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Home My WebLink AboutC04-151 The McMillin GroupC Gj c~- i s f - °~~ ~¢~, '~ AGREEMENT FOR LEASE OF TIE-DOWN SPACE EAGLE COUNTY REGIONAL AIRPORT THIS LEASE AGREEMENT is made and entered into this ~~tt day of ~r!~, 2004, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and th ough its Bgard of County Commissioners, herein referred to as the "Lessor", and ~~,~~C~~ ~-~c ~~p ,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 tie-down spaces to individuals and/or entities and to exact the required fees therefor. 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 atie-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. ~_, together with any and all improvements currently on said space used for tying down aircraft, i.e.: chains, chocks, etc. SECTION TWO TERM Subject to earlier to ination as hereinafter provided, this leases all be for an annual term commencing on , 2004, and terminating on ~ ~ , 2005. 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. 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 _~-~ ~ir~~-~~Lzc~- Aircraft N#: Registered Owner: Home Phone: Business Phone: Aircraft Insurance Company ~,1 3~~~tc ~~ v~Z~-{~~t.t.~,C~r, 1~~~ ~7v 3'dl~--l~?e ~7Q 7`f~ - g~~ ~C Ct'~u ~~ U-e~Y ~ lj ~)~tL.IL Address of Insurance 'Zr~ ~ ~~~e~~r~ Cti~r` tJa-.' 1 R-~ Company ~~.~ S ~ ~~ Lessee covenants and agrees to notify Lessor in writing within ten (10) days of any change in the information herein. 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. Page 2 of 9 C:\Documents and Settings\canderson\Local Settings\Temporary lntemet Files\OLK70B3\Tie-Down Lease. 9.19.03.DOC SECTION SIX DEPOSIT Lessee has deposited with Lessor one-half of agreed upon monthly rate 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 of One Hundred Dollars ($100.00). 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 space and shall notify the Lessor without unreasonable delay of the circumstances surrounding Lessee parking and/or otherwise using atie-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 One Hundred Dollars ($100.00) referred to in the paragraph above. SECTION EIGHT RIGHT OF INGRESS AND EGRESS 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. Page 3 of 9 C:\Documents and Settings\canderson\Local Settings\Temporary Interne[ Files\OLK70B3\Tie-Down Lease. 9 19.03.DOC 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, surplus, or any other item that may be located on or about the tie-down space. SECTION TWELVE RISK OF LOSS 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 hereby agrees to release and indemnify and save harmless Lessor, 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 Lessor, and shall defend, indemnify and save harmless Lessor, its officers, agents and employees from any Page 4 of 9 C:\Documents and Settings\canderson\Local Settings\Temporary Internet Files\OLK70B3\Tie-Down Lease. 9.19.03.DOC and all claims, damages, suits, costs, expense, liability, actions, penalties or proceedings of any kind or nature whatsoever, including m ror arising out of i directly or ndirectly, itsnuse and whomsoever, in any way resulting fro , occupancy of the tie-down space or its use or occupane resentatpvesl suppliersAi noeesnd including acts and omissions of officers, employees, povided, that the Lessee need not release, contractors, subcontractors, and agents of the Lessee; pnts and em to ees from damages indemnify or save harmneslit ence of thetLessor'ssof gcers, agents and employees. resulting from the sole g g SECTION FOURTEEN LIEN Lessee hereby gives and grants to Lessor a lien d descridtion or hereafter t be placed, fixtures, chattels and personal property of every kind an p installed or stored by Lessee, at the airport. In the and obli at onsihereof, on tithe event of any comply with each and every one of the covenant g default continuing for thirty (30) days of any specified oft is a sreementnIn the event Lessee writing of such breach and/or default of the provisio g does not cure such default and/or breach within thh~ to t ke posses ion of and sell all fixtures, notification from Lessor, Lessor shall have the rig chattels and personal property of every kind and descriptdi ~ law and may cried P the net proceeds or stored by Lessee at the airport in any manner provide y upon any indebtedness due, or damage sustained by Lessor, without prejudice to further claims thereafter to arise under the term thereof. SECTION FIFTEEN RULE5 AND REGULATIONS Lessee agrees to observe and obey reasonable deMan2 8, 2002 and setlforth inhe Eagle County Regional Airport Rules and Regulations adop Y Attachment One of this document. Lessee agrees thaosuch rules n d regu atio ns shall be ith respect to use of the premises; provided, however, consistent with safety and with rules and regonlsteourit nAdm n stration (TSA)lwitharespect to Administration (FAA) and the Transportat Y aircraft operations and security regulations at the aro °S1ons opthelprocedures prescribed ores and regulations shall not be inconsistent with the p approved from time to time by the FAA and the TSA with respect to the operation of Lessee's aircraft at the airport. SECTION SIXTEEN SURRENDER OF POSSESSION On the expiration or termination of this le d herein shall ceaseeand Lessee shall vacate the leased premises, equipment and services describe premises without unreasonable delay. The Lessee shall be responsible to put the premises and Page 5 of 9 C.\Documents and Settings\canderson\Local Settings\Temporary Internet Files\OLK70B3\Tie-Down Lease. 9.19.03.D0 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 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 COL , B y: Printed Name: 1i ~1 'Q-' S ~,~ Title: -~ Company: Address: , Phone: LESSEE: include City, State and Zip) Bv• y Printed Name: ~~'~ ti'1 m~~L.L~~t~ Title: %~°rc'S ~~ `"~ Company: ~ yI2C /~I,c, (..C i -~ ~~^'`'```j~ T~' ~v ch ~ ~ (d z~; Address: ~~' ~'d'` "~ (include City, State and Zip) Phone: ~7G ~~Y~ "" ~`(g0 Page 9 of 9 C:\Documents and Settings\canderson\Local Settings\Temporary Internet Files\OLK70B3\Tie-Down Lease. 9.19.03.DOC