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HomeMy WebLinkAboutC20-339 Amended David Nelson TD-4 LeaseAGREEMENT FOR LEASE OF TIE-DOWN SPACE EAGLE COUNTY REGIONAL AIRPORT THIS LEASE AGREEMENT (“Agreement”) is effective as of the __1st__ day of September, 2020, by and between Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter referred to as the “the Lessor”) and David Nelson (hereinafter referred to as the “the Lessee”). WITNESSETH: WHEREAS, the Lessor owners and operates the Eagle County Regional Airport situated in the Town of Gypsum, Colorado, herein referred to as the “Airport”; and WHEREAS, the Lessor, pursuant to Sections 30-11-107(1)(J), 41-4-101, 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 tie-down spaces 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, the Lessee is desirous of leasing a tie-down space at said Airport. NOW THEREFORE, in consideration of the mutual covenants, conditions and provisions contained herein, the parties hereto agree as follows: ARTICLE I: LEASED PREMISES A. The Lessor grants the Lessee the use of that portion of the Airport premises described as follows: Space No. 4, as indicated on the Airport layout attached hereto as Exhibit A and incorporated herein by reference, together with any and all improvements currently on said space used for tying down Aircraft (defined below), i.e.: chains, chocks, rope, etc. (the “Leased Premises”). B. The Lessee accepts the Leased Premises in its existing, AS-IS condition. The Lessor hereby disclaims any warranty, either expressed or implied, of the condition, use of fitness of such equipment provided by the Lessor, and the Lessee assumes full responsibility to furnish any additional equipment necessary to properly secure its aircraft. 1 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 C20-339 C. The Lessee is granted the nonexclusive right to utilize such Airport runways, taxiways, and public use aprons ("airfield areas"), and such other rights of way and access across the Airport ("Airport rights of way"), as necessary for ingress and egress to the Leased Premises, and to the extent necessary to enable the Lessee to utilize the Leased Premises for the purposes set forth herein. The Lessee's use of said airfield areas and other Airport rights of way shall be on a nonexclusive, non-preferential basis with other authorized users thereof. The Lessee shall abide by all directives of the Lessor, the Federal Aviation Administration ("FAA"), and any other governmental entity having jurisdiction over the Airport, regarding its use of said airfield areas and other Airport rights of way, either alone or in conjunction with other authorized users thereof. Furthermore, the Lessor may from time to time increase or decrease the size or capacity of any airfield areas and other Airport rights of way or facilities (other than the Leased Premises), make alterations thereto, reconstruct or relocate them, modify the design and type of construction thereof, or close them, or any portion or portions of them, either temporarily or permanently, without being liable for any damages that may be caused the Lessee thereby, and without being deemed to have terminated this Agreement as a result thereof. D. Subordination. This Agreement is subject and subordinate to the terms, reservations, restrictions and conditions of any existing or future agreements between Eagle County (the “County”) and the United States, the execution of which has been or may be required as a condition precedent to the transfer of federal rights or property to the County for Airport purposes or the expenditure of federal funds for the development of the Airport. Furthermore, in the event that by reason of any such agreement with the United States Government as aforesaid, it becomes necessary to modify, relocate or remove any improvements or other structures situated on the Leased Premises, or to move the Leased Premises itself, the Lessee agrees to modify, relocate or remove any such improvements or structures, or to move to a new location for the Leased Premises, as directed by the Lessor. If the Leased Premises cannot be relocated at the Airport, the Lessor has the right to terminate this Agreement upon sixty (60) days’ notice to the Lessee. ARTICLE II. GRANT OF USE A. The Lessor hereby grants the Lessee the right to use the Leased Premises to park aircraft owned or leased by the Lessee, or by any entity in which the Lessee has a bona fide ownership interest (the “Aircraft”), and the Lessee’s automobile when the Aircraft is in use. This Agreement shall not be deemed to grant an exclusive right. No maintenance on the Aircraft shall be performed in the Tie-Down space without the prior written approval of the Aviation Director except such minor maintenance as would normally be performed by an aircraft owner without the benefit of an aircraft mechanic. If such minor maintenance work will immobilize the Aircraft for a period in excess of 4 hours, the Lessee shall give the Aviation Director, or his designee, notice of its intent to perform such work. In the event that the Lessee gives such notice, and Aviation Director determines in its sole discretion that the location of the 2 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 Aircraft is such that it would be inconvenient or impracticable to perform such work at that location, the Lessee shall refrain from commencing such work and the Lessor shall move, or allow the Lessee to move, the Aircraft to another location where such work and immobility of the Aircraft will not hamper, impede or obstruct the Lessor’s operations. The Lessee shall take steps to ensure that the performance of such maintenance work shall not damage the Leased Premises, any Hangar, or other area where the work is performed. The Lessee understands that restrictions, including any prohibition required by County, state or federal law, may apply to the parking of automobiles. The restrictions will be at the discretion of the Aviation Director. All uses by the Lessee shall be in compliance with the rules and regulations of the Airport and with all FAA regulations. The Lessee shall at all times keep the Lessor advised of the type of Aircraft stored in the Leased Premises, and the tail number of such Aircraft. The Lessee shall maintain the Aircraft in operable condition at all times. B. The Lessee shall not use, nor permit others to use, the Leased Premises or any improvements thereon; to store automobiles or equipment unrelated to the Lessee's use of the Leased Premises under this Agreement; to fuel any aircraft or vehicles in any manner that would violate the regulations of the Airport; or for any other purpose than the Lessee's activities authorized by Article I, Section A above. ARTICLE III. TERM A. Subject to earlier termination as hereinafter provided, the term of this Agreement shall be month-to-month beginning at 12:01 a.m. on _September 1______ 2020___ (“Term”). Notwithstanding Section 8 below or anything to the contrary contained herein, such month- to-month tenancy may be terminated, with or without cause, upon thirty (30) days written notice to the other party. Such notice shall be given as set forth herein. B. Upon termination of this Agreement, or on the date specified in any demand for payment or possession by the Lessor after any default by the Lessee, the Lessee covenants and agrees to surrender possession of the Leased Premises to the Lessor in the same condition as when first occupied, ordinary wear and tear excepted. ARTICLE IV. RENT AND OTHER FEES A. Rent. 1.​The monthly rent for the Leased Premises shall be: ​$50.00 ​(“Rent”). The Lessee’s initial payment of Rent shall be due upon execution of this Agreement and shall consist of the first month’s Rent, the last month’s Rent and a security deposit equivalent to one month’s rent. Thereafter, Rent will be paid in advance and will be due on the first day of each month. If the initial payment of Rent is due on 3 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 a day other than the first day of the month, the Rent shall be prorated. 2. The security deposit shall be held by the Lessor as security for the faithful performance by the Lessee of all of the terms, covenants and conditions of this Agreement by the Lessee to be kept and performed during the Term hereof. If the Lessee shall fail to make any payment of Rent or any other sum when due hereunder or if the Lessee shall fail to perform any other term, covenant or condition of this Agreement, the Lessor may pay or apply all or part of such deposit as the Lessor shall deem appropriate. If the Lessor shall apply any part of such deposit, the Lessee shall restore such deposit to the amount set forth above within 10 days after demand by the Lessor. The deposit without interest shall be returned to the Lessee less any permissible reduction, within 45 days after the end of the Term. All rights of the Lessor to the security deposit shall be in addition to the right of the Lessor to pursue any and all legal remedies available in the event said security deposit is insufficient to cover the payment of disbursements, costs and expenses that the Lessor incurs by reason of the damages caused by the Lessee; to enforce payment of any amount due; and to all other rights to which the Lessor may be entitled under this Agreement. 3. If the Lessee is in compliance with all terms and conditions of this Agreement, then the security deposit shall be returned to the Lessee on surrender of the Leased Premises in a good state and condition, reasonable use and wear thereof excepted, at the expiration or earlier termination of this Agreement. B. ​Payment of Rent. ​Payment of Rent and all other payments, charges and fees due and payable under this Agreement shall be payable to the order of the Eagle County Treasurer and shall be submitted and/or delivered to the: Eagle County Regional Airport P.O. Box 850 Eagle, CO 81631 C. Interest and Attorney Fees. ​Any Rent or other monies owed to the Lessor under this Agreement which are overdue for more than ten (10) days shall accrue interest at the rate of one and one-half percent (11⁄2%) per month compounded monthly from the due date or date when the Lessor made payment on the Lessee's behalf, until receipt of full payment from the Lessee. Any payments received shall be applied first to accrued interest, and then to the reduction of the actual amounts owed by the Lessee. The Lessor has the option to draw money from the security deposit to satisfy past due payments or reimbursements. In the event the Lessor is required to initiate any collection proceedings or action, the Lessee shall be solely responsible for all fees and costs of the Lessor associated with such proceeding, including, but not limited to, attorneys’ fees. 4 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 D. Termination of this Agreement by either party shall not constitute grounds for proration of Rent due unless specifically otherwise provided for in this Agreement. E. Rent Escalation. Commencing on January 1, 2021 and thereafter on January 1 of each calendar year that this Lease is in effect, the Rent shall be increased by three percent (3%) of the monthly Rent paid in the preceding lease year. ARTICLE V. IMPROVEMENTS During the term of this Agreement, the Lessee shall have no right to construct any improvements, alterations, or additions to the Leased Premises, or to any improvements presently located thereon without the prior written consent of the Aviation Director, which may be withheld in its sole discretion. The Lessee agrees that all improvements to the Leased Premises which are affixed to the realty shall become the property of the Lessor upon their completion and acceptance by the Lessor. ARTICLE VI. REPAIR AND MAINTENANCE During the Term of this Agreement, the Lessee agrees to keep Leased Premises in a safe and clean condition, and to not permit any accumulation of wreckage, debris, or trash on the Leased Premises. ARTICLE VII. DAMAGE TO AIRPORT the Lessee shall be liable for any damage to the Leased Premises,including,but not limited to fuel spillage, and any damage to the Airport and to any improvements thereon caused by the Lessee,its officers,agents, employees,contractors,subcontractors,assigns,guests,invitees,or anyone acting under its direction and control. All repairs for which the Lessee is liable will be conducted under the direction of the Lessor. ARTICLE VIII. DEFAULT AND REMEDIES A. Events of Default. The following shall constitute defaults by the Lessee: 1. Failure to pay monthly Rent or any other monies owed hereunder, or under any other agreements between the parties, when such monies are due; 2. Any other failure in the performance of any obligation required herein; 3. The​ Lessee's general assignment of its rights, title and interest hereunder for the benefit of creditors; 5 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 or the appointment of a receiver for the Lessee's property if the appointment is not vacated within ninety (90) days; 4.​Filing by or against the Lessee in any court pursuant to any statute either of the United States or of any state, of a petition of bankruptcy or insolvency, or reorganization, or the appointment of a receiver or trustee, of all or a portion of the Lessee’s property if, within sixty (60) days after commencement of any such proceedings involving the Lessee, such petition shall not have been dismissed; 5.​Failure to comply with all statutes, rules, regulations and directives promulgated by the the Lessor and other appropriate local, state and federal entities having jurisdiction over the Airport, including the FAA and the Environmental Protection Agency. Without limiting the foregoing, the Lessee agrees to utilize its Leased Premises, and the common areas of the Airport, and all improvements thereon, in compliance with the FAA, including all amendments hereafter made, embodied in 49 C.F.R. Parts 107 and 108, which are specifically incorporated and made a part of this Agreement. The Lessee further agrees to perform all of its operations authorized hereunder in accordance with all of the terms and conditions of the rules and regulations for the Airport as the same may be amended from time to time; or 6.​If the Lessee abandons, deserts or vacates the Leased Premises. B.​Remedies Upon Default. Upon the occurrence of any of the events of default set forth in Subparagraph A above, the Lessor may exercise any one or more of the following remedies. These remedies shall be cumulative and not alternative: 1.The Lessor may elect to allow this Agreement to continue in full force and effect and to enforce all of the Lessor’s rights and remedies hereunder, including without limitation the right to collect Rent as it becomes due together with past due interest; or 2. The​ Lessor may terminate this Agreement at the option of the Lessor. The termination of this Agreement, however, shall only be effective upon written notice of same provided by the Lessor to the Lessee. In no event shall this Lease be construed to be terminated unless and until such notice is provided. The termination may be effective immediately upon provision of said notice, or at any other time specified in the notice. If this Agreement is terminated, the Lessee shall continue to be liable for: (a) the performance of all terms and conditions, including the payment of all monthly Rent and all other monies due or accrued hereunder prior to the effective date of said termination; and (b) all damages, including attorneys’ fees and other expenses of collection, incurred as a result of any default. 6 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 3.​Without terminating this Agreement by so doing, and without further notice to the Lessee, the Lessor may re-enter the Leased Premises with or without process of law, repossess the Leased Premises and all fixtures and improvements thereon, and remove the Lessee and any third parties who may be occupying or within the Leased Premises and all of their respective personal property. In such case, the Lessor shall be obligated to attempt, in good faith, to negotiate the reletting of the Leased Premises, and any improvements thereon, on behalf of the Lessee, for such period of time and upon such terms and conditions as the Lessor deems appropriate. The Lessor shall in no way be obligated under the terms of this subparagraph to relet all or any portion of the Leased Premises, or any improvement thereon, to any third party, or upon terms and conditions, that are not acceptable to the Lessor, or which the Lessor, in its sole discretion, does not feel to be in the best interests of the Airport. The Lessee hereby expressly authorizes the Lessor to make any reasonable repairs or renovations necessary to relet the Leased Premises, or any improvements thereon, on the Lessee's behalf. Assuming the Lessor attempts to relet the Leased Premises, in good faith, whether or not the Lessor is able to relet the Leased Premises, the Lessee shall remain liable for the performance of all terms and conditions of this Agreement and the payment of all monies due under this Agreement for the remainder of the Term, although the Lessee shall receive credit for any monies paid or conditions performed as a result of reletting. The Lessee shall also be responsible for reimbursing the Lessor for all costs and expenses the Lessor incurs in reletting or attempting to relet the Leased Premises, including reasonable repair and renovation costs. Finally, if, as a result of such reletting, the Lessor becomes entitled to receive excess rentals or other benefits over and above what the Lessor would have been entitled to receive under this Lease Agreement, the Lessor shall be entitled to retain all such surplus rentals and other benefits, and the Lessee shall have no rights or interest therein. 4. The​ Lessor may utilize any other remedy provided by law or equity as a result of any events of default. C.​Force Majeure. Any defaults by either of the parties in the performance of any of the terms and conditions contained herein shall be excused where due to force majeure, which, among other things, shall include natural catastrophes such as hurricanes, tornadoes, or floods, acts of God, acts of war, and governmental statutes, regulations, directives, or contracts governing the operation of the Airport, with which the Lessor or the Lessee must comply. ARTICLE IX. COMPLIANCE WITH STATUTES, RULES, REGULATIONS, DIRECTIVES A. The Lessee shall observe and obey all statutes, rules, regulations and directives promulgated by the County and other appropriate local, state and federal entities having jurisdiction over the Airport, including the FAA and the Environmental Protection Agency. Without limiting the foregoing, the Lessee 7 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 agrees to utilize its Leased Premises, and the common areas of the Airport, and all improvements thereon, in compliance with FAA Regulations, including all amendments hereafter made, embodied in 49 C.F.R. Parts 107 and 108, which are specifically incorporated and made a part of this Agreement. The Lessee further agrees to perform all of its operations authorized hereunder in accordance with all of the terms and conditions of the rules and regulations for the Airport as the same may be amended from time to time. If there is any inconsistency between the terms of this Agreement, and the rules and regulations for the Airport, the rules and regulation shall be controlled. The Lessee further agrees to comply with all verbal and written directives of the Airport Director regarding the Lessee’s use of the Leased Premises, the Airport's airfields and ramps, and other common areas elsewhere on the Airport. B. Should the Lessee, its officers, agents, employees, customers, guests, invitees, assigns, contractors or subcontractors violate any local, state or federal law, rule or regulation applicable to the Airport, and should said violation result in a damage award, citation or fine against the Lessor, then the Lessee shall fully reimburse the Lessor for said damage award, citation or fine and for all costs and expenses, including reasonable attorneys’ fees, incurred by the Lessor in defending against or satisfying the award, citation or fine. ARTICLE X. INSPECTION The Lessor shall have the full right of entry to the Leased Premises for any purpose necessary, incidental to or in connection with the obligations hereunder, or in the exercise of its function or for the purpose of making inspections it deems necessary on the Leased Premises, either by its Aviation Director, or his designee, at any or all reasonable times. ARTICLE XI. RESTRICTION ON USE OF OTHER TIE-DOWN SPACES A. The Lessee shall not, at any time, tie-down or park its Aircraft or otherwise use any other tie-down spaces except the exclusive tie-down space which constitutes the Leased Premises as described above. In the event the Lessee utilizes an unauthorized tie-down space, the Lessor, by and through its designated representative, shall tow the Lessee’s Aircraft from said space and charge the Lessee a towing fee in the amount of One Hundred Dollars ($100.00). B. Notwithstanding the above, if the Lessee is unable to tie-down or park its Aircraft or otherwise use its exclusive tie-down space through no fault of its own and by reason that the Lessee’s exclusive tie-down space is otherwise being occupied by an unauthorized aircraft, the Lessee shall have the right to tie-down its Aircraft in an unoccupied tie-down space and shall notify the Lessor without unreasonable delay of the circumstances surrounding the Lessee parking and/or otherwise using a tie-down space other than the Lessee’s exclusive tie-down space. In such an event, the Lessor shall waive and shall not charge the Lessee a towing fee in the amount of One Hundred Dollars ($100.00) referred to in the paragraph above. 8 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 ARTICLE XII. RIGHT OF INGRESS AND EGRESS The 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. ARTICLE XIII. ASSIGNMENT The Lessee shall not assign, sublet, or transfer the Lessee’s rights under this Agreement without prior written consent of the Lessor. Subject to the foregoing, this Agreement inures to the benefit of, and is binding on, the heirs, legal representatives, successor and assigns of the parties hereto. ARTICLE XIV. LIABILITY the Lessee covenants and agrees that it will not hold the Lessor or any of its agents, officers, employees responsible for any loss occasioned by fire, theft, rain, windstorm, hail 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. ARTICLE XV. RISK OF LOSS the Lessee agrees that any Aircraft and the contents therein which are located on the Leased Premises pursuant to this Agreement are at the Lessee’s sole risk and the Lessee hereby assumes all liability and responsibility for property loss, property damage and/or personal injury of any kind, including death, to any and all persons, of any kind or character, arising out of or in connection with the use of the Airport under this Lease or with the leasing, use, occupancy, existence or location of the Leased Premises. ARTICLE XVI. INDEMNIFICATION OF THE LESSOR The Lessee shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by the Lessee; and the Lessee shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without 9 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 regard to the involvement of the Lessee. This paragraph shall survive expiration or termination hereof. ARTICLE XVII. LIEN The Lessee hereby gives and grants to the Lessor a lien upon, and hereby assigns to the Lessor, all fixtures, chattels and personal property of every kind and description or hereafter to be placed, installed or stored by the Lessee, at the Airport. In the event of any failure on the part of the Lessee to comply with each and every one of the covenants and obligations hereof, or in the event of any default continuing for thirty (30) days of any specified Rent, the Lessor shall notify the Lessee in writing of such breach and/or default of the provisions of this Agreement. In the event the Lessee does not cure such default and/or breach within thirty (30) days from the receipt of such notification from the Lessor, the 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 the Lessee at the Airport in any manner provided by law and may credit the net proceeds upon any indebtedness due, or damage sustained by the Lessor, without prejudice to further claims thereafter to arise under the term thereof. ARTICLE XVIII. SURRENDER OF POSSESSION A. Upon the expiration or termination of this Agreement, for any reason whatsoever, the Lessee shall peaceably surrender to the Lessor possession of the Leased Premises, together with any improvements, fixtures or personal property of the Lessor thereon, in as good a condition as the Leased Premises, and improvements, fixtures and personal property were initially provided to the Lessee, ordinary wear and tear excepted, without any compensation whatsoever, and free and clear of any claims of interest of the Lessee or any other third party whomsoever. The Lessee shall restore the Leased Premises, and other improvements from which the fixtures or property were taken (if the improvement involved is not also being removed from the Leased Premises), to good condition and repair. B. Should the Lessee fail to remove the Lessee’s Aircraft or other property from the Leased Premises upon the expiration or termination of this Agreement, the Lessee agrees to pay the sum of current monthly Rent 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. ARTICLE XIX. ADDITIONAL CONDITIONS A. This Agreement shall be construed under the laws of the State of Colorado. Any covenant, condition or 10 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this 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 the Lessor or the Lessee in their respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. B. All amendments to this Agreement must be in writing by mutual agreement of the parties and no oral amendments shall be of any force or effect whatsoever. C. Master Plan – Termination and Relocation. The Lessor reserves the right and the Lessee agrees that the Lessor acting by and through its Aviation Director, at its sole option and without any liability to the Lessor whatsoever, may cancel and terminate this Agreement for the purpose of implementing any present or future master plan for the development of or expansion of the Airport, including, but not by way of limitation, runway or taxiway relocation, clear zone changes, roadways, or more suitable land use needs; provided, the Lessor shall give the Lessee not less than 90 days prior written notice of termination for this purpose. In the event of such termination as provided in this Section C, the Lessor may provide to the Lessee suitable alternate land at the Airport for the conduct of its business. Such substitute facilities shall be to the extent possible similar to the Leased Premises as to size and general location. The Lessee reserves the right to terminate this Agreement if the Lessor’s determination of suitable substitute facilities is not adequate for the Lessee upon 60 days written notice after the Lessor notifies the Lessee of the substitute facilities. D. The Lessee recognizes that from time to time during the term of this Agreement it will be necessary for the Lessor to initiate and carry forward programs of construction, reconstruction, expansion, relocation, maintenance and repair in order that the Eagle County Airport and its facilities may be suitable for the volume and character of air traffic and flight activity which will require accommodation, and that such construction, reconstruction, expansion, relocation, maintenance, and repair may inconvenience or interrupt operations at the Eagle County Regional Airport. The Lessee agrees that no liability shall attach to the 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, the Lessee waives any right to claim damages or other consideration therefore, 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. E. This Agreement, together with the exhibits attached hereto, is the entire agreement of the parties regarding the establishment of their leasehold arrangements. No representations, warranties, inducements or oral agreements previously made between the parties regarding the establishment of their leasehold arrangements shall continue unless stated therein. 11 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 F. The Lessee shall be solely responsible for the prevention, control and cleanup of all fuel, gas and oil leaks and spills, hazardous waste, lavatory waste and other environmental pollution caused by the Lessee's operations in the Leased Premises, in accordance with applicable local, state and federal laws and regulations, and it shall hold the Lessor harmless from said prevention, control and cleanup costs and obligations. It is noted that in the ordinary course of storing and parking aircraft that some minor fuel and oil spillage shall occur and that the Lessee shall have no extraordinary obligation for clean-up of such spills. G. Casualty. In the event the Leased Premises, or the means of access thereto, shall be damaged by fire or any other cause, the Rent payable hereunder shall not abate provided that the Leased Premises is not rendered untenantable by such damage. If the Leased Premises is rendered untenantable, as determined by the Lessor, or its designee, in its sole discretion, and the Lessor elects to repair the Leased Premises, the Rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts of omissions of the Lessee, its employees, agents or invitees, in which case the Rent shall not abate. If Leased Premises is rendered untenantable and the Lessor elects not to repair the Leased Premises, this Agreement shall terminate. ARTICLE XX. NOTICE Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below ​and ​by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage prepaid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. 12 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 To the Lessor: Eagle County, Colorado Attention: Aviation Director 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-2682 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 To the Lessee​: David Nelson 6005 Long Champ Court Austin, TX 78746 Telephone: 512-589-6139 E-Mail: drnw20@gmail.com 13 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 IN WITNESS WHEREOF, the parties have executed this Lease Agreement at the day and year first above written. The Lessor: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager The Lessee: By: ____________________________________ Signature ____________________________________ Printed Name: 14 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 David Nelson EXHIBIT A AIRPORT LAYOUT 15 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 39.5'39.5' 39.5' 39.5' 39.5'39.5' 57.5' 6.0' 6.6' 39.5' 56.0' 79.0' ADG I TOFA 57.5' 115.0' ADG II TOFA CESSNA 172R SKYHAWKCESSNA 172R SKYHAWK CESSNA 172R SKYHAWKCESSNA 172R SKYHAWK CESSNA 172R SKYHAWK CESSNA 172R SKYHAWKCESSNA 172R SKYHAWK CESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWK CESSNA 172R SKYHAWKCESSNA 172R SKYHAWKCESSNA 172R SKYHAWK 39.5'Plotted July 26, 2019 @ 1:51 PM by Robert BellC:\Users\Robert.Bell\Desktop\EGE-57-P-PANT-TIE DOWN WORKING-2.dwgEAGLE COUNTY REGIONAL AIRPORT GYPSUM, COLORADO NORTH GA APRON TIE DOWN LAYOUT ® 0 ( IN FEET ) GRAPHIC SCALE 502525 TD 1 TD 2 TD 3 TD 4 TD 6 TD 9 TD 8 TD 10 TD 5 TD 7 TD 11 TD 13 TD 12 TD 14 EXHIBIT A LEASED LEASED LEASED LEASED LEASED LEASED LEASEDLEASED LEASED LEASED DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 EXHIBIT B REQUIRED FEDERAL PROVISIONS A. Compliance with Nondiscrimination Provisions. During the performance of this Agreement, the Lessee, for itself, its assignees, and successors in interest (hereinafter collectively referred to as “the Lessee”) agrees as follows: Compliance with Regulations: ​the Lessee will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. Non-discrimination: ​the Lessee, with regard to the work performed by it during the term of this Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of contractors, including procurements of materials and leases of equipment. The Lessee will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. Solicitations for Agreements, Including Procurements of Materials and Equipment: ​In all solicitations, either by competitive bidding, or negotiation made by the Lessee for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential contractor or supplier will be notified by the Lessee of the Lessee’s obligations under this Agreement and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. Information and Reports: ​the Lessee will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of the Lessee is in the exclusive possession of another who fails or refuses to furnish the information, the Lessee will then certify to the Lessor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: ​In the event of the Lessee’s noncompliance with the Non-discrimination provisions of this contract, the Lessor will impose such sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but 16 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 not limited to cancelling, terminating, or suspending the Agreement, in whole or in part. Incorporation of Provisions: ​the Lessee will include the provisions of paragraphs one through six of this Exhibit B, Section (A) in every contract, including ​ ​procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Lessee will take action with respect to any contract or procurement as the Lessor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided that if the Lessee becomes involved in, or is threatened with litigation by a contractor, or supplier because of such direction, the Lessee may request the Lessor to enter into any litigation to protect the interests of the Lessor. In addition, the Lessee may request the United States to enter into the litigation to protect the interests of the United States. B. Real Property Acquired or Improved Under the Airport Improvement Program. The Lessee for itself, its heirs, 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 in the event facilities are constructed, maintained, or otherwise operated on the property described in this Agreement for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Lessee will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. C. Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program. The Lessee for itself, its heirs, 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 ground of race, color, or national origin, will 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 ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (3) that the Lessee will furnish its services in compliance with all other requirements imposed by or pursuant to the List of Nondiscrimination Acts And Authorities. D. Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this Agreement, the Lessee, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: 17 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d ​et seq​., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); ii. 49 CFR Part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); iii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal- aid programs and projects); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 ​et seq​.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; v. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 ​et seq​.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR Parts 37 and 38; ix. The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); x. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). E. General Civil Rights Provision. The Lessee agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in 18 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8 any activity conducted with or benefiting from Federal assistance. If the Lessee transfers its obligation to another, the transferee is obligated in the same manner as the Lessee. This provision obligates the Lessee for the period during which the property is owned, used or possessed by the Lessee and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. F. Right of Re-entry. In the event of breach of any of the above Nondiscrimination covenants, the County will have the right to terminate this Agreement and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the Agreement had never been made or issued. G. Subcontracts. The Lessee agrees that it shall insert the above six provisions (Section (A) through Section (F)) in any agreement by which the Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public under this Agreement. 19 DocuSign Envelope ID: 628391A3-1702-4080-8260-6797E25A90A8