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HomeMy WebLinkAboutC03-246 Craig McCully~ ~a~ - ~~6 -~v AGREEMENT FOR LEASE OF T-HANGAR EAGLE COUNTY REGIONAL AIRPORT THIS LEASE AGREEMENT is made and entered into this day of , 2003, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, herein referred to as the Lessor," and Craig McCully ,hereinafter referred to as the Lessee." WITNESSETH: WHEREAS, Lessor is the owner of an airport known as the Eagle County Regional Airport situated in the County of Eagle, State of Colorado, herein referred to as the "Airport." WHEREAS, the Lessor, pursuant to Section 30-11-107(1)(J), 41-4-101, 41-4- 106 and 41-4-112, C.R.S., has the authority with respect to the operation of said airport to lease space for the purpose of providing aircraft housing through T- hangars to individuals and/or entities and to exact the required fees therefore. WHEREAS, said leasing is declared to be a public governmental function, exercised for a public purpose, and is declared a matter of public necessity. WHEREAS, Lessee is desirous of leasing a T-hangar at said airport. NOW THEREFORE, for and in consideration of the mutual covenants, conditions and provisions contained herein, the parties hereto agree as follows: SECTION ONE T-HANGAR USAGE Lessor grants Lessee the exclusive use of that portion of the airport premises described as follows: Unit No. 9 ,together with any and all improvements currently on said space used and occupied by Lessee solely for the storage of airworthy aircraft owned by Lessee. SECTION TWO TERM Subject to earlier termination as hereinafter provided, this lease shall be for an annual term commencing on Au ust 1 , 2003, and terminating on _July 31 , 2004. Lessor may opt to renew this agreement for additional annual terms subject to the same terms and conditions of the then existing lease or under new terms and conditions as agreed to by Lessor and Lessee. F:\DOCS\Leases\Hangars\T-Hangar lease.wpd • • SECTION THREE TERM ~ LEASE FEES Lessee agrees to pay Lessor for the use of the premises, equipment, rights, services and privileges granted hereunder the fees and charges according to the following schedule: For the exclusive use of the T-Hangar space referred to hereinabove, the monthly sum of: Model TP-1000 (Small)$225.00 TWO HUNDRED TWENTY-FIVE DOLLARS Model .TP3000 (Large)$250.00 TWO HUNDRED FIFTY DOLLARS Said sum being due and payable upon execution of this lease, and payable in advance on or before the 10~' day of each month. The Lessor reserves the right to modify the lease charge upon 30 days prior written notice. Any lease fee overdue for more than ten (10) days will have an additional late fee added to cover extra administrative costs. The late fee will equal 10% of the current monthly lease fee. In the event the Lessor is required to initiate any collection procedures to collect any unpaid lease payments, including late fees and costs, the Lessee shall pay all of the Lessor expenses in connection therewith, including reasonable attorney fees. SECTION FOUR INFORMATION Lessee shall famish the following information: Description of Plane Cessna 172P Aircraft N#: N62740 Registered Owner: Craig W. McCully Home Phone: 970-949-5873 Business Phone: 970-471-3302 Aircraft Insurance Company TBD (changing from club ins. Will advise) Address of Insurance Company -2- • C~ Lessee covenants and agrees to notify Lessor in writing within ten (10) days of any change in the information herein. SECTION FIVE LESSEE COVENANTS Lessee hereby agrees to comply with the following requirements: a. To use the hangar only to house airworthy aircraft, along with any necessary aircraft ground handling equipment associated with said aircraft. Such airworthy aircraft must be owned by Lessee. b. Lessee shall not store any solvents, explosives, flammable paints, or other flammables in the hangar. (Exception: up to one case of aircraft engine oil in manufacturer's containers.) Lessee shall not use any hazardous material within the hangar. c. Lessee shall close hangar doors promptly after placing the aircraft in or taking it out of the hangar and coordinate the operation of the doors so as not to unduly or in an untimely fashion obstruct access to the adjacent hangars. d. Lessee shall not use the hangar for major repair or overhauling of any aircraft or other equipment. See Attachment One for a listing of those preventive maintenance services which an aircraft owner can perform on the aircraft within the hangar. Lessee is responsible for payment to Lessor of any damage to hangar pavement floor caused by fueVoil spillage, maintenance tools, repair equipment, or associated careless acts. Lessee shall be responsible for all costs associated with mitigating any contamination which is caused by Lessee. e. Lessee shall not use any high wattage electrical equipment, heat lamps, or machinery in or about the Hangar, or modify existing wiring or install additional outlets, fixtures or the like therein unless authorized in advance in writing by the Lessor. f. Lessee shall not conduct any charter, rental, repair or instructional service or any other commercial activity in or from the hangar. g. Lessee shall report to Lessor, or its representative, any defects in the hangar which the Lessee feels require maintenance. h. Lessee shall keep the hangar clean and free of all trash and debris and shall not place any trash or debris on the Eagle County Airport property. F:\DOCS\Lzases\Hangars\T-Hangar lease.wpd • i. Lessee shall not attach any hoisting or holding mechanism to any part of the hangar or pass any mechanism over the struts or braces therein. For purposes of this Lease agreement, a hoisting or holding mechanism shall be deemed to include, but shall not be limited to, chain-ball, block and tackle, or other hoisting or winching devise. j. Lessee shall not paint, remove, deface, modify, bend, drill, cut or otherwise alter or modify any part of the hangar without the prior written permission of Eagle County or its representatives. k. Lessee shall abide by all lawful rules, regulations, laws ordinances and directives of the Airport and the Minimum Standards with respect to the use of the Airport and the hangar. Lessee shall not lock the Hangar or permit the same to be locked with any lock other than the lock mechanism supplied by the Airport unless prior written permission is received from the Lessor. If any additional locking devise is used, lessor will be given a key/combination to ensure access in the event of an emergency. m. Lessee shall not park or leave aircraft or other equipment or vehicle on the taxiway or on the pavement adjacent to the hangar in a manner which interferes with the movement of traffic or obstructs access to adjacent hangars. n. Within thirty (30) days of lease date, Lessee shall equip and maintain a 20 1206C 201b dry chemical fire extinguisher which shall be stored on the floor or attached to a bracket attached to the wall. o. Lessee shall pay for all charges and fees for requested, telephone, gas, water, or special electrical service should the hangar be so equipped. No portable utility or heating devices will be used unless authorized by the Airport Manager. p. Lessee shall not authorize commercial work to be performed on Lessee's aircraft while that aircraft is located on Eagle County Airport by parties not authorized to conduct commercial operations on the airport. q. Lessee shall pay a deposit equal to one month's lease fee. Such deposit will be returned without interest within thirty (30) days of termination of the Agreement and upon a determination by the Airport Manager that no cleaning or damage repair is required and further upon a determination that payments have been paid in full. All or part of the deposit may be retained by Eagle County to pay for cleaning or repairs or unpaid fees and costs. F:\DOCSU..eases\Eiangars\T-Hangar lease.wpd Lessee shall maintain minimum insurance coverage's as required by the State of Colorado, as may be amended, for Lessee vehicle operating on the Airport Operations Area (AOA) of the Eagle County Airport, and shall guarantee that Lessee's guests have minimum insurance coverages as required by the State of Colorado which are currently $25,000 Bodily Injury; $50,000 Per Accident; $15,000 Property Damage, as may be amended from time to time. Lessee shall maintain Worker's Compensation insurance for all of its employees performing in or about the hangar. s. Lessee agrees that the employees of the Eagle County Airport or their designees may enter upon the premises leased to the Lessee at any reasonable time and for any purpose necessary, incidental to, or connected with the performance of the Lessor's obligations under this agreement or in the exercise of their functions as the Airport. a. Lessee shall keep hangar neat and safe at all times. SECTION SIX DEPOSIT Lessee has deposited with Lessor two hundred fifty dollars ($250.00) as a security deposit for the faithful performance of and compliance with all the terms and conditions of this lease. Notwithstanding the provisions of Section 5Q should Lessee fail to comply with each and every term and condition of this lease agreement, or if Lessee damages the leased premises and/or equipment furnished by Lessor to Lessee, then the amount deposited as security furnished may, at the option of the Lessor, be retained by Lessor as fixed, liquidated and agreed damages for payment of disbursement, costs and expenses that Lessor may incur in restoring and repairing said leased premises and/or equipment. The retention and holding of the security deposit for the payment of such costs, disbursements and expenses shall not in any manner release Lessee from any of the obligations herein assumed. All rights of Lessor to the deposited funds or securities shall be in addition to the right of Lessor to pursue any and all legal remedies available in the event said deposited funds or securities are insufficient to cover the payment of disbursements, costs and expenses that Lessor incurs by reason of the damages caused by Lessee; to enforce payment of any amount due; and to all other rights to which Lessor may be entitled under this lease agreement. If all terms and conditions are fully complied with by Lessee, then the security deposit shall be returned to Lessee within 30 days of surrender of the premises in a good state and condition, reasonable use and wear thereof excepted, at the termination of this lease agreement. SECTION SEVEN RIGHT OF INGRESS AND EGRESS F:\DOCS\I.eases\Hangars\T-Hangar lease.wpd Lessee shall have the right of ingress to and egress from the leased premises in a manner that does not interfere with the Lessor's use of the Airport and does not conflict with any access rules and regulations adopted by Eagle County or any other agency with the authority to control access to the Eagle County Regional Airport. SECTION EIGHT PAYMENTS All payments, charges and fees due and payable under this lease agreement shall be payable to the order of the Eagle County Treasurer, and shall be submitted and/or delivered to the: Eagle County Airport P.O. Box 850 Eagle, Colorado 81631 SECTION NINE ASSIGNMENT Lessee shall not assign, sublet, sell, or transfer Lessees' rights under this lease agreement without prior written consent of the Lessor. SubJect to the foregoing, this lease agreement inures to the benefit of, and is binding on, the heirs, legal representatives, successor and assigns of the parties hereto. SECTION TEN LIABILITY Lessee covenants and agrees that it will not hold Lessor or any of its agents, officers, employees or airport commission members responsible for any loss occasioned by fire, theft, rain, windstorm, hail or from any other cause whatsoever, whether said cause be the direct, indirect or merely a contributing factor in producing the loss to any airplane, automobile, personal property, parts, surplus, or any other item that may be located on or about the T-hangar space. SECTION ELEVEN RISK OF LOSS Lessee agrees that any aircraft and the contents therein which are stored within the T-hangar pursuant to this lease agreement are at Lessee's sole risk and Lessee shall possess adequate insurance to protect it from such risk. Lessee assumes the risk of loss or damage to the hangar and its contents, whether from windstorm, fire, earthquake, snow, water run-off, or any other causes whatsoever. Lessee covenants and agrees that it will indemnify F:\DOCS\I.eases\Hangars\T-Hangar lease.wpd ~ ~ to follow these Rules and Regulations with respect to use of the premises; provided, however, that such rules and regulations shall be consistent with safety and with rules and regulations and orders of the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) with respect to aircraft operations and security regulations at the airport; and provided further, that such rules and regulations shall not be inconsistent with the provisions of the procedures prescribed or approved from time to time by the FAA and the TSA with respect to the operation of Lessee's aircraft at the airport. SECTION FIFTEEN SURRENDER OF POSSESSION On the expiration or termination of this lease agreement, Lessee's right to use of the leased premises, equipment and services described herein shall cease, and Lessee shall immediately vacate the premises. The Lessee shall be responsible to put the premises and equipment back to their original condition. Depreciation and wear from ordinary use for the purpose for which the leased premises were let need not be restored; but, any repair for which the Lessee is responsible shall be completed to the latest practical date prior to such surrender. Should Lessee fail to remove Lessee's aircraft or other property from the leased premises upon the termination of this lease, Lessee agrees to pay the sum of five hundred dollars ($500.00) per month as a lease fee for a holdover tenant until the airplane and other property of the Lessee are removed from the formerly leased premises. For purposes of this provision, the lease fee shall not be prorated and any period up to and including thirty (30) days shall be deemed to be a month. Additionally, Lessor may exercise its rights of sale as set forth in Section Thirteen herein. Lessee further agrees to pay reasonable attorney's fees for collection of aforesaid holdover lease fee or to compel removal of Lessee's aircraft or property from the premises after the termination of the lease. Upon the expiration or termination of this lease agreement, Lessor shall have the right to enter upon and take possession of the leased premises, with or without process of law, without liability for trespass. SECTION SIXTEEN INCREASED FEES Lessor may increase or decrease the lease fee charged at any time upon thirty (30) days prior written notice to Lessee. SECTION SEVENTEEN F:\DOCS\I.eases\Hangars\T-Hangar lease.wpd INSPECTION Lessor shall have the right to enter said leased premises at any time for inspection or to make repairs, additions or alterations as may be necessary for the safety, improvement or preservation of the leased premises. SECTION EIGHTEEN TERMINATION BY LESSOR Lessor shall have the right to terminate this lease agreement upon thirty (30) days notice with or without cause upon delivery of written notice to the Lessee at its last known address. Lessor shall refund to Lessee a prorated amount of the charges heretofore provided for the unexpired portion of the term following the date of such termination. In the event that such termination is without cause and Lessor has available other suitable T-Hangar Spaces, Lessee shall have the right to enter into a lease agreement for same. , SECTION NINETEEN TERMINATION BY LESSEE This agreement may be terminated by Lessee with or without cause on delivery of a written notice to Lessor thirty (30) days prior to the termination date. If the term of this lease agreement is on an annual basis, the prorated amount to be refunded shall be calculated on a monthly basis and in no case will exceed six months pro rata. SECTION TWENTY ADDITIONAL CONDITIONS A. Whenever any notice of payment is required by this lease to be made, given or transmitted to the parties hereto, unless otherwise specified herein, such notice or payment shall be deemed to have been given upon the mailing of said notice or payment by United States certified, first class mail, postage prepaid, and addressed to the parties at the respective addresses as shall appear herein or upon a change of address pursuant to this notice provision. B. This lease agreement 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 agreement, 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 Lessor or Lessee in their respective rights and obligations contained in the valid covenants, conditions or provisions of this agreement. C. All amendments to this lease must be in writing by mutual agreement of the parties and no oral amendments shall be of any force or effect whatsoever. F:\DOCS\Lxases\Haagars\T-Hangar lease.wpd • D. Lessee recognizes that from time to time during the term of this Lease Agreement it will be necessary for the Lessor to initiate and carry forward programs of construction, reconstruction, expansion, relocation, maintenance and repair in order that the Eagle County Airport and its facilities may be suitable for the volume and character of air traffic and flight activity which will require accommodation, and that such construction, reconstruction, expansion, relocation, maintenance, and repair may inconvenience or interrupt operations at the Eagle County Regional Airport. Lessee agrees that no liability shall attach to Lessor, its officers, agents, employees, contractors, subcontractors and representatives by reason of such inconvenience or interruption, and for and in further consideration of the premises, Lessee waives any right to claim damages or other consideration therefor, provided, however, that this waiver shall not extend to, or be construed to be a waiver of, any claim for physical damage to property resulting from negligence or willful misconduct. SECTION TWENTY-ONE LEASE PROVISIONS REQUIRED OR SUGGESTED BY THE FAA A. Eagle County agrees to operate the Leased Premises for the use and benefit of the public, more specifically as follows: 1. 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 County may be allowed to make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. Eagle County, 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 F:\DOCSU.eases\Hangars\T-Hangar lease.wpd ~ ~ 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. Eagle County shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be 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 are followed and completed, including expiration of appeal rights. C. Affirmative Action. 1. Eagle County 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. County 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. The County 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. Eagle County 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. The County 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.The County F:\DOCS\I.eases\Hangus\T-Hangar lease.wpd 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. IN WITNESS WHEREOF, the parties have executed this lease agreement at the day and year first above written. LESSOR: COUNTY OF EAGLE, STATE OF COLORADO By: _ Eagle County Airport P.O. BOx 850 Eagle, Colorado 81631 LESSEE: By: Address: ~O B~ ~c~y- Phone: ~'7/- 3.~ ~-- F:\DOCS\Leases\Hangars\T-Hangar lease.wpd ~ ~ ATTACHMENT NUMBER ONE TO T-HANGAR LEASE AGREEMENT This attachment lists those aircraft owner or pilot performed maintenance services that are authorized from T-Hangars at the Eagle County Airport. Any maintenance activities not contained on this list are prohibited. The listing will be reviewed as necessary by Eagle County to confirm to safety, insurance, and other minimum standards of Eagle County. Preventative Maintenance Services Authorized are defined as simple or minor preservation operations and the replacement of small standard parts not requiring complex assembly operations. AUTHORIZED PREVENTATIVE MAINTENANCE ACTIVITIES 1. Removal, installation, and repair of landing gear tires. 2. Replacing elastic shock absorber cords on landing gear. 3. Servicing landing gear shock struts by adding oil, air or both. 4. Servicing landing gear wheel bearing, such as cleaning and greasing. 5. Replacing defective safety wiring or cotter keys. 6. Lubrication not requiring disassembly other than removal of nonstructural items such as cover plates, cowlings and fairings. 7. Making simple fabric patches not requiring rib stitching or the removal of structural parts or control surfaces. 8. Replenishing hydraulic fluid in the hydraulic reservoir. 9. Applying preservative or protective material to components where no disassembly of any primary structure or F:\DOCS\L,eases\EIangars\T-Hangar lease.wpd • operating system is involved and where such coating is not prohibited or is not contrary to good practices. 10. Repairing upholstery and decorative furnishings of the cabin, cockpit, when repairing does not require disassembly of or interfere with any primary structure or operating system. 11. Making small simple repairs to fairings, nonstructural cover plates, cowlings, and small patches and reinforcements. 12. Replacing side windows. 13. Replacing safety belts. 14. Replacing seats or seat parts with replacement parts approved for the aircraft, not involving disassembly of any primary structure or operating system. 15. Trouble shooting and repairing broken circuits in landing light wiring circuits. 16. Replacing bulbs, reflectors and lenses of position and landing lights. 17. Replacing wheels and skis where no weight and balance computation is involved. 18. Replacing any cowling. 19. Replacing or cleaning spark plugs and setting of spark plug gap clearance. 20. Replacing any hose connection except hydraulic connections or fuel lines. F:\DOCS\Leases\Hangars\T-Hangar lease.wpd • 21. Cleaning or replacing fuel and oil strainers or filter elements. 22. Replacing and servicing batteries. 23. Replacement or adjustment of nonstructural standard fasteners incidental to operations. 24. Removing, checking, and replacing magnetic chip detectors. F:\DOCS\Lzases\Hangars\T-Hangar lease.wpd