HomeMy WebLinkAboutC87-203 Tie Down Lease with David KunkelC87-203-17
AGREEMENT FOR LEASE OF TIE -DOWN SPACE
EAGLE COUNTY AIRPORT
THIS LEASE AGREEMENT is made and entered into this day
of ( G67tih e," 19871 by and between the COUNTY OF EAGLE,
STATE F COLORADO, a body corporate and politic, by and through its
OF CO Y COMMISSIONERS, herein referred to as the "Lessor,"
and hereinafter referred to as
the "Lessee."
W I T N E S S E T H:
WHEREAS, Lessor is the owner of an airport known as the
Eagle County Airport situate in the County of Eagle, State of
Colorado, herein referred to as the "Airport."
WHEREAS, the Lessor, pursuant to §§30-11-107(1)(J),
41-4-101, 41-4-106 and 41-4-112, C.R.S., has the authority with
respect to the operation of said airport to lease and/or rent spaces
for,the purpose of providing aircraft tie -down spaces to individuals
and/or entities and to exact the require fees therefor.
WHEREAS, said leasing is declared to be a public_
governmental function, exercised for a public purpose, and is
declared a matter of public necessity.
WHEREAS, Lessee is desirous of leasing and/or renting a
tie -down space at said airport.
NOW THEREFORE, for and in consideration of the mutual
covenants, conditions and promises contained herein, the parties
hereto agree as follows:
SECTION ONE
TIE- DOWN SPACE
Lessor grants Lessee the exclusive use of that portion of
the airport premises described as follows: Space No. /0 , together
with any and all improvements currently on said space used for tying
down aircraft, i.e., chains, chocks, etc.
SECTION TWO
TERM
Subject to earlier termination hereinafter provided, the
initial term of this agreement shall be the period commencing on
May 1, 1987, and ending on April 30, 1988 subject, however, to the
option hereby granted by Lessor to Lessee to renew this agreement for
additional terms subject to the terms, conditions, rentals, fees, and
charges as they currently exist on the date of said renewal. Lessee
shall notify Lessor in writing of Lessee's intention to exercise the
renewal option and make payment of the next year's rental not less
than ten (10) days before the expiration of the initial term thereof.
SECTION THREE
RENTALS
Lessee agrees to pay Lessor for the use of the premises,
equipment, rights, services and privileges granted hereunder rentals
and charges according to the following schedule:
For the exclusive use of the tie -down space referred to
hereinabove the sum of THREE HUNDRED SIXTY DOLLARS ($360.00) due and
payable upon execution of this lease, and prior to each and every
renewal.
SECTION FOUR
INFORMATION
Lessee shall furnish the following information:.
Description of planes: eels^A 7-Rf&Z /171
1161, k.) -1 IA5 _1 C' S G U �►
Registered owner:s� y f,. »erg Tn c_..
Home Phone: COOS
Place of employment/business phone:,Z.g' -7 7,2-q
Aircraft insurance/ company insuring lelessee:'_WQ-�n ovF� Grv�i
A dress of insurance co pang:
�,,,,e, co (30 _-7S� �G�c�
Lessee covenants and agr s to notify Lessor in writing
within ten (10) days of any change in the information furnished
herein.
SECTION FIVE
EQUIPMENT FOR TIE -DOWN SPACES
Lessor agrees to furnish the following equipment: Three (3)
tie -down chains and one (1) set of chocks.
Lessee agrees to accept such equipment located on the leased
premises on an "as is" basis; further, Lessor hereby disclaims, and
Lessee accepts such disclaimer of, any warranty, either expressed or
implied, of the condition, use or fitness of such equipment provided
by the Lessor, and Lessee assumes full responsibility to furnish any
additional equipment necessary to properly secure its aircraft.
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Lessee accepts and recognizes that it or its agent is
responsible for taking all necessary steps to insure the safety of
Lessee's aircraft while tied -down, including, but not limited to,
placing chocks and tying down and checking of Lessee's own aircraft.
The parking brakes shall not be set, so that the aircraft may be
moved by Lessor, its agents, servants and employees.
SECTION SIX
DEPOSIT
Lessee has deposited with Lessor FIFTY DOLLARS ($50.00) as a
security deposit for th faithful performance of and compliance with
all the terms and conditions of this lease. Should Lessee fail to
comply with each and every term and condition of this lease
agreement, or if Lessee damages the leased premises and/or equipment
furnished by Lessor to Lessee, then the amount deposited as security
may, at the option of the Lessor, be retained by Lessor as fixed,
liquidated, and agreed damages for payment of disbursement, costs,
and expenses that Lessor may incur in restoring and repairing said
leased premises and/or equipment. The retention and holding of the
security deposit for the payment of such costs, disbursements, and
expenses shall not in any manner release Lessee from any of the
obligations herein assumed. All rights of Lessor to the deposited
funds or securities shall be in addition to the right of .Lessor to
pursue any and all legal remedies available in the event said
deposited funds or securities are insufficient to cover the payment
of disbursements, costs, and expenses that Lessor incurs by reason of
the damages caused by Lessee; to enforce payment of any amount due;
and to all other rights to which Lessor may be entitled under this
lease agreement.
If all terms and conditions are fully complied with by
Lessee, then the security deposit shall be returned to Lessee on
surrender of the premises in a good state and condition, reasonable
use and wear thereof excepted, at the termination of this lease
agreement.
SECTION SEVEN
RESTRICTIONS ON USE OF OTHER TIE -DOWN SPACES
Lessee shall not, at any time, tie -down or park its aircraft
or otherwise use any other tie -down spaces except the exclusive
tie -down space leased to Lessee hereinabove. In the event Lessee
utilizes an unauthorized tie -down space, Lessor, by and through its
designated representative, shall tow Lessee's aircraft from said
space and charge Lessee a towing fee in the amount of TWENTY-FIVE
DOLLARS ($25.00).
Notwithstanding the above, if Lessee is unable to tie -down
or park its aircraft or otherwise use its exclusive tie -down space
through no fault of its own and by reason that Lessee's exclusive
tie -down space is otherwise being occupied by an unauthorized
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aircraft, Lessee shall have the right to tie -down its aircraft in an
unoccupied tie -down space and shall notify the Lessor without
unreasonable delay of the circumstances surrounding Lessee parking
and/or otherwise using a tie -down space other than Lessee's exclusive
tie -down space. In such event, Lessor, shall waive and shall not
charge the Lessee a towing fee in the amount of TWENTY-FIVE DOLLARS
($25.00) referred to in the paragraph next above.
SECTION EIGHT
RIGHT OF INGRESS AND EGRESS
Lessee shall have at all times the full and free right of
ingress to and egress form the leased premises and equipment referred
to herein for Lessee, its employees, customers, passengers, guests,
and other invitees.
SECTION NINE
PAYMENTS
All payments, charges and fees due and payable under this
lease agreement shall be payable to the order of the EAGLE COUNTY
TREASURER, and shall be submitted and/or delivered to PUBLIC WORKS
DEPARTMENT, P.O. Box 850, Eagle, Colorado 81631, Attention: Dan
'Revnolds, Airport Manager
SECTION TEN
ASSIGNMENT
Lessee shall not assign, sublet, sell or transfer Lessee's
rights under this lease agreement without prior written consent of
the Lessor. Subject to the foregoing, this lease agreement inures to
the benefit of, and is binding on, the heirs, legal representatives,
successors, and assigns of the parties hereto.
SECTION ELEVEN
LIABILITY
Lessee covenants and agrees that it will not hold Lessor or
any of its agents, officers, employees, or airport commission members
responsible for any loss occasioned by fire, theft, rain, windstorm,
hail, or from any other cause whatsoever, whether said cause be the
direct, indirect or merely a contributing factor in producing the
loss to any airplane, automobile, personal property, parts or surplus
that may be located on or about the tie -down spaces.
SECTION TWELVE
RISK OF LOSS
Lessee agrees that any aircraft and the contents therein
which are tied -down pursuant to this lease agreement are at Lessee's
sole risk.
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SECTION THIRTEEN
INDEMNIFICATION OF LESSOR
Lessee agrees to indemnify, defend and save Lessor, its
agents, officers, representatives, and employees, harmless from and
against any and all liability or loss including personal injury
resulting from claims or court action arising directly or indirectly
out of the activities of Lessee, its agents, servants, guests or
business visitors under this lease agreement, or by reason of any act
or omission of such person.
SECTION FOURTEEN
LIEN
Lessee hereby gives and grants to Lessor a lien upon, and
hereby hypothecates to Lessor, all fixtures, chattels, and personal
property of every kind and description now or hereafter to be placed,
installed or stored by Lessee, at the airport. In the event of any
failure on the part of Lessee to comply with each and every one of
the covenants and obligations hereof, or in the event of -any default
continuing for thirty (30) days of any specified rent, Lessor shall
notify the Lessee in writing of such breach and/or default of the
provisions of this agreement. In the event Lessee does not cure such
default and/or breach within thirty (30) days from the receipt of
such default and/or breach within thirty (30) days from the receipt
of such notification from Lessor, Lessor shall have the right to take
possession of and sell all fixtures, chattels, and personal property
of every kind and description now or hereafter placed, installed or
stored by Lessee at the airport in any manner provided by law and may
credit the net proceeds upon any indebtedness due, or damage
sustained by Lessor, without prejudice to further claims thereafter
to arise under the terms thereof.
SECTION FIFTEEN
RULES AND REGULATIONS
Lessee agrees to observe and obey reasonable rules and
regulations, including the Eagle County Airport Rules and Regulations
originally adopted October 4, 1982, as amended, with respect to use
of the premises; provided, however, that such rules and regulations
shall be consistent with safety and with rules and 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 lease 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.
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SECTION SI%TEEN
SURRENDER OF POSSESSION
On the expiration or termination of this lease agreement,
Lessee's right to use of the leased premises, equipment and services
described herein shall cease, and Lessee shall vacate the premises
without unreasonable delay. The Lessee shall be responsible to put
the premises and equipment back to their original condition.
Depreciation and wear from ordinary use for the purpose for which the
leased premises were let need not be restored, but any repair for
which the Lessee is responsible shall be completed to the latest
practical date prior to such surrender.
Should Lessee fail to remove Lessee's aircraft or other
property from the leased premises upon the termination of this lease,
Lessee agrees to pay the sum of NINETY DOLLARS ($90.00) per month as
rent of a holdover tenant until the airplane and the other property
of the Lessee are removed from the formerly leased premises. For
purposes of this provision, the rent shall not be prorated and any
period up to and including thirty (30) days shall be deemed to be a
month.
Lessee further agrees to pay reasonable attorney fees at a
rate of $75.00 per hour for collection of aforesaid holdover rent or
to compel removal of Lessee's aircraft or property from the premises
after the termination of the lease.
SECTION SEVENTEEN
INCREASED FEES
Lessor may increase or decrease the rent charged herein upon
ten (10) days prior written notice to Lessee.
SECTION EIGHTEEN
INSPECTION
Lessor shall have the right to enter said leased premises at
any time for inspection or to make repairs, additions or alterations
as may be necessary for the safety, improvement, or preservation of
the leased premises.
SECTION NINETEEN
TERMINATION BY LESSOR
Lessor shall have the right to terminate this lease
agreement at any time with or without cause on delivery of written
notice to the Lessee at its last known address and upon refunding to
Lessee a prorated amount of the charges heretofore provided for the
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unexpired portion of the term following the date of such ,.
termination. In the event that such termination is without cause and
Lessor has available other suitable tie -down spaces, Lessee shall
have the right to enter into a lease agreement for same.
SECTION TWENTY
TERMINATION BY LESSEE
This agreement may be terminated by Lessee provided that the
rent for the tie -down space to the date of such termination has been
paid in full to Lessor, and provided further that Lessee gives Lessor
at least ten (10) days written notice of its intention to terminate.
If the term of this lease agreement is on an annual basis, the
prorated amount to be refunded shall be calculated on a monthly
basis.
SECTION TWENTY-ONE
ADDITIONAL CONDITIONS
A. Whenever any notice of payment is required by this
lease to be made, given or transmitted to the parties hereto, unless
otherwise specified herein, such notice or payment shall.be deemed to
have been given upon the mailing of said notice or payment by, United
States Certified, first class mail, postage prepaid, and addressed to
the parties at the respective addresses as shall appear herein or
upon a change of address pursuant to this notice provision.
B. This lease 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.
C. All amendments to this lease must be in writing by
mutual agreement of the parties and no oral amendments shall be of
any force or effect whatsoever.
IN WITNESS WHEREOF, the parties have executed this lease
agreement at , the day and year first above written.
LESSOR:
COUNTY OF AGLE, STATE OF COLORADO/
Daniel Reynolds, Afrport Manager
P.O. Box 850/Eagle, CO 51631
(303) 328-7311, Ext. 234
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LESSEE:��
Address: l OX -2-0
Te 1 ephone : - 3 --7
