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Home My WebLink AboutC97-255 SBS Partnershipx'9725570 AMENDMENT TO AIRPORT FACILITIES LEASE This Amendment To Airport Facilities Lease ("Amendment") is entered into this zOday of kt&ao&wr , 1997 by and between Eagle County, Colorado, a body corporate and politic, acting through its Board of County Commissioners ("County"), Tom Harned, an individual ("Harned"), Charles H. Rosenquist, an individual ("Rosenquist"), and Kevin Clair, an individual ("Clair"), amending that certain Airport Facilities Lease between County and SBS Partnership dated October 7, 1980 (hereafter, "Original Lease"). RECITALS The circumstances surrounding this Amendment are: A. County and SBS Partnership entered into the Original Lease October 7, 1980, with respect to property located at the Eagle County Regional Airport for the purpose of Lessee erecting a hangar and constructing surrounding ramp. A true copy of the Original Lease is attached hereto. B. At some time SBS Partnership assigned a portion of its interest in the Original Lease to Charles H. Rosenquist. That assignment was not approved by the County. No acceptance of the assignment was executed by Rosenquist. C. Tom Harned and Kevin Clair were assigned the remaining interest in the Original Lease by SBS Partnership in 1991, and that assignment was approved by the County about November 1991. No acceptance of the assignment was executed by Harned or Clair. C. A dispute has arisen between Harned and Clair, on the one hand, and County, on the otherjegarding the maintenance of the existing taxiway connecting the Demised Premises with the airport taxiway and runway system and regarding the maintenance of the ramp areas surrounding the hangar constructed on the Demised Premises. Hamed and Clair contend that the County is required to fix the existing taxiway connecting its premises to the airport's taxiway/runway system and that County is required to maintain the ramp space on its premises. The County contends that the taxiway is the responsibility of Harned and Clair and that it has no responsibility for reconstruction or maintenance of the paved ramp areas. D. The parties to this Amendment want to clarify the persons having rights in the leasehold, to resolve the dispute, and to clarify the rights and obligations of the respective parties regarding the taxiway access and ramp. GABOBWMAIRPORTNHARNED.ISE ' 1 File 7-A-12 AGREEMENT Therefore, in consideration of the mutual promises set forth herein, the parties agree: 1. The Original Lease is hereby amended in the following particulars, and "Lease" as used therein and in this document shall refer to the Original Lease as thus amended: A. Section Two "Non -Exclusive Ground Space" is amended by substituting the property description attached hereto and marked as Exhibit "A" for the Exhibit "A" attached to the Original Lease. All references in the Lease to that portion of the Demised Premises described by "Exhibit A-1" shall mean and refer to that portion of the Demised Premises on which the hangar is placed, bounded by the outside of the walls of the hangar. B. Section Five "Right of Ingress And Egress" is amended by adding two paragraphs which read as follows: The foregoing rights of ingress and egress are subject to the Lessor's Airport Security Plan and any rules, regulations, orders or other requirements of the Federal Aviation Administration. In addition to the foregoing, Lessor shall maintain a taxiway between the Demised Premises and the airport taxiway/runway system suitable for use by private light aircraft and consistent with construction standards generally applicable to airport taxiways for private light aircraft. Maintenance shall be performed with a view to minimizing the inconvenience to Lessee, but shall be scheduled and performed at the discretion of Lessor and/or its contractor(s). The taxiway may be moved at Lessor's discretion, following consultation with Lessee, to meet Lessor's airport development plans and goals; any such move shall be done with a view to minimizing the inconvenience to Lessee, but shall be scheduled and performed at the discretion of Lessor and/or its contractor(s). Lessor shall repair the taxiway during the summer 1997. C. Section Seven "Rentals And Charges" is amended by deleting subsection b in its entirety. Subsection b. read as follows: b. In the event Lessee commences to utilize additional area space designated in Exhibit A which is not a part of the area designated in Exhibit A-1 for such purposes as including, but not limited to, rental of the tie -down spaces, Lessor shall have the right to increase the rent annually paid at the rate of $0.10 GABOBWMAIRPORT4MRNED.LSE 2 File 7-A-12 per square foot for the additional space used plus the yearly percentage cost increase as calculated hereinabove. D. Section Eleven "Maintenance And Utilities" is amended by adding two paragraphs which read as follows: Lessee will keep the pavement on the Demised Premises clean and free of debris. Lessor will repair or replace the pavement on the Demised Premises as may from time -to - time be necessary to maintain it in good condition that is acceptable to Lessor and consistent with similar ramp areas maintained by Lessor. In the event sewer and/or water service becomes available adjacent to the Demised Premises, if Lessee desires such service to the Demised Premises, Lessee shall, at its sole cost and expense, connect the hangar on the Demised Premises to the sewer and/or water service and maintain the connection in accordance with the requirements imposed by Lessor for such connection. Any repair or replacement of pavement on the Demised Premises associated with such utilities connections shall be at Lessee's sole cost and expense. E. Section Twenty -Eight "Additional Conditions" is amended by adding to paragraph G thereof a second paragraph which reads as follows: Lessor and Lessee acknowledge that the ramp area paved by SBS Partnership pursuant to this paragraph was not constructed to airport standards and has not been maintained. Lessor, at its own expense, shall re -pave the paved ramp areas on the Demised Premises in accordance with the airport's current standards for paving ramp areas for private light aircraft during the summer 1997, and the maintenance of such ramp shall thereafter be Lessor's responsibility. Lessor's work will be done with a view to minimizing the inconvenience to Lessee, but shall be scheduled and performed at the discretion of Lessor and/or its contractor(s). F. Section Twenty -Eight "Additional Conditions" is amended by deleting from paragraph N thereof the second sentence. Lessees hereby acknowledge that the Lease is unique from other hangar leases at the airport. GABOBWMAIRPORT ARNED.LSE 3 File 7-A-12 i C G. Section Twenty -Eight "Additional Conditions" is amended by adding to paragraph O thereof a second sentence which reads as follows: Lessee acknowledges that snow removal which has been or may in the future be done by Lessor on the Demised Premises is done as a courtesy and not as an obligation, and Lessor may cease to provide such snow removal to Lessee, or not provide it on a particular occasion, at Lessor's sole discretion, or may provide such service only for a fee. Lessee further acknowledges that unless Lessee demands in writing that Lessor cease any such snow removal, Lessor shall have no liability whatsoever for any damage to the Demised Premises caused by such snow removal. 2. Harned, Clair and Rosenquist hereby assume, jointly and severally, all of the obligations of the Lessee under the Lease, and acknowledge that they assumed, jointly and severally, all of the obligations of the Lessee under the Lease effective upon County's consent to the assignment of the Lease to Harned and Clair. For purposes of communications pursuant to or with respect to the Lease, Lessee's addresses are: Tom Harned 238 Eagle P.O. Box 1 Gypsum, CO 81637 tel. 524-9347 Charles H. Rosenquist 1451 Buffehr Creek Road P.O. Box 686 Vail, CO 81658 tel. 476-3203 Kevin Clair 193 East Gore Creek Drive Vail, CO 81657 Tel. 476-7771 3. County hereby confirms its consent to the assignment of the Lease to Harned, Clair and Rosenquist, jointly and severally. 4. Except as expressly amended by this Amendment, all of the terms and conditions of the Original Lease remain in full force and effect. 5. This Amendment shall be effective as of the date of execution by all parties to it. [next page is signature page; balance of this page intentionally left blank] GABOBWIMA 11PORTMARNED.LSE 4 File 7-A-12 WHEREFORE, the parties hereto have executed this Amendment the date first set forth above. Clerk to the County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS r BYJolhennette P ips, Ch an TOM HARNED 1 f wVA1LNE0"Ml0 l� OVA ,/,; � LLT CHARLES H. ROSENQUIST t GABOBWMAIRPORT OARNED.LSE 5 File 7-A-12 S CAI CORA TRACT 59 SBS HANGER SITE LEGAL DESCRIPTION A PARCEL OF LAND LOCATED WITHIN THE EAGLE COUNTY AIRPORT AS DESCRIBED IN BOOK 442 AT PAGE 435 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 55, SECTION 3, TOWNSHIP 5 SOUTH. RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN ACCORDING TO THE INDEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED BY THE U.S. SURVEYOR GENERAL'S OFFICE IN DENVER, COLORADO ON JUNE 20, 1922. ALL BEARINGS ARE RCI.ATIVE TO A BEARING OF N.00°21'00"E. FROM A BRASS CAP SET AS A WITNESS CORNER FOR ANGLE POINT 3 OF TRACT 57 TO A BRASS CAP SET FOR ANGLE POINT 2 OF TRACT 57. SAID PARCEL BEING -MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH AN EXISTING BRASS CAP MONUMENT MARKING -ANGLE POINT 4 OF TRACT 59 BEARS S.57030147"W. 2594.48 FEET DISTANT; THENCE W.02°06'52"E. 86.50 FEET; THENCE S.87053108"E. 60.50 FEET; THENCE S.02006'52"W. 86.50 FEET; THENCE N.87°53'0$"W. 60.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.1201 OF AN ACRE MORE OR LESS. 7mNu.4zy r?, 19 go DATE Jo L. MacKown, P.E., P.L.S. 12566 89/058 MAC 12566 EXHIBIT A '''�-.,AF'A�; Ns— AZucKown Surveying & Enginccrin6, Inc.