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HomeMy WebLinkAboutC03-347 Steve Isom ~[)3 - '547-?o , . AGREEMENT FOR LEASE OF TIE-DOWN SPACE EAGLE COUNTY AIRPORT .~ THIS LEASE AGREEMENT is made and entered into this "ZG-day"of ~~Ifi!!..., 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 Steve Isom , 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 and/or rent spaces for the purpose of providing aircraft tie-down spaces 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 and/or renting a tie-down space 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 TIE-DOWN SPACE Lessor grants Lessee the exclusive use of that portion of the airport premises described as follows: Space No. 1 , together with any and all improvements currently on said space used for tying down aircraft, Le.: chains, chocks, etc. 1 8/19/2003 F:\DOCS\FORMS\Tledown\Lease.wpd , . SECTION TWO TERM Subject to earlier termination hereinafter provided, the initial term of this agreement shall be the period commencing on Auaust 1 , 2003 and ending on Julv 31 ,2004, subject however to the option hereby granted by Lessor to Lessee to renew this agreement for additional terms subject to the terms, conditions, rentals, fees and charges they currently exist on the date of said renewal. Lessee shall notify Lessor in writing of Lessee's intention to exercise the renewal option and make payment of the next year's rental not less than ten (10) days before the expiration of the initial term thereof. SECTION THREE RENTALS Lessee agrees to pay Lessor for the use of the premises, equipment, rights, services and privileges granted hereunder rentals and charges according to the following schedule: For the exclusive use of the tie-down space referred to hereinabove, the sum of THREE HUNDRED SIXTY DOLLARS ($ 360.00) PER AIRCRAFT WITH A WINGSPAN OF LESS THAN FORTY (40) FEET, AND FIVE HUNDRED SEVENTY DOLLARS ($ 570.00) PER AIRCRAFT WITH A WINGSPAN OF FORTY (40) FEET OR MORE, due and payable upon execution of this lease, and prior to each and every renewal. SECTION FOUR INFORMATION Lessee shall furnish the following information: Description of Plane E t: I- L. ~ c;4- J1 fCIN~/ ( /7-30&. Registered Owner: L6J:?gy ~TEPtf?;y .-I-:S O~ , ~ 1Zs - (:) 8.3 ( 3 2-6 - z3 8 t Aircraft N#: Home Phone: Business Phone: Aircraft Insurance Company &A--~MC- O. Address of Insurance (2 c ~ Company 6M t::- ., Lessee covenants and agrees to notify Less~ in writing within ten (10) days of any change in the information herein. 2 8/1912003 F:\DOcS\FORMS\Tiedown\Lease.wpd SECTION FIVE EQUIPMENT FOR TIE-DOWN SPACES Lessee agrees to accept such equipment located on the leased premises on an "as is" basis; further, Lessor hereby disclaims, and Lessee accepts such disclaimer of, any warranty, either expressed or implied, of the condition, use of fitness of such equipment provided by the Lessor, and Lessee assumes full responsibility to furnish any additional equipment necessary to properly secure its aircraft. SECTION SIX DEPOSIT Lessee has deposited with Lessor fifty dollars ($ 50.00) as a security deposit for the faithful performance of and compliance with all the terms and conditions of this lease. 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 on 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 RESTRICTION ON USE OF OTHER TIE-DOWN SPACES Lessee shall not, at any time, tie-down or park its aircraft or otherwise use any other tie- down spaces except the exclusive tie-down space leased to Lessee herein above. In the event Lessee utilizes an unauthorized tie-down space, Lessor, by and through its designated representative, shall tow Lessee's aircraft from said space and charge Lessee a towing fee in the amount twenty-five dollars ($ 25.00). Notwithstanding the above, if Lessee is unable to tie-down or park its aircraft or otherwise use its exclusive tie-down space through no fault of its own and by reason that Lessee's exclusive tie-down space is otherwise being occupied by an unauthorized aircraft, Lessee shall have the right to tie-down its aircraft in an unoccupied tie-down 3 8/1912003 F:\DOcS\FORMS\Tiedown\Lease. wpd space and shall notify the Lessor without unreasonable delay of the circumstances surrounding Lessee parking and/or otherwise using a tie-down space other than Lessee's exclusive tie-down space. In such event, Lessor shall waive and shall not charge the Lessee a towing fee in the amount of twenty-five dollars ($ 25.00) referred to in the paragraph above. SECTION EIGHT RIGHT OF INGRESS AND EGRESS Lessee shall have at all times the full and free right of ingress to and egress from the leased premises and equipment referred to herein for Lessee, its employees, customers, passengers, guests and other invitees. SECTION NINE 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 TEN 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 ELEVEN 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 or surplus that may be located on or about the tie-down space. SECTION TWELVE RISK OF LOSS 4 8/1912003 F:\DOcS\FORMS\Tledown\Lease.wpd Lessee agrees that any aircraft and the contents therein which are tied-down pursuant to this lease agreement are at Lessee's sole risk. SECTION THIRTEEN INDEMNIFICATION OF LESSOR Lessee agrees to indemnify, defend and save Lessor, its agents, officers, representatives and employees harmless from and against any and all liability or loss including personal injury resulting from claims or court action arising directly or indirectly out of the activities of Lessee, its agents, servants, guests or business visitors under this lease agreement, or by reason of any act or omission of such person. SECTION FOURTEEN LIEN Lessee hereby gives and grants to Lessor a lien upon, and hereby hypothecates to Lessor, all fixtures, chattels and personal property of every kind and description or hereafter to be placed, installed or stored by Lessee, at the airport. In the event of any failure on the part of Lessee to comply with each and every one of the covenants and obligations hereof, or in the event of any default continuing for thirty (30) days of any specified rent, Lessor shall notify the Lessee in writing of such breach and/or default of the provisions of this agreement. In the event Lessee does not cure such default and/or breach within thirty (30) days from the receipt of such notification from Lessor, Lessor shall have the right to take possession of and sell all fixtures, chattels and personal property of every kind and description now and hereafter placed, installed or stored by Lessee at the airport in any manner provided by law and may credit the net proceeds upon any indebtedness due, or damage sustained by Lessor, without prejudice to further claims thereafter to arise under the term thereof. SECTION FIFTEEN RULES AND REGULATIONS Lessee agrees to observe and obey reasonable rules and regulations, including the Eagle County Regional Airport Rules and Regulations originally adopted October 4, 1982, as amended, 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 with respect to aircraft operations at the airport; and provided further, that such rules and regulations shall not be inconsistent with the provisions of this lease agreement or the procedures prescribed or approved from time to time by the Federal Aviation Administration with respect to the operation of Lessee's aircraft at the airport. SECTION SIXTEEN 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 5 8/19/2003 F:\DOcS\FORMS\Tiedown\Lease.wpd . . shall vacate the premises without unreasonable delay. 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 ninety dollars ($ 90.00) per month as rent 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 rent shall not be prorated and any period up to and including thirty (30) days shall be deemed to be a month. Lessee further agrees to pay reasonable attorney fees at a rate of seventy-five ($ 75.00) dollars per hour for collection of aforesaid holdover rent or to compel removal of Lessee's aircraft or property from the premises after the termination of the lease. SECTION SEVENTEEN INCREASED FEES Lessor may increase or decrease the rent charged herein upon ten (10) days prior written notice to Lessee. SECTION EIGHTEEN 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 NINETEEN TERMINATION BY LESSOR Lessor shall have the right to terminate this lease agreement at any time with or without cause on delivery of written notice to the Lessee at its last known address and upon refunding 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 tie-down spaces, Lessee shall have the right to enter into a lease agreement for same. SECTION TWENTY TERMINATION BY LESSEE This agreement may be terminated by Lessee provided that the rent for the tie- down space to the date of such termination gives Lessor at least ten (10) days written notice of its intention to terminate. 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. 6 8/1912003 . F:\DOcS\FORMS\Tiedown\Lease.wpd . .. I i I , ~ SECTION TWENTY-ONE 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. 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: ~~ gSgle County Airport P.O. Box 850 Eagle, CO 81631 LESSEE: By:6~ Address: f3:J:;, cr I ~ l-LJ L'l ~ 1'3 Phone: 32-f.-rL~ 7 8/19/2003 F:\DOcS\FORMS\Tiedown\Lease.wpd