HomeMy WebLinkAboutC15-509 Tim Benedickt Leasei � e
AIRPORT FACILITIES LEASE
,JHIS LEASE ( "Lease" or "Lease Agreement ") is made and entered into thist h
day of 6 , 2015, by and between Ea le Coup Colorado, a body corporate and
politic, hereinafter referred to as the "Lessor" an hq _ ,rjjijpd, hereinafter
referred to as "Lessee." Lessor and Lessee may be collectively referred to herein as the
"Parties."
WITNESSETH:
WHEREAS, Lessor owns and operates the Eagle County Regional Airport (hereinafter
referred to as "Airport") located in Eagle County, Colorado; and
WHEREAS, Lessor owns a hangar located on the north side of the Airport, at 0545 Airport
Road, Gypsum, Colorado, as more particularly identified in Exhibit A attached hereto and
incorporated herein by reference (the "Hangar "); and
WHEREAS, the Lessor, pursuant to Sections 30- 11- 107(1)(J), 414-101, 41-4 -106 and 41-4-
112, C.R.S., has the authority with respect to the operation of said Airport to lease space for
the purpose of providing aircraft housing through hangars to individuals and/or entities and to
exact the required fees therefore; and
WHEREAS, said leasing is declared to be a public governmental function, exercised for a
public purpose, and is declared a matter of public necessity; and
WHEREAS, Lessee is desirous of leasing a portion of the Hangar for the purpose of
storing/parking an aircraft owned and operated by Lessee, for storage of related supplies and
equipment and for maintenance of the aircraft by Lessee, Lessee's contractors or agents and
employees of Lessee; and
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the parties hereto agree as follows:
SECTION ONE
EXCLUSIVE USE OF LEASE OF HANGAR AREA
A. Lessor grants Lessee the exclusive use of that portion of the Hangar known as
Hangar Area No. 2 , as shown in the Hangar layout drawing attached as Exhibit B,
together with any and all improvements, wall space and storage space currently in said space
(the "Leased Premises "). Lessee acknowledges that the office space located within the
Hangar shall be divided equitably among tenants of the Hangar. In the event tenants of the
Hangar cannot agree as to an equitable sharing of such office space, Lessor shall make an
equitable division and shall assign use of such space to the tenants within the Hangar.
B. Lessee shall use the Leased Premises solely for the purpose of storing/parking
an airworthy aircraft, for preventative maintenance of the aircraft and for general aviation
related storage, such as storage of lockboxes, bins, boxes, tools, parts and other articles
necessary for Lessee's maintenance of the aircraft. Maintenance of the aircraft shall not be
done in a manner that would be unsafe, unsightly or detrimental to the efficient use of the
Airport facilities by others. Lessee will dispose of used oil or hazardous waste only in
r
1 4Eae RO / AS
By: By: County Attorney's O Vice
C15 -509 Eagle County Commissioners' Office
approved receptacles. Lessee shall not use the Leased Premises for any commercial purposes
(including but not limited to any aeronautical service provided to the public or Fixed Base
Operator activities). Any change in permitted uses shall be only with the prior written
consent of the Lessor and upon the terms described by the Lessor.
C. The aircraft assigned to the Leased Premises is described below. Such aircraft
must be owned by Lessee. Lessee agrees to notify Lessor within thirty (30) days of any
change in ownership of the aircraft described herein.
Aircraft make: /' iG�6 0 f }
Aircraft model: bL-
Aircraft Year: _ ie
Aircraft registration number:
Aircraft serial number: C
Aircraft registered owners: =17X
Aircmft owner Address and Phone Number:
Quantity and ID of Airport access keys:
SECTION TWO
TERM
A. Subject to earlier termination as hereinafter provided, the term of this Lease
Agreement shall expire one year from the first date listed above (the "Term "). If the Term
hereof shall commence or end upon a day other than the first day of a calendar month, the
Rent for the fractional month at the beginning of the Tenn shall be appropriately prorated.
B. Lessee shall have the option to extend the Term for two successive additional
one (1) year periods (which shall each be referred to herein as the "Extension Period ")
beginning at noon on the expiration date of the initial period of the Term as set forth in
Section 2.A. and ending at noon on such expiration date one year later. Each such option
shall be exercised by Lessee delivering written notice of exercise no more than six months
and no less than three months prior to the expiration date of the then current term. Such
notice shall be effective only if, on the date the notice is given, Lessee is not in default
hereunder. If Lessee fails to deliver any such notice in a timely manner, Lessee shall be
considered to have waived Lessee's option to extend the Term and the Term shall end on the
expiration date of the then current Term. If Lessee fails to timely and properly exercise the
first such option, it shall have no further options to renew. Upon the giving of such notice by
Lessee, the Term shall be automatically extended for the Extension Period covered by such
notice and the definition of "Term" set forth in Section 2.A. shall include such Extension
Period. Such Extension Period shall be upon all of the terms, covenants and conditions of this
Lease in effect during the initial period of the Term as set forth in Section 2.A. except that
Lessee shall have no further right to extend the Term after the expiration of the second
Extension Period or the then current term if notice is not given. As of the date each
Extension Period begins, this Lease shall be deemed modified in the manner set forth above
without further action by Lessor or Lessee, however both parties nevertheless agree to
execute a document amending this Lease in order to reflect such modifications if requested
by either party.
SECTION THREE
RENTALS AND CHARGES
A. The monthly rent for the Leased Premises is two hundred and fifty dollars
($250) ( "Rent "), payable on in advance and without demand on the first day of the month for
each and every month during the Term of this Agreement.
B. A security deposit equal to one month's Rent must be paid upon execution of
this Lease Agreement. Such deposit will be returned without interest within thirty (30) days
of termination of this Lease Agreement and upon a determination by the Airport Manager
that no cleaning or damage repair is required and further upon a determination that payments
have been paid in full. All or part of the deposit may be retained by Lessor to pay for
cleaning or repairs or unpaid fees and costs.
C. Lessee will be responsible for its proportionate share of all utility
consumption costs incurred during the Term of the Lease in connection with Lessee's use
and occupancy of the Leased Premises. Utility costs will be billed monthly in arrears and
divided equally among all Lessees occupying the Hangar during the utility billing period.
Payment shall be due thirty days from date of invoice. Utilities include electricity and
natural gas. Notwithstanding the foregoing, Lessee shall not be responsible for more than
one -third of the monthly utility consumption costs incurred during the Term of this Lease in
connection with Lessee's use and occupancy of the Leased Premises. Lessor shall not be
liable to Lessee for damages and there shall be no abatement of Rent if any utility becomes
unavailable from any public utility company or other utility supplier or distributor, or in the
event of any interruption in utility service caused by the making of any necessary repairs or
improvements or by any cause beyond Lessor's reasonable control, and the same shall not
constitute a termination of this Lease or any eviction of Lessee.
D. Any Rent not received by the 10a` of the month will be subject to a late fee of
ten percent (10 %) of the unpaid rent. Any utility payment overdue for more than thirty (30)
days will have an additional fee added to cover extra administrative costs. The additional fee
will equal 10% of the current monthly rental. In the event the County is required to initiate
any collection procedures or costs to collect any unpaid rent from Lessee, the Lessee shall
pay all of the County's expenses in connection therewith, including reasonable attorney's
fees.
E. All payments, charges and fees due and payable under this Lease Agreement
shall be payable to the order of Eagle County and shall be submitted and/or delivered to:
Eagle County Regional Airport
P.O. Box 850
Eagle, Colorado 81631
F. The monthly Rent for the Leased Premises during an Extension Period, if any,
shall be $250.00 payable in advance and without demand on the first day of the month.
SECTION FOUR
LESSEE COVENANTS
A. Lessee shall not use the Leased Premises for major repair or overhauling of
any aircraft or other equipment. preventive maintenance services for aircraft stored in the
Leased Premises shall be performed in accordance with the Eagle County Regional Airport
Rules and Regulations, as may be amended from time to time. Lessee shall be responsible
for the cleanup of any hazardous or other material spills from Lessee's aircraft, vehicles or
containers. Lessee shall be responsible for payment to Lessor of any damage to Hangar
pavement floor caused by fuel/oil spillage, maintenance tools, repair equipment, or
associated careless acts.
B. Lessee shall not attach any hoisting or holding mechanism to any part of the
Hangar or pass any mechanism through the structure therein. For purposes of this Lease
Agreement, a hoisting or holding mechanism shall be deemed to include, but shall not be
limited to, chain -ball, block and tackle, or other hoisting or winching devise.
C. Lessee shall not store any solvents, explosives, flammable paints, or other
flammables in the Leased Premises, except that Lessee may store up to two cases of aircraft
engine oil in manufacturer's containers or other fluids necessary to comply with FAA
maintenance regulations. All such materials must be stored in hazardous materials cabinets.
Lessee shall not use any hazardous material within the Leased Premises. Lessee shall be
responsible for all costs associated with mitigating any contamination which is caused by
Lessee.
D. Lessee shall coordinate the operation of the doors so as not to unduly or in an
untimely fashion obstruct access to the adjacent hangars.
E. Lessee shall not lock the Hangar or permit the same to be locked with any
lock other than the lock mechanism supplied by the Airport unless prior written permission is
received from the Lessor. If any additional locking device is used, Lessor will be given a
key /combination to ensure access in the event of an emergency.
F. Lessee shall not make any alterations, additions or improvements to the
Leased Premises or to the Hangar without the prior written consent of the Lessor, which may
be withheld in Lessor's sole discretion.
G. Lessee shall not use any high wattage electrical equipment, heat lamps, or
machinery in or about the Leased Premises or the Hangar, or modify existing wiring or install
additional outlets, fixtures or the like therein unless authorized in advance in writing by the
Lessor.
H. Aircraft fueling may only be performed in accordance with the Eagle County
Regional Airport Rules and Regulations, as may be amended from time to time. Self - fueling
is not allowed on the Leased Premises.
I. Lessee, and its agents, invitees, and guests, shall park vehicles at the Airport
in accordance with the Eagle County Regional Airport Rules and Regulations, as may be
amended from time to time. No more than one vehicle may be stored in the Leased Premises
without the Aviation Director's written approval.
SECTION FIVE
USE OF AIRPORT AND AIRFIELD ACCESS CONTROL
A. Lessee is granted the use, in common with others similarly authorized, of the
Airport, including, but not limited to, the landing field and any extensions thereof or
additions thereto, roadways, aprons, taxiways, floodlights, landing lights, beacons, control
tower, signals, radio aids, and all other conveniences for flying, landings, and takeoffs.
B. Lessee shall not install or maintain fences, gates and such other equipment on
the Hangar site or the Leased Premises in order to control access to the airfield. Lessee
agrees that it shall at all times comply with the Access Plan in its operations on the Leased
Premises and the Airport. Access to the airfield shall be permitted for Lessee's guests, in
accordance with the Airport Security Program and FAA and TSA regulations. Each
individual desiring unescorted access to the airfield shall obtain an access card from Airport
Administration in compliance with the Airport Rules and Regulations and the Department of
Homeland Security and TSA regulations, policies and directives.
SECTION SIX
RIGHT OF INGRESS AND EGRESS
Lessee shall have the right of ingress to and egress from the Leased Premises in a
manner that does not interfere with the Lessor's use of the Airport and does not conflict with
any access rules and regulations adopted by Eagle County or any other agency with the
authority to control access to the Eagle County Regional Airport. Lessee understands that
the Airport may be closed on a temporary basis and/or that airport restrictions may be
imposed, from time to time, for reasons including, but not limited to, hazardous conditions,
special events, safety, security, noise and environmental issues.
SECTION SEVEN
RIGHTS AND PRIVILEGES
In its use of the Airport and related facilities, Lessee is granted the rights and
privileges accorded all other Lessees of Airport space and users of the Airport facilities
similarly situated as from time -to -time determined by the Lessor.
SECTION EIGHT
TAXES AND ASSESSMENTS
Lessee agrees to pay its proportionate share of all property assessments, general and
special and all other legally imposed obligations, ordinary and extraordinary of every kind
and nature whatsoever, if any, levied or assessed upon the Hangar or any part thereof by the
Town of Gypsum, the State of Colorado, the United States, or any other governmental entity
or agency.
SECTION NINE
MAINTENANCE AND UTILITIES
A. Lessee shall provide for and supply, at its sole expense, any desired janitor
services with respect to the Leased Premises.
B. Lessor shall conduct snow removal in accordance with the approved Airport
Snow and Ice Control Plan and Airport Certification Manual. Lessor may provide snow
removal on paved areas adjacent to the Hangar, not closer than six feet (6') from the exterior
of the Hangar, based on the order of Airport operational priority, and personnel and
equipment availability.
C. Snow removed from the area surrounding the Hangar by Lessee shall not be
windrowed or piled in a manner in which propellers, engines, wings or any other part of an
aircraft may contact and be damaged when being taxied or towed on pavement surfaces.
D. During the term of this Lease and any renewal thereof, Lessee shall maintain
the Leased Premises in good repair, normal wear and tear excepted, according to the
standards established for similar buildings and premises under Lessor's control at the
Airport. Lessee shall not place or store any items or equipment in the area surrounding the
exterior of the Hangar.
E. Lessee shall be responsible for the repair of any damages to the Hangar or the
Leased Premises caused by Lessee, its employees, agents, or invitees. Such repairs shall be
undertaken by Lessor and Lessee shall be assessed the amount of the repairs, and shall
reimburse Lessor for such amount upon demand. Rent shall not abate during the period of
such maintenance or repairs.
F. Lessee shall be responsible for the cleanup of any hazardous or other material
spills from Lessee's aircraft, vehicles or containers.
SECTION TEN
OPTION TO LEASE ADDITIONAL SPACE
No option is granted to lease additional space.
SECTION ELEVEN
RULES AND REGULATIONS
Lessee agrees to observe and obey reasonable rules and regulations with respect to
use of the Leased Premises, including the Eagle County Regional Airport Rules and
Regulations and the Eagle County Airport Minimum Standards, as may be amended from
time to time; provided, however, that such rules and regulations shall be consistent with
safety and with rules, regulations, and orders of the Federal Aviation Administration with
respect to aircraft operations at the Airport and provided further, that such rules and
regulations shall not be inconsistent with the provisions of this Lease Agreement or the
procedures prescribed or approved from time to time by the Federal Aviation Administration
with respect to the operation of Lessee's aircraft at the Airport. In addition, Lessee shall
comply with any safety and security planning efforts reasonably adopted by Lessor.
SECTION TWELVE
DAMAGE OR DESTRUCTION OF HANGAR
A. If the Leased Premises or the Hangar shall be so damaged by fire or other
casualty as to render the Leased Premises untenantable, in the opinion of Lessor, and if such
damage shall be so great that the Leased Premises cannot be made tenantable within 60 days
from the happening of the fire or other casualty, or if the damage shall be such that the
Leased Premises can be made tenantable within the 60 day period from the happening of the
fire or other casualty but adequate insurance proceeds or adequate appropriations are not
available to Lessor for repair of such damage, then this Lease may be terminated by Lessor
by giving written notice to Lessee of such termination. Upon the giving of such notice, this
Lease shall terminate as of the date of the occurrence of the fire or other casualty giving rise
to such termination with the same consequences as a termination pursuant to the provisions
of Section 17.
B. If the Leased Premises or the Hangar shall be so damaged by fire or other
casualty as to render the Premises untenantable, in the opinion of Lessor, but the Leased
Premises can be made tenantable within the 60 day period from the happening of the fire or
other casualty and adequate insurance proceeds or appropriations are available to Lessor for
repair of such damage then, except as hereinafter provided, Lessor shall, with reasonable
promptness, repair the damage so done except that Lessor shall not be required to repair,
replace or restore the Lessee's trade fixtures or other improvements. Until such repair is
substantially completed, the Rent shall be abated in proportion to the part of the Leased
Premises which is unusable by Lessee in the reasonable conduct of its operations. If the
damage to the Leased Premises or other parts of the Hangar is due to the fault or negligence
of Lessee or Lessee's employees, agents or invitees, there shall be no abatement of the Rent.
C. If the Leased Premises shall be damaged by fire or other casualty but not so as
to render them untenantable, Lessor shall cause the damage to be repaired with reasonable
promptness except that Lessor shall not be required to repair, replace or restore the Lessee's
trade fixtures or other improvements. Until such repair is substantially completed, the Rent
shall be abated in proportion to the part of the Leased Premises which is unusable by Lessee
in the reasonable conduct of its operations. If the fire or other casualty causing damage to the
Leased Premises is due to the fault or negligence of Lessee or Lessee's employees, agents or
invitees, there shall be no abatement of the Rent.
D. In the event the Airport is rendered untenantable or unusable, in the opinion of
the Lessor, the Rent shall be abated in proportion to the part of the Leased Premises which is
unusable by Lessee in the reasonable conduct of its operations during the period that the
same are so untenantable or unusable.
SECTION THIRTEEN
INSURANCE
A. Lessee agrees to secure at its own expense, and to keep in force at all times
during the Term hereof, the following insurance:
L Aircraft Liability Insurance, including Airport Premises liability coverage,
Bodily Injury and Property Damage in the minimum limits set forth below:
Aircraft Liability Insurance Minimum limits:
Each Occurrence Limit $1,000,000
2. Automobile coverage with limits of liability not less than $500,000 each
accident combined bodily injury and property damage liability insurance, including coverage
for owned, hired, and non -owned vehicles for all vehicles operated on Airport property.
B. The Aircraft Liability and Automobile policies of insurance set forth above
shall be endorsed to include the following additional insured language: "Eagle County and
their respective associated and/or affiliated entities, successors or assigns, elected officials,
employees, agents and volunteers shall be named as additional insureds with respect to
liability arising out of the Lessee's use or occupancy of the Leased Premises."
C. A Waiver of Subrogation shall apply in favor of Eagle County, its respective
associated and/or affiliated entities, successors or assigns, elected officials, employees, agents
and volunteers.
D. A certificate or certificates evidencing such insurance coverage shall be filed
with Lessor within ten (10) days after execution of this Lease, and said certificate(s) shall
provide that such insurance coverage will not be canceled or reduced without at least thirty
(30) days prior written notice to Lessor. At least ten (10) days prior to the expiration of said
insurance policy or policies, a certificate showing that such insurance coverage has been
renewed or extended shall be filed with Lessor. If such coverage is canceled or reduced, the
Lessee shall within seven (7) days of notice of cancellation or reduction, but in any event
more than fifteen (15) days before the effective date of said cancellation or reduction, file
with Lessor a certificate showing that the required insurance has been reinstated in full, or
provided through another insurance company or companies.
E. In the event that the Lessee shall at any time fail to provide Lessor with the
insurance required under this section, Lessor may terminate this Lease Agreement with ten
(10) days' notice to Lessee.
F. The insurance carried by the Lessee, as required by this Lease Agreement,
shall be primary over any insurance carried by the Lessor for the Lessor's own protection.
Facsimile stamped signature on the Certificate will not be accepted. The Certificate must be
signed by the insurance company's authorized representative.
SECTION FOURTEEN
RISK OF LOSS
A. Lessee covenants and agrees that it will not hold Lessor or any of its agents,
officers, employees or airport commission members responsible for any loss of property by
theft or burglary from the Hangar or the Leased Premises or for any damage to person or
property in the Hangar or the Leased Premises resulting from electric lighting, water, rain or
snow, windstorm, lightening, negligence of other tenants in the Hangar or from any other
cause whatsoever, whether said cause be the direct, indirect or merely a contributing factor in
producing the loss to any aircraft, automobile, personal property, parts, surplus, or any other
item that may be located on or about the Leased Premises or injury to any person or persons,
including employees or agents of the Lessor, and Lessee agrees to make no claim for such
loss or damage at any time, except for abatement of Rent or right to insurance proceeds.
Lessee further 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.
B. Lessee agrees that any aircraft or personal property or other items which are
stored in or about the Leased Premises pursuant to this Lease Agreement are at Lessee's sole
risk and Lessee shall possess adequate insurance to protect it from such risk.
C. Lessee further acknowledges that the Hangar is shared with other tenants and
assumes the risk of loss or damage to the Lessee's aircraft, contents, injury to any person or
persons, whether from the negligence of other tenants, their agents, employees or invitees, or
from any other causes whatsoever. 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 are incurred, in investigating or resisting the same, arising from or
growing out of the use of the Hangar by other tenants their contractors, agents, members,
stockholders, employees, invitees, servants, sub- tenants, successors and assigns.
SECTION FIFTEEN
INDEMNIFICATION OF LESSOR
Lessee hereby agrees to release and indemnify and save harmless Lessor, its officers,
agents and employees from and against any and all loss of or damage to property, or injuries
to or death of any person or persons, including property and employees or agents of the
Lessor, and shall defend, indemnify and save harmless Lessor, its officers, agents and
employees from any and all claims, damages, suits, costs, expense, liability, actions,
penalties or proceedings of any kind or nature whatsoever, including worker's compensation
claims, of or by anyone whomsoever, in any way resulting from, or arising out of, directly or
indirectly, its use and occupancy of the Leased Premises or the Hangar or its use or
occupancy of any portion of the Airport and including acts and omissions of officers,
employees, representatives, suppliers, invitees, contractors, subcontractors, and agents of the
Lessee; provided, that the Lessee need not release, indemnify or save harmless the Lessor, its
officers, agents and employees from damages resulting from the negligence of the Lessor's
officers, agents and employees.
SECTION SIXTEEN
TERMINATION BY LESSEE
This Lease Agreement may be terminated by Lessee provided that the Rent for the
Leased Premises, Lessee's proportionate share of utility costs for the Leased Premises and
any other costs or expenses due pursuant to this Lease have been paid in full to Lessor to the
date of such termination, and provided further that Lessee gives Lessor at least thirty (30)
days written notice of its intention to terminate.
SECTION SEVENTEEN
TERMINATION BY LESSOR
Lessor may terminate this Lease Agreement without cause by giving thirty (30) days
written notice to the Lessee, except that Lessor may terminate this Lease without such notice
if extenuating circumstances exist, in Lessor's sole determination. In the event such
termination is without cause and Lessor has available other suitable Hangar space, Lessee
shall have the right to enter into a lease agreement for the same.
SECTION EIGHTEEN
SURRENDER OF POSSESSION
A. On the expiration or other termination of this Lease, Lessee's rights to use of
the Leased Premises, facilities, and services described herein shall cease, and Lessee shall
vacate the Leased Premises without unreasonable delay. Lessee shall be responsible to put
the Leased Premises and 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; however, any repair for which the Lessee is responsible shall be completed to the
latest practical date prior to such surrender.
B Except as otherwise provided in this Lease Agreement, the equipment, and
other personal property bought, installed, erected, or placed by Lessee in, on, or about the
Leased Premises shall be deemed to be personalty and shall remain the property of Lessee.
Lessee shall have the right at any time during the Term of this Lease, or any renewal or
extension hereof, to remove any and all such property from the Airport, subject, however, to
Lessee's obligation to repair all damage, if any, resulting from such removal. Any and all
property not removed by Lessee prior to the expiration or termination of the Lease shall
thereupon become a part of the land on which it is located and title thereto shall vest in
Lessor.
C. Should Lessee fail to remove Lessee's aircraft or other property from the
Leased Premises upon the expiration or termination of this Lease, Lessee agrees to pay the
sum of five hundred dollars ($500.00) per month as Rent for a holdover tenant until the
aircraft 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 28 herein.
D. Lessee further agrees to pay reasonable attorney's fees for collection of
aforesaid holdover Rent or to compel removal of Lessee's aircraft or property from the
Leased Premises after the expiration or termination of the Lease.
E. 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 NINETEEN
ACCESS BY LESSOR
During the term hereof, the Lessor shall have the right to access said Hangar and the
Leased Premises at any or all reasonable times with or without notice to Lessee.
SECTION TWENTY
ASSIGNMENT AND SUBLETTING
Lessee shall not, at any time, assign its rights under this Lease Agreement without the
prior written consent of Lessor which consent Lessor may withhold at its sole discretion. No
assignment shall release Lessee from its obligations under the Airport Rules and Regulations,
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Airport Minimum Standards, or this Lease and its obligations to pay any and all of the rentals
and charges set forth herein.
SECTION TWENTY -ONE
COSTS OF LITIGATION
Lessee covenants and agrees that in case the Lessor shall, without any default on its
part, be made a party to any litigation commenced by or against the Lessee with respect to
the Leased Premises and/or improvements thereon, then the Lessee shall and will pay all
costs and reasonable attorneys' fees which may be incurred by said Lessor in enforcing the
covenants and agreements of this Lease.
SECTION TWENTY -TWO
NATIONAL EMERGENCY
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, 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.
SECTION TWENTY -THREE
F.A.A. AND AIRPORT INSTRUMENTS
The Federal Aviation Agency and Lessor are hereby granted the right and privilege
by Lessor to place on and around the Leased Premises, without cost to the Lessor, whatever
instruments and equipment Lessor or the F.A.A. deems necessary for operation of the
Airport.
SECTION TWENTY -FOUR
AERIAL APPROACH
The Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction. Lessee shall not erect or permit to be
erected, any building or other structure on the Airport.
SECTION TWENTY -FIVE
SUBORDINATION
This Lease shall subordinate to the provisions of any existing or future agreement
between the Lessor and the United States, relative to the operation or maintenance of the
Airport, the execution of which has been or may be required as condition precedent to the
expenditure of federal funds for the development of the Airport.
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SECTION TWENTY -SIX
RESERVATIONS OF COUNTY
A. It is understood and agreed that nothing herein shall be construed to grant or
authorize the granting of an exclusive right to Lessee, except the exclusive right to use the
Leased Premises subject to the rights of the Lessor specified herein.
B. The Lessor reserves the right to further develop or improve the Airport as it
sees fit, regardless of the desires or views of Lessee, and without interference or hindrance.
C. 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.
D. 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 Hangar, together with the right to cause said noise as may be inherent in the
operation of aircraft, now known or hereafter used for navigation at, taking off from or
operation on the Airport.
E. Non- compliance with this Section shall constitute a material breach or default
of this Lease, and in the event of such non - compliance, the Lessor shall have the right to
terminate this Lease without liability therefore, or at the election of the Lessor or the United
State or both of said governments, shall have the right to enforce judicially this section.
SECTION TWENTY -SEVEN
DEPOSIT
A. Lessee has deposited with Lessor the equivalent of one month's rent, and
outlined in Section 5 as a security deposit for the faithful performance of and compliance
with all the terms and conditions of this Lease. Notwithstanding the provisions of Section 5
should Lessee fail to comply with each and every term and condition of this Lease
Agreement, or if Lessee damages the Leased Premises and/or equipment furnished by Lessor
to Lessee, then the amount deposited as security furnished may, at the option of the Lessor,
be retained by Lessor as fixed, liquidated and agreed damages for payment of disbursement,
costs and expenses that Lessor may incur in restoring and repairing said Leased Premises
and/or equipment. The retention and holding of the security deposit for the payment of such
costs, disbursements and expenses shall not in any manner release Lessee from any of the
obligations herein assumed. All rights of Lessor to the deposited funds or securities shall be
in addition to the right of Lessor to pursue any and all legal remedies available in the event
said deposited funds or securities are insufficient to cover the payment of disbursements,
costs and expenses that Lessor incurs by reason of the damages caused by Lessee; to enforce
payment of any amount due; and to all other rights to which Lessor may be entitled under
this Lease Agreement.
B. If all terms and conditions are fully complied with by Lessee, then the security
deposit shall be returned to Lessee within 30 days of surrender of the Leased Premises in a
good state and condition, reasonable use and wear thereof excepted, at the expiration of this
Lease Agreement.
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SECTION TWENTY -EIGHT
LIEN
Lessee hereby gives and grants to Lessor a lien upon, and hereby assigns to Lessor,
all fixtures, chattels and personal property of every kind and description or hereafter to be
placed, installed or stored by Lessee, at the Airport. In the event of any failure on the part of
Lessee to comply with each and every one of the covenants and obligations hereof, Lessor
shall notify the Lessee in writing of such breach and/or default of the provisions of this Lease
Agreement. In the event Lessee does not cure such default and/or breach within thirty (30)
days from the receipt of such notification from Lessor, Lessor shall have the right to take
possession of and sell all fixtures, chattels and personal property of every kind and
description now and hereafter placed, installed or stored by Lessee at the Airport in any
manner provided by law and may credit the net proceeds upon any indebtedness due, or
damage sustained by Lessor, without prejudice to further claims thereafter to arise under the
term thereof.
SECTION TWENTY -NINE
ADDITIONAL CONDITIONS
A. Lessee shall use the Leased Premised solely for general aviation storage and
aircraft preventative maintenance purposes as hereinabove set forth, and in so doing shall
enforce and comply with all applicable laws of the State of Colorado and the United States of
America; rules and regulations of the County of Eagle; as well as any and all bureaus,
department and agencies of said County, State of Colorado or United State of America, as
they may be amended from time to time. In addition, all structures located upon the Leased
Premises shall comply with the requirements of the Town of Gypsum, Colorado Building
Code, Eagle County Regional Airport Rules and Regulations and any Eagle County Regional
Airport Development Standards or other Guiding Documents of the Airport that may be in
effect, including any revisions or amendments thereto. Further, Lessee shall comply with all
applicable regulations and rules concerning water and sanitation. Lessee further agrees not to
use the Leased Premises for any unlawful purpose, or for any purpose that may constitute a
nuisance.
B. The Lease is for general aviation storage and aircraft preventative
maintenance purposes and not for commercial use. A lease amendment would be required to
conduct any commercial activity in the Leased Premises as well as compliance with the
Minimum Standards for Commercial Aeronautical Activities.
C. 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
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 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.
13
D. It is agreed that, with respect to any aircraft stored in the Leased Premises,
adequate access to, and maneuvering room in front of the Hangar will forever and at all times
be protected during the Term of this Lease.
E. Said Lessee further covenants and agrees that the Lessee will save harmless
said Lessor at all times during the continuation of this Lease from all damages, claims, Imes,
penalties, costs and expenses whatsoever which may result from any Workman's
Compensation claims.
F. Any notices or consent 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:
LESSOR:
Eagle County
Attention: Aviation Director
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970 - 328 -2680
Facsimile: 970 - 328 -2687
E -Mail: ecair @eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970 - 328 -8685
Facsimile: 970 - 328 -8699
E -Mail: atty @eaglecounty.us
LESSEE:
. eDlve4
Either party may change its address by written notice to the other party. Notices or
consents are deemed to have been given effective of the date of delivery, if personally
delivered, and as of the third day after mailing, if mailed.
G. 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 Lease
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
14
Lessee in their respective rights and obligations contained in the valid covenants, conditions,
or provisions of this Lease Agreement.
H. All amendments to this Lease Agreement shall be made in writing by mutual
agreement by the parties and no oral amendments shall be of any force or effect whatsoever.
I. The Lessor shall have no responsibility or liability to furnish any services to
Lessee other than those specified in this Lease. The Lessee may negotiate with Lessor for
additional services and may request and shall pay for such additional services, the
considerations to be so negotiated. However, Lessee shall receive any services that are now
or may hereafter be provided by the Lessor to other like Lessees under identical terms.
J. Lessor shall have no responsibility or liability to remove the snow on and/or
near the Hangar or the Leased Premises for the Lessee's sole use and benefit.
K. 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 origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such
land and the furnishing of services thereon, no person on the grounds or race, color, or
national origin shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination;
(3) 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 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, and as said Regulations may be
amended.
(4) Lessee shall furnish its accommodations and/or services on a fair, equal
and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable
and not unjustly discriminatory prices for each unit or service; provided that the Lessee may
be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type
of price reductions to volume purchasers.
(5) Lessee shall make its accommodation and/or services available to the
public on fair and reasonable terms without unjust discrimination on the basis of race, color,
religion, sex, age or national origin.
(6) Non - compliance with the above provisions of this sub - section shall
constitute a material breach hereof and in the event of such non - compliance the Lessor shall
have the right to terminate this Lease and the estate hereby created without liability therefor,
or at the election of the Lessor or the United States, either or both said Governments shall
have the right to judicially enforce said provisions.
15
(7) The Lessee 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 grounds of
race, creed, color, national origin, or sex be excluded from participating in any employment
activities covered in 14 CFR Page 152, Subpart E. The Lessee 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 Lessee assures that it will require that
its covered sub - organizations provide assurances to the Lessee that they similarly will
undertake affirmative action programs and that will require assurances from their sub -
organizations, as required by 14 CFR Part 152, Subpart E, to the same effect.
(8) Lessee agrees that it shall insert the above provisions of this subsection in
any lease (agreement, contract, etc.) by which said Lessee grants a right or privilege to any
person, firm or corporation to render accommodations and/or services to the public on the
Leased Premises.
L. All the covenants, conditions, and provisions in this Lease Agreement shall
extend to and bind the legal representatives, successors, and assigns of the respective parties
hereto.
M. Aircraft shall be kept movable in order to not block entry /egress by other
aircraft. Other accommodation shall be made by Lessee for an aircraft that is not movable to
provide ingress/egress by other aircraft in the Hangar.
N. This Lease Agreement constitutes the entire agreement between the parties.
No statements, promises, or inducements made by any party to this Lease Agreement, or any
agent or employees of either party, which are not contained in this written contract shall be
valid or binding.
O. It is specifically agreed between the parties executing this Lease Agreement
that it is not intended by any of the provisions of this Lease Agreement to create in the public
or any member thereof, third party beneficiary status in connection with the performance of
the obligations herein.
P. Either party's failure to enforce any provision of this Lease Agreement against
the other party shall not be construed as a waiver thereof so as to excuse the other party from
future performance of that provision or any other provision.
Q. In the event any portion of this Lease Agreement is found to be
unconstitutional, illegal, null or void, by a court of competent jurisdiction, it is the intent of
the parties to sever only the invalid portion or provision, and that the remainder of the Lease
Agreement shall be enforceable and valid, unless deletion of the invalid portion would defeat
the clear purpose of the Lease Agreement, or unless deletion of the invalid portion would
produce a result inconsistent with the purpose and intent of the parties in entering into the
Lease Agreement.
R. By entering into this Lease Agreement, Lessor does not waive governmental
immunity or any of the protections available to it under Colorado law and further does not
waive the limitations on liability which are provided to it under the Colorado Governmental
Immunity Act, C.R.S. 24 -10 -101 et. seq.
16
f r
S. The Lessor's financial obligations, if any, under this Lease Agreement are
contingent upon sufficient appropriations and authorizations being made by Eagle County for
the performance of this Lease Agreement in accordance with a budget adopted by the Board
of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised
Statutes, the Local Government Budget Law (C.R.S. 29 -1 -101 et. seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20). The County's decision as to
whether sufficient appropriations are available shall be accepted by the other parties to this
Lease Agreement and shall be final.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the year and
date first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD OF
COUNTY C MMISSIONERS
* * By:
a ath andler -He Chairman
Oio y my,
Attest:
By:
eak J. Simonton, C erk to the Board
LESSEE:
By:
State of ( C-)I�>- E;
County of�cac�( ) t I
The foregoing instrument was acknowl ed before me this '1 day of O, 20_j_,�:
'(v0 L
A (name of person acknowledged)
NOTARY PUBLIC
Print Name: Z k2y�L��
My commission expires: �' 2fJ 12U 6
Vil
17
JUANA PALACIOS
iVOTi4RY PUBLIC
STATE OF COLORADO
r,,4,! commission Expires 6/20/2016
W4111:3 W1
LOCATION OF HANGAR
18
EXHIBIT B
LOCATION OF LEASED PREMISES
19
