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HomeMy WebLinkAboutC04-191 Tim Perkins AGgEEMENT FOR LEAS G ONAL-A RPORTACE EAGLE COUNTY 2004, _ da of Y THIS LEASE AGREEME eTStateaof Co oradoea body corporate and politic, by and by and between the County of Eag , through its Board f County Commissioners, herei to as the "Lesseee."~ssor", and ...,~.~~e,,~~_, hereinafter referred WITNESSETH: WHEREAS, Lessor is the owner of an airport ~ o~'herein ref rredCo asttheeA rport". Airport situated in the County of Eagle, State of Colorad , ursuant to Section 30-11-107(1)(7), 41-4-101, 41-4-106 and 41- WHEREAS, the Lessor, p -112 C.R.S., has the authority with respect to the operatals and/or entiriestand t exact theor t e 4 , purpose of providing aircraft tie-down spaces to mdivi u 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. ~~HEREAS, Lessee is desirous of leasing atie-down space at said airport. NOW THEREFORE, for and in consideration of the ms tual covenants, conditions and provisions contained herein, the parties hereto agree as follo 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 r t in down aircraft, i•e•: chains, chocks, etc. used fo y g SECTION TWO TERM Sub'ect to earlier ter 'nation as hereinafter providednatin 1 one sh 11 be f ~an ann~005. ~ ~ , 2004, and terrru g term commencing on ._ Lessor may opt to renew this ag Bement for adde~ineaRl' to ms and coonditions as agreed to by and conditions of the then existing lease or and Lessor and Lessee. Lessee shall notify Lessor in writingtal not less than ten (10) days before the renewal option and make payment of the next year s re expiration of the initial term thereof. 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 current monthly rent, prorated 100%, but in no case less than 50% of monthly rent 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. Additionally, Lessor may exercise its rights of sale as set forth in Section Fourteen herein. Lessee further agrees to pay reasonable attorney fees at a rate of One Hundred Dollars ($100.00) 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. 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 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 Page 6 of 9 G:\ADMIN\LEASES\Tie-Downs\Tie-Down Lease. 9.19.03 DOC 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. 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. 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, rnaintenance_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-TWO 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, Page 7 of 9 G:\ADMIN\LEASES\Tie-Downs\Tie-Down Lease. 9.19.03.DOC 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 maybe 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 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. Page 8 of 9 G:\ADMIN\LEASES\Tie-Downs\Tie-Down Lease. 9.19.03.DOC 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 COLORADO Printed Name: ~ l/ y ~ ~~~J Title: Company: Address: Phone: [ ~ ~ ~ ~~"~ " ~ a Z LESSEE: --~. B y: ~~ Printed Name: ~/d~i1 a~'r?~wS Title: ~~~ City, State and Zip) Company: ~3~~ Address: ~ ~(G 3! (include City, State and Zip) Phone: ~Ta "~~ 4- -7l 73 Page 9 of 9 G:\ADMIN\LEASES\Tie-Downs\Tie-Down Lease. 9.19.03.DOC