HomeMy WebLinkAboutC16-146 Hy-Mountain Taxi IncLEASE
This Lease Agreement (rereinafter referred to as "Lease" and/or "Agreement") is
made and entered into this 7{ aay of /[r,tr ,2016 between Eagle County,
State of Colorado, a body corporate and pblitic, organized and existing pursuant to the
laws of the State of Colorado (hereinafter referred to as "Landlord") and Hy-Mountain
Transportation, Inc., a Colorado corporation dlblaHigh Mountain Taxi, Inc. ("Tenant").
WITNESSETH:
WHEREAS, Landlord owns and operates the Eagle County Regional Airport,
(hereinafter referred to as "Airport") located in the County of Eagle, State of Colorado;
and
WHEREAS, the Tenant desires to lease and use a portion of certain land at the
Airport for storage of up to nineteen (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 rents or sums of money to be paid
as set forth herein and the covenants upon the part of the Tenant to be kept and performed
as hereinafter expressed, the parties agree as follows:
l. Rental Space. 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 and incorporated herein
by reference (hereinafter referred to as the "Leased PremiseslRental Space" or separately
"Leased Premises" or "Rental Space"). The Rental Space is approximately 3,800 square
feet, more or less, of land located at the Eagle County Regional Airport as highlighted in
Exhibit "A." 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 (hereinafter defined) 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,
20t6.
3. Initial Lease Terms. The Initial Lease Term is as follows:
a. The Lease hereby granted shall become effective May l, 2016 and
shall continue in effect up to and including November 30,2016 (hereinafter refened to as
"lnitial Lease Term").
fe CJuntI Attorney's Office
Eagle Counit Comnrissioners' Office
C16-146
b. Notwithstanding anything contained herein to the contrary,
Landlord may terminate this Lease at any time during the Initial Lease Term or during
any extension by sending the Tenant thirty (30) days prior wriffen notice of its intent to
terminate. In the event of such early termination, Tenant shall be responsible for rent for
such time it actually occupied the premises. Should Landlord terminate the Lease early in
accordance with this Section 3, prepaid rent shall be refunded to Tenant on a prorated
basis.
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.
(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 from time to
time and as 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 entering into
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. Sublettine. Tenant shall not assign or sublet the Leased Premises/Rental
Space in whole or in part or grant any concession or license to the Leased
Premises/Rental Space. An assignment, subletting, concession or license or assignment
or subletting by operation of law, shall be void and shall, at Landlord's option, terminate
this Lease.
7. Real Estate Taxes. Tenant shall pay all real estate taxes and assessments
on the Leased Premises/Rental Space during the Initial Lease Term and during any
extension thereof.
8. Ouiet Eniovment. 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 Agreement.
9. Alterations. Tenant may not make any changes or additions to the Leased
Premises/Rental Space without Landlord's written consent which Landlord may withhold
in its sole discretion. Any changes or additions made without Landlord's written consent
shall be promptly removed and the Leased Premises shall be restored bv Tenant.
10.Tenant's Obligations. Tenant shall:
(a) Keep the Leased Premises/Rental Space in clean and sanitary
including snow removal; and
(b) Properly dispose of rubbish, garbage and waste
sanitary manner and at reasonable and regular intervals; and
a clean and
(c) Not intentionally or negligently destroy, deface, damage, impair or
remove any part of the Leased PremiseslRental Space, its appurtenances, facilities,
equipment, nor to permit any invitees, licensees, or other persons actingunder Tenant's
control to do so; and
(d) Not permit a nuisance or commit waste; and
(e) Make all repairs to the Leased Premises/Rental Space which are
not the responsibility of Landlord; and
(0 Not keep or have on the Leased Premises/Rental Space any article
or thing of a dangerous, flammable 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.
I l. Siens. 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 Casualtv. Either party 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 Initial
Lease Term and any extension, either through self-insurance or through an insurance
carier with an "A.M. Best" rating of not less than A-VII and duly authorized and
licensed to do business in Colorado, the following:
Auto coverage with limits of liability not less than $1,000,000 each
accident combined bodily injury and property damage liability
insurance, including coverage for owned, hired, and non-owned
vehicles.
Commercial General Liability coverage for claims relating to
personal and bodily injury, premises and operations,
personal/advertising injury, products/completed operations, broad
form property damage with limits of liability not less than
$1,000,000 per occurence and $2,000,000 aggregate limits.
At its expense, Tenant shall maintain insurance on all inventory,
vehicles, or other personal property stored or used on the Leased
Premises/Rental Space from and against loss of damage by
vandalism, malicious mischief, fire, snow, hail, or other damage
caused by acts ofgod orthird parties. The Parties agree that
Landlord shall not be responsible for and Tenant hereby waives
and releases Landlord from any and all claims or damage caused
by third parties or acts of god.
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, their commissioners, agencies, departments, officers, agents,
employees, servants or successors from any and all fines, demands, losses, liabilities,
claims, damages and judgments including attorney's fees together with all costs and
expenses incident thereto which may accrue against, be charged to, or be recoverable
from Landlord, its Board of County Commissioners, the Eagle County Air Terminal
Corporation and their individual members, their commissioners, agencies, departments,
officers, agents, employees or servants and successors as a result of the 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 negligent 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 offrcer, manager, member, agent or employee of Tenant shall be held
personally liable under this Agreement or because of its enforcement or attempted
enforcement. The parties further agree that this clause shall not waive the benefits or
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provisions of Colorado Revised Statute 24-10-l0l et. seq. or any similar provision of
law. This paragraph shall survive expiration or termination hereof.
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 as provided herein, Tenant shall pay Landlord aflatrate 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.
Hy-Mountain Transport ation, Inc. dlbl a
High Mountain Taxi, Inc.
Attention Todd Gardner
2148 Aspen Airport Business Center
Aspen, CO 8161I
Phone (970)925-4475
Fax (970) 92s-9409
County of Eagle, State of Colorado
Attention: Aviation
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. Dutv 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 Agreement.
22. No Private Cause of Action. The rights herein contracted for shall inure
solely for the benefit of the parties to this Agreement, and nothing herein shall be
construed to grant a cause of action to non-parties claiming as third party beneficiaries or
otherwise.
23. No Waiver. The failure of 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 in 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 Agreement must be made in
writing by mutual agreement of the parties and no oral amendments shall be of any force
or effect whatsoever.
25. Entire Agreement. This Agreement 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.
26. Governins 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. Bindine 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//
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the year and date first above written.
LANDLORD:
COUNTY OF EAGLE, STATE OF COLORADO.
By and
TENANT:
HY-MOUNTAIN TRANSPORTATION, INC.
DBA HIGH MOTINTAIN TAXI. INC.
STATE oF (-.1,-t '!- 't
coLrNrY oF UAe- l"'
By: Qa (" ttl G..,+)
Signature t
Print Name , B , i**t t|- l4t l'*s';
knowledsed before me bv,$nt'\CV day of_ftg,
ERIN DUFFY IJIERCER
}{OTARY PUBI.IC. STATE OF COLORADO
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