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HomeMy WebLinkAboutC07-231 Allan Nottingham_lease4 & HANGAR LEASE T S HANGAR LEASE ("Lease"), made and entered into this 5 1 day of 2007, between Eagle County, Colorado, acting by and through its Board of County C missioners, "Lessor," and Allan Nottingham, "Lessee." WITNESSETH: WHEREAS, the Lessor is the owner and operator of the Eagle County Regional Airport together with the land on which said airport is situated, and WHEREAS, Lessor is owner of an airplane hangar depicted as "Nottingham" in Exhibit "A," attached hereto; and WHEREAS, Lessee is desirous of leasing the hangar. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Leased Premises: The Lessor hereby leases unto the Lessee for the term and upon the rental and conditions hereinafter stated, the real property consisting of the hangar described in Exhibit A attached hereto and made a part hereof situated in the County of Eagle, State of Colorado and commonly described as the Nottingham Hangar ("Leased Premises"). As a part thereof, Lessee shall have the right of ingress and egress over the Airport to and from the Leased Premises, by routes of travel designated from time to time by Lessor and subject to such security rules as may, from time to time, be imposed by Lessor or the F.A.A. 2. Term: The Term of this Lease is four years. The Lease Term shall commence June 1, 2007 and shall end May 31, 2011. Rental Rate and Other Fees: A. Lessee shall pay to Lessor a monthly rent of $156.00 for each month of the Term. After the first payment of rent, the rent shall be due and payable in the administrative offices of the Eagle County Regional Airport on the 1 st day of each month of the Term hereof. The first payment of rent is due at the commencement of the lease. B. The rent will be adjusted effective June 1 in the calendar year in which falls the first anniversary of the commencement of the Lease Term, and each June 1 annually thereafter. The adjustments will be calculated by determining the consumer price index for all urban consumers ("CPI -U") for the month of June in the year in which the Lease Term commences and the CPI -U for the same month of each year thereafter for the entire Term of the Lease. In the event that CPI -U in any succeeding year is greater than the initial index, the annual rental for the following year shall be adjusted accordingly. In the event the CPI -U is no longer published, rent shall be adjusted in accordance with a comparable index as determined by Lessor in its sole judgment. If the index is not available for June, the index for the most nearly comparable month or period, in the sole judgment of Lessor, shall be used. By way of example: The annual base rent shall be indexed commencing with the rental payment in 2007, as follows: 1. the month of June 2007 shall be the "base month" and the denominator; 2. the month of June of each succeeding year shall be the "anniversary month" and the numerator; 3. the index shall be the West Region Consumer Price Index for All Urban Consumers, All Items (1982-84=100) published by the U.S. Bureau of Labor Statistics; and 4. the "adjusted rent" shall be determined by multiplying the "base rent" times a fraction, the numerator being the particular "anniversary month" index and the denominator being the "base month" index. C. Any rent overdue for more than ten (10) days will have an additional fee added to cover extra administrative costs. The additional fee will equal ten percent (10.0%) of the current monthly rent. In the event the Airport is required to initiate any collection procedures or costs to collect any unpaid rent from Lessee, the Lessee shall pay all of the Airport's expenses in connection therewith, including reasonable attorney's fees. D. Lessee will be responsible for all costs to extend utility lines to the hangar including all costs associated with connection fees, tap fees, meter fees, and any other fees that may be charged by the utility companies associated with the Lessee's hangar. 4. Improvements and Use: A. Lessee will not alter, paint or improve the completed hangar except to the extent required to maintain its original state. Any alteration, painting or improvements must receive prior written approval from the Lessor. B. If Lessee shall make any improvements to the Leased Premises, those improvements shall be the sole financial responsibility of the Lessee. Improvement plans must be approved by Airport Administration and if required, the Eagle County Board of County Commissioners. These plans must contain details pertaining to site drainage, auto parking, side walks, landscaping, specific site layout, construction details, fire protection systems, utility improvement plans, building design, architectural profiles showing shape and colors, and any other specific items as may be reasonably required by the Lessor. The improvements shall be constructed in a good and workmanlike manner and in accordance with the applicable resolutions, rules and regulations of the Airport. Lessee shall obtain all necessary permits and approvals before beginning construction, including but not limited to, a building permit issued by Eagle County or Town of Gypsum, whichever government has jurisdiction. Before beginning any construction or construction preparation work on the Premises (including remodeling, additional construction and reconstruction after the original improvements have been constructed), Lessee shall provide Lessor a completion bond, assuring the completion of the construction, and a separate payment bond, assuring the payment of all contractors, subcontractors, laborers and material suppliers for the construction, each in the principal amount of 110% of the estimated total costs of the construction and from sureties satisfactory to Lessor. All bonds shall be in forms satisfactory to Lessor, and be executed by such sureties as (a) are licensed to conduct business in the state of Colorado, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond furnished by Lessee is declared bankrupt, or becomes insolvent, or its right to do business in the state of Colorado is terminated, or it ceases to meet the requirements set forth herein, Lessee shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to Lessor. C. Lessee grants to users of the Eagle County Regional Airport the right to operate on its aircraft ramp areas from time to time for passage of aircraft on the adjacent ramps and/or taxiway moving through this area of the Airport. Lessor reserves the right at any time it is deemed in the best interest of the Airport to allow other Lessees or the Lessor to connect onto the ramp built by Lessee with additional taxiway or ramp areas. D. The Leased Premises and the improvements to be erected and constructed thereon shall be occupied by Lessee only as a hangar facility for the storage of aircraft owned or leased by Lessee, routine maintenance of aircraft so stored, and for such other purposes directly related to such uses. Lessee and its sublessees shall have no right to utilize the Leased Premises, or any improvement thereon, other than as specifically allowed under this paragraph, and it is specifically understood the Leased Premises shall not be used for living quarters, aviation fixed base operations or any commercial aviation operation. The operation of any commercial aviation activity within Lessee's hangar without first obtaining the written approval from Lessor is cause for Lessor to immediately terminate this Lease, with or without notice or opportunity to cure. E. Lessee's regular employees having valid and current A&P ratings, and Lessee's non-employee pilots with such ratings hired to fly as Pilot in Command on a regular basis, may perform routine maintenance as defined in FAR Part 43, Appendix A, Subparagraph C, or as may be updated or revised from time to time, on Lessee's aircraft stored at the Leased Premises. However, Airport Rules and Regulations do not permit a certified aircraft mechanic to perform commercial aircraft maintenance services for the Lessee without first entering into agreement with the Eagle County Board of Commissioners as an authorized commercial aviation business permitted to conduct those services on the Airport. F. The storage and accumulation of flammable, explosive liquids or solids, waste, debris or other hazardous materials is not permitted within the hangar or adjacent to the hangar with the exception of up to two (2) cases of engine oil. Lessee shall maintain the Leased Premises in accordance with all applicable laws, orders, rules, ordinances and regulations of any agency having jurisdiction over environmental risks, materials handling, and wastes, including but not limited to, the Fire Protection District, State of Colorado and Environmental Protection Agency. The Lessee shall be responsible for all costs associated with mitigating any contamination of the soil or improvements thereon which is caused by the Lessee. G. All improvements constructed on the Leased Premises shall be constructed in accordance with all, if any, Airport improvement standards applicable to such improvements as of the date of commencing construction (or date of issuance of building permit, if applicable, if work is commenced promptly thereafter), as those standards may be adopted and/or revised from time -to -time at Lessor's sole discretion. H. Lessee shall not park or leave aircraft on the taxiways or on pavement adjacent to the hangar in a manner which unduly interferes with or obstructs access to adjacent hangars, provided that this does not prohibit temporary parking while moving and repositioning aircraft stored in the hangar. Parking of automobiles will be permitted only in designated parking areas or within the hangar. I. No outside aircraft storage is allowed. J. No outside storage of equipment or materials is allowed. Maintenance Obligations: A. Lessee, at its expense, shall keep the improvements on the Leased Premises in good repair and maintenance, and in a safe, sanitary, orderly, and sightly condition, all at its own risk and expense; provided that electrical, plumbing, roof and structural repair and window replacement are the Lessor's responsibility. B. Snow removal from Leased Premises is the responsibility of Lessee. Snow removal may be performed by Lessor as a courtesy and is not an obligation of the Lessor. Lessor may cease to provide snow removal to Lessee or snow removal may not be provided on a particular occasion, at Lessor's sole discretion. Lessor may opt to provide the service only for a fee. Lessee acknowledges that unless Lessee demands in writing that Lessor cease any such snow removal, Lessor shall have no liability whatsoever for any damage to the Leased Premises caused by such snow removal. 6. Title to Improvements; Removal of Equipment: All improvements erected and constructed on the Leased Premises pursuant to this Lease are and shall be permanently and inseparably attached to the real property and title to same shall be vested in the Lessor when this Lease terminates for whatever cause. Lessee may remove from any building constructed on the Leased Premises tools and equipment used in conjunction with the storage and maintenance of Lessee's aircraft, including, but not limited to, such items as compressors, cranes and lift, so long as Lessee repairs any damage to the Leased Premises occasioned by such removal, and does not cause any structural damage or remove items permanently attached to the building. 7. Signs: Lessee shall not erect, paint or maintain any signs whatsoever upon the Leased Premises without first securing the written consent of the Eagle County Board of Commissioners. Any such signs shall comply with all regulations of the Eagle County and standards which might be developed by the Airport. 8. Right of Inspection: A. The Lessor reserves the right to enter the Leased Premises during reasonable business hours for the purpose of inspecting and protecting such premises, and of doing any and all things which the Airport may deem necessary for the proper general conduct and operation of the Eagle County Regional Airport, and in the exercise of said Airport's police power. B. Lessee grants the Lessor the right to enter the Leased Premises and to do what is necessary for the purposes of inspecting, repairing, replacing and/or maintenance work on or under the Leased Premises. C. When exercising its rights under this Section 8, Lessor will give Lessee ` reasonable notice, if circumstances allow, of its plans to enter the Leased Premises. 9. Taxes, Licenses and Obligations: Lessee covenants and agrees to pay when due all taxes, license fees, permit fees and other obligations it incurs, if any, of whatever nature, applicable to Lessee's operation on the Leased Premises. This does not prevent Lessee from contesting in a formal manner provided by law that such taxes, fees and obligations are due or are due in the amount claimed. 10. Liens: Lessee covenants and agrees not to permit any mechanic's or materialman's lien to be foreclosed upon the Leased Premises or improvements thereto and thereupon, or any part or parcel thereof, by reason of any work or labor performed or materials furnished by a mechanic or materialman. Lessee further covenants and agrees to pay promptly when due all bills, debts and obligations incurred by it in connection with its operations on the Leased Premises, and not to permit the same to become delinquent, and to suffer no lien, mortgage, judgment or execution to be filed against said property or improvements thereon which will be in any way an impairment of the rights of Lessor under this Lease. 11. Indemnification: Lessee assumes the risk of loss or damage to all personal property, including airplanes, stored in or using the Leased Premises. Lessee covenants and agrees that it will indemnify and save harmless Lessor from all demands, claims, costs, causes of action or judgments, and from all expenses that be incurred, in investigating or resisting the same, arising from or growing out of the use of the Leased Premises by Lessee, its contractors, agents, members, stockholders, employees, invitees, servants, sub -tenants, successors and assigns. 12. Insurance: At all times during the Term of this Lease, Lessee agrees that it will, at its own cost and expense, have and keep in force insurance with coverage for: A. Property damage insurance for full market value of all airplanes stored on the Leased Premises; B.. Public liability insurance in a reasonable amount as determined from time to time by the Lessor and Lessee but no less than $150,000 per person and $600,000 per occurrence or other limits as may be set for governments by the Colorado Governmental Immunity Act. Eagle County is to be named as co-insured. C. Property damage insurance for the full replacement cost of the hangar and associated improvements. Eagle County is to be named as co-insured. The proceeds of any insurance shall be used to repair any damage or destruction to the hangar. If Lessee subleases space in the hangar pursuant to this Lease, Lessee may require (by the written terms of the sublease) the sublessee to carry the property damage insurance for all of sublessee's planes stored pursuant to the sublease, provided that such coverage meets all of the terms of this Lease including the provision of a certificate of insurance to Lessor. Lessee shall provide Lessor certificates of insurance demonstrating such coverage not later than the date of commencement, and upon occupancy of the hangar, which shall be updated upon all renewals and changes in coverage. The certificate(s) shall provide that the insurance may not be materially changed, altered, or canceled by the insurer without first giving ten (10) days written notice by certified or registered United States mail, return receipt requested, to the Lessor. Lessee shall not violate the terms or prohibitions of any insurance policy herein required to be furnished by Lessee. 13. Damage or Destruction: If the hangar is damaged by fire, the elements, the public enemy, or other casualty, such hangar shall not be repaired at Lessor's sole option, in which case Lessor may terminate this Lease effective as of the date of notice, exercised by giving written notice thereof to the other within thirty (30) days after the damage. 14. Surrender and Holding Over: Lessee covenants that at the expiration of the Term, it will quit and surrender the Leased Premises in good state and condition, reasonable wear and tear excepted. Lessee further covenants and agrees that, except as provided in Section 6, all fixtures, improvements, equipment and other property brought, installed, erected, attached, or placed by Lessee in, on or about the Leased Premises shall remain on the Leased Premises as the property of the Airport. Lessor shall have the right on termination to enter upon and take possession of the Leased Premises, with or without process of law, without liability for trespass. Should Lessee hold over, with the written approval of Lessor, such holding over shall be deemed merely a tenancy for successive monthly terms upon the same terms and conditions as provided in this Lease. 15. Inconvenience During Construction 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, maintenance 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. 16. Place and Manner of Payments: In all cases where Lessee is required by this Lease to pay any rentals, rates, fees or other charges or to make other payments to Lessor, such payments shall be made at the Administration office of the Eagle County Regional Airport, by mail to Airport Manager, P.O. Box 850, Eagle, Colorado 81631, or at such other place as Lessor may hereafter designate by notice in writing to Lessee and shall be made in legal tender of the United States and any check shall be received by Lessor subject to Collection. Lessee agrees to pay any bank charges made for the collection of any such checks. 17. Assignments and Subletting Lessee may not assign this Lease. Lessee may not sublease all or any portion of this Leased Premises. 18. Agreements with United States: This Lease Agreement is subject and subordinate to the terms, reservations, restrictions, provisions, and conditions of any existing or future agreement between the Lessor and the United States relative to the operation or maintenance of the Eagle County Regional Airport and its appurtenant facilities, the execution of which has been or may be required as a condition precedent to the participation by any Federal Agency in the extension, expansions, or development of Airport facilities. 19. Cancellation or Termination: A. Lessor may cancel and terminate this Lease, and may repossess the Leased Premises in the event any installment of rent, or other payment provided for herein, is in arrears, and remains unpaid for a period of sixty (60) days after the same is due, upon giving ten (10) days written notice to Lessee and to any mortgagee of Lessee, of its intention to so terminate, at the end of which time all the rights of Lessee hereunder shall terminate unless such payment, which shall have been stated in such notice, shall have been paid. In the event Lessor is required to give the written notice provided above, Lessor shall be entitled to charge a notice fee of $150.00. Said fee shall be required to be paid as a part of any payment necessary to cure any default. At Lessor's option, Lessor may terminate this Lease by giving written notice thereof upon Lessee's default in the timely payment of rent for the third time in any 12 -month period and Lessee then shall have no right to cure. B. If Lessee abandons the Leased Premises, Lessor may at its option cancel and terminate this Lease, or may, without terminating the Lease, enter upon and take possession of the Leased Premises with or without process of law and without liability for trespass. C. If Lessee is in default of any other obligation under this Lease for a period of fifteen days after written notice of such default is given by Lessor, Lessor at its option may terminate this Lease effective upon giving notice of termination. If Lessee is in default of the same or similar obligation four times during the term of the Lease, Lessor may terminate this Lease immediately by giving written notice of the termination and Lessee then shall have no right to cure. D. The Lessee hereby waives any demand for the possession of the Leased Premises in the event of the forfeiture of this Lease, and agrees that the written notice of default hereinbefore provided may be mailed via first class mail by the Lessor to the Lessee or its legal representatives, or assigns, to such address in the United States as shall have been last furnished in writing by the Lessee to the Lessor, and that, if the Lessee shall not have so furnished an address as above specified, then such notice may be conspicuously posted in the main entrance or in front of the Leased Premises, and the giving of such notice in either of the ways above specified shall constitute a good and sufficient notice for the purposes of declaring a default of this Lease under the terms and provisions hereof in all cases whereby the terms of this Lease a notice of default is required to be given by Lessor. E. If the Leased Premises are conveyed by mortgage or trust deed by Lessee, and if the Lessor is notified in writing of such mortgage or deed of trust and of the name and address of the mortgagee or trustee named therein, then so long as such mortgage or deed of trust shall continue in force, notice of default, of the same kind and in the same manner and for the same length of time as is required to be given to Lessee hereby is required to be given to said mortgagee or trustee. F. Notwithstanding anything contained herein to the contrary, Lessor shall have the right to terminate this lease, without cause, by giving written notice of the termination to Lessee ninety (90) days prior to said termination. Lessee shall be responsible for rent up to said termination date. 20. Notices: All notices required to be given to Lessor hereunder shall be in writing and be personally delivered or sent by first class mail, postage prepaid, to: If by mail: Eagle County Regional Airport P.O. Box 850 Eagle, Colorado 81631 If by personal delivery: Airport Administrative Offices 219 Eldon Wilson Road Gypsum, Colorado 81637 All notices required to be given to Lessee hereunder shall be in writing and personally delivered or sent by first class mail, postage prepaid, addressed to: Allan Nottingham P.O. Box 5500 Eagle, Colorado 81631 The parties, or either of them, may designate in writing from time to time subsequent or supplementary persons or addresses in connection with said notices. The effective date of service of any such notice shall be the date such notice is delivered or three days after it is postmarked. 21. Compliance with Laws and Airport Rules and Regulations: In occupying the Leased Premises, including constructing improvements thereon, Lessee shall comply with all federal, state and local laws, orders, rules, ordinances and regulations applicable to the occupancy, in addition to the environmental laws previously mentioned. Lessee shall observe and obey all Eagle County Airport rules and regulations, including, but not limited to, the Minimum Standards, Security Manual, storm water management plan, Access Control Plan, and Noise Abatement Plan, as they now exist or may hereafter be promulgated and amended. Lessee shall also comply with the terms, requirements and limitations of any plans, permits or licenses which it may be required to obtain or comply with pursuant to any such laws, rules, regulations and /or standards. 22. F.A.A. Lease Requirements: A. The Lessor reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of Lessee, and without interference or hindrance. B. The Lessor reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. C. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations with respect to improvements on the Leased Premises. D. It is understood and agreed that nothing contained in this Lease Agreement shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act. E. There is hereby reserved to the Lessor, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Leased Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the air, using said airspace for landing at, taking off from, or operating on the Eagle County Regional Airport. F. Lessee by accepting this Lease Agreement expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the Leased Premises above that elevation established by Lessor. In the event the aforesaid covenant is breached, the Airport reserves the right to enter upon the Leased Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the Lessee. G. Lessee will not make use of the Leased Premises in any manner which might interfere with the landing and taking off of aircraft from the Eagle County Regional Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the County reserves the right, without notice, to enter upon the Leased Premises and cause the abatement of such interference at the expense of the Lessee. 23. Noise Abatement Duties of Lessee. All aeronautical operations by Lessee, its agents and employees shall comply with the Airport's noise abatement plan, rules and regulations ("Noise Abatement Plan") as they now exist or may hereafter be adopted and amended unless, in the judgment of the pilot in command, operations in compliance with that Plan, under the circumstances then existing, would result in an unreasonable risk of harm to person or property, and there is no prudent or feasible alternative to deviation from the standard contained in the Plan. Lessee shall distribute to pilots departing its facility a copy of the Noise Abatement Plan, and cooperate with Lessor to implement such additional noise abatement procedures as may be adopted in the future. 24. EAirfield Access Control. This paragraph blank. 25. Blast Fencing. This paragraph blank. 26. De -Icing Operations. Lessee shall prepare and submit to the Lessor for approval, a de-icing plan that specifies the manner and location of de-icing operations it will conduct on the Airport. Lessee shall conduct de-icing operations only at locations and in the manner specified in its approved de-icing plan, and pursuant to all applicable laws, rules and standards, including reasonable de-icing standards as may be adopted by the Lessor. Should any governmental authority with jurisdiction impose operational, capital or other requirements on the Lessor with respect to de-icing operations on the Airport, or the collection and/or recycling of used de-icing fluids or their residue, Lessee shall timely comply with such requirements at its cost and expense with respect to its de-icing operations. 27. Relocation by the Lessor. In the event that proper development of the Airport requires that any part of the Leased Premises be devoted to a different use not in direct competition with Lessee, the Lessor shall have the right, upon one hundred eighty (180) days advance written notice to Lessee, and without cost or expense to Lessee, to relocate all or a part of the Leased Premises and the improvements. Said relocated Premises shall be of no less area, and as conveniently located as is reasonable, considering all demands for space at the Airport. All of Lessee's improvements and trade fixtures shall, without cost or expense to Lessee, be relocated or replaced on said relocated Premises, and this Lease shall continue in effect with respect to such relocated Premises. The Lessor shall reimburse Lessee for net financial losses, if any, directly attributable to an interruption of business operations caused by any such relocation. 28. Availability of Governmental Facilities. In the event the existence, maintenance or operation of air navigation aids or other facilities supplied or operated by the United States or the State of Colorado at or in conjunction with the Airport are discontinued, the Lessor shall have no obligation to furnish such facilities. 29. Miscellaneous: A. This Lease shall be binding on the assigns, transferees, heirs, executors, successors, and trustees of the parties hereto. B. No failure to strictly enforce the terms of this Lease shall be deemed a waiver by Lessor unless such waiver is in writing executed by the Eagle County Board of Commissioners. No waiver by the Lessor of any failure by Lessee to comply with any term or condition of this Lease shall be construed to be a waiver of any other failure by Lessee to comply with the same or any other term or condition of this Lease. C. In the event possession of the Leased Premises and the improvements thereon is assumed by the United States of America, or other authorized agency, under any emergency powers, the rent due under this Lease shall abate for the period of such possession. In such event the Lessee shall not be responsible for any of the other covenants in this Lease until possession by the United States of America shall terminate. In the further event that Lessee shall be reimbursed by the United States of America or other authorized agency for its assumption of possession, then the rental provisions of this Lease shall remain in effect, but provided further, however, that if said reimbursement is less than the amount of rental herein provided, the Lessee shall be required to pay to the Lessor only such amount of reimbursement as it shall receive from the United States of America or other authorized agency. D. The Federal Aviation Agency and Lessor are hereby granted the right and privilege by Lessee to place on and around the Leased Premises, without cost to the Lessor, whatever instruments and equipment they desire during the terms of this Lease, so long as said instruments or equipment do not interfere with the intended use of the Leased Premises by the Lessee. E. The Lessee for himself, his 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 original shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (ii) that in the construction of any improvements, or 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; (iii) that the Lessee shall use the Leased Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department or 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, and as said Regulations may be amended. Lessee shall also submit to Lessor within 60 days of receiving a certificate of occupancy two (2) complete sets of as -built drawings for all of the improvements with an itemization of the cost thereof. F. All amendments to this Lease must be made in writing executed with the same formality as this original Lease; no oral amendments shall be of any force of effect whatsoever. G. The Lessor shall have no responsibility or liability to furnish any services to Lessee other than those specified in this Lease, but Lessee may negotiate with Lessor for any additional services it may request and shall pay for such additional services the consideration so negotiated. next page is signature page IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. LESSOR: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS w By: Clerk to the Board of �InRapp Am-m4wee� r` County Commissioners Chairman Arca LESSEE: By. nottingham_2007