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HomeMy WebLinkAboutC05-336 Frontier Rental LEASE This Lease Agreement (hereinafter refened to as "Lease and/or Agreement") made and entered into this day of 2005 between Eagle County, State of Colorado, a body politic organized and existing pursuant to the laws of the State of Colorado (hereinafter refened to as "Landlord") and Frontier Rental. Inc., (hereinafter refened to as "Tenant") whose address is 0216 Eldon Wilson Road, Gypsum. CO 81637. WITNESSETH: WHEREAS, the Landlord now owns and controls and operates the Eagle County Airport, (hereinafter referred to as "Airport") located in the County of Eagle, State of Colorado: and WHEREAS, the Tenant desires to lease and use a portion of certain land for new rental motor-vehicle deliveries and the parking and stonng of overflo'v'v rental motor vehicles; and WHEREAS, the Landlord desires to lease to Tenant a portion of the land and grant to Tenant the non-exclusive right to use a portion of the land as more fully described herein. NOW, THEREFORE, for and in consideration of the rents or sums of money hereinafter agreed to be paid by the Tenant and if the covenants upon the part of the Tenant to be kept and performed hereinafter expressed, Landlord hereby demises and leases unto Tenant, a portion of that certain parcel of land lying and being situated in Eagle County, Colorado and being more particularly described in Exhibit "A" attached hereto (hereinafter refened to as the "Leased Premises/Rental Space" or separately "Leased Premises" or "Rental Space"). 1. Rental Space. Approximately 20,000 square feet, more or less, of land located at the Eagle County Airport as highlighted in Exhibit "A." 2. Rent. The rental fce for the Initial Lease Term shall be $0.1)2 per square foot (annual rate of $3,040.00, monthly rate of $253.33, and daily rate of $8.32). Therefore, rent for the Initial Lease Term shall be $748.80 ($8.32 x 90 davs) and shall be payable on or before December 1,2005. 3. Initial Lease Term. The Initial Lease Terms are as follows: a. The Lease hereby granted shall become effective December I, 2005 and shall continue in effect up to and including February 28,2006 (hereinafter refened to as "Initial Lease Term"). b. At the end of the Initial Lease Term, the Tenant has the option to extend the Lease on a month by month basis after the Initial Lease Term has ended at a flat rate of $253.33 per month by sending written notice to the Landlord of Its Intention to extend the Lease, at least ten days prior to the end of the Initial Lease Term. Landlord may termmate such month to month tenancy at any time after the Imtwl Lease Term by sending the Tenant thirty (30) days prior written notice of Its intent to terminate. The option to extend may only be exercised for six (6) months and this Lease will not be extended beyond October 15,2006. 4. Use of Premises. The R~ntal Space may be used for the parking and storing of new and overflow rental motor vehicles and for no other purposes. If the aforesaid use by the Tenant is ever prohibited or substantially impaired by law or by restriction by Landlord or other instruments of record, Tenant shall have the immediate right to terminate this lease. Notwithstanding anything contained herein to the contrary, Landlord may terminate this Lease at any time during the Initial Lease Term or any extension by sending the Tenant Thirty (30) days prior written notice of its intent to terminate. In the event of such early termination, Tenant shall be responsible for rent for such time it actually occupied the premises. (a) Possession and Use. The Landlord shall gi ve possessIOn of the Leased Premises/Rental Space to the Tenant for the Initial Lease Term. The Tenant shall take possession of and use the Leased Premises/Rental Space for the purposes stated above. Tenant shall comply with all laws and ordinances and regulations as may be amended applicable to its use of the Leased Premises/Rental Space. Tenant shall have reasonable ingress and egress to the Leased Premises/Rental Space as disclosed on Exhibit "A" attached hereto. 5. Condition of Premises: Tenant stipulates that it has examined the Leased Premises/Rental Space including the grounds and that they are at the time of this Lease in good order and repair and in safe and clean condition. Furthermore, Tenant shall maintain the Leased Premises/Rental Space in good condition and in all respects satisfactory to Landlord during the continuance of this Lease. 6. Subletting. Tenant shall not assign or sublet the Leased Premises/Rental Space in whole or in part or grant any concession or license to the Leased Premises/Rental Space. An assignment subletting concession or license on assignment or subletting by operation of law shall be void and shall at Landlord's option terminate this Agreement. 7. Real Estate Taxes. The Tenant shall pay all real estate taxes and assessments on the land during the Initial Lease Period. 8. Quiet Enjoyment. The Landlord has the right to enter into this Lease. If the Tenant complies with this Lease, the Landlord must provide the Tenant With undisturbed possession of the Leased Premises/Rental Space subject to the terms and conditions of this Agreement. 2 9. Alterations. The Tenant may not make any changes or additions to the Leased Premises/Rental Space without the Landlord's written consent which Landlord may withhold in its reasonable discretion. Any changes or additions made without the Landlord's written consent shall be promptly removed by Tenant. 10. Tenant's Obligations. Tenant shall: (a) Keep the Leased Premises/Rental Space in clean and sanitary condition. including snow removal; and (b) Properly dispose of rubbish, garbage and waste In a clean and sanitary manner and at reasonable and regular intervals; and (c) Not intentionally or negligently destroy, deface. damage. impair or remove any part of the Leased Premises/Rental Space, its appurtenances, facilities, equipment, nor to permit any invitees, licensees, or other persons acting under Tenant's control to do so; and (d) Not permit a nuisance or commit waste; and (e) Make a1l repairs to the Leased Premises/Rental Space which are not the responsibility of the Landlord; and (f) Not keep or have on the Leased Premises/Rental Space any article or thing of a dangerous, inflammable or explosive character that might increase the chance of eruption of fire on the rental space or ordinarily would be considered hazardous or extra hazardous by any reasonable insurance company. (g) Not conduct any fueling or vehicle maintenance operations on the Leased Premises/Rental Space. II. Signs. The Tenant may place any sign at the entrance on or about the Leased Premises/Rental Space so long as it conforms to the applicable mUIllclpal and county ordinances and regulations and state and federal law. 12. Access to Rental Space. The Landlord shall have access to the Rental Space at reasonable times upon notice to the Tenant to: (a) Inspect the Rental Space; (b) Make necessary repairs, alterations or improvements; (c) Supply services; and (d) Show it to prospective buyers, mortgagees, lenders. contractors or Insurers. 3 13. Fire and Other Casualtv Either pm1y lll~lY cancel thl LC~lSC if the Leased Premises/Rental Space is materially damaged by fire or other casualty. 14. Insurance. Tenant shall obtain and maintam in effect during the term of this Agreement and any extension, commercial general liability insurance and comprehensive public liability insurance covering claims for personal and bodily injury, property damage OCCUlTing on and or about the rental space with the I1mit of at least $1.000,000.00 combined single limit per occurrence. The pm1ies agree that the Tenant may self insure. A certificate of insurance evidencing the coverage to be maintained hereunder by the Tenant shall be delivered to the Landlord at the time this Lease is executed. Such liability insurance shall name the Landlord as an additional insured. Failure to obtain and/or maintain such insurance shall be a default under the terms of thIS Lease. 15. Indemnification. Tenant shall indemnify and hold harmless the Landlord, its Board of County Commissioners and the Eagle County Air Terminal Corporation and the individual members thereof, its commissioners, agencies, departments, officers, agents. employees, servants or its successors from any and all fines, demands, losses, liabilities, claims, damages and judgments including attorney's fees together with all costs and expenses incident thereto which may accrue against, be charged to, or be recoverable from the Landlord, its Board of County CommiSSIoners and its individual members thereof, its commissioners, agenCies, departments, offIcers, agents, employees or servants and its successors as a result of the willful or negligent acts, errors, or omissions of Tenant. its employees or agents in connection with Tenant's use and occupancy of the Leased Premises and the Rental Space except to the extent such injury or damage results from the willful acts of the Landlord or any of the Landlord's representatives. Additionally, the parties mutually agree that no CommiSSIoner or officer or employee of the Landlord nor any officer, manager, member, agent or employee of the Tenant shall be held personally liable under this Agreement or because of its enforcement or attempted enforcement. The parties further agree that this clause shall not waive the benefits or provisions of Colorado Revised Statute 24-10-114 or any similar provision of law. 16. Environmental. Tenant agrees to indemnify, defend. protect and hold Landlord harmless from any liability incurred by Landlord occurring hy reason of the existence of hazardous substances on the Leased Premises/Rental Space arISing out of the acts of Tenant, its employees, customers, agents, or licensees. Hazardous substances shall mean those materials defined as hazardous materials, hazardous waste or hazardous substances under CERCLA P.L. 96-510, as amended, or any other local, state or federal law. 17. Surrender of the Premises. At the expiration of the term of the Lease as the same may be extended, Tenant will quit and surrender the Leased Premises/Rental Space to Landlord. In the event that the Tenant fails to sUIl'ender the Leased 4 Premises/Rental Space and remains in possession of the Leased Premises/Rental Space without the pennission of Landlord or without a valid extension as provided herein, Tenant shall pay Landlord flat rate rent of $3,040.00 per month and such continued occupancy shall be considered a month-to-month tenancy" 18. Requirements Upon Termination of Lease. Upon terminatIOn of the Lease, the Tenant shall clean the Leased Premises/Rental Space and return the same to Landlord in its initial condition, except for reasonable wear and tear. 19. Default. The Tenant promises and agrees that if default be made in the performance under any of the conditions under this Lease that this Lease may be fOlthwith terminated at the election of the Landlord and the Tenant wi II sUIl"ender and deliver up possession of the Leased Premises/Rental Space to the Landlord within three business days of receiving written notice from the Landlord stating the breach of the conditions of this Lease. In the event that it shall become necessary for the Landlord to employ an attorney to enforce any of the provisions hereof, or to enforce the collection of any amounts due under the terms of this Lease Landlord shall be entitled to recover all costs, including reasonable attorney's fees. Such costs shall be required to be paid to cure any outstanding default. 20. Notices. Any notices provided for herein shall be in writing and shall be delivered in person or mailed by certified or registered mail, return receipt requested, postage prepaid, to the party for whom intended at the address set forth below. Frontier Rental, Inc. Attention: Brad Ghent 0216 Eldon Wilson Road Gypsum, CO 81637 County of Eagle, State of Colorado Attention: Ovid Seifers, Airport Manager P.O. Box 850 Eagle, CO 81631 With a copy to: Eagle County Attorney P.O. Box 850 500 Broadway Eagle, Colorado 81631 Either party may change its address by written notice to the other party. Notices are deemed to have been given effective as of the date of delivery if personally delivered, and as of the third day after mailing, if mailed. 5 21. Duty to Obtain ReQuired Permits. Tenant shall at its sole expense, obtain and maintain in good standing all proper and necessary permlts and licenses necessary to cany out and perform Its obligations under thiS Agreement. 22. No Private Cause of Action. The rights herein contracted 1m shall inure solely for the benefit of the parties to this Agreement, and nothing herein shall be construed to grant a cause of action to non-parties claiming as third party beneficiaries or otherwise. 23. No Waiver. The failure of the Landlord to insist in anyone or more instances upon a strict compliance of any of the obligations, covenants and agreements herein contained or the failure of the Landlord and anyone or more instances to exercising the option, privilege or right herein contained shall in no way be construed to constitute a waiver or relinquishment or release of such obligation, covenant or agreement and no forbearance by the Landlord or any default hereunder shall in any manner be construed as constituting a waiver of such default by the Landlord. 24. Amendments. All amendments to this Agreement must be made in writing by mutual agreement of the parties and no oral amendments shall be of any force or effect whatsoever. 25. Entire Agreement. This Agreement supercedes all prevIous communications, negotiations and/or contracts pertaining to the respective parties hereto, if any, either verbal or written and the same not contained herein are hcreby Withdrawn and annulled. 26. Governing Law. The laws of the State of Colorado shall be controlling and any action between the parties hereunder shall be brought in the County of Eagle, State of Colorado. 27. Binding Effect. The covenants and conditions herein contained shall apply and bind their heirs, legal representatives, assigns of the parties hereto and all covenants are to be construed as conditions of this Lease. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the year and date first above written. LANDLORD: EAGLE COUNTY. STATE OF COL ADQ BY A>JD THROLGH ITS OUNTY COMMISSIONERS '- 6 TENANT: Frontier Rental. Ine Ti 7 -_.~>- HERTZ: A VISlBUDGET: 65,340 sa.Fri., 1.5 ACRES 65,340 SQ. FT., 1.50 ACRES 187' X 350' MORE OR LESS 187' X 350' MOR,E OR LESS