and The County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter the "County"). Howard agrees to lease to the County space in its F.B.O. building as identified on the attached Exhibit A which is incorporated herein by reference thereto, and Howard agrees to provide certain service under the terms and conditions and consideration of the mutual covenants herein as follows. 1. TERM: The term of the lease shall begin on the comple- tion of the premises approximately March of 1987, and run for a period of five years from the date of issuance of the Certificate of Occupancy (or Temporary Certificate of occupan- cy) for the leasehold premises. Howard agrees to complete the leasehold premises in a timely manner. 2. RENTAL: Howard agrees to rent to the County and the County agrees to rent that portion of the building owned by Howard, generally described as the public terminal and baggage areas of the building located in Howard's F.B.O. building at the Eagle County Airport and shown on the attached Exhibit A. The County agrees to pay Howard fifty cents per square foot per month for the approximately 8,000 square feet contained in the leased premises. 3. USE OF LEASED PREMISES: The purpose of this Agreement is to allow the County to use the space as an airport terminal, and each and every purpose that may be associated with provid- ing such services to the public. Further, Eagle County may establish the office of the Airport Manager within the leased premises. The County shall have the right to sub -lease space within the leased premises; however, the County shall not lease any space of any kind to any F.B.O. for purposes of providing or facilitating F.B.O. line services. 4. MAINTENANCE AND HOUSEKEEPING: In the terms of this Agreement Howard agrees to maintain the terminal building in an orderly and operating fashion, to provide ordinary house- keeping, and provide at its expense all maintenance to the building that may be required, including the repair of damages to the premises not resulting from the abuse by Eagle County or its business activities, negligence or abuse. The County shall return the leased premises to Howard at the end of the .m� �, �.p lease term in as good a condition as it was received, ordinary wear and tear excepted. 5. UTILITIES: Howard shall provide heat, electricity, water, trash service, and snow removal. The County shall be responsible for its own telephone expenses. Howard shall be allowed to make an appropriate charge for any electricity required for purposes other than lighting by any sub -lessee of the County. 6. MANAGEMENT: Howard agrees to manage the leased premises of the terminal counter space, leasing of advertising space, vending machine area, collection of rents and accounting of income and expenses. Sub -lease rates shall be determined by the County after consultation with Howard. Howard shall collect the rents and accounting of income and expenses. The management fee is to be twenty percent (20%) of the gross monies collected. 7. RENTS: All rents provided for in this Agreement are due and payable on the tenth (10th) day of each month. 8. RELATIONSHIP OF THE PARTIES: The relationship of Howard and the County shall be that of Lessor -Lessee for the use of the space. Nothing contained herein shall be deemed to create any joint venture, partnership or other business relationship between the parties. 9. FINISH AND FURNISHING: The space leased to the County shall be finished including walls, ceilings, lighting and electrical outlets, plumbing and other fixtures. The County or its tenants shall be responsible, however, for provision of any furniture or signs it requires (other than those required by the Building Code). 10. FIRE OR OTHER CASUALTY: Should fire or other casualty damage the leasehold premises so as to render the same unten- able or unfit for occupancy, then the Lessor shall repair the same with all reasonable promptitute and the rent shall abate during the period which the premises are untenable. 11. NOTICES: Any notice hereunder shall be sufficient if sent by registered or certified mail addressed to the County at P.O. Box 850, Eagle, Colorado, 81631; or to Howard at the Address contained herein. 12. DISAGREEMENTS: Shall there arise during the course of the term of this Agreement any disagreement about the lease or the conduct of the parties in relation thereto, the aggrieved party shall give notice to the other party of a meeting to be -2- held at the place, date of resolve not 1 said thei r offices of t ess than thr notice, so differences he County or other mutually agreed ee nor more than ten days from the that the parties may attempt to prior to any other action. 13. LAW: This Agreement shall be governed by the law of the State of Colorado. 14. MODIFICATION: Any modification, addition or deletion to this Agreement shall be in writing. 15. NON-DISCRIMINATION: Howard and the County agree to furnish all services on a fair, equal, and non-discriminatory basis to all users thereof, and to charge fair, reasonable, and non-discriminatory prices for each unit of sale or service, provided that Howard may be allowed to make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Howard and the County, for themselves, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof, do hereby covenant and agree as a covenant running with the land that: a. No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of said facilities. b. In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. C. Howard and the County shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. -3- Y m $. 16. CONDITION: 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 a condition precedent to the expenditure of Federal funds for the development of the Airport. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their proper officers acting with full authority of the respective parties, this 16th day of Pebruarnr=I=ga�r March, 1987. ATTEST: -B Secieta ATTEST: LESSOR: HOWARD AIR SERVICES, INC. By: -w Preside LESSEE: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By : BY Clerk of the Board of County Commissioners (SEAL) 0 -4- r ter.... � .. . JI -yr a LA. do • - {- ecEts Fore - '�� t -. i � PI ^T. I 1 o .LJMN DETAIL VEST D _ - VI e•,.a .pec--� AT '} 'M W 12-a - ./ 6 • fi b = 7w0 Li.url - - B GAGE ..�; SEr�rthTrv+.t ll A� WALL bl b. t. Z m -a nAc-�_ w I STYa wl.u. PYMS 4 y t CHECK-IN�� LOBBY BAGGAGE .� - al - 1LC77ADING V. 7— sy EQUIP ( ov — dY gAMP ,'� VINs Flr-C-a..r- it -� MEN � W MEN REBTROOMr/ ESTROOM �'+ ELEVATOR n'( LOBBY 8 •j tear � -z— _ — — E URITY 65moo. ri rto-•a \ -E TAIR EGSlq.o E SE FUTURE LEASE IVESA • 1 A.o I I• eePL.ACc\ L08EY IG= 4� •3 r'y�s' la.v E'•1 . _ '� EST. k-IrNE.r PLANtort at,s h•wTl / I ISGHrrGxL� '. b F. E EXIBIT A - Lease from Howard Air to County