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HomeMy WebLinkAboutC03-126 Air Traffic Control Tower Facilities SubleaseAIR TRAFFIC CONTROL TOWER FACILITIES SUBLEASE THIS AGREEMENT, made and entered into this ~ day o f in the year 2003, by and between Eagle County Air Terminal Corporation, a no for pi fit 63-20 Corporation of the State of Colorado ("Corporation"), and Eagle County, Colorado (the "County"). WITNESSETH: WHEREAS, Corporation has entered into a Ground Lease with the County, dated and effective as of May 13, 2003, pursuant to which the County leases to the Corporation certain property at Eagle County Regional Airport (the "Airport"), including the Air Traffic Control Tower Area at the Airport (the "Air Traffic Control Tower Area" or "ATCT Area" as further defined herein} for the purpose of constructing an Air Traffic Control Tower (the "ATCT"); and WHEREAS, the County desires to sublease the ATCT Area and ATCT Area Improvements from Corporation, and acquire certain rights and privileges from Corporation in connection with its use of the ATCT Area and ATCT Area Improvements, and Corporation is willing to sublease and grant (as appropriate) same to the County under terms and conditions hereinafter stated; and WHEREAS, Corporation intends to secure a loan in the amount of $990,000.00 from the Colorado Department of Transportation ("CDOT"), through the issuance of "Special Facilities" obligations of Corporation, for the purpose of acquiring, improving, and equipping "Special Facilities" for lease, specifically the construction of the Air Traffic Control Tower ("ATCT', to further serve the Airport; and WHEREAS, the "Special Facilities" obligations are permitted by the Trust Indenture dated as of June 1, 1996, from the Corporation to U.S. Bank National Association, as Trustee, as supplemented and amended by a First Supplemental Trust Indenture dated as of June 1, 2001 (the "Indenture"); and WHEREAS, Corporation has the power and authority to enter into and to perform this Agreement; AGREEMENT: NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and considerations herein contained, Corporation and the County agree as follows: ARTICLE 1 DEFINITIONS Section 1.1 Definitions • Y The terms and phases defined in this Article 1 for all purposes of this Agreement shall have the following meanings: A. "Airport" means Eagle County Regional Airport. B. "Air Traffic Control Tower (ATCT) Area" means that property described in the legal description and depicted on the survey attached hereto as Exhibit A. C. °'_~ir Traffic Control Tower (ATCT) Area Improvements" r;leans all improvements constructed on the Air Traffic Control Tower Area and owned by the Corporation. D. "Board" means the Board of County Commissioners of the County. E. "Budget" means the annual budget of the County as finally adopted by the Board of the County. F. "Colorado Department of Transportation (CDOT) Loan" means the Agreement between Corporation and CDOT dated May 15, 2003 relating to funding for the ATCT Area Improvements and the issuance by Corporation of its "Special Facilities" obligations. G. "Fiscal Year" means the County's fiscal year, which begins on January 1 of any calendar year and ends on December 31 of the same year, and which is also the County's budget year within the meaning of Section 30-11-104.1, Colorado Revised Statutes, as amended, or any other period of up to 12 months that is designated by statute or otherwise as the fiscal year for the County. H. "Indenture" means the Trust Indenture dated as of June 1, 1996, as supplemented by a First Supplemental Trust Indenture dated as of June 1, 2001, between the Corporation and U.S. Bank National Association (formerly Colorado National Bank), as Trustee. I. "Past Due Interest Rate" means 18% per annum. ARTICLE 2 SUBLEASE Section 2.1 Rights Granted to County. Corporation grants to County the right to occupy, improve and use the ATCT Area and the ATCT Area Improvements consistent with and subject to all the terms and provisions of this Agreement. Section 2.2 Uses and Privileges of ATCT Area and ATCT Area Improvements. In connection with its use of the ATCT Area and ATCT Area Improvements, the County shall enjoy the right, privilege and obligation to conduct and operate the ATCT, including the right to charge such fees as the County may deem appropriate. 2 Section 2.3 Means of Access. The County, its agents, invitees, guests, employees and suppliers have rights of ingress to and egress from the ATCT Area. This right of access is subject to the security requirements of the section herein entitled "Security." Section 2.4 Right of Inspection. Corporation retains the full right of entry in and to the ATCT Area for any purpose necessary, incidental to or in connection with its obligations hereunder, or in the exercise of its functions, or for the purpose of making any inspection it deems necessary.' ARTICLE 3 TERM Section 3.1 Term. A. This Agreement shall become effective the day and yeaz first above written (hereinafter called the "Effective Date") and shall initially be scheduled to end December 31, 2003, subject to the County's annual right to renew the Agreement (as described in the following sentence) and subject to prior termination as provided in Article 7 hereof. The County may renew this Agreement for successive annual terms through May 13, 2013 as described in subpazagraph (B) below. B. No later than December 1 of each yeaz of this Agreement, the County Budget Officer shall notify the Eagle County Boazd of County Commissioners of the Rentals due under this Agreement for the ensuing Fiscal Yeaz, as determined pursuant to Section 4.1 hereof. The County shall be deemed conclusively to have exercised its annual option to renew this Lease o_y if the Boazd has, on or before December 31 specifically included in the Budget and appropriated for the ensuing Fiscal Yeaz the Annual Space and Facilities Charge due under Section 4.1 of this Agreement. C. In the event that the County shall determine, for any reason, to exercise its annual right not to renew this Agreement, effective on December 31 of any yeaz, the County shall give written notice to such effect to the Corporation not later than December 24 of such yeaz; provided, however, that a failure to give such notice shall not constitute a default hereunder, nor prevent the County from exercising its right not to renew this Lease, nor result in any liability on the part of the County. D. The County shall in any event, whether or not the Agreement is to be renewed, furnish the Corporation, promptly after adoption of the Budget by the County, but in any event no later than January 15 of each yeaz, with copies of the Budget. E. Notwithstanding anything in this Agreement to the contrary, this Agreement shall terminate upon payment in full of the CDOT loan for the purpose of financing the construction of the ATCT Improvements. 3 ~ ~ F. Upon full payment of the CDOT loan, this Agreement shall terminate and title to the ATCT Area Improvements shall pass to the County. Section 3.2 Surrender of ATCT Area. Upon the expiration or eazlier termination of this Agreement or on the date specified in any demand for possession by Corporation after any default by the County, the County covenants and agrees to surrender possession of the ATCT Area to Corporation in the same condition as when first occupied, ordinary weaz and tear excepted. Section 3.3 Holding Over. If the County remains in possession of the leased premises after the expiration of this Agreement without any written renewal thereof, such holding over shall not be deemed as a renewal or extension of this Agreement, but shall create only a tenancy from month to month that maybe terminated at any time by the County or Corporation upon thirty (30) days written notice to the other party. Such holding over shall otherwise be upon the same terms and conditions as set forth in this Agreement. ARTICLE 4 COMPENSATION CHARGES, FEES, AND ACCOUNTING RECORDS Section 4.1 Annual Space and Facilities Charges: During the term hereof, the County shall pay the following space and facilities chazges. For the use of the ATCT Area and ATCT Area Improvements, the sum of $110,213.26 per yeaz, all payments to be made in advance and without demand, on Apri115 of each yeaz of this Agreement. Section 4.2 Interest on Past Due Amounts. Any payments not made to Corporation when due shall accrue interest at the Past Due Interest Rate, commencing on the fifth day after the date such amount is due and owing until such amount is paid to the Corporation. Section 4.3 Place and Manner of Payments. All sums payable to Corporation hereunder shall be made without notice at the following: Eagle County Air Terminal Corporation c/o Eagle County Regional Airport Manager P.O. Box 850 Eagle, Colorado 81631 or at such other place as the Manager or his authorized representative may hereafter designate by notice in writing to the County. All sums shall be made in legal tender of the United States. Any check given to the Corporation shall be received by it subject to collection, and the County agrees to pay any charges, fees or costs incurred by the Corporation for such collection, including reasonable attorney's fees. Section 4.4 Payments to Constitute Currently Budgeted and Appropriated Expenditures of the County. The County and the Corporation acknowledge and agree that the amounts due 4 hereunder shall constitute currently budgeted and appropriated expenditures of the County. The County's obligations under this Agreement shall be subject to the County's annual right not to renew or otherwise to terminate this Agreement, and shall not constitute a mandatory charge or requirement in any ensuing Fiscal Year beyond the then current Fiscal Year. No provision of this Agreement shall be construed or interpreted as creating a general obligation or other indebtedness of the County or the State within the meaning of any constitutional or statutory debt limitation or requirement. No provision of this Agreement shall be construed or interpreted as creating a debt or multiple fiscal year direct or indirect debt or other financial obligation whatsoever of the County or the State within the meaning of any constitutional or statutory debt limitation or requirement. No provision of this Agreement shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the County or the State within the meaning of Sections 1 or 2 of Article XI of the Constitution of the State. This Agreement shall not directly or indirectly obligate the County, the Corporation, or the State to make any payments beyond those specifically included in the County's Budget and appropriated for the then current Fiscal Year. No provision of this Agreement shall be construed to pledge or to create a lien on any class or source of moneys of the County, nor shall any provision of this Agreement restrict the future issuance of any bonds or obligations of the County, payable from any class or source of moneys of the County. ARTICLE 5 OPERATION AND U5E OF ATCT AREA AND ATCT AREA IMPROVEMENTS Section 5.1 Operations. The County or authorized Control Tower Operator agrees to operate the ATCT Area and ATCT Area Improvements in an efficient, safe and professional manner. The County or authorized Control Tower Operator shall be permitted to operate a Visual Flight Rule (VFR) Air Traffic Control Operation from the ATCT Area Improvements in accordance with procedures specified in Federal Aviation Regulations and in the operational documents, directives and other applicable regulations. The County or authorized Control Tower Operator shall supply labor, supervision, required equipment, supplies, and services necessary to operate the Federal Aviation Administration (FAA) contract tower (FCT) within the ATCT Area as well as provide weather observation. The County, FAA or authorized Control Tower Operator shall have the right and privilege to install, operate, and maintain antennas, antenna wires, and appurtenances on the roof of the ATCT, provided the equipment does not interfere with operation of the ATCT or the Airport. The County shall be permitted to sublease space or equipment with or without compensation within the ATCT for other private or FAA use if said use or equipment does not interfere with the operation of the ATCT or the Airport. The County or authorized Control Tower Operator shall be responsible for operation and maintenance of security equipment within the ATCT and shall be responsible for complying with all existing and future security measures implemented by FAA or local law enforcement. 5 ~ ~ Section 5.2 Compliance with all Laws and Regulations. The County agrees not to use or permit the ATCT Area or ATCT Area Improvements to be used for any purpose prohibited by the laws of the United States or the State of Colorado or the resolutions or ordinances of Eagle County or Airport rules and regulations, all as amended from time to time, and not otherwise authorized hereunder, and it further agrees that it will use the ATCT Area and ATCT Area Improvements in accordance with all applicable federal, state and local laws, ordinances, resolutions and all rules and regulations adopted by the County or the Corporation for the management, operation and control of the ATCT or the Airport, either promulgated by the Corporation or Eagle County, on its own initiative or in compliance with regulations or actions of the Federal Aviation Administration or other authorized federal agency. The County further agrees to submit any report or reports or information which the Corporation is required by law or regulation to obtain from the County or which Corporation may request relating to the County's operations. Section 5.3 Compliance with Environmental Requirements. The County, in conducting any activity on the ATCT Area, shall comply with all applicable local, state or federal environmental rules, regulations, statutes, laws or orders (collectively "Environmental Regulations', including but not limited to Environmental Requirements regarding the storage, use and disposal of Hazardous Materials or Special Wastes to the Environment. The County shall acquire all necessary federal, state, and local environmental permits and comply with all applicable federal and state environmental permit requirements. Section 5.4 Hazardous Use. The County agrees that nothing shall be done or kept in the ATCT Area and no improvements, changes, alterations, additions, maintenance or repairs shall be made to the ATCT Area which might be unsafe or hazardous to any person or property. Further, the County shall not do or permit to be done any act or thing upon the ATCT Area which will invalidate, suspend or increase the rate of any fire insurance policy required under this Agreement, or carried by Corporation, covering the ATCT Area or which, in the opinion of the Corporation, may constitute a hazardous condition that will increase the risks normally attendant upon the operations contemplated under this Agreement. If, by reason of any failure by the County to comply with the provisions of this section, after receipt of notice in writing from Corporation, any fire insurance rate on the ATCT Area, shall at any time be higher than it normally would be, then the County shall pay the Corporation, on demand, that part of all fire insurance premiums paid by the Corporation which have been charged because of such violation or failure of the County; provided; that nothing herein shall preclude the County from bringing, keeping or using on or about the ATCT Area such materials, supplies, equipment and machinery as are appropriate or customary in carrying on its business, or from carrying on the normal operations contemplated herein. Section 5.5 Structural, Electrical or System Overloading. The County agrees that nothing shall be done or kept on the ATCT Area and no improvements, changes, alterations, additions, maintenance or repairs shall be made to the ATCT Area which might impair the structural soundness of the ATCT Area, result in an overload of utility, plumbing, or HVAC systems serving the ATCT Area or interfere with electric, electronic or other equipment at the Airport. In 6 the event of violations hereof, the County agrees to immediately remedy the violation at the County's expense. Section 5.6 Noise, Odors, Vibrations and Annoyances. The County shall conduct its operations in an orderly and proper manner so as not to commit any nuisance in the ATCT Area or annoy, disturb or be offensive to others at the Airport and shall take all reasonable measures, using the latest known and practicable devices and means, to eliminate any unusual, nauseous or objectionable noise, gases, vapors, odors and vibrations and to maintain the lowest possible sound level in its operations. Section 5.7 Accessibility The County shall not do or permit to be done anything which might interfere with the effectiveness or accessibility of utility, heating, ventilating or air conditioning systems or portions thereof on the ATCT Area or elsewhere on the Airport, nor do or permit to be done anything which may interfere with free access and passage in the public areas adjacent thereto, or hinder police, firefighting or other emergency personnel in the discharge of their duties. Section 5.8 Restrictions on Changes and Alterations. The County agrees not to improve, change, alter, add to, remove or demolish the ATCT Area Improvements, as defined herein, or any improvements, on the ATCT Area without the approval of the Corporation, which approval shall not be unreasonably withheld. The County must comply with all conditions which maybe imposed by the Corporation, in its sole discretion. Full and complete specifications for all work and improvements, along with a statement of the time required to complete such work shall be submitted to and approved by the Corporation before construction work commences. Copies of plans for all changes or alterations shall be given to the Corporation for review and approval prior to commencement of construction. First-class standards of design and construction will be required in connection with all such work, facilities and improvements, and all improvements shall conform with applicable statutes, ordinances, building codes, regulations and other general requirements of Corporation, procurement of general liability and builder's risk insurance and performance and payment bonds, and compliance with worker's compensation, prevailing wage, MBE/WBE participation requirements, and compliance with the Americans with Disabilities Act, 42 U.S.C. 12,000 et se .and its regulations. The approval given by Corporation shall not constitute a representation or warranty as to such conformity; responsibility therefor shall at all times remain with the County. Approval by Corporation shall extend to and include consideration of architectural and aesthetic matters, and Corporation expressly reserves the right to reject any designs submitted and to require the County to resubmit designs and layout proposals until they meet with Corporation's approval. Corporation agrees to act promptly upon a request for approval of such plans and/or revisions thereto. 7 Section 5.9 Title to Improvements .The County agrees that all improvements to the ATCT Area; including approved changes and renovations, which are affixed to the realty, shall become the property of the Corporation during the tenor of this Lease and upon their completion and acceptance by Corporation. However, upon termination of this Agreement, title to the ATCT Area improvements shall pass to the County. Section 5.10. Management of Construction of Improvements. The County shall manage the construction of the ATCT Area Improvements. The Parties to this Agreement recognize that the County has entered into agreements regarding construction of the ATt~T Area Improvements and funding for construction of the ATCT Area Improvements is derived from various sources. Corporation shall have no financial obligations regarding construction of the ATCT Area Improvements, above and beyond the CDOT Loan, which constitutes a "Special Facilities" obligation of Corporation. Section 5.11 Removal of the County's Equipment. The County shall retain title to and shall remove, at its sole cost, prior to the expiration or termination of this Agreement, all of the County's Equipment, as hereinafter defined. "The County's Equipment" shall mean all equipment, apparatus, machinery, signs, furnishings, trade fixtures and personal property installed by the County and used in the operation of the business of the County (as distinguished from the use and operation of the ATCT Area) which is listed on an annual inventory list submitted by the County and approved by the Corporation. If such removal shall injure or damage the ATCT Area, the County agrees, at its sole cost, at or prior to the expiration or termination of this Agreement, to repair such injury or damage in good and workmanlike fashion and to place the ATCT Area in the same condition as the ATCT Area would have been if the County's Equipment had not been installed. If the County fails to remove any of the County's Equipment by the expiration or termination of this Agreement, Corporation may, at its option, keep and retain any such the County's Equipment or dispose of the same and retain any proceeds therefrom, and Corporation shall be entitled to recover from the County any costs of Corporation in removing the same and in restoring the ATCT Area in excess of the actual proceeds, if any, received by Corporation from disposition thereof. ARTICLE 6 INDEMNITY, INSURANCE AND BOND5 Section 6.1 Indemnity. To the extent permitted by law, the County hereby agrees to release and indemnify and save harmless Corporation, its officers, agents and employees from and against any and all loss of or damage to property, or injuries to or death of any person or persons, including property and employees or agents of the Corporation, and shall defend, indemnify and save harmless Corporation, its officers, agents and employees from any and all claims, damages, suits, costs, expense, liability, actions, penalties or proceedings of any kind or nature whatsoever, including worker's compensation claims, of or by anyone whomsoever, in any way resulting from, or arising out of, directly or indirectly, its operations in connection herewith, its construction of the ATCT Area Improvements, or its use or occupancy of any portion of the 8 Airport and including acts and omissions of officers, employees, representatives, suppliers, invitees, contractors, subcontractors, and agents of the County; provided, that the County need not release, indemnify or save harmless Corporation, its officers, agents and employees from damages resulting from the sole negligence of the Corporation's officers, agents and employees. The minimum insurance requirements prescribed herein shall not be deemed to limit or define the obligations of the County hereunder. Section 6.2 ~No Personal Liability. No director, officer or employee of either party hereto shall beheld personally liable under this Agreement or because of its execution or attempted execution. Section 6.3 Taxes, Licenses, Liens and Fees. The County agrees to promptly pay all taxes, excises, license fees and permit fees of whatever nature applicable to its operations hereunder and to take out and keep current all municipal, state or federal licenses required for the conduct of its business at and upon the ATCT Area and further agrees not to permit any of said taxes, excises, license fees or permit fees to become delinquent. The County also agrees not to permit any mechanic's or materiahnan's or any other lien to become attached or be foreclosed upon the ATCT Area or Improvements thereto, or any part or parcel thereof, by reason of any work or labor performed or materials furnished by any mechanic or materiahnan. The County agrees to famish to the Corporation, upon request, duplicate receipts or other satisfactory evidence showing the prompt payment by it of Social Security, unemployment insurance and worker's compensation insurance, and all required licenses and all taxes. The County further agrees to promptly pay when due all bills, debts and obligations incurred by it in connection with its operations hereunder and not to permit the same to become delinquent and to suffer no lien, mortgage, judgment or execution to be filed against the ATCT Area or Improvements thereon which will in any way impair the rights of the Corporation under this Agreement. Section 6.4 Insurance. County shall obtain and maintain in effect during the term of this Sublease comprehensive public liability and property damage insurance covering all of County's activities, operations and facilities on or at the Airport. Liability insurance shall have a minimum coverage of the greater of (a) $150,000 per person/$600,000 per occurrence, and (b) the maximum liability of County specified in the Colorado Governmental Immunity Act as the same may from time to time be amended. All insurance shall name the Corporation as an additional insured. ARTICLE 7 DEFAULT AND REMEDIES Section 7.1 Default. The County shall be in default under this Agreement if the County: A. Fails to timely pay when due to Corporation the compensation or any other payment required hereunder, if duly appropriated; or B. Is in default under any other Agreement with Corporation; or 9 • • C. Becomes insolvent, or takes the benefit of any present or future insolvency or bankruptcy statute, or makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee or liquidator of any or substantially all of its property; or D. Transfers its interest under this Agreement, without the prior written approval of Corporation, by reason of death, operation of law, assignment, sublease or otherwise, to any other person, ,entity or corporation; or E. Abandons, deserts or vacates the ATCT Area; or F. Suffers any lien or attachment to be filed against the ATCT Area, the Airport or Corporation's property because of any act or omission of the County, and such lien or attachment is not discharged or contested by the County in good faith by proper legal proceedings within 20 days after receipt of notice thereof by the County; or G. Fails to keep, perform and observe any other promise, covenant or agreement set forth in this Agreement and such failure continues for a period of more than 30 days after delivery by Corporation of a written notice of such breach or default, except where a shorter period is specified herein, or where fulfillment of its obligation requires activity over a period of time and the County within 10 days of notice commences in good faith to perform whatever maybe required to correct its failure to perform and continues such performance without interruption except for causes beyond its control; or H. Gives its permission to any person to use for any illegal purpose any portion of the ATCT Area made available to the County for its use under this Agreement. Section 7.2 Remedies. If the County defaults in any of the covenants, terms and conditions herein, the Corporation may exercise any one or more of the following remedies: A. Corporation may elect to allow this Agreement to continue in full force and effect and to enforce all of Corporation's rights and remedies hereunder, including without limitation the right to collect compensation as it becomes due together with interest at the Past Due Interest Rate; or attorney's fees, caused by the County's failure to perform its obligations hereunder, or which in the ordinary course would likely result therefrom. B. Corporation may elect to reenter and take possession of the ATCT Area and expel the County or any person claiming under the County, and remove all effects as maybe necessary, without prejudice to any remedies for damages or breach. Such reentry shall not be construed as termination of this Agreement unless a written notice specifically so states; however, Corporation reserves the right to terminate the Agreement at any time after reentry. Following reentry, the Corporation may relet the ATCT Area, or any portion thereof, for the account of the County, on such terms and conditions as Corporation may choose, and may make such repairs or improvements as it deems appropriate to accomplish the reletting. Corporation shall not be responsible for any failure to relet or any failure to collect compensation due for such reletting. 10 • • The County shall be liable to Corporation for all costs of reletting, including attorney's fees and repairs or improvements. Notwithstanding re-entry by Corporation, the County shall continue to be liable for all amounts due as compensation under this Agreement, on the dates specified and in such amounts as would be payable if default had not occurred. Upon expiration of the Term, or any earlier termination of the Agreement by Corporation, Corporation, having credited to the account of the County any amounts recovered through reletting, shall refund, without interest, any amount which exceeds the compensation, damages, and costs payable by the County under this Agreement. Section 7.3 Remedies Cumulative. The remedies provided in this Agreement shall be cumulative and shall in no way affect any other remedy available to Corporation under law or equity. Section 7.4 Waivers. No failure of Corporation to insist upon the strict performance of a term, covenant or agreement contained in this Agreement, no failure by Corporation to exercise any right or remedy under this Agreement, and no acceptance of full or partial payment during the continuance of any default by the County shall constitute a waiver of any such term, covenant or agreement or a waiver of any such right or remedy or a waiver of any default by the County. ARTICLE 8 DAMAGE, DESTRUCTION OR LOSS Section 8.1 Damage to or Destruction of ATCT Area or ATCT Area Improvements. If the ATCT Area or ATCT Area Improvements, or any portion thereof, is destroyed or damaged by fire or otherwise to an extent which renders it unusable, Corporation may rebuild or repair any portions of the building structure destroyed or damaged, and, if the cause was beyond the control of the County, the obligation of the County to pay the compensation hereunder shall abate as to such damaged or destroyed portions during the time they are unusable. If Corporation elects not to proceed with the rebuilding or repair of the building structure, it shall give notice of its intent within 90 days after the destruction or damage. The County may then, at its option, cancel and terminate this Agreement. Section 8.2 Cooperation in Event of Loss. If Corporation elects to rebuild, the County must replace all ATCT Area Improvements at its sole cost. Corporation and the County shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss or damage. Section 8.3 Loss or Damage to Property. Corporation shall not be liable for any loss of property by theft or burglary from the Airport or for any damage to person or property on the Airport resulting from lightning, or water, rain or snow, which may come into or issue or flow from any part of the Airport, or from the pipes, plumbing, wiring, gas or sprinklers thereof or that maybe caused by the Corporation's employees or any other cause, and the County agrees to 11 • ~ make no claim for any such loss or damage at any time, except for any abatement of compensation or right to insurance proceeds provided for in this Section. Section 8.4 Mntaal Waiver/Insurance Coverage. Corporation and the County each waive any and every claim for recovery from the other for any and all loss of or damage to the ATCT Area or ATCT Area Improvements or to the contents thereof, which loss or damage is covered by valid and collectible fire and extended insurance policies, to the extent that such loss or damage is recoverable under such insurance policies. Since this mutual waiver will preclude the assignment of any such claim by subrogation or otherwise to an insurance company or any other person, the County agrees to give to each insurance company which has issued, or may issue, to the County policies of fire and extended coverage insurance, written notice of the terms of this mutual waiver, and to have such insurance policies properly endorsed, if necessary, to prevent the invalidation of the insurance coverage by reason of this waiver. ARTICLE 9 MISCELLANEOUS PROVISIONS Section 9.1 Agreement Binding Upon Successors. This Agreement, subject to the provisions of the section entitled "Assignment", shall be binding upon and extend to the heirs, personal representatives, successors and assigns of the respective parties hereto. Section 9.2 Agreement Made in Colorado. This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Colorado. Section 9.3 Agreement Subordinate to Agreements with "United States". This Agreement is subject and subordinate to the terms, reservations, restrictions and conditions of any existing or future agreements between Corporation or Eagle County and the United States, the execution of which has been or may be required as a condition precedent to the transfer of federal rights or property to Eagle County for Airport purposes and the expenditure of federal funds for the development of the Airport or airport system. The provisions of the attached Appendices 1, 2 and 3 are incorporated herein by reference. Section 9.4 Agreement Subordinate to Ground Lease with Eagle County. This agreement is subject to the written approval of Eagle County and is subject and subordinate to the terms, reservation, restrictions and conditions of the ATCT Area Ground Lease dated May 13, 2003 and any existing or future agreements between Corporation and Eagle County, except as provided in Section 4.2 hereof. Section 9.5 Financial Obligations of County Contingent Upon Appropriations. Financial obligations of the County payable after the current Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Section 9.6 Assignment. The County shall not assign this Agreement or in any way transfer or hypothecate any of its interest in this Agreement without first obtaining the written consent of the Corporation, which consent will not be unreasonably withheld. As used herein, "assignment" 12 means and includes, but is not limited to, (i) the grant or transfer of any right, title, possession, lien, encumbrance, security interest or other interest in, on or to five percent (5%) or more of the stock or other ownership interest of the County, (ii) grants or transfers to a single person or entity, including to any other person(s) and entity(ies) directly or indirectly controlled by it or which directly or indirectly control it, of any right, title, possession, lien, encumbrance security interest or other interest in, on or to the stock or other ownership interest which aggregate five percent (5%) or more of the stock or other ownership interest of the County, (iii) if the County is a limited liability company, a change in the chief operating officer, manager or other person responsible for the day-to-day performance by the County of the Agreement, (iv) the grant or transfer of any right, title, lien, encumbrance, security interest or other interest in, on or to some or all of the income or profits (however they may be measured or defined, e.g., gross income, gross profit, operating profit, net profit) of the County, and (v) the grant or transfer of any right, title, lien, encumbrance, security interest or other interest in, on or to some or all of the cash flow (however it may be measured or defined) of the County. If the County shall assign or attempt to assign its interest in the whole or any part of this Agreement in violation of this section, such assignment shall be void and this Agreement shall thereupon automatically terminate. Corporation's consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Section 9.7 Indenture. This Agreement is delivered in conjunction with the Corporation's issuance of the CDOT Loan, which constitutes a "Special Facilities" obligation as contemplated by Sections 3.05 and 3.06 of the Indenture, and is in all respects subject and subordinate to the Indenture applicable to the Terminal Building and Airport and to any other bond indentures which should amend, supplement or replace such Indenture. Section 9.8 Force Majeure. Neither party hereto shall be liable to the other for any failure, delay or interruption in the performance of any of the terms, covenants or conditions of this Agreement due to causes beyond the control of that party, including without limitation strikes, boycotts, labor disputes, embargoes, shortages of materials, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, floods, riots, rebellion, sabotage or any other circumstance for which such party is not responsible or which is not in its power to control, but in no event shall this paragraph be construed so as to allow the County to reduce or abate its obligation to pay the Rental. Section 9.9 Delay in Opening. The County agrees that no liability shall attach to the Corporation, its officers, agents and employees by reason of any efforts or action toward implementation of any present or future plans for the ATCT Area Improvements, or by reason of any delay in opening of any expansions to the ATCT Area Improvements and waives any right to claim damages or other consideration arising therefrom. Section 9.10 Nondiscrimination. In connection with the performance of its rights, privileges and obligations under this Agreement, the County agrees not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability, and the County further agrees to insert the foregoing provision in all subcontracts hereunder. The County further agrees 13 ~ f to the provisions set forth in Appendix 4, and to insert the provisions thereof into all subcontracts hereunder. The County further agrees to the provisions regarding Disadvantaged Business Enterprises set forth in Appendices 5 and 6. Section 9.11 Not Partnership. It is expressly understood and agreed that the Corporation shall not be construed or held to be a partner, associate or joint venturer of the County in the conduct of its business. The County shall at all times have the status of an independent contractor without the right or authority to impose tort or contractual liability upon the Corporation. ~: Section 9.12 Notices. All notices required to be given to Corporation or the County hereunder shall be in writing and sent by first class mail, facsimile (with an original by first class mail), or personal delivery to: Corporation: Eagle County Air Terminal Corporation Attn: Eagle County Regional Airport Manager P.O. Box 850 Eagle, Colorado 81631 Phone: (970) 524-8246 Fax: (970) 524-8247 County: Eagle County, Colorado Attn: County Attorney P.O. Box 850 Eagle, Colorado 81631-0850 Phone: (970) 328-8685 Fax: (970) 328-8699 Either party hereto may designate in writing from time to time the address of substitute or supplementary persons within the State of Colorado to receive such notices. The effective date of service of any such notice shall be three calendaz days after the date such notice is mailed, the date it is personally delivered or the first business day after delivery by facsimile. Section 9.13 Paragraph Headings . The pazagraph headings herein aze for convenience in reference only and aze not intended to define or limit the scope of any provision of this Agreement. Section 9.14 Patents and Trademarks. The County represents that it is the owner of or fully authorized to use any and all services, processes, machines, articles, mazks, names or slogans used by it in its operations under this Agreement. The County agrees to save and hold harmless Corporation, its officers, employees, agents and representatives from any loss, liability, expense, suit or claim for damages in connection with any actual or alleged infringement of any 14 • i patent, trademark or copyright arising from any alleged or actual unfair competition or other similar claim arising out of the operations of the County under this Agreement. Section 9.15 Security. The County shall cause its officers, contractors, agents and employees to comply with any and all existing and future security regulations or Security Plan adopted by Corporation or Eagle County pursuant to Part 107, Federal Air Regulations of the Federal Aviation Administration, as it maybe amended from time to time. Section 9.16 ' Severability. If any provision in this Agreement is held by a court to be invalid, the validity of other provisions herein which are severable shall be unaffected. Section 9.17 Third Parties. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties (except parties to whom the County may assign this Agreement in accordance with the terms hereof, and except any successor to Corporation) any right to claim damages or to bring any suit, action or other proceeding against either Corporation or the County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. Section 9.18 Entire Agreement. The parties acknowledge and agree that the provisions herein constitute the entire agreement and that all representations made by any officer, agent or employee of the respective parties unless included herein are null and void and of no effect. No alterations, amendments, changes or modifications, unless expressly reserved to the Corporation herein, shall be valid unless executed by an instrument in writing by all the parties with the same formality as this Agreement. Section 9.19 The County's Warranty of Its Ability To Enter Agreement. The County represents and warrants, which representation and warranty form a material part of the consideration of this Agreement without which Corporation would not enter into this Agreement, that it is authorized to and lawfully able to enter into and perform, and is under no prohibition against entering into and performing, this Agreement and that entering into this Agreement and performing pursuant to the terms thereof shall not constitute or cause a default or breach of any other contract, covenant or duty. To the extent permitted by law, the County agrees to defend and indemnify Corporation and its directors, officers and employees, from and against any and all losses, liabilities, claims, damages or expenses (including, without limitation, reasonable attorneys' fees and reasonable fees for expert witnesses, consultants and litigation support services and costs for post judgment and appellate proceedings) arising from or in connection with any suit, claim or action alleging that the foregoing representation and warranty are untrue or that the indemnitees have interfered with the County's contractual or prospective economic relations with another. The County shall assume all responsibility for conducting the defense or settlement of any such suits, claims or actions with counsel reasonably acceptable to Corporation. Corporation shall have the right, but not the duty, to participate in the defense and settlement of any such suits, claims or actions with separate counsel of its own choosing without relieving the County of any of the foregoing indemnity obligations; provided, however, that the County shall not be required to indemnify indemnitees for such separate counsel's fees, expenses and costs unless they shall have 15 ~ ~ reasonably concluded that there is a conflict of interest between them and the County in the conduct of such defense or settlement. No compromise or settlement of such a suit, claim or action maybe effected without indemnitees' written consent which shall not be unreasonably withheld or delayed. The provisions hereof shall survive the termination of this Agreement for any reason. 16 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. EAGLE COUNTY AIR TERNIINAL Attest: By: Tom C. Stone, Secretary EAGLE COUNTY, COLORADO By and Through Its Board of County Commissioners Attest: By: By Teak J. Simonto , chae County Clerk and Recorder Chairman 17 • • APPENDIX NO.1 STANDARD FEDERAL ASSURANCES NOTE: As used below the term "contractor" shall mean and include the "the County," and the term "sponsor" shall mean the "Corporation". During the term of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Re ations . The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they maybe amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, creed or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor of the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or 18 • • b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or; is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 19 • APPENDIX N0.2 STANDARD FEDERAL ASSURANCES NOTE: As used below, the term "DOT" means the United States Department of Transportation. 1. The County for itself, representatives, successors in interest, and assign, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this agreement for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the County shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations maybe amended. 2. The County for itself, 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: (1) that no person on the grounds of race, color, sex, creed 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 of race, color, sex, creed or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the County shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations maybe amended. 20 • APPENDIX N0.3 NONDISCRIlVIINATION INAIRPORT EMPLOYMENT OPPORTUNITIES The County assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin., sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates the County or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide or is in the form of personal property or real property or an interest therein or structures or improvements thereon. In these cases, this Provision obligates the County or any transferee for the longer of the following periods: (a) the period during which the property is used by the sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this Provision binds the contractors from the bid solicitation period through the completion of the contract. It is unlawful for airport operators and their lessees, tenants, the County and contractors to discriminate against any person because of race, color, national origin, sex, creed, or handicap in public services and employment opportunities. 21 • APPENDIX N0.4 LEASE PROVISIONS REQUIRED OR SUGGESTED BY THE FEDERAL AVIATION ADMIl~TISTRATION A. Corporation agrees to operate the Leased Premises for the use and benefit of the public, more specifically as follows: To furnish good, prompt, and efficient services adequate to meet all the demands for its services at the Airport, 2. To furnish said services on a fair, equal, and non-discriminatory basis to all users thereof, and 3. To charge fair, reasonable, and non-discriminatory prices for each unit of sale or service, provided that Corporation maybe allowed to make reasonable and non-discriminatory discounts, rebates, or other similaz types of price reductions to volume purchasers. B. Corporation, for itself, its personal representatives, successors in interest, and assigns, as apart 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. 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. 3. Corporation 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 ofTransportation-Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations maybe amended. In the event of breach of any of the above non-discriminatory covenants, the County shall have the right to terminate the Lease and to re-enter and repossess the Leased Premises 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 CPR Part 21 aze followed and completed, including expiration of appeal rights. 22 • • C. Affirmative Action. 1. Corporation 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 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. Corporation 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. Corporation assures that it will require that its covered organizations provide assurance to the grantee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganization, as required by 14 CPR Part 152, Subpart E, to the same effect. 2. Corporation 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 Lease, a consent decree, court order, or similar mechanism. Corporation 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. Corporation agrees to obtain a similar assurance from its sub-lessees' covered organizations, and to cause them to require a similar assurance of their covered suborganizations, as required by 14 CFR Part 152, Subpart E. 23 APPENDIX NO. S DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION SECTION 1 GENERAL. Except as the context otherwise requires and unless otherwise expressly provided herein, the capitalized terms in this Appendix to the Agreement shall have the same meaning as any similarly capitalized terms defined in the Agreement or in any exhibit thereto. SECTION 2 DBE OBLIGATION. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23, Subpart F. The County agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the awazd or performance of any concession agreement covered by 49 CFR Part 23, Subpart F. SECTION 3 OTHER AGREEMENTS. The County agrees to include the above statements in any subcontracts that it enters into and cause those businesses to similazly include the statements in further agreements. SECTION 4 DBE PARTICIPATION IN THIS AGREEMENT. The County agrees that it shall provide for at least 10.0 %participation by certified Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 23, said participation being measured as a percentage of total annual gross revenues obtained by the County in its operations ender this Agreement. The County identified in its Proposal DBEs which it would retain as subtenants, joint venture partners, suppliers, or service providers to participate in the operations to be carried out under this Agreement. After this Agreement is executed, the County agrees to use its best efforts to enter into agreements with the DBE firms it identified in its Proposal. Throughout the term of this Agreement, the County agrees that it shall continue to utilize qualified and available DBE firms which have been and continue to be certified to the fullest extent which is reasonably possible to achieve and to an extent necessary to comply with the above-stated goals, including tl~e goals related to purchases as applicable. The County shall make a good faith effort to meet each of the said goals throughout the term of this Agreement. If a DBE subtenant, joint venturer, supplier or service provider must be replaced for any reason during the term of this Agreement, the County agrees that it shall replace the subtenant, joint venturer, supplier or service provider with another DBE, or if it cannot, then the County shall demonstrate that it made good faith efforts to do so. 24 ~ ~ APPENDIX N0.6 DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION SECTION 1 GENERAL. Except as the context otherwise requires and unless otherwise expressly provided herein, the capitalized terms in this Appendix to the Agreement shall have the same meaning as any similarly capitalized terms defined in the Agreement or in any exhibit thereto. SECTION 2 DBE OBLIGATION. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23, Subpart F. The County agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR Part 23, Subpart F. SECTION 3 OTHER AGREEMENTS. The County agrees to include the above statements in any subcontracts that it enters into and cause those businesses to similarly include the statements in further agreements. SECTION 4 DBE PARTICIPATION IN THIS AGREEMENT. During the design and construction period of the ATCT Area Improvements, the County agrees that it shall make a good faith effort to utilize qualified and available DBE firms. G:~DebbieFaber~Airport~Tower~Fiual-AirTrafticCoutrolTowerfaclliHessublease 25 FoI~ND #5 REBAR WITH FAGLE AIRPORT LEASE ° 3- 4" ALUMINUM CAP `~~ STAMPED LS 33428 ~ CONTROL TO VV LR N89'09'07"W 2071.37' SS` \ ~0 gsF g9 sus, 0 S 10 20 SCALE: 1 inch = 10 ft. o N81'50'17"E ~ 7.81 Ca cO• ao o°o o w °~ ~ N81.50'17„E _~ ~ Z NS1'S~ 0 7.09 00 O cD -P W~ 7"E w f~ 7.09 ' o 0 cD .p W~ f~ NI O O N 0 i0 0' LEGAL DESCRIPTION Sa1'SO'17»W 22.0 A PARCEL OF LAND SITUATED IN TRACT 58, TOWNSHIP 5 SOUTH, RANGE 85 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A #5 REBAR FOUND WITH A 3 1/4" DIAMETER ALUMINUM CAP, STAMPED LS. No. 33428, MARKING THE NORTH WEST BOUNDARY CORNER OF THE EAGLE COUNTY AIRPORT. THENCE, SOUTH 58'03'45" EAST A DISTANCE OF 495.86 FEET TO A POINT, SAID POINT BEING THE TRUE PLACE OF BEGINNING OF THE LEASE HEREIN DESCRIBED; THENCE, NORTH 81'50'17" EAST, A DISTANCE OF 7.09 FEET TO THE CORNER OF THE CONTROL TOWER, THENCE, NORTH 08'09'43" WEST, A DISTANCE OF 8.00 FEET TO THE CORNER OF THE CONTROL TOWER, THENCE, NORTH 81'50'17" EAST , A DISTANCE OF 7.81 FEET TO THE CORNER OF THE CONTROL TOWER, THENCE, SOUTH 08'09'43" EAST, A DISTANCE OF 8.00 FEET TO THE CORNER OF THE CONTROL TOWER, THENCE, NORTH 81'50'17" EAST , A DISTANCE OF 7.09 FEET TO THE CORNER OF THE CONTROL TOWER, THENCE, SOUTH 08'09'43" EAST, A DISTANCE OF 22.00 FEET TO THE CORNER OF THE CONTROL TOWER, THENCE, SOUTH 81'50'17" WEST , A DISTANCE OF 22.00 FEET TO THE CORNER OF THE CONTROL TOWER, THENCE, NORTH 08'09'43" WEST, A DISTANCE OF 22.00 FEET TO THE TRUE PLACE OF BEGINNING AND CONTAINING 547 SQUARE FEET OR 0.012 ACRES OF LAND, MORE OR LESS, AS SURVEYED BY RICHARD MIGCHELBRINK, PLS OF BENCHMARK ENGINEERING SERVICES, INC IN FEBRUARY OF 2003. SURVEYOR'S CERTIFICATE ~~~~ppQO Rf RICHARD J. MIGCHELBRINK A PROFESSIONAL LAND SUR REGISTE ~TT1A ~ OF THE STATE OF COLORADO JO HEREBY THAT THIS EXHIBIT WAS MADE BY ME AND ND MY P Ql~t~~~ '~,~ E MAP IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~ ~ ' ~y.a / 53428 x: SATE: ~ 6 ®~ RICHARD IGCHE BRI K p•.•®•••o••m: • COLORADO P.L.S. 3 42 ~.• F ... _ , S ~saryc EAGLE AIRPORT LEASE BENCHMARK G SERVICES ~;earyc }`~ $S~ P.O. BOX 4619 W`~ CSC ~Q- CONTROL TOWER ~ .,tp- ~1G~~ y COUNTY OF EAGLE 775 CHAMBERS AVENUE, 8201 ~~G1ZU y ~'~sa A4~` STATE OF COLORADO EAGLE, COLORADO 81631 1~~sa x4`~ (970) 328-2111 FAX (970) 328-2113 NEW CONTROL TOWER AREA: 547 SQ. FT.