HomeMy WebLinkAboutC88-033 William Hopp Addendum to LeaseADDENDUM TO LEASE AGREEMENT
Between
THE COUNTY OF EAGLE, STATE OF COLORADO
and
WILLIAM C. HOPP
WHEREAS, by Lease Agreement dated April 4, 1988, The County of Eagle,
State of Colorado, ( "Landlord ") leased to William C. Hopp ('Tenant "), certain
property located at the Eagle County Airport, more fully described in said Lease
Agreement; and
WHEREAS, it would be in the best interest of the parties thereto that
certain provisions suggested by the Federal Aviation Administration be
incorporated into said Lease Agreement.
THEREFORE, it is hereby agreed by and between said Landlord and Tenant
that the following provisions be added to and made a part of said Lease
Agreement:
A. Tenant, for himself, his personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and
agree as a covenant running with the land that:
1) 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.
2) Tenant shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regula-
tions, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally Assisted Programs of the Civil Rights
Act of 1964, as said Regulations may be amended. In the event of breach of
any of the above non - discriminatory covenants, Landlord shall have the
right to terminate the lease and to re -enter and repossess said land and the
facilities thereon, and hold the same as if said Lease had never been made
or issued. This provision does not become effective until the procedures of
49 CFR Part 21 are followed and completed, including expiration of appeal
rights.
B. It is understood and agreed that nothing herein contained shall be
construed to grant or authorize the granting of an exclusive right.
C88-33-27
33 27
C. Affirmative Action.
1) Tenant assures that he will undertake an affirmative action
program, as required by 14 CFR Part 152, Subpart E., to ensure that no
person shall, on the ground of race creed, color, national origin, or sex, be
excluded from participating in any employment, contracting, or leasing
activities covered in 14 CFR Part 152, Subpart E. Tenant assures that no
person shall be excluded on these grounds from participating in or receiving
the services or benefits of any program or activity covered by this subpart.
2) Tenant agrees to comply with any affirmative action plan or steps
for equal employment opportunity required by 14 CFR, Part 152, Subpart E,
as part of the affirmative action program or by any Federal, state or local
agency or court, including those resulting from a conciliation agreement, a
consent decree, court order, or similar mechanism. Tenant agrees that state
or local affirmative action plan will be used in lieu of any affirmative action
plan or steps required by 14 CFR Part 152, Subpart E, only when they fully
meet the standards set forth in 14 CFR 152.409. Tenant agrees to obtain a
similar assurance from its sub - lessees' covered organizations, and to cause
them to require a similar assurance of their covered organizations, as
required by 14 CFR Part 152, Subpart E.
D. Landlord reserves the right to further develop or improve the landing
area of the Airport as it sees fit, regardless of the desires or view of the Tenant,
and without interference or hindrance.
E. Landlord reserves the right to maintain and keep in repair the landing
areas of the Airport and all publicly owned facilities of the Airport, together with
the right to direct and control all activities of Tenant in this regard.
F. During the time of war or national emergency, Landlord shall have the
right to lease the landing area or any part thereof to the United States Govern-
ment for military or naval use, and, if such lease is executed, the provisions of
this instrument insofar as they are inconsistent with the provisions of the lease
to the Government, shall be suspended.
G. Landlord reserves the right to take any action it considers necessary
to protect the aerial approaches of the Airport against obstruction, together with
the right to prevent Tenant from erecting, or permitting to be erected, any
building or other structure on or adjacent to the Airport which, in the opinion of
the County, would limit the usefulness of the Airport or constitute a hazard to
aircraft.
H. This Lease shall be subordinate to the provisions of any existing or
future agreement between Landlord 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.
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■
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
this & day of April, 1988.
County Commissioners
THE COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its Board of
County Commissioners
By.
George A. 6ates, Chairman
P.O. Box 850
Eagle, Colorado 81631
(303) 328 -7311
TENANT:
(,c1
William C. Hopp
P.O Box 1466
Avon, Colorado 81620
(303) 926 -3203
-3-
C88 -33 -27
LEASE AGREEMENT
THIS AGREEMENT, made this `t day
of 1988, between t e Counfy of Eagle,
State bf Colorado, (hereinafter called "Landlord "), and William
C. Hopp, hereinafter called "Tenant ").
WITNESSETH, that said Landlord does hereby lease to
said Tenant, the property as described in Exhibit A attached
hereto, and by this reference made a part hereof. All property
being situated in the County of Eagle, State of Colorado, shall
be used only for hay production or to pasture cattle, horses,
and /or sheep. There shall be a limit of no more than one horse
or cow, or seven sheep, per two acres of property. Tenant shall
provide feed for the animals except that fall pasture shall be
included in the lease. It is Tenant's responsibility to
irrigate the pasture. Tenant is responsible for confining
animals in his care within the leased area, and for ensuring
that said animals do not impact adjoining property. Tenant will
repair fences and irrigation ditches at his or her own expense.
Tenant shall insure no animal enters onto the runways at the
Eagle County Airport.
LEASE TERM shall be for one year beginning on the 1st
day of April, 1988, and ending on the 31st day of March, 1989.
And the Tenant agrees to pay as rent for the said
premises the sum of $137.50 dollars per month payable in advance
on the 15th of each month, or $1,650.00 per year. Tenant shall
also pay 20a of gross revenues from any and all hay operations,
such percentage becoming due and payable by October 15, 1988.
Checks shall be made payable to the Eagle County Treasurer and
mailed to the Department of Public Works, P.O. Box 850, Eagle,
Colorado 81631.
And the Tenant covenants with the Landlord that at the
expiration of the term of this lease, Tenant will yield up the
premises to the Landlord without further notice in as good or
better condition as when the same were entered upon by the
Tenant with loss of ordinary wear excepted. Landlord will pay
all assessments that shall be levied upon said premises during
the term for Water Tax or Water Charges. All other utilities
are the responsibility of the Tenant.
And said Tenant shall permit the Landlord to have free
access to the premises hereby leased for the purpose of
examining or exhibiting the same, or to make any needful repairs
or alterations of such premises, which Landlord may see fit to
make. Tenant shall allow to have placed upon said premises, at
all times, notices of "For Sale" or "To Rent ", and will not
interfere with the same.
0- 0
It is further agreed by the said Tenant that neither
Tenant or Tenant's legal representative 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. Neither
Tenant nor Tenant's legal representative will use said 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. Tenant will not use the property for any purposes
except those expressly permitted. Under no circumstances is the
Tenant permitted to use the property for storage of equipment or
waste items.
Tenant uses the property at his or her own risk and the
County assumes no liability for damage to the Tenant or Tenant's
property.
It is further agreed that the Tenant shall keep said
premises in a clean and healthy condition in accordance with the
ordinances of Eagle County and the directions of the Board of
Health, and Public Works, and all rules, regulations,
ordinances, laws or statutes of any governmental body.
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 failure in any of the
covenants or agreements herein contained to be kept by the
Tenant or Tenant's heirs, executors, administrators, or assigns,
it shall re -enter not upon said premises, or any part thereof,
either with or without process of law, and repossess the same,
and to distrain from any rent that may be due thereon, at the
election of said Landlord. In order to enforce a forfeiture or
nonpayment 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.
Tenant shall maintain insurance acceptable to the Board
of County Commissioners and shall provide a Certificate of
Insurance upon request.
Landlord retains the right to use the property for any
purpose not inconsistent with the rights granted to the Tenant
herein.
Tenant agrees to indemnify and hold the County harmless
in case of any claim or lawsuit arising out of the action or
activity of the Tenant.
IN WITNESS WHEREOF, the parties have hereunto set their
hand and seals, the day and year first above written.
LANDLORD
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Ge6kgeA. Gates, Chairman
P.O. Box 850
Eagle, Colorado 81631
TENANT
William C. Hopp
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Telephone: 2ZL- 3.2-o3
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