HomeMy WebLinkAboutC19-245 Hy Mountain TransportationLEASE
This Lease Agreement (hereinafter referred to as “Lease” and/or “Agreement”)
made this ____________, between Eagle County, State of Colorado, a body corporate
and politic, organized and existing pursuant to the laws of the 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 Regional
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 6 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:
1. 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 ("Leased Premises/Rental Space” or separately "Leased Premises" or
"Rental Space"). The Rental Space consists of six (6) vehicle spaces, which is
approximately 2280 square feet more or less, 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 Lease Term shall be $90.00 per month
($15.00 per vehicle). The rental fee for the Lease Term is $675.00 and shall be paid in
full on or before June 15, 2019.
3. Lease Term. Unless earlier terminated as set forth herein, the Lease Term
shall be effective April 15, 2019 and shall continue in effect up to and including
November 30, 2019 (hereinafter referred to as the “Lease Term”).
4. Use of Premises. The Rental Space may be used for the parking and
storing of up to six (6) 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.
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(a) Possession and Use. Landlord shall give possession of the Leased
Premises/Rental Space to Tenant for the 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 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. 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 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 sole 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;
(b) Properly dispose of rubbish, garbage and waste in a clean and
sanitary manner and at reasonable and regular intervals;
(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;
(d) Not permit a nuisance or commit waste;
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(e) Make all repairs to the Leased Premises/Rental Space that are not
the responsibility of Landlord;
(f) 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; and
(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 Lease
Term and any extension, either through self- insurance or through an insurance carrier
with an “A.M. Best” rating of not less than A-VII and duly authorized and licensed to do
business in Colorado with the following:
(a) Workers’ Compensation insurance as required by law.
(b). 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.
(c) 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 occurrence and $2,000,000 aggregate limits.
(d) At its expense, Tenant shall maintain insurance on all inventory,
vehicles, or other personal property stored or used on the Leased Premises/Rental Space
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from and against loss of damage by vandalism, malicious mischief, fire, snow, hail, or
other damage caused by acts of god or third 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 its successors from any and all fines, demands, losses, liabilities,
claims, damages and judgments including attorney’s fees together with all costs and
expenses incident thereto which may accrue against, be charged to, or be recoverable
from Landlord, its Board of County Commissioners, and their individual members, their
commissioners, agencies, departments, officers, agents, employees or servants and its
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 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 24-10-101
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, 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. Termination and Requirements Upon Termination of Lease.
Notwithstanding anything contained herein to the contrary, Landlord may terminate this
Lease at any time during the Lease Term by sending Tenant thirty (30) days prior written
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notice of its intent to terminate. In the event of such early termination, Tenant shall only
be responsible for rent for such time it actually occupied the Rental Space. 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 Transportation, Inc. d/b/a
High Mountain Taxi, Inc.
Attention Todd Gardner
214B Aspen Airport Business Center
Aspen, CO 81611
Phone (970) 925-4475
Fax (970) 925-9409
Email: todd@hmtaxi.com
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.
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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.
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.
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