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HomeMy WebLinkAboutC03-127 Air Traffic Control Tower Area Ground LeaseC'_03 ° l ~~~~/C1 AIR TRAFFIC CONTROL TOWER AREA GROUND LEASE BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE COUNTY AIR TERNIINAL CORPORATION This Air Tra c Control Tower Area Ground Lease (the "Lease") entered into this ~ 3~ day of 2003, by and between the County of Eagle, State of Colorado, a body politic d c orate, acting by and through its Board of County Commissioners ("County"), and Eagle County Air Terminal C~:~rporation ("Corporation"). WITNESSETH: WHEREAS, the County now owns, controls and operates the Eagle County Regional Airport (the "Airport") located between the towns of Eagle and Gypsum in the County of Eagle, State of Colorado; and WHEREAS, the County is duly authorized by law to administer and govern the property known as the Eagle County Regional Airport; and WHEREAS, Corporation is a non-profit corporation organized to acquire, construct, operate and maintain property in order to provide certain airport facilities, for the benefit and on behalf of the County and its inhabitants; 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, the County owns the land upon which the ATCT will be constructed, and wishes to lease the property described in the legal description and survey attached to this Lease as Exhibit A ("ATCT Area") to Corporation for this purpose; and WHEREAS, in connection with the "Special Facilities" obligations, the Corporation and the County intend to enter into an Air Traffic Control Tower Facilities Sublease dated as of May 13, 2003 (the "ATCT Facilities Sublease") relating to certain property leased to the Corporation pursuant to this Lease; AGREEMENT: NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Lease, the parties hereby agree as follows: ARTICLE ONE TERM The term of this Lease shall be for a period often (10) years, commencing on the day and year first above written and continuing through that same day first above written of 2013 (the "Termination Date"), unless earlier terminated under the provisions of this Lease. Notwithstanding the foregoing, this Lease shall terminate automatically upon full payment of the CDOT loan by Corporation. Upon termination of the Lease, title to the land and all improvements thereto, and all personal property therein owned by Corporation, shall vest exclusively in County. ARTICLE TWO LEASED PREMISES The County does hereby lease to Corporation the property described in the legal description and survey attached hereto as Ezhibit A ("ATCT Area") and which is incorporated herein by this reference. ARTICLE THREE USE This Lease is entered into solely for the purpose of constructing an Air Traffic Control Tower and functionally related facilities (the "ATCT Area Improvements") at the Airport. ARTICLE FOUR USE OF COMMON AREAS Corporation is granted the use, in common with others similarly authorized, of the Airport, together with all facilities, equipment, improvements, and services which have been or may hereafter be provided at or in connection with the Airport from time to time, including, but not limited to, the landing field and any extensions thereof or additions thereto, roadways, aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings, and take-offs.. ARTICLE FIVE RENT A. Rent. The County shall lease to Corporation the ATCT Area for One Dollar ($1.00) per year during the term of this Lease. Rent shall be payable on the 1~ of April of each year. B. Place of Payment. All payments due the County from Corporation shall be delivered to a place in Eagle County designated in writing by the County. ARTICLE SIX ORIGINAL IMPROVEMENTS • The construction of the ATCT Area Improvements shall be partially funded by Corporation through the CDOT Loan, which constitutes a "Special Facilities" obligation of Corporation. Corporation shall have no financial obligations or responsibilities regarding construction of the ATCT Area Improvements, above and beyond the CDOT Loan, which constitutes a "Special Facilities" obligation of Corporation. The County has entered into agreements regarding the construction of the ATCT Area Improvements and shall manage and oversee the construction of the ATCT Area Improvements. ARTICLE SEVEN ~. COMPLIANCE WITH LAW, REGULATIONS, AND REQUIREMENTS A. Corporation shall use the Leased Premises solely for the purposes as set forth herein, and in so doing shall enforce and comply with all applicable laws of the State of Colorado and the United States of America; and the rules, regulations, ordinances and resolutions of the County as well as of any and all bureaus, departments and agencies of said County, .State of Colorado and the United States of America, as they maybe amended from time to time. Corporation agrees to faithfully observe and obey and to compel its employees, invitees, and those doing business with it to observe and obey all of the following: 1. All Eagle County Regional Airport Rules and Regulations, which shall be deemed to include but not be limited to the Security Manual; 2. If the County revises "The Minimum Standards for Commercial Aeronautical Services and Activities at the Eagle County Regional Airport" to include commercial aviation services and activities, any such provisions of the Minimum Standards; and 3. All rules and regulations of the Federal Aviation Administration now in effect and such further rules and regulations as may from time to time be adopted by it relative to the operation of airports of the type and character of the Eagle County Regional Airport. B. Airport Rules and Regulations and Minimum Standards, if applicable, shall be deemed incorporated in this Lease by reference. They maybe amended and expanded from time to time in the sole discretion of County, and, upon notice of any such change to Corporation, such amended and new Rules and Regulations and Minimum Standards shall apply to Corporation and be incorporated in this Lease as though set forth in full in this Lease. C. Notification and Review Requirements. Corporation agrees to comply with the notification and review requirements 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 situated on the leased premises. D. Corporation shall timely report to the County all violations in the Airport Rules and Regulations which are observed and/or known to Corporation. i • ARTICLE EIGHT LEASE PROVISIONS REQUIRED OR SUGGESTED BY THE FEDERAL AVIATION ADNIINISTRATION A. Corporation, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, color, or national origin shall. be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of said facilities. 2. 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-discrimination 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 CFR Part 21 are followed and completed, including expiration of appeal rights. B. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right prohibited by federal law, including grant assurances with respect to FAA grants to the County for Airport development. 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 County that they similarly will undertake affirmative action programs and that they will require assurances from their suborganization, as required by 14 CFR 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 i • part of the affirmative action program or by any Federal, state or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similaz mechanism. Corporation agrees that state or local affirmative action plans 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. D. The County reserves the right to further develop or improve the landing area of the Airport as it sees fit, regazdless of the desires or view of Corporation, and without interference or hindrance. E. The County reserves the right 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 Corporation in this regazd. F. During the time of waz or national emergency, the County shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they aze inconsistent with the provisions of the lease to the Government, shall be suspended. G. The County 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 Corporation from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the County, would limit the usefulness of the Airport or constitute a hazazd to aircraft. H. This Lease shall be subordinate to the provisions of any existing or future lease between the County and the United States relative to the operation or maintenance of the Airport, the execution, of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport. ARTICLE NINE GENERAL OPERATING PROVISIONS A. Reservations of the County. For the purposes of this Lease, "Public Aircraft Facilities" shall mean (1) runways; (2) taxiways; (3) passenger ramp and apron areas; and (4) any extensions or additions to the above and any other space or facilities provided by the County at the Airport for public and common use by aircraft operators in connection with the landing and taking off of aircraft, or in connection with operations hereinafter authorized to be performed by aircraft operators upon the aforesaid runways, taxiways, and public passenger ramp and apron areas; but only as and to the extent that they aze from time to time provided by the County at the Airport for public and common use by aircraft operators. The County reserves the right to further develop or improve the Airport as it sees fit, regardless of the desires or views of Corporation, and without interference or hindrance, i • except that the County may not arbitrarily violate or unreasonably diminish Corporation's rights as provided elsewhere in this Lease except on a temporary basis, or diminish its ability to perform the obligations undertaken by it hereunder; provided, however, that any general or partial closure of any public aircraft facilities for the purpose and duration of construction or repair shall not be considered a violation or diminishing of Corporation's rights or ability to perform. County shall suffer no liability by reason thereof, and such action shall in no way alter or affect any of Corporation's obligations under this Lease. The County reserves the right to maintain and keep in repair the public aircraft facilities of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Corporation in this regard. There is hereby reserved to the County, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Leased Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of flight in the air, using said airspace for landing at, taking off from, or operating on the Airport. The County 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 Corporation from erecting or permitting to be erected, any building or other structure on or adjacent to the Airport which when erected will be above a mean sea level elevation of six thousand five hundred eighty-nine feet and/or which would limit the usefulness of the Airport or constitute a hazard to aircraft. County shall have the right at any time to close, relocate, reconstruct, change, alter, or modify any means of access, ingress, and egress provided for Corporation's use pursuant to this Agreement or otherwise, either temporarily or permanently, provided that reasonable notice to Corporation and a reasonably convenient and adequate means of access, ingress, and egress shall exist or be provided in lieu thereof. County shall use its best efforts to limit such closing to the duration appropriate to the circumstances. County shall suffer no liability by reason thereof, and such action shall in no way alter or affect any Corporation's obligations under this Agreement. The County reserves the right to direct and control all activities of Corporation on the public aircraft facilities area at the Airport in the event of an emergency or if Corporation's operations are interfering with the use by others of the public aircraft facilities of the Airport, and to further develop and improve said Airport as the County, in its sole discretion, may deem proper. The County further reserves the right to inspect Corporation's books and to procure such additional financial information as may be deemed appropriate and necessary by the County. Notices shall be provided to Corporation by the County at least five days in advance to inspect Corporation's books or records. Non-compliance with this section shall constitute a breach or default of this Lease and in the event of such non-compliance, the County shall have the right to terminate this Lease, or at the election of County or the United States or both of said governments, shall have the right to enforce judicially this subsection. B. No Exclusive Rights Granted. 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 308 of the Federal Aviation Act. The County reserves the right, at its sole discretion, to grant others certain rights and privileges upon the Airport which are identical in part or in whole to those granted to Corporation. C. Subordination of Lease. This Lease shall be subordinate to the provisions of any existing or future lease between the County and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or maybe required as a condition precedent to the expenditure of federal funds for the development, operation or maintenance of the Airport. D. Signs. Corporation shall not erect, maintain or display any external signs or other advertising on the leased premises without first obtaining the written approval of the County, which approval shall not be unreasonably withheld, providing that any sign so requested shall conform to requirements specified by the County. Corporation shall remove, at its expense, all lettering, signs, and placards erected on the premises at the expiration of the term of this Lease. ARTICLE TEN INSURANCE Except to the extent provided by County under the Sublease, Corporation shall obtain and maintain in effect during the term of this Lease comprehensive public liability and property damage insurance covering all of Corporation'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 County as an additional insured. All insurance shall be maintained with a company or companies approved by the County. A Certified copy of each insurance policy obtained hereunder or a certificate evidencing the existence of such insurance shall be delivered to the County within ten (10) days after execution of this Lease. Each such copy or certificate shall contain an endorsement by the insurer obligating the carrier of such insurance to furnish the County with thirty (30) days' notice of any intended cancellation, termination or modification of such insurance. Corporation further agrees to notify the County in writing as to any amendment or cancellation of such policies. The expense of such insurance shall be paid by Corporation. Corporation agrees to comply with all of the provisions of the laws of the State of Colorado and the United States of America pertaining to Employer's Liability Insurance, and further agrees that it will insure and keep insured all liability for compensation under the Workmen's Compensation Act of the State of Colorado. The County acknowledges that Corporation maybe eligible for coverage through the C.A.P.P. or other pool, and accepts such pool participation as the equivalent of insurance. ARTICLE ELEVEN • • INDENINIFICATIONS AND NON-LIABILITY EXCEPTIONS Corporation shall indemnify and hold harmless the County, its Board of County Commissioners and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants, and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses incident thereto which may accrue against, be charged to, or be recoverable from the County, its Board of County Commissioners, and its individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants and its successors, as a result of the acts or omissions of Corporation, its employees or agents, in connection with Corporation's use and occupancy of the ATCT Area. The County shall give to Corporation prompt notice of any claim made or suit instituted which in any way, directly or indirectly, affects or might affect Corporation and Corporation shall have the right to compromise or participate in the defense of any such action to the extent of its own interests. Corporation shall likewise give prompt notice to the County of any claim or suit which directly affects or might directly affect Corporation's ability to operate hereunder or which in any way affects or might affect the County or the general operations of the Airport. Except as otherwise provided within this Lease, the parties mutually agree that nothing contained in this Lease, nor the operations hereunder, shall in any way be construed to constitute the parties hereto as partners or be construed that Corporation is an employee or servant of the County, and in no event shall the County become liable for any loss which may result from the operations of Corporation upon the leased property, nor for any indebtedness incurred by Corporation in the operations of its business conducted on the leased premises. ARTICLE TWELVE ASSIGNMENT AND SUBLETTING It is mutually understood by the respective parties hereto that during the term of this Lease, Corporation may not assign this Lease (including subletting) without the written consent of the County, which consent shall not be unreasonably withheld, except as is otherwise expressly provided herein. The County hereby consents to the Sublease by Corporation to the County. ARTICLE THIRTEEN COOPERATION Corporation agrees that it shall cooperate in a fair and reasonable way with all other persons and entities operating on the Airport with the permission and approval of the County. ARTICLE FOURTEEN NOTICES Any notices provided for herein shall be in writing and shall be delivered in person or mailed by certified or registered mail, return receipt requested, postage pre-paid, to the party for whom intended at the address set forth below: Eagle County Air Terminal Corporation Attn: Eagle County Regional Airport Manager P.O. Box 850 Eagle, Co. 81631 Phone: (970) 524-9490 Fax: (970) 524-8247 Office of the County Attorney County of Eagle, State of Colorado P.O. Box 850 Eagle, Colorado 81631-0850 Phone: (970) 328-8685 Fax: (970) 328-8699 LI Either party may change its address by written notice to the other party. Notices are deemed to have been given effective as of the date of delivery if personally delivered, and as of the third day after mailing, if mailed. ARTICLE FIFTEEN DEFAULT AND TERNIINATION A. Termination by Corporation. This Lease shall be subject to termination by Corporation in the event of any one or more of the following events: 1. The abandonment of the Airport ~as an airport or airfield for any type, class or category of aircraft. 2. The default by County in the performance of any of the terms, covenants or conditions of this Lease, and the failure of the County to remedy or undertake to remedy, to Corporation's satisfaction, such default for a period of forty-five (45) days after receipt of notice from Corporation to remedy the same. 3. Damage to or destruction of all or a material part of the premises or Airport facilities necessary to the operation of Corporation's business. 4. The lawful assumption by the United States, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereof, in such a manners as to restrict substantially Corporation from conducting business operations for a period in excess of 180 days. B. Termination by the County. This Lease shall be subject to termination by the County in the event of any one or more of the following events: 1. The default by Corporation in the performance of any of the terms, covenants or conditions of this Lease, and the failure of Corporation to remedy, or undertake to remedy, to County's satisfaction, such default for a period of forty-five (45) days after receipt of notice from County to remedy the same. 2. Corporation files voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Corporation and such receivership is not vacated within forty-five (45) days after the appointment of such receiver. C. Exercise of the rights of termination set forth in Paragraphs A and B above, shall be by notice to the other party within thirty (30) days following the event giving rise to the termination. D. Removal of Property. Upon termination of this Lease for any reason, Corporation, at its sole expense, may remove from the premises all signs, trade fixtures, furnishing, personal property, equipment and materials which Corporation was permitted to install or maintain under the rights granted herein. E. Ownership of the improvements to the real estate constructed on the leased premises, shall pass to the County of Eagle, State of Colorado, upon the expiration of this Lease or any termination brought by forfeiture. F. Causes of Breach; Waiver. 1. Neither party shall be held to be in breach of this Lease because of any failure to perform any of its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall, not apply to failures by Corporation to pay fees, rents or other charges to the County. 2. The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any such subsequent breach, violation or default in or with respect to the same or any other covenants or condition hereof. ARTICLE SIXTEEN DUTY TO OBTAIN REQUIRED PERNIITS Corporation shall, at its sole expense, obtain and maintain in good standing all proper and necessary permits and licenses necessary to carry out and perform its obligations under this Lease. ARTICLE SEVENTEEN RIGHTS OF SEIZURE The County shall not be liable in any respect to Corporation in the event of any seizure of all or any part of the leased premises by the United States of America or the State of Colorado in time of war or other national emergency. Rent otherwise payable to the County shall abate during such period, to the extent that such seizure substantially interferes with Corporation's ability to conduct its operations. ARTICLE EIGHTEEN FACILITY; LEASEHOLD IlVIPROVEMENTS A. Prior Approval. All improvements (and alteration to improvements) constructed by Corporation shall receive prior structural, design and landscaping approval of the County, which approval shall not be unreasonably withheld. In the event the County requires modification of the original plans and specifications, Corporation shall have ten (10) calendar days from the date of receipt of the proposed revisions to resubmit the plans and specifications for the County's approval. County has approved the plans and specifications for the original improvements being constructed pursuant to Article Six. B. Upon being given final County approval of the plans and specifications, Corporation shall engage one or more qualified contractors to construct said improvements. Construction shall commence within thirty (30) calendar days of Corporation's receipt of the County's final approval of the plans and specifications and shall be scheduled for completion not later than one hundred eighty (180) calendar days after commencement of construction. It is agreed and understood that improvements undertaken pursuant to this provision shall become the property of County upon expiration of the lease. C. Materials and Labor Payment Bond. Prior to beginning construction, Corporation shall supply to the County in a form satisfactory to the County Attorney's office, a Materials and Labor Payment Bond to insure that all contractors, materialsmen, suppliers, subcontractors, etc., are paid for their activities and materials used on construction of Corporation's facilities on the leased premises; and to insure no claim is made against the County and that no lien shall attach to the County's property. ARTICLE NINETEEN SURRENDER OF POSSESSION On the expiration or other termination of this lease, Corporation's right to use of the premises, facilities, and services described herein shall cease, and Corporation shall vacate the premises without unreasonable delay. The improvements, fixtures and other property bought, installed or erected by Corporation in, on, or about the Airport and premises leased hereunder shall be deemed to become the property of the County upon conclusion of the Lease term or other termination of the Lease. Any and all personal property not removed by Corporation within a 30-day period after the expiration or other termination of the Lease shall thereupon become a part of the land on which it is located, and title thereto shall thereupon vest in the County. ARTICLE TWENTY INSPECTION BY COUNTY During the term hereof, the County shall have the right to inspect said premises either by its Commissioners or designated employees, at any or all reasonable times upon adequate prior notification to Corporation. ARTICLE TWENTY-ONE F.A.A. AND AIRPORT INSTRUMENTS • d The Federal Aviation Agency and the County are hereby granted the right and privilege by Corporation to place on and around the above=described premises, without cost to Corporation, 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 Corporation. ARTICLE TWENTY-TWO NO PRIVATE CAUSE OF ACTION The rights herein contracted for shall inure solely to the benefit of the parties to this Lease, and nothing herein shall be construed to grant a cause of action to non-parties claiming as third party beneficiaries or otherwise. ARTICLE TWENTY-THREE ADDITIONAL CONDITIONS A. All the covenants, conditions, and provisions in this Lease shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. B. This Lease shall be construed under the laws of the State of Colorado. Any covenant, condition, or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Lease, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the County or Corporation in their respective rights and obligations contained in the valid covenants, conditions, or provisions of this Lease. C. 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 or effect whatsoever. D. The clause headings appearing in this Lease have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they appertain. E. Lessee and Corporation. For purposes of this Lease the terms "Lessee" and " Corporation" are one and the same meaning and refer to Eagle County Air Terminal Corporation, its successors or assigns. F. Lessor and County. For purposes of this Lease the terms "Lessor" and "County" are one and the same meaning and refer to the County of Eagle, State of Colorado, or its successor or assigns. G. This Lease supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not contained herein are hereby withdrawn and annulled. G:\Debbie Faber\Airport\Tower\ATCT Area Ground Lease. 2003 ~ ~ IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. ®~~o~~® ~; t ~ Q A TEST• c°~oe[-o° o~ °~~~ By: • Teak J. Simonton, Clerk to the Board of County Commissioners ATTEST: Tom .Stone, Secretary OF EAGLE, STATE OF DO, B~ and Through Its of Chairman EAG COUNTY AIR TERNIIrTAL CO ON By: , M. enconi, President 3~y4 D A UMINUMR CAP EAGLE AIRPORT LEASE STAMPED LS 33428 ~ CONTROL TOWER N89'09'07"W 2071.37' SS \ 80 gS ~9 S86• 0 S 10 20 SCALE: 1 inch = 10 fi~ LEGAL DESCRIPTION o N81•50'17"E ~ 7.81 - o ao `° I 0o w '~ z NS1°5; 0 7.09 00 O c0 W 0 0o Q0 °~ ~ NS1.50~17"E ~"E m x,09 ~ , 0 co NEW -P CONTROL TOWER W~ AREA: 547 SQ. FT. (t1 N N O O~ W 22.00' S81'50'17" N O Or 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 ~~~~pp~~ RE I, RICHARD J. MIGCHELBRINK, A PROFESSIONAL LAND SUR REGISTE mlT~i ~ OF THE STATE OF COLORADO. JO HEREBY THAT THIS EXHIBIT WAS MADE BY ME AND ND MY P Ql~~~ E MAP IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE. : >• ~,~; o • Z• ~ 33.428 '~: SATE: ~ ~ ~ • RICHARD IGCHE BRI K A••,eo•....•. COLORADO P.L.S. 3 42 ~.~F ..__ _, S• ~a~fiA'~'c EAGLE AIRPORT LEASE BENCHMARK G SERVICES ~,~a,,~~ ~ ,i1Q-~~; CONTROL TOWER P.O. BOX 4619 }`~' ~~5; w,~Gg~ .~ COUNTY OF EAGLE 775 CHAMBERS AVENUE, 8201 w ~4$~ y ~'vs~ A~~` STATE OF COLORADO EAGLE, COLORADO 81631 .~;ti'~~ RY~~ (970) 328-2111 FAX (970) 328-2113