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HomeMy WebLinkAboutC14-188 Hy Mountain Transportation Inc. Lease LEASE q This Lease Agreement ("Lease") made this ?day of APrC k , 2014 between Eagle County, State of Colorado, ("Landlord") and Hy Mountain Transportation, Inc., a Colorado corporation d/b/a High Mountain Taxi, Inc. ("Tenant"). WITNESSETH: WHEREAS, Landlord owns, controls and operates the Eagle County Airport, ("Airport") located in the County of Eagle, State of Colorado; and WHEREAS, the Tenant desires to lease and use a portion of certain land at the Airport for storage of up to 19 motor vehicles; and WHEREAS, 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, in consideration of the foregoing premises and following promises, 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 ("Leased Premises/Rental Space" or separately "Leased Premises" or "Rental Space"). 1. Rental Space. The Rental Space consists of: nineteen (19) vehicle spaces located at the Airport as highlighted in Exhibit"A." The Rental Space is subject to relocation at the discretion of Landlord. Landlord will make reasonable effort to provide 72 hours notice when relocation of some or all Rental Space is required. Landlord's notice to Tenant may be less than 72 hours depending on purpose of Rental Space relocation. 2. Rent. The rental fee for the Initial Lease Term shall be $285.00 per month ($15.00 per vehicle), (annual rate of$3,420.00). Therefore, rent for the Initial Lease Term shall be $1,995.00 and shall be payable on or before June 15, 2014. 3. Initial Lease Terms. Unless earlier terminated as set forth herein, the initial lease term shall be effective May 1, 2014 and shall continue in effect up to and including November 30, 2014 (hereinafter referred to as the "Initial Lease Term"). 4. Use of Premises. The Rental Space may be used for the parking and storing of up to nineteen (19)motor vehicles and for no other purposes. If the aforesaid use by 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 by sending 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 Rental Space. • I (a) Possession and Use. Landlord shall give possession of the Leased Premises/Rental Space to Tenant for the Initial Lease Term. 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 shown 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. Further, 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. Any such assignment, subletting, concession or license shall be void and shall, at Landlord's option, terminate this Lease. 7. Real Estate Taxes. Tenant shall pay all associated real property taxes and assessments on the Leased Premises during the Initial Lease Term. 8. Quiet Enjoyment. Landlord has the right to enter into this Lease. If Tenant complies with this Lease, Landlord must provide Tenant with undisturbed possession of the Leased Premises/Rental Space subject to the terms and conditions of this Lease. 9. Alterations. Tenant may not make any changes or additions to the Leased Premises/Rental Space without Landlord's prior written consent which Landlord may withhold in its reasonable discretion. Any changes or additions made without Landlord's prior 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 2 (e) Make all repairs to the Leased Premises/Rental Space that are not the responsibility of 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. 11. Signs. Tenant may not place any signage at the entrance on or about the Leased Premises/Rental Space. 12. Access to Rental Space. Landlord shall have access to the Leased Premises/Rental Space at reasonable times upon notice to Tenant to: (a) Inspect the Leased Premises/Rental Space; (b) Make necessary repairs, alterations or improvements; (c) Supply services; and (d) Show the Leased Premises/Rental Space to prospective buyers, mortgagees, lenders, contractors or insurers. 13. Fire and Other Casualty. Either party hereto may cancel this Lease if the Leased Premises/Rental Space is materially damaged by fire or other casualty. 14. Insurance. Tenant shall obtain and maintain in effect during the term of this Lease and any extension, commercial general liability insurance and comprehensive public liability insurance covering claims for personal and bodily injury, property damage occurring on and or about the Leased Premises/Rental Space with the limit of at least $1,000,000.00 combined single limit per occurrence. The parties hereto agree that Tenant may self- insure. A certificate of insurance evidencing the coverage to be maintained hereunder by Tenant shall be delivered to Landlord at the time this Lease is executed. Such liability insurance shall name 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 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 3 from 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/Rental Space except to the extent such injury or damage results from the willful acts of Landlord or any of Landlord's representatives. Additionally, the parties mutually agree that no Commissioner or officer or employee of Landlord nor any officer, manager, member, agent or employee of Tenant shall be held personally liable under this Lease 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 by 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 or earlier termination of this Lease, Tenant will quit and surrender the Leased Premises/Rental Space to Landlord. In the event that Tenant fails to surrender the Leased Premises/Rental Space and remains in possession of the Leased Premises/Rental Space without the permission of Landlord or without a valid extension, Tenant shall pay Landlord a flat rate rent of$1,000.00 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, 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. 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 forthwith terminated at the election of Landlord and Tenant will surrender and deliver up possession of the Leased Premises/Rental Space to Landlord within three business days of receiving written notice from Landlord stating the breach of the conditions of this Lease. In the event that it shall become necessary for 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. High Mountain Taxi, Inc. 4 Attention Todd Gardner 214B Aspen Airport Business Center Aspen, CO 81611 Phone (970) 925-4475 Fax (970) 925-9409 County of Eagle, State of Colorado Attention: Aviation Director P.O. Box 850 Eagle, CO 81631 Phone (970) 328-2680 Fax (970) 328-2687 With a copy to: Eagle County Attorney P.O. Box 850 500 Broadway Eagle, Colorado 81631 Either party hereto 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. 21. Duty to Obtain Required Permits. Tenant shall at its sole expense, obtain and maintain in good standing all proper and necessary permits and licenses necessary to carry out and perform its obligations under this Lease. 22. No Private Cause of Action. The rights herein contracted for shall inure solely for the benefit of the parties to this Lease, 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 Landlord to insist in any one or more instances upon a strict compliance of any of the obligations, covenants and agreements herein contained or the failure of Landlord and any one 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 Landlord or any default hereunder shall in any manner be construed as constituting a waiver of such default by Landlord. 24. Amendments. All amendments to this Lease 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 Lease supersedes 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 hereby withdrawn and annulled. 5 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. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // 6 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the year and date first above written. LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By Keith P. Montag, County Manage TENANT: Hy Mountain Transportation, Inc. d/b/a High Mountain Taxi, Inc. By: e"" (L-reli.^f, ) Signature Print Name: i % A (2- K( / (,:_-- u Q.147) STATE OF C \b v c*C 0 ) ss. 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