HomeMy WebLinkAboutC04-212 Vail Valley Jet Center, LLC1 ~~~ ~s~7~~ 1 "' III'I' I Page : 1 of 15 07!02/2004 12:41P ~yG7 , ~`2 ,~~ Teak J Simonton Eagle 00 204 R 0.00 D 0.00 7 NINTH AMENDMENT TO FIXED BASE OPERATOR CONCESSION AND LEASE AGREEMENT - _ BETWEEN ~ ~~ ~ - THE COUNTY OF EAGLE, STATE OF COLORADO ~'' ' f ; ~ 2Q04 _. AND ~ • , VAIL VALLEY JET CENTER, LLC - - .~ ~ ~~®~ I' This NINTH AMENDMENT TO FIXED BASE OPERATOR CONCESSION AGREEMENT AND LEASE ("Ninth Amendment") is made and entered into this,~_- day of ~~' it ~-- , 2004, by and between the County of Eagle, State of Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ("County") and Vail Valley Jet Center, LLC ("VVJC"), a Colorado limited liability company. RECITALS The circumstances surrounding the making of thi, Ninth Amendment are as follows: A. The County owns the Eagle Courrty Regional Airport ("Airport"). B. The County and Howard Air Services, Inc. ("Howard") entered into a Fixed Base Operator Concession Agreement and Lease dated effective August 1, 1986 ("Howard Agreement") regarding the operation of a fixed base operator service at the Eagle County Regional Airport ("Airport"). The Howard Agreement was recorded in the official records of the County Clerk & Recorder of Eagle County at Book 463, Page 756. C. The Howard Agreement was amended by the _following: 1) First Addendum To Fixed Base Operator Concessions Agreement and Lease Agreement, dated August 4, 1986, also recorded in the official records of the County Clerk & Recorder of Eagle County at Book 463, Page 756; 2) Supplemental Agreement Regarding Offsetting Payments dated March 16, 1987; 3) Lease Addendum and Modification, dated June 10, 1987, recorded in the official records of the County Clerk & Recorder of Eagle County at Book 464, Page 155; and 4) Second Amendment and Modification To Fixed Base Operator Concession Agreement and Lease, dated June 29, 1987. D. The Howard Agreement, as amended as shown above ("VBCJC Agreement"), was assigned to Vail Beaver Creek Jet Center, Inc., which assignment was approved by the County by the Estoppel Certificate And Consent dated July 26, 1988. ~~ ~ II f'III "II 07f02/2@04 12:41P Teak J Simonton Eagle, CO 204 R 0.00 D 0.00 E. The VBCJC Agreement was amended by the following: 1) First Amendment To Fixed Base Operator Concession Agreement And Lease, dated July 26, 1988, recorded in the official records of the County Clerk & Recorder of Eagle County at Book 488, Page 549; 2) Third Amendment To Fixed Base Operator Concession Agreement and Lease, dated November 15, 1988; and 3) Fourth Amendment To Fixed Base Operator Concession Agreement and Lease dated effective November 1, 1990. F. Vail Beaver Creek Jet Center, Inc. assigned the VBCJC Agreement, as amended as described hereinabove, to Fixed Base Operators, Inc. dba Vail/Beaver Creek Jet Center ("VBCJC"), a Delaware corporation, the County's consent to which assignment is memorialized in the Estoppel Certificate and Consent, dated as of August 15, 1994. G. The VBCJC Agreement was amended by the Fifth Amendment to the Fixed Base Operator Concession Agreement and Lease dated October 10, 1995. H. The VBCJC Agreement was assigned to Vail Valley Jet Center, LLC ("WJC") effective January 20, 1998, and was amended by the Sixth Amendment To Fixed Based Operator Concession and Lease Agreement effective the same date. I. The VVJC, Eagle County and the Eagle County Air Terminal Corporation then amended the Agreement by entering into an Agreement to Purchase Right to Operate Commercial Terminal and Seventh Amendment to Concession Agreement and Lease dated September 25, 2000. J. The VVJC Agreement was further amended by the Eighth Amendment To Fixed Base Operator Concession and Lease Agreement dated January 13, 2004. K. The Fixed Base Operator Concession Agreement and Lease dated effective August 1, 1986, as amended, supplemented or in any nature modified by the foregoing, is hereinafter referred to as the "Agreement." L. Pursuant to the Agreement, WJC operates as a fixed base operator serving the needs of general aviation users (the "FBO"). M. The VVJC conducts fuel sales as part of its operation as an FBO and desires to install two 12,000 gallon above ground fuel tanks as part of its operation. The parties to this Ninth Amendment wish to allow for the installation of the tanks and to add certain land and remove certain other land from the leasehold to which the Agreement applies, and make other changes to the Agreement as set forth herein. IlblmuiiuuiRIIIIIIINIII!dlllllilllllllllllll 88,,;x: ,;.,o AGREEMENT THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the WJC and County agree as follows: ' 1. Under the terms of the Agreement, the VVJC leases land from County known as the Fuel Farm Parcel (hereinafter "Fuel Farm" or "Fuel Farm Parcel"). Such Fuel Farm Parcel is depicted on and attached hereto as Exhibit "A." The Fuel Farm Parcel previously contained underground fuel storage tanks which have since been removed. The VVJC desires by this Ninth Amendment to remove the Fuel Farm Parcel from the property leased by it under the Agreement and instead desires to substitute a new parcel (hereinafter "Above Ground Fuel Farm") that can accommodate the installation of two 12,000 gallon AST (above ground fuel storage tanks). The Above Ground Fuel Farm is more particularly described in the legal description attached hereto as Exhibit "B." 2. The Agreement provides that fuel tanks may only be installed underground. The Board of County Commissioners of Eagle County has amended the PUD Guide governing the Airport property to permit the installation of AST (above ground fuel storage tanks). The parties agree that Article Seven, Paragraph II A of the Agreement is hereby amended to permit the installation of above ground fuel storage tanks consistent with the terms of this Ninth Amendment. 3. The VVJC hereby agrees that the Fuel Farm Parcel shall no longer be subject to the Agreement (except as set forth herein concerning surviving indemnification provisions and environmental clean up and remediation provisions) and WJC hereby conveys to County all right, title and interest it has or may have under the Agreement in the Fuel Farm Parcel (see Exhibit "A") which is described as follows: A parcel of land located within the Eagle County Airport property, located in Tract 55, Section 3, T 5 S, R 85 W of the 6th Principal Meridian according to the Independent Resurvey of said Township and Range as approved by the U.S. Surveyor General's Office in Denver, Colorado on June 20, 1922. All bearings are relative to a bearing of N00°21'00"E from a brass cap set as a witness corner for angle point 3 of tract 57 to an alum. cap set for angle point 2 of Tract 56. Said parcel being more particularly described as follows: Beginning at the corner common to Tracts 55, 56, 58, and 59; Thence N81°56'57"E, 817.49 feet to the Point of Begmnin~; Thence NO1°41'46"E, 40.00 feet; Thence S88°18'14"E, 60.00 feet; Thence SO1°41'46"W, 40.00 feet; Thence N88°18' 14"W, 60.00 feet to the Point of Be ig nning. Said parcel of land contains 0.0551 acres (2400 s.f.), more or less. 4. The property more particularly described in Exhibit "B" (entitled Vail Valley Jet Center Fuel Farm Lease), which is attached hereto and incorporated herein, is hereby added to the leased premises under the Agreement. For purposes of this Amendment, said property is ~~~~ 'VIII' ~~ I Page: 4 of 15 07Jfl2JZfl04 12:41P Teak J Simonton Eagle, CO 204 R 0.00 D 0.0@ referred to as the "Above Ground Fuel Farm." The location of the Above Ground Fuel Farm is depicted in the maps attached as Exhibit "C" and incorporated herein. The legal description for the Above Ground Fuel Farm property is as follows (see Exhibit "B"): A parcel of land situated in Tract 56, Section 3, Township 5 South, Range 85 West, of the 6th Principal Meridian, County of Eagle, State of Colorado and more particularly described as follows: Beginning at a #5 rebar with a 2-1/2" diameter aluminum cap stamped LS 13901, marking angle point 2 of Tract 56, thence, South 88°24' 14" East a distance of 1901.05 feet to an iron pin set with aluminum cap marked PLS #33428, said point being the True Place of Beginning of the Lease Parcel herein described; Thence, South 87°48'37" East, a distance of 40.00 feet to an iron pin set with aluminum cap marked PLS #33428; Thence, South 02°11'23" West, a distance of 60.00 feet to an iron pin set with aluminum cap marked PLS #33428; Thence, North 87°48'37" West, a distance of 40.00 feet to an iron pin set with aluminum cap marked PLS #33428; Thence, North 02° 11'23" East, a distance of 60.00 feet to the True Place of Beginning and containing 2,400 square feet or 0.055 acres of land, more or less, as surveyed by Richard Migchelbrink, PLS of Benchmark Engineering Services, Inc. in March of 2004. 5. County agrees that the Above Ground Fuel Farm property shown on Exhibit "B" is not encumbered by any liens, leases or subleases and is owned by Eagle County. 6. VVJC shall construct and install two 12,000 gallon AST (above ground fuel storage tanks) on the Above Ground Fuel Farm property. Such installation shall include secondary containment, spill and overfill control, static protection, leak detection to meet federal, Colorado, local fire district and environmental regulations and such tank installation and fuel operation shall be in compliance with the terms of the Agreement and the Eagle County Regional Airport Minimum Standards ("Minimum Standards") as maybe amended from time to time. One 12,000 gallon AST shall be dedicated solely to the storage of 100LL Aviation Gasoline. The other 12,000 gallon AST may be used for the storage of either 100LL Aviation Gasoline or other Aviation Fuels. 7. VVJC shall comply with all requirements of the Agreement, Minimum Standards and requirements for the installation, maintenance and operation of AST. VVJC shall comply with all federal, state, county and local regulations, including but not limited to fire, safety, petroleum storage tank and tank labeling requirements and regulations, as well as environmental and zoning regulations that may affect the Above Ground Fuel Farm property and any other property leased by VVJC from the County and used for the purpose of fuel storage or fuel sales. Further, WJC shall comply with any rules and regulations promulgated by Division of Oil and Public Safety or the Petroleum Storage Tank Committee, or such other entity as may impose future rules or minimum standards for the installation, maintenance and operation of fuel tanks. VVJC shall strictly observe and obey, and cause its employees, agents, contractors, subcontractors, licensees, and invitees to observe and obey all environmental laws and 8$2 IIII I'IIiII I Page : 5 of 15 07!02/2004 12:41P Teak J Simonton Eagle, Ct~ 204 R 0.00 D 0.00 regulations. VVJC shall timely perform the following tasks as they may relate to or result from VVJC's use of the Above Ground Fuel Farm property and any other property leased by VVJC from the County and used for the purpose of fuel storage or fuel sales: a. obtaining and complying with all applicable environmental and safety registrations, permits, authorizations, and licenses; b. preparing, implementing, enforcing, and keeping current all plans or programs applicable to the storage or distribution of aviation fuels or other Hazardous Material, as provided in any environmental law or regulation, including without limitation, Spill Prevention, Control and Countermeasure Plans ("SPCCs") and Facility Response Plans ("FRPs") specified in regulations promulgated under the Clean Water Act, or similar state or local environmental laws; c. conducting all necessary or appropriate testing, monitoring, inspection, or related activities applicable to the storage or distribution of aviation fuels or other hazardous material, as provided for in any environmental law or regulation; d. submitting promptly to appropriate governmental authorities (with a copy submitted simultaneously to County), any notices or reports applicable to the storage or distribution of aviation fuels or other hazardous material under this lease, as provided in any environmental law or regulation; e. ensuring that all facilities, equipment, piping, hydrant pits, containers, tanks, and vehicles used by WJC to store, distribute, or supply fuel in connection with the Above Ground Fuel Farm property and any other property leased by VVJC from the County and used for the purpose of fuel storage or fuel sales are constructed and maintained in a safe, efficient, and orderly manner, and in accordance with all applicable environmental laws and regulations, without regard to the ownership of such facilities, equipment, piping, hydrant pits, containers, tanks, or vehicles. Nothing contained herein shall diminish the unconditional obligation of VVJC to investigate, prevent, remove, remediate and/or dispose of all hazardous materials that maybe released or threatened to be released at or about the Above Ground Fuel Farm property and any other property leased by VVJC from the County and used for the purpose of fuel storage or fuel sales. 8. VVJC shall obtain and be solely responsible for the cost of any building or other permits or approvals that maybe required for the fuel tanks. VVJC shall register and pay any and all fees as required under the Colorado Revised Statutes. VVJC shall be solely responsible for all costs and expenses associated with installation, maintenance and operation of the fuel tanks. 9. VVJC shall pay to County all amounts set forth in the Agreement at Article Ten, Paragraph B for fuel sales. Such amounts shall include any sales from the new tanks provided for under this Ninth Amendment. ~~ I"III "I Page : 6 of 15 07/02/2004 12:41P Teak J Simonton Eagle, CO 204 R 0.00 D 0.00 10. It is expressly understood and agreed that with respect to the Fuel Farm Parcel described in Exhibit "A," the Above Ground Fuel Farm property described in Exhibit "B," and any other property leased by VVJC from the County and used for the purposes of fuel storage or fuel sales (which collectively shall be known as the "VVJC Fuel Farm Parcels") the VVJC shall be solely responsible for all costs and expenses, including attorneys' fees and experts' fees, associated with: i. the investigation, mitigation, remediation, removal, clean up, disposal and associated monitoring of all fuel, oil, toxic or hazardous wastes or materials which maybe located on, in, under or about any portion of the VVJC Fuel Farm including all fuel, oil, toxic or hazardous wastes or materials that have migrated off the VVJC Fuel Farm Parcels: ii. claims of bodily injury, physical injury, sickness, disease, mental anguish or emotional distress, including death resulting therefrom, due to or arising from the presence or alleged presence of fuel, oil, toxic or hazardous wastes or materials which maybe located on, in, under or about any portion of the VVJC Fuel Farm Parcels and all fuel, oil, toxic or hazardous wastes or materials that have migrated way from the VVJC Fuel Farm Parcels; iii. claims of property damage including physical injury to or destruction of tangible property, including the resulting loss of use thereof, the loss of use of tangible property that has not been physically injured or destroyed, and natural resource damage due to or arising from the presence or alleged presence of fuel, oil, toxic or hazardous wastes or materials which maybe located on, in, under or about any portion of the VVJC Fuel Farm Parcels and all fuel, oil, toxic or hazardous wastes or materials that have migrated away from the VVJC Fuel Farm Parcels. 11. The VVJC Fuel Farm Parcels shall be returned to County in the same environmental condition that existed upon commencement of the lease and free of any hazardous wastes or materials introduced after control of the WJC Fuel Farm Parcels were transferred to VVJC. 12. In addition to the insurance provisions of the Agreement and Minimum Standards, VVJC shall at all times maintain general liability insurance including property and personal injury coverage. Further, VVJC shall maintain Pollution Legal Liability Insurance in the amount of $2,000,000 for the VVJC Fuel Farm Parcels and shall name Eagle County as an additional insured. Such policy shall cover the VVJC for liability resulting from pollution, envirorunental impairment or other liability arising out of or in connection with its use of the VVJC Fuel Farm Parcels. 13. VVJC agrees that it will indemnify, defend, and hold harmless County, its agents, employees, and officers and each of them, from any and all claims, expense, damage, loss, fines or liability (including reasonable attorneys' fees and experts' fees) by reason of any damage to property or the environment, including any contamination of Airport property such as the soil or storm water by fuel, gas, chemicals or other substances deemed by any agency of the federal, state or local government to be environmental contaminants at the time this Ninth Amendment is 88. I'III'~IIII~ Page : 7 of 15 07/02/20@4 12:41P Teak J Simonton Eagle, CO 204 R 0.00 D 0.00 executed or as may be redefined by the appropriate regulatory agencies in the future, or bodily injury (including death) incurred or sustained by any party hereto, any agent or employee of any party hereto, or any other person whomsoever, or any governmental agency, arising out of or incident to or in connection with VVJC's performance under the Agreement and this Ninth Amendment. Further, VVJC agrees that it will indemnify, defend, and hold harmless County from any and all claims, expenses, damages, losses, fines or liability incurred by County arising from the application of any common law or any federal, state, county or local statute, regulation, ordinance or other regulatory requirements, including without limitation any CERCLA or superfund legislation relating to the presence of fuel, oil, toxic or hazardous wastes or material, on, in or about the VVJC Fuel Farm Parcels. VVJC hereby agrees to indemnify, defend, and hold harmless County, its directors, officers, employees, and agents and any successors to County's interest in the chain of title to the VVJC Fuel Farm Parcels, their directors, officers, employees and agents from and against any and all liability including but not limited to (i) all required storage or disposal of hazardous materials by VVJC (ii) all foreseeable and unforeseeable consequential damages attributable to such storage, or disposal of hazardous materials and (iii) including without limitation the cost of any required repair or environmental cleanup, or other required plans, whether such action is required or necessary prior to or following transfer of title to the leased premises, or indirectly to the presence or use, generation, storage, release, threatened release or disposal of hazardous materials by VVJC. VVJC's obligation to indemnify, defend, and hold harmless as set forth above shall survive the expiration or earlier termination of the Agreement and this Ninth Amendment. VVJC shall give County prompt written notice of any claims threatened or made or suit instituted against it that could result in a claim for defense and indemnity hereunder. 14. The leased premises identified in Article Three of the Agreement and any amendments thereto and rent specified in paragraph D of Article Ten of the Agreement and any amendments thereto, are amended to add the new Above Ground Fuel Farm property. Upon execution of this Ninth Amendment the total square footage under lease shall be and the base total annual area use rent shall be calculated as shown on Exhibit "D" attached hereto. 15. In the event of a conflict between any provision of this Ninth Amendment and the provisions of the Agreement, the provisions of this Ninth Amendment shall control. 16. Except as expressly amended by the terms of this Ninth Amendment, all terms of the AGREEMENT are and shall remain in full force and effect. 7 ~~i Page: 5 "ill t'IIII' 07/02/2004 12:41P Teak J Simonton Eagle, CO 204 R 0.00 D @.00 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT effective as of the date first written above. COUNTY OF EAGLE, STATE OF ,,.~zr~w...:. COLORADO, By and Through Its ST: ;--,~, `~,;=~:~ ~ ~ ~ `~")~OARD OF COUNTY COMMISSIONERS Teak Simo ~ Tom .Stone, Chairman Clerk to the rd of County Commissioners VAIL VALLEY JET CENTER LLC, a Colorado limited liability company By: ~~~ Chairman and CEO Attest: By: Secretary S88'18'14"E 60.00' N01'41'46"E ~ S01'41'46"W 40.00' • 40.00' ~~N88'18'14"W P.O.B. 60.00' DETAIL N.T.S. AIRPORT BOUNDARY FENCE TR.58 TR.55 TR.59 TR.56 ALUM. CAP CORNER N0.2 OF TRACT 56 I I N81'S6'S~ --~ P.0.8.- ~ ~ g 7.49 V. V.J.C. LE EXHIBIT FUEL FARM 0.0551 AC. (2400 ,S.F.) EDGE OF ASPHALT w w of 3w o F iv I W O m o i z c~ z w m I° N la m I I BRASS CAP -WITNESS CORNER FOR CORNER N0.3 OF TRACT 57 III'IUNII~~II~Itl ~iII~NINII 882 e6]: P LEGAL DESCRIPTION A parcel of land located within the Ea< property, located in Tract 55, Section , Principal Meridian according to the Inde Township and Range as approved by th Office in Denver, Colorado on Jun 20, ' relative to a bearing of N00'21'00"E frc witness corner for angle point 3 of tra for angle point 2 of Tract 56. Said p~ described as follows: Commencing at the corner common to Thence N81'56'S7"E, 817.49 feet to the Thence N01'41'46"E, 40.00 feet; Thence Thence SOl'41'46"W, 40.00 feet; Thence; the Point of Beginning. Said parcel of (2400 S.F.), more or less. LEGEND ® DENOTES A BUILD{NG. VAZL VALLEY JrET CENTER FI7EL F~-.~2M LEASE FOUND ~5 REBAR W-T1-( 2~X~~ ALUMINUM CAP STAMPED LS ~ X901 A.P. 4 ~ 5g A.P. 3 TR S5 A.P. 1 TR 59 A.P. 2 TR S6 GRAPHIC SCALE '~ 0 ZS SO 1 lacL ~ 30 g o'. ~. rr ~i 587`48'3; sp 00• W e yam. N O O N w ~ ~ ~ C) O ~ ~ Z I ~ N87 48'37"~ 40.00' a ~~ ti~~ o ~. m N ~ • N ~ v ~ ~ ~a@ ~m ~m o: ~~ ----~_ o ~~~~ N --~ ~~U _- ~ -_ ~ m ~_ W _-o ~n -' m ~-._ F i Cre~ nE!er.~p710N A PARCEL OF LANG SiTUA7ED IN TRACT 56, SECTION +~, 7Or1T19iIP 5 SOUTH, RANGE 85 WEST, OF THE SIXTH PRINCPAL MERIpIAN, COUNTY OF FAG7S, STi17E OF COLORADO AND MORE PARIICVLARLY pESCR18ED AS FOLLOWS: 86dNNING AT A ElS REpI~ W11ti A 2 t/Z' pIAMETER ALUMINVM CAP, SWAMPED {.S. N0. 13901, NwRK1NC ANGLE POWT 2 OF TRACT 56, ThIENCE, SOUTH ggR4'ta' EAST A 015tANCE OF t90t.05 FEET 1'0 AN IRON PIN SE7 w1TH ALUM-NUM CAP HARKED PLS ~113s2a, SAID PORT BEING 7HE TRUE P{.ACE Of BEGINNING OF TH6 LEASE PARCEL HEREIN DFSCR16E0; Th1ENCE: 5OU1H 9x'48'37" EAST, A DISTANCE OF 40.00 FEET. TO AN IRON DIN SET WITH ALUMINUM CAP' MARKED PLS f3342A , THENCE, SOUTH 0271'37' WEST, A Df3TANCE OF 60.00 FEET TO AN IRON PIN SET VMITH ALUNINUAI CAP MARKED PLS /33~y6, THENCE, NOR'1'sl 89'48'"7" WEST, A DISTANCE OF sO.00 FEET TO AN IRON PW SET WITH ALUMINVM CAP MaRKEO PIS ~l334?9. TM6IVCE. NOgTH 021Y,T3' FAST, A DISTANCE OF 60,00 FEET TO TO THE TRUE PLAC£ OF BEaNNINC AND CONTiuNING 2.400 SpVARE FEET OR 0.055 ACRES Oi LJINO, 110RE OR LESS AS SURVEYED BY RICHARD MiGdiELBRINK, PL5 OF 9ENCMMARK ENGINEERING SERv1c~5, MC IN MARCH OF 2004, "`~~ v. AEG/~,l i, RK~IMD .L M-GCHELBRINK, A PROFESSIONAL LAWS OF THE STATE OF COLORADO, 00 HEREe BY WE ~ ER MY SUPEANSION, AND THA 'ro T~ ~' M KN ~, 0478: e,r~tsfi ~'~ °"'~ ~ VAIL VALLEY JET CF'Nf: ~-~ l~"tJE~, FARM LEASE ~~~ :. t;GUNT'Y qF EAGLE ~IIq`` S7'A'CEUFCOLOR.aDO ORATE '.C ~7` NOTICE: 3~~ ACCORpING TO COLORADO (,QW YOU MUST C0IAMENCE ANY LEGAL ACTION BA9E0 UPON ANY OEFEGT IN THIS SURVEY WITHIN TNRE6 YEaRS AFTER YOU FlRST DISCOVER SUCH pEFECT, IN NO EVENT, --..-.._.t.~ MAY ANT ACTION BASED UPON ANY OEFEC7 IN 7tHS SURVEY eE C ~~ CONMENCEO MORE THAN TEN ~S FROM THE DATE OF "'~~ S' CERTI~-CATiON SHOWN HERON, NCHMAIZ~C ~NGTNEERING SERV'~CE P.O. 80X 4619 ,. ~.EX~iIBiT 775 CHAMBERS AVENUE, 6201 ~ ' `~ ~-~ :~ '`~' EAGLE CO ~ ~. LORADO 81631 .``~ (970) 328-2171 FAX (970} 328-2113 ~ '_th'` ~` U~ I I1111~ ~~~ Page : 12 of 15 Teak J Simonton Eagle, CO 204 R 0.00 07f02/02000012:41P 882767 "I'I' III 07g02/2004f 12541P Teak J Simonton Eagle, CO 204 R 0,00 D 0.00 EXHIBIT "D" TO NINTH AMENDMENT The square footage and the rent set forth in paragraph 14 of this Ninth Amendment is determined as follows: I. Properties governed by the Howard Air Services, Inc. Fixed Base Operator Concession Agreement and Lease dated effective August 1, 1986, as amended, modified or supplemented up throu the Eighth Amendment: A. Terminal, Hangar 2 and Hangar 4 property: 512,600 sa.ft.(a,0.125sq.foodyear, base month 9/86 until "Closing Date" per the Seventh Amendment; 479,555 sq.ft., at the same rental rate, thereafter (representing the deletion of the parking lot to be sold to ECAT per the Agreement to Purchase Right to Operate A Commercial Terminal and Seventh Amendment to Concession Agreement and Lease.) B. Baggage claim property: 9,423 sq.ft @$0.04/ sq.foot/year, base month 9/86 until the "Closing Date" per the Seventh Amendment; and @ $0.125/sq/foot/year, base month 9/86, thereafter C. Eastern Extension Parcel added by the Seventh Amendment: 281,764 sq. ft. @$0.125/sq foot/year, base month 9/86, beginning effective May 1, 2001; rate reduction to $0.0625/sq.foot /year, base month 9/86, until ramp space along the northern border of the Extension Parcel is available for use by VVJC. D. Parking Property 33,045 sq.ft. @ $0.125/sq.foot/year, base month 9/86, beginning effective October 1, 2000. II Properties governed by the Mountain Flying Services, Inc. Fixed Base Operator Agreement and Lease dated September 24, 1986, as amended, modified or supplemented up through the date of the Eighth Amendment to the Howard Air Services Inc. Agreement: E. Hangar 3 a/k/a North Maintenance Hangar Property: 18,920 sq.ft. @ $0.125/sq/foot/year, base month 9/86 ~~ EXHIBIT b ~ 882767 Teak J Simonton Easle, CO I 2pq ~'ll" III 07/02/2004f12541P R 0.00 D 0.00 F. Above Ground Fuel Farm property: 2,400 sq.ft @ $0.125/sq.foot/year, base month 9/86 G. Colorado National Guard Property: 150,203 sq. ft. at $0 during National Guard Sublease 10