HomeMy WebLinkAboutC87-092 Lease with Joyce Communications KEYQ airport beacon approach towerC87-92-17
LEASE
BETWEEN
THE COUN'T'Y OF EAGLE, STATE OF COLORADO
ME
JOYCE COMMUNICATIONS, INC., D/B/A KEYQ
EAGLE COUNTY AIRPORT LIGHT BEACON APPROACH
THIS AGREEMENT made and entered into this /moi
day of P , 1987, by and between the County of Eagle,
State of Colorado, by and through its Board of County Commis-
sioners, Landlord, and Joyce .Communications, Inc., a
air corporation, d/b/a KEYQ, Tenant.
W I T N E S S E T H:
1. That the said Landlord does hereby lease to the said
Tenant the following described property, situated in the
County of Eagle, State of Colorado, to be used only for the
purpose of supporting a translator pertaining to and for the
use of Tenant, viz:
Eagle County Airport Light Beacon Approach Tower.
Elevation: 7,003 AMJL
Tower: 50 feet
Latitude: 390 38' 39"
Longitude: 106051' 36"
for the term of one year, beginning on the 6th day of April,
1987, and ending on the 6th day of April, 1988, automatically
renewable each year thereafter unless terminated as provided
herein or by written notice, certified mail, return receipt
requested, by the party desiring such termination, said notice
to be mailed to the other party at the address given below for
notices, at least ten (10) days prior to the annual expiration
date hereof.
2. The Tenant agrees to pay as annual rent for said
premises Six Hundred Dollars ($600.00), payable in advance on
the 6th day of April of each year this lease remains in
effect, the first such payment due and payable as of April 6,
1987.
3. The Tenant covenants with the Landlord that at the
termination of this lease as provided herein, Tenant will
yield up the premises to the landlord without further notice
in as good condition as when the same were entered upon by the
Tenant, loss by ordinary wear excepted.
4. The said Tenant shall permit the Landlord to have
free access to the premises hereby leased for the purpose of
examining the same, or to make any needful repairs or altera-
tions of such premises, which said Landlord may see fit to
make.
5. It is Further Agreed by the said Tenant that neither
Tenant nor Tenant's legal representatives will sublet said
premises or any part thereof, or assign this Lease, or make
any alterations, amendments or additions to the buildings on
said premises, without the written consent of the Landlord had
thereto, and that neither Tenant nor Tenant's legal represen-
tatives will use said premises for any purpose calculated to
injure or deface the same, or to injure the reputation or
credit of the premises for any purpose calculated to injure or
deface the same, or to injure the reputation or credit of the
premises or of the neighborhood.
6. It is Further Agreed that the Tenant shall keep said
premises in a clean and safe condition, in accordance with the
ordinances and regulations of the County of. Eagle, and the
directions of the Eagle County Department of Public Works, and
all rules, regulations, ordinances, laws or statutes of the
Federal Aviation Administration and any governmental body.
7. Tenant shall coordinate with Eagle Telecommunica-
tions Inc./Eagle with regard to the placement of phone equipment
on the Eagle beacon.
8. Landlord shall pay all electrical power costs to run
the beacon and KEYQ translators up to $10.00 per month addi-
tional cost. Any cost in excess of $10.00 per month shall be
billed to and paid by Tenant.
.9. Tenant agrees to repair, renovate and maintain the
existing building for its use and for use by the. County for
minor storage purposes.
10. Tenant agrees to install a power switch with a
six -breaker capacity. Further, there shall be one breaker for
the Eagle County beacon and equipment and whatever is needed
by KEYQ, but leaving at least two spots for other users.
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11. Tenant agrees to provide its own liability insurance
and workman's compensation and further agrees to indemnify and
hold harmless the County, its agents and employees for any and
all damage to equipment or personnel and from any action or
claim arising from the installation or operation of the
equipment.
12. It is understood that the access road on the Bureau
of Land Management is a four-wheel drive road in good weather
and shall be maintained as such. Further, said road may be
impassable during inclement weather. During winter months,
said road will not be plowed.
13. KEYQ must obtain its own access easement to the
Bureau of Land Management road mentioned in Paragraph 12
hereinabove.
14. In the event of any damage to the Landlord's Eagle
beacon arising from the installation and/or operation of
Tenant's equipment, Tenant agrees that Tenant is solely
responsible for the prompt repair of any damage so caused.
15. Should any conflicts be cause by KEYQ equipment with
the electronics or communications equipment at or for the
Eagle County Airport, Tenant agrees to immediately disconnect
all KEYQ equipment installed at the Eagle beacon.
16. And it is Further Expressly Agreed between the
parties, that if default shall be made in the payment of the
rent above reserved, or any part thereof, or in any of the
covenants or agreements herein contained to be kept by the
Tenant or Tenant's heir, executors, administrators or assigns,
it shall be lawful for Landlord or Landlord's legal represen-
tatives to re-enter into and upon said premises, or any part
thereof, either with or without process of law, and repossess
the same, and to distrain for any rent that may be due thereon,
at the election of said Landlord; and in order to enforce a
forfeiture for non-payment of rent, it shall not be necessary
to make a demand on the same day the rent shall become due,
but a demand and refusal or failure to pay at any time on the
same day, or at any time on any subsequent day, shall be
sufficient; and after such default shall be made, the Tenant,
and all persons in possession under Tenant, shall be deemed
guilty of forcible detainer of said premises under the
statute.
IN WITNESS WHEREOF the parties hereto have set their
hands and seals the day and year first above written.
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LANDLORD:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
*
ATTEST: U BOARD COUNTY COMMISSIONERS
-6� By.
Clerk
Richard staf
Chairman
County Commissioners
ATTEST:
� NJ 10 � //- � - �-�
- , Secretary
STATE OF
County of
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KA,,
JOYCE COMMUNICATIONS, INC.,
ss
Subscribed and sworn to before me this )4�1 day of
1987, by Robert J. Joyce as President and
E,ojmc,, as Secretary of Joyce
Communications, Inc., a 9 J. �
,,,.�n±e corporation, d/b/a KEYQ.
WITNESS my hand and official seal.
My Commission Expires:
Nojrblic
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