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HomeMy WebLinkAboutC88-105 Airport Facilities Lease Bill Duddy and Gene LanhamC88-105-17 6(T -his Lease, made and entered into this day of Mn��T the Board of County . Commissioners, _f 1988, by and between U County of Eagle, State of Colorado, hereinafter referred to as the "Lessor" and Bill Duddy and Gene Lanham, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS,the Lessor is the Colorado, acting by and through sioners, duly authorized by la, property known as the Eagle County to as the "Airport"; and County of Eagle, State of its Board of County Commis- q to administer and govern the Airport, hereinafter referred 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 agreement; 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 there. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereto agree as follows: SECTION ONE USE OF AIRPORT SECTION TWO NON-EXCLUSIVE GROUND SPACE SECTION THREE EXCLUSIVE HANGAR SPACE Lessor grants Lessee the exclusive use of the space cont ained 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. SECTION FIVE TERM SECTION SIX RENTALS AND CHARGES Lessee agrees to pay Lessor for the use of the premises, facilities, right services, and privileges granted hereunder, rentals and charges according to the following schedule: A. For the use of the hangar area and non-exclusive use ground Space, Lessee hereby covenants and agrees to pay Lessor as rent for said Demised Premises at Eagle, Colorado at the base rate of $0.125 per square foot of land . for purposes of this lease, this parcel is agreed to contain 4,316 square feet, which C11 said sum shall be paid in equal annual installment to be paid upon all subsequent annual installments the anniversary of the initial hereafter (the "base -rent'!). annual installments, the first execution of this lease and shall be due and payable on payment each and every year B. CPI Indexing: The base rent as defined in paragraph (A) next above shall be adjusted on an annual basis beginning with October of the year next following execution of the lease by the parties hereto, and then again in October of each respective year this lease remains in effect and during any renewals thereof. The base rent shall be indexed as follows: (1) The "Base Month" and the denominator shall be October 1, 1987; B. 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 similarly situated as from time to time determined by the Lessor. SECTION SEVEN 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 EIGHT TAXES AND ASSESSMENTS Lessee agrees to pay all personal property assessments, general and special and all other impositions, ordinary and extraordinary of every kind and nature whatsoever, levied or assessed uDon the airplane hangar building described in Exhibit "A" or any part thereof or upon any of the building or improve- ments at any time situated thereon. SECTION NINE MAINTENANCE AND UTILITIES Lessee shall provide for and supply at its sole expense all janitor services with respect to the building described in Exhibit "A" 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 nonexclusive 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 TEN OPTION TO LEASE ADDITIONAL SPACE No option is granted to lease additional space. SECTION ELEVEN RULES AND REGULATIONS SECTION TWELVE DAMAGE TO OR DESTRUCTION OF HANGAR If the hangar is partially damaged by fire, the elements, the public enemy, or other casualty F such hangar shall be . 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 hereJn during the L period that the same are so untenantable or unusable. SECTION THIRTEEN INSURANCE Lessee shall procure and maintain in force insurance covering the exclusively leased premises and Lessee's activities 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 one hundred fifty thousand dollars per person and four hundred thousand dollars per incident and four hundred thousand dollars property damage. SECTION FOURTEEN INDEMNIFTCATICN OF LESSOR Lessee agrees to indemnify and hold harmless the Lessor, the Board of County commissioners, the individual members thereof, commissions and/or agencies off the county, its officials, agents servants, and/or employees, from any and all claims, demands, charges, action, costs and expenses of any nature in any manner arising fro.m: A. Lessee's airport operations hereunder; or B. The operations of any person or corporation acting by, through or under Lessee or any or 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 otherwise, 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 FIFTEEN TERMINATION BY LESSEE SECTION SIXTEEN TERMINATION BY LESSOR The said Lessee hereby waives any demand for the possession A. To deliver or cause to be delivered a copy of such declaration, demand, document, paper or notice to the Lessee, or B. To send or cause to be sent a copy of any such declare- demand, document, paper or noilce by registered or certified mail, postage —repaid, properly addressed to the Lessee .e - 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 SEVENTEEN 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 Lessees rights to use of the Dremises, facilities, and services described herein shall cease, and Lessee shall vacate the Premises without unreasonable delay. SECTION EIGHTEEN INSPECTION BY LESSOR During the term hereof, the Lessor shall have the right to inspect said premises either by its Commissioners or designated em-oloyeeS at any and all reasonable times upon adequate prior notification to Lessee . SECTION NINETEEN ASSIGNMENT AND SUBLETTING SECTION TWENTY 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-TWO NATIONAL EMERGENCY SECTION TWENTY-THREE F.A.A. AND AIRPORT INSTRUMENTS The Federal Aviation Administration and Lessor are hereby granted -IL-he right and privilege by Lessee to place on and around the above described premises without costs to the Lessor, whatever instruments and equipment do not interfere with the intended use of the premises by the Lessee. SECTION TWENTY-FOUR AERIAL APPROACH SECTION TWENTY-FIVE SUBORDINATION This lease shall be subordinate to the provisions of any existing or future agreement between the Lessor and the United States, relat-ive to the operation or mai�ntenance of the Airport, the execution of which has been or may be required as condition precedent to the expenditure of federal funds for the development of the Airport. SECTION TWENTY-SIX RESERVATIONS) OF COUNTY County or the United Sates or of of said governments, shall have the right to enforce judicially this Section. SECTION TWENTY-SEVEN ADDITIONAL CONDITIONS D. The lease for commercial use. conduct any comme compliance with the Activities. is for use as a private hangar only and not A lease amendment would be required to rcial activity in the hangar as well as minimum standards for Commercial Aeronautical-, G 0 G. Said Lessee further covenants and agrees that the Lessee will save harmless said Lessor at all times during the cont inua- tion of this lease from all damages, claims, fines, penalties, costs and expenses whatsoever which may result from any Workman's compensation claim. H. 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 prepaid, to the party for whom intended at the address set .forth below: Gene Lanham P.O. Box 61 Avon, Colorado Commissioners Colorado 81631 R. Fritze Either Party may change its address by written notice to the other partly. 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. 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 additional services, the considerations to be so negotiated. However, C11 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 Lessees sole use and benefit. M. The Lessee for himself, his personal representatives, successors in interest, and assigns, as a part of the considera- tion 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 be otherwise subjected to -discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds or race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; Lessee shall make its accommodation and/or services available to the pu:bl--'Lc on fair and reasonable terms without unjust discrimination on the basis of race, color, religion, sex, age or national origin. Iv Count--y Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through its Board of County commissioners By: , I , A. STATE OF COLORADO ss County of Eaale Mountain Flying Service, Inc. 51310 Eagle County Airport P.O. Box 246 Gypsum, Colo. 81637 JOHN R. OLESON, Pres. & Chief Pilot (303) 524-7575 (303) 328-7756 9/10/�7 . Eagin counter co-nissioners P.O. Pox 1.50 Ea mle Co. d11531 Dear Sirs, ountain 71--in-: Service has sold its old hen-pr to "r. Pill 0-id, tv ?nd 'r. ^ene Lan !-a-i and i,rould li'lce to ,odj'fvr its 7"RO lRpsri accori_Jnr!1l­r. 39elm,! is a dia-ra' -- end . le -al d scri-ction _- o t'ie a-ea. -7 S 9q -57- 1 41,90 - 00 -oo E ,q,r-,-,3 I 166 165 SRq -- 57-/7F- q14,37 ' 6'A100-60_oo,E 85,73' `!a totol snuare footare of ti-e area 4s 1!-3115.'_71L 7 --r -icli. er--jet-np t to or `!_,!;..'J5/--on o In e r-� ten fro'-' intain 71-krin- 'Priri rOS? lea SP. 7F' u--lent to '7ja­-le -omt7,. 7-,c1nk ,roq f or ­n %,,r con ,7i`rption of -I'-is R11-HOEIVED X-C �)rkqj. To j Oleson -t. ll,?-. "'Pr.