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HomeMy WebLinkAboutC90-078�h F -.AGLE COUNTY REGIONAL AIRPORT FACILITIES LEASE HA1V' GA R THIS LEASFA is made and entered into this of — day 1990, by and between the Board of County Commis Toners of Eagle County, hereinafter referred to as the "Lessor ", and hereinafter referred to as "Lessee ". ge� CBS WITNEBSETH: o S WHEREAS, the Lessor duly authorized by law to administer and govern the property known as the Eagle County Regional Airport; A & and WHEREAS, Lessor is willing to lease to Lessee a parcel within the airport together with such rights and privileges as are set W forth in thi's agreement; and WHEREAS, the Lessee is desirous of leasing said parcel within the Airport for the purpose of erecting an airplane hangar thereupon. En ,4� NOW, THEREFORE, for and in consideration of the mutual o convenants contained herein, the parties hereto do hereby agree o as-follows: �q J O to U SECTION ONE USE OF AIRPORT En Lessee is granted the use, in common with others similarly rev authorized, of'the Airport, together with all facilities, M> equipment, improvements, and services which have been or may F hereafter be provided at or in connection with the airport from °Z) time to time including, but not limited to, the landing field and 'L) any extensions thereof or additions thereto, roadways, aprons, �W taxiways, sewage and water facilities, floodlights, landing lights, beacons, control tower, signals, radio aids, and all a ¢ other conveniences for flying, landings takeoffs. W SECTION TWO 0j CL NON- EXCLUSIVE GROUND SPACE H J Lessor grants Lessee the non - exclusive use of that portion of * z the airport premises described on the attached Exhibit A (the * u Demised Prerf;ises ) for use of a hangar together with rar-p and MW turn- around space to be contained within the perimeter :Joundaries as described. on Exhibit A. N W En Z fl) Z fl) Z -t 0 %t 11 —1— C90 -78 -1 SECTION THREE EXCLUSIVE HANGAR SPACE Lessor grants Lessee the exclusive use of the space contained within the property described on Exhibit A upon which the aforesaid hangar has been constructed. When said hangar is constructed, the exterior perimeter boundaries of the hangar walls shall be surveyed at the expense of Lessee and said survey description shall be appended hereto as Exhibit A -1. Lessee shall use said Exhibit A -1 space for the purpose of storing and maintaining aircraft and purposes reasonably incidental thereto, excluding uses for commercial change in purpose shall be only with the consent of the Lessor�y CA and upon the terms described by the Lessor. Lessor may, at its expense, make such exterior alterations o in the improvements as it shall desire as long as the hangar Qj continues to meet the specifications contained herein, but shall first obtain the written consent of the Lessor, which shall not u be unreasonably withheld. SECTION FOUR r�j PARKING SPACE .. Lessee shall provide adequate Demised Premises for the use of Lessee's g spaces upon the Automobile guests and invitees. parking on the non - exclusive ground space shall be only in areas approved by the Airport Manager or Chief s+ Administrative Officer. If the Lessee, at any time during the „j duration of this lease, cannot provide adequate parking upon the Demised Premises, Lessee shall make arrangements with the Lessor for adequate parking located near the terminal building or such other reasonable location as ma y be designated the use of Lessee's by the Lessor for i guests and invitees. At such time arrangements for adequate parking are made between the Lessor P- and Lessee, Lessor has the right to increase the rent in proportion to the additional area utilized by the Lessee for the I purpose of providing adequate parking. 0i SECTION FIVE L — RIGHT -OF INGRESS AND EGRESS r >> 4 Lessee shall have at all times the full and free right of ingress to and egress from the to herein for Lessee his premises and facilities referred guests, and other invitees. Such right shall also extend to persons or organizations supplying materials or furnishing services to Lessee, to include vehicles, machinery, and equipment reasonably required by such persons or organizations. -2- i SECTION SIX TERM Subject to earlier termination as hereinafter provided, the initial term of this agreement shall be the period of twenty -five years commencing on Auq(ACI+ 1990 and ending on �� (� �� 202015 SECTION SEVEN RENTALS AND CHARGES Lessee agrees to pay Lessor for the use of the premises, facilities, rights, 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 $0.13 per square foot of land (Exhibit A property), for purposes of this lease, this parcel is agreed to contain 10,440 square feet (180' x 58'), which said sum shall be paid in equal annual installments, the first annual installment to be paid upon execution of this lease and all subsequent L° annual installments shall be due and 0 anniversary ea rl ch .ary of the initial payable on the M hereafter (the- "base rent"). ch and every year CL b. CPI Indexing: The base rent as defined in paragraph (a) next above shall,be adjusted on an annual basis rEn beginning with August of the year next following execution of this lease by the parties hereto, and then ri again in August of each respective year this lease remains in effect and during any renewals thereof. The CA base rent shall be indexed as follows: a (i) The "Base Month" and the denominator shall be W (month and year of lease execution); (ii) The "Anniversary Month" and the numerator shall be the month of (month of lease election) of each W! respective year; [L (iii) The index shall be the Consumer Price Index, All Urban Consumers (CPI -U), U.S. City Average, All Items i (1982 -84 =100), published monthly by the U.S. Bureau of m Labor Statistics. (iv) The "Anniversary Charge" shall be determined by multiplying the base rent times a fraction, the t numerator being the particular Anniversary Month index and the Denominator being the Base Month index. -3- m 0 st 0 Cu En qq M m r�s i u P �7 K to r� r� st It •; • C. For the use of other Airport facilities (landing and takeoff fees, etc.), Lessee shall pay the Lessor or it 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 EIGHT NO ADDITIONAL CHARGES OR FEES No charges, fees, or tolls, other than those expressly provided for herein, shall be charged or collected by Lessor from Lessee or any other persons for the privilege of entering or leaving the Airport or, within the limits of the Airport, for the privilege of transporting, loading, unloading, or handling persons, cargo, or property, in connection with Lessees business. SECTION NINE RIGHTS AND PRIVILEGES In its use of the Airport and related facilities, Lessee is granted the rights and privileges accorded the all other Leases of Airport space and users of the Airport facilities similarly situated as from time to time determined by the Lessor. SECTION TEN TAXES AND ASSESSMENTS Lessee agrees to and with the Lessor that the Lessee will pay all real and personal property assessments, general and special and all other impositions, ordinary and extraordinary of every kind and nature whatsoever, levied or assessed upon the Exhibit A -1 property or any part hereof or upon any of the building or improvements at any time situated thereon. SECTION ELEVEN MAINTENANCE AND UTILITIES Lessee shall provide for and supply at its expense all janitor service with respect to the Exhibit A -1 property 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 reasonably non - exclusive easements as are necessary to provide utilities to the hangar. -4- Ch LL 0 0 ED u m r•� as m U3 v IS t4 i LL r U7 iT m r� r >> 4 4 Li During the term of this lease and any renewal thereof, Lessee shall maintain the hangar in good repair according to the standards established by the Lessor for similar buildings and premises under Lessor's control at the Eagle County Regional Airport. SECTION TWELVE OPTION TO LEASE ADDITIONAL SPACE No option is granted to lease additional space. SECTION THIRTEEN RULES AND REGULATIONS Lessee agrees to observe and obey reasonable rules and regulations with respect to use of the premises; provided, however, that such rules and regulations shall be consistent with safety and with rules, regulations, and orders of the Federal Aviation Administration with respect to the operation of Lessee's aircraft at the Airport. SECTION FOURTEEN DAMAGE OR DESTRUCTION OF HANGAR If the hangar is partially damaged by fire, the elements, the public enemy, or other casualty, such hangar shall be repaired with due diligence by Lessee at its own cost and expense. If the damage is so extensive as to render such hangar untenantable, but capable of being repaired in ninety days, the hangar shall be repaired with due diligence by Lessee at its own cost expense, and the rent payable hereunder with respect to Lessee's exclusive space in such hangar shall be proportionately paid up to the time such damage and shall thenceforth cease until such time as the hangar shall be fully restored. If such hangar is-completely destroyed or is so damaged that it will remain untenantable for more than ninety days, Lessee shall repair or reconstruct the hangar with due diligence at its own cost and expense, rent for that hangar to be adjusted as set forth above. In the event that the Airport is rendered untenantable or unusable there shall be reasonable and proportionate abatement of —the rentals, fees, and charges provided for herein during the period that the same are so untenantable or unusable. -5- a M 0 Q7 C7 IL ea r•� m w 0 i u r psi m r7 07 i d 4 • SECTION FIFTEEN INSURANCE • Lessee shall procure and maintain in force insurance covering the exclusively leased premises and Lessee's activities therein in minimum amounts as follows: a. The full market value of all airplanes in the hangar. b. Public liability insurance in a reasonable amount as determined from time to time by the Lessor and Lessee no less than $150,000 per person and $400,000 per occurrence. C. Lessee shall be insured for the full replacement cost of -the hangar and associated improvements with Eagle County to be named as co- insured. The proceeds of any insurance shall be used to repair any damage or destruction to the hangar. Lessor shall be furnished with copies of all insurance policies obtained by Lessee in compliance with their requirement. Lessee agrees to notify Lessor in writing as to any amendment to or cancellation of such policies. SECTION SIXTEEN INDEMNIFICATION OF LESSOR Lessee agrees to indemnify and hold harmless Lessor against all liability for injuries to persons or damage to property caused by Lessee's negligent use of occupancy of the leased premises; provided, however, that Lessee shall not be liable for any injury, damage or loss occasioned by the negligence of Lessor or its agents or employees; and provided further that 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 interest. SECTION SEVENTEEN TERMINATION BY LESSEE I-f Lessor fails to perform any act or acts or render any service required to be performed or rendered by Lessor under the terms of this agreement, and if Lessor fails to remedy any such default in a manner reasonable satisfactory to Lessee within ninety days following receipt from Lessee of written notice to remedy the same, Lessee may elect to terminate this agreement by giving ninety days' written notice to Lessor. a SECTION EIGHTEEN TERMINATION BY LESSOR Lessee agrees that if default made by it in payment of rent when due and if said default continues for more than sixty days, the Lessor may elect to declare this lease forfeited, in which event Lessee shall surrender possession of said Exhibit A premises peacefully to the Lessor. If Lessee shall default in any of the other covenants herein contained and shall continue in such default for a period of ninety days after notice hereof in writing from the Lessor, mailed by certified mail, the Lessor shall have the election to declare this lease forfeited and thereupon the Lessee shall surrender possession of said Demised Premises peacefully. In the event of any such default, in case of any such forfeiture, the leasehold improvements shall become the property of the county. The said Lessee hereby waives any demand for the possession of said premises in the event of the forfeiture of this lease, and agrees that the written notice of default hereinbefore provided may be mailed via certified mail by said Lessor to said Lessee or its legal representatives, or assigns, to such address in the United States as shall have been last furnished in m writing by the Lessee to the Lessor, and the receipt thereof acknowledged by said Lessor, and that, if the lessee shall not �- have so furnished an address as above specified, then such notice may be conspicuous) y posted for thirty consecutive days in the main entrance or in front of the premises demised by this to lease and the giving of such notice in either of the ways "above CL specified shall constitute a good and sufficient notice for the purpose of declaring a default of this lease under the terms and M provisions thereof in all cases whereby the terms of this lease r >> a notice of default is required to be given by.said Lessor. It ri is mutually convenanted and agreed by and between the parties I hereto that if the leasehold estate hereby demised shall be conveyed by mortgage or Trust Deed, or otherwise by said Lessee, 1% and if the Lessor shall be notified in writing of such mortgage or deed of trust, and of the name`and address of the mortgagee Aj or trustee named therein, then so long as such mortgage or deed of trust shall continue in force, notice of the default in the performance of the covenants in this lease contained, of the _ same kind and in the same manner and for the same length of time as is hereby required to be given to said mortgagee or trustee. In every case whereunder any of the provisions of this lease, or in the opinion of the Lessor, or otherwise, it shall be or may 4 become necessary or desirable to make, give or serve any kind or character or for any purpose whatsoever, it shall be sufficient M either (1) to deliver or cause to be delivered a copy of such o1 m r� _Vy V -7- i declaration, ' • laration deman", document, paper or notice to the Lessee, or (2) to send or cause to be sent a copy of any such declaration, demand, document, paper or notice by registered mail, postage prepaid, properly addressed to the Lessee at such address as the Lessee may have heretofore furnished to the Lessor in writing or the declared and express purpose of receiving notices, receipt of which was acknowledged in writing by the Lessor. SECTION NINETEEN SURRENDER OF POSSESSION On the expiration or other termination of this lease, Lessee's rights to use of the premises, facilities, and services described herein shall cease, and Lessee shall vacate the premises without unreasonable delay. Except as otherwise provided in this agreement, the hangar, fixtures, improvements, equipment, and other property bought, installed or erected by Lessee in, on, or about the Airport and premises leased hereunder, including, but not limited to underground storage tanks, pipes, pumps, wires, poles, heating and air conditioning equipment, shall be deemed to become the property of Lessor upon conclusion of the lease term. Any and all other property not removed by Lessee within a thirty day period after the expiration of the lease shall thereupon become I� a part of the land on which it is located and title thereto shall thereupon vest in Lessor. 0 SECTION TWENTY INSPECTION BY LESSOR u During the term hereof, the Lessor shall have the right to inspect said premises either by its Commissioners or designated En employees at any or all reasonable times upon reasonable prior notification of Lessee. r =� r, SECTION TWENTY —ONE En ASSIGNMENT AND SUBLETTING ko Lessee shall not any any time assign its rights under this agreement or any part thereof without the written consent of �+ Lessor which shall not be unreasonably withheld; provided, however, that the foregoing shall not prevent the assignment of such rights -to -any corporation with which Lessee may merge or consolidate, or which may succeed to the business of Lessee or o to another partner or to the United States Government or any r` agency thereof; nor shall Lessee be prevented from subletting a portion but not all of the space in the hangar leased exclusively to Lessee hereunder, to any person, firm, or corporation. No such subletting shall release Lessee from its Aj obligation to pay any and all of the rentals and charges set En forth herein. r =� -8- • . SECTION TWENTY -TWO RIGHT TO MORTGAGE Lessee shall have the right to mortgage or otherwise encumber the improvements constructed by it on said premises upon consent of the County. Such consent shall not be unreasonably held. SECTION TWENTY -THREE COSTS OF LITIGATION Lessee covenants and agrees to and with the Lessor that in case the Lessor shall, without any default on its part, be made a party to any litigation commenced by or against the said Lessee with respect to the Exhibit A -1 premises or improvements thereon, then the Lessee shall and will pay all costs in connection with such litigation and that said Lessee shall pay all costs and reasonable attorneys' fees which may be incurred by said Lessor in enforcing the covenants and agreements of this lease and all such reasonable costs and attorneys' fees when paid by said Lessor shall become at once a first and valid lien upon Lessee's interest in the buildings and improvements upon Ch said premises and upon the leasehold estate hereby created. SECTION TWENTY -FOUR 0 NATIONAL EMERGENCY In the event Possession of the Demised Premises and the LL improvements thereon is assumed by the United States of America, or other authorized agency, under any emergency powers, the rent due under this lease shall abate for the period of such 01 possession. in such event the Lessee shall not be responsible for any of the other covenants in this lease until possession by fl) the United'States of America shall terminate. In the further event that Lessee shall be reimbursed by the United States of America or other authorized agency, for its assumption of Cft � possession, then the rental provisions of this lease shall s, remain in effect, but provided further, however, that if said G� reimbursement is less that the amount of rental herein provided, the Lessee shall be required to Q pay to the Lessor only such amount of reimbursement as it shall receive from the United States of America or other authorized agency. i ti u� i m ku n t +l -9- m I 0 t� L m r•� .. r� ,-4 Ch a t i31 IS i a ti hi m M t1 • • SECTION TWENTY -FIVE F.A.A. AND AIRPORT INSTRUMENTS The Federal Aviation Agency and Lessor are hereby granted the right and privilege by Lessor to place on and around the above- described premises, without cost to the Lessor, whatever instruments and equipment they desire during the term of this lease, so long as said instruments or equipment do not interfere with the intended use of the premises by the Lessee. SECTION TWENTY -SIX AERIAL APPROACH The Lessor 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 the Lessor from erecting or permitting to be erected, any building or other structure on the Airport which in the opinion of the Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. SECTION TWENTY -SEVEN SUBORDINATION This lease shall subordinate to the provisions of any existing or future agreement between the Lessor and the United States of America, relative to the operation or maintenance 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 -EIGHT THE HANGAR A. This lease is entered into by the parties to allow Lessee to construct a hangar. Lessee shall diligently pursue the construction of the hangar, as evidenced by a certificate of occupancy issued by the Eagle County Building Department, and the hangar shall be completed as evidenced by a Certificate of Occupancy issued by the Eagle County Building Official no later than December 15, 1990. Should Lessee fail to complete the hangar as herein indicated, Lessor may charge Lessee quadruple rent until such time as the building is completed. In any event, if the hangar is-not completed by August 1, 1991, the Lessor may at its option terminate the aforesaid lease. B. Ownership of the hangar premise upon expiration of this by forfeiture shall pass to the Colorado. constructed on the leased lease or any termination brought County of Eagle, State of =0 -11- k C. The hangar shall be built according to the following specifications: i)• The hangar shall be 48 feet x 162.5 feet in size. The hangar shall be constructed of 26 gauge or heavier steel construction. The hangar shall be of low profile design with a roof slope of 1 inch per every twelve inches or 2 inches per every twelve inches. iv). Electrical operated bi -fold doors shall be placed on airplane doors of 40 foot width or less. V). The hangar shall be of tan color, baked onto the steel with a manufactures guaranteed life of at least twenty years. vi). All building trim shall be the same color as the building brown or in color. All doors shall be the same color as the building or the trim. m vii). The roof shall be white in color and suitably roofed to keep out the weather. o viii). All hangars shall contain at least one fire 1 extinguisher or more as required by Uniform Fire Code. rn C ix). En Underground electrical power shall be provided to the hangar r•� at Lessee's expense. ri x)• All interior hangar floors shall be of a minimum of four inch concrete installed on properly. CA compacted base. xi). � Capped gas, water and sewer pipes shall be s� provided from the hangar for future hook -up to a location on the northern edge of the pavement or as directed by the Eagle County Board of Commissioners, so these utilities may be installed when available without disturbing the pavement. u. xii). Lessee shall pave as soon as possible the entire leased area (described in Exhibit A) surrounding the hangar with four inches of asphalt paving of 2.5 inches of asphalt with compacted base as Qj acceptable by Eagle County at Lessees option. The M pavement shall be completed no later than October 15, 199Q. r) Such pavement must be done in a good -11- and workmanlike manner using firstgrade materials and shall be inspected by the County Building Department and no occupancy of the hangar shall be allowed until the surrounding pavement is approved and accepted. xiii). All exterior lighting shall be constructed so as not to interfere with aviation and the plans for all such lighting shall be submitted to the Eagle County Airport Manager for written approval prior to installation. xiv). A locked steel box ( "Knox Box ") containing keys for accessing the hangar shall be installed on the outside of the building (location to be approved by the Gypsum Fire Protection District). Keys to the "Knox Box" shall be provided to the Airport Manager and the Gypsum Fire Protection District for use in emergency situations. xv). The hangar construction shall conform in all regards to the Uniform Building Code and the Eagle county Building Resolution. m xvi). Lessee shall in construction of the hangar take '-' all necessary steps to ensure proper drainage of U- 0 hangar and the leased premises. xvii).' Prior to commencing construction of the hangar, a 0 copy of all building 0 the Airport Manager and/or County bManager Manager to D. The Lessee shall maintain the hangars in good condition Cn at all times and shall not allow the buildings to ri deteriorate or become unsightly in appearance. E. No signs shall be placed on the hangars without the written approval of the Board of Eagle County Commissioners. F. Prior to any construction, the owner shall County with a Materials and Labor Pa Provide the Payment Bond insuring no mechanic's or other - construction lien shall attach J to the property. ► G. Lessee if re � quested in writing by Lessor, shall Provide written evidence of sufficient financial ► strength to complete the project. IN to 07 M It It -12- r. i i 0 3 u Ch r•� M w I CL r W rq M V) r� H. Hangars are to be exclusively used for the sheltering of aircraft. Hangars shall not to be used for human habitation without the written permission of the Board of Eagle County Commissioners. SECTION TWENTY -NINE ADDITIONAL CONDITIONS A. The Lessee 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: i). 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; ii). that 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; iii) that the Lessee 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, Nondiscrimination in Federally assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. Lessee shall furnish its accommodations and /or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers. -13- m 0 M u rm r•� O t!7 AJ G t� cif CL r �r 01 m r >> r•� •, 0 C. Lessee shall make its accommodations and /or services available to the public on fair and reasonable terms without unjust discrimination on the basis of race, color, religion, sex, age or national origin. D. Non - compliance with Provisions A, B and C of this Section Twenty -Eight as set forth hereinabove after written findings, shall constitute a material breach thereof and in the findings, shall constitute a material breach thereof and in the event of such non - compliance the Lessor shall have the right to terminate this lease and the estate hereby created without liability reefer or at the election of the Lessor or the United States either or both said Governments shall have the right to judicially enforce said Provisions A,B and C. E. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered by this Subpart The Lessee assures that it will require that its covered suborganizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. F. Lessee agrees that it shall insert the above four Provisions in any lease (agreement, contract, etc.) by which said Lessee grants a right or privilege to any person, firm or corporation to render accommodations and /or services to the public on the premises herein leased. G. The Lessor 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 Lessee, and without interference or hindrance. H. The Lessor reserves the right, but shall not be obligated to the Lessee, to maintain and keep in repair the landing area of the Airport and all publicly -owned facilities of the Airport, together with the right to direct and control all activities of the Lessee in this regard. -14- C ' 0__ I ­ 1) 0- "1 I• This lease shall be subordinate to the provisions and requirement of any existing or future agreement between the Lessor and the United States, relative to the development, operation or maintenance of the Airport. J. Lessee agrees to comply with the notification and review requirement covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the leased premises, or in the event of any planned modification or alteration of any present or future building or structure on the leased premises. K. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 208 (a) of the Federal Aviation Act of 1958, as amended. Cn L. All structures located upon the Demised Premises shall comply with the Requirements of the Eagle County h Building Code, the Airport Master Plan, and the o specifications included in this lease, and any U7 revisions or amendments thereof. In addition, Lessee shall comply with all applicable regulations and rules CL - concerning water sanitation. A building permit shall not be issued unless said compliance is shown to the satisfaction of the Lessor. m r� M. In the event that 100 the Lessee Percent of the entire interest in partnership or its successor entity becomes available for sale, excluding those transfers permitted m by Section Twenty -One, those persons who have w previously applied for permission to construct a hangar or hangars shall have the right of first refusal in the order in which they had applied. If no one of these persons accepts within thirty days of receipt of the notice of sale at their last known address, then Lessee N may sell the improvements and sublet or assign the "j entire i ground lease to any person or entity whomsoever o with the written consent of the Lessor which shall not r- be unreasonably withheld. — N. Lessee will, not later than 60 days after completion of construction of any structure, file a complete „j itemization of the cost hereof with the Eagle County rm Clerk and Recorder. -15- O. No hangar construction is to commence until a county building permit is obtained and approval of the construction is received from the Federal Aviation Administration pursuant to part 77, Subchapter B of the Federal Aviation Regulations. P. Nothing contained herein shall be construed to prohibit or hinder Lessee from renting the improvements on the Exhibit A -1 property, or a portion thereof, to any person or entity whosoever for the purpose of storing the aircraft. -16- Q. It is agreed that, with respect to any aircraft using the hangar to be constructed on the Exhibit A -1 property, adequate access to, and maneuvering room in front of the hangar will forever and at all times be protected during the term of this lease. R. Prior to construction of the hangar, Lessee shall, at its own expense, pave, to Lessor's Airport standards, the entire Exhibit A property including the portion En upon which the hangar is to be constructed. 0 S. Said Lessee further covenants and agrees that the- Lessee will save harmless said Lessor at all times U) during the continuation of this lease from all damages, claims, fines, penalties, costs and expenses whatsoever which'may u result from any workman's compensation claim. T. Whenever any notice or payment is required by this rrn 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 if enclosed in an envelope with sufficient postage M attached to ensure delivery, and deposited in the a United States mail, addressed to Eagle County Regional Airport, P.O. Box 850, Eagle, Colorado 81631. U. All covenants, conditions, and revisions in this agreement shall extend to and bind the legal representatives, successors, and assigns of the t respective P parties hereto. — CL V. This agreement shall be construed under the laws of the 01 State of Colorado. Any covenant, conditions, 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 Ln (a� M -16- r � deletion'-- "shall in no way affect any other convenants, 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 convenants, conditions, or provisions of this agreement. W. All amendments to this lease must be made in writing by mutual agreement of the parties and no oral amendments shall be of any force of effect whatsoever. X. The Lessor shall have no responsibility or liability to furnish any services to Lessee other than those specified in this lease, but Lessee may negotiate with Lessor for any additional services it may request and shall pay for such additional services the consideration so negotiated. Y. Lessor shall not provide exterior snow removal on the Demised Premises of the Lessee. Lessee shall be responsible for prompt removal of snow from the entire leased premises (Exhibit A). LESSOR: COUNTY OF EAGLE, STATE OF COLORADO ST: By and Through its BOARD OF COUNTY COMMISSIONERS By B LESSEE: i Jerry K es -17- 443392 B -547 P -250 02/06/91 13:39 PG 17 OF 19 N Yc f S Y R F r � �w r gram r c� S S Yc f S Y R F r � �w r gram r Er, ri 0 M CL En ray M iU is tri 4 IN (P fl) fl) %t 4 LEGAL DESCRIPTION A parcel of land located w i thin the Eagle. -County Airport property located in Sectiop 3, T5, the � P -M Eagle County, P. :Vs� -of Colorado and being more a.r t i cu, arly— .deatribed as follows: ..W -a 'M' thwe corner ofParcel!B, 'OMMencing- 't t or recorded in book 320 at page 74 in the records of Eagle County, Colorado, thence S89*09'00"E along the -north - . County Airport Sal Eagle, Property d. a dist-A ence S01*41'46"E a distance of 18. 25:f ba�tts ..porner of Parcel No. 2, thence continuing nc' e ©f —1. 0. 00 feet to the southwest corner of WarnezV-Sk Ic is • found Pin and aluminum S N _11 � _6hde:: '1 0"53.-.07 E um cap L_ Pont'-of • distance Of 23-03 feet to the True P ginni'jik;..-_the.nce S88*12'01"E a distance of '48.30 hc 140Y 59'.'E ' distance of 162.80 feet; t' 12;4 7 a, hence N88*12'01,"W. av,"-di6tanc*&-� of 48.30 feet; thence Sol* 47'59"W a distance of 162..80 to ` the Point Of Beginning containing 7,8.63.2 square feet or 8:a6,�'es less. _011 more or