HomeMy WebLinkAboutC22-139 Robert Bassett_Skatefish Hanger Lease
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AIRPORT FACILITIES LEASE
THIS LEASE (“Lease” or “Lease Agreement”) is made and entered into this 1st day of
February, 2022, by and between Eagle County, Colorado, a body corporate and politic,
hereinafter referred to as the "Lessor" and Robert Bassett, 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), 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 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. 3 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
approved receptacles. Lessee shall not use the Leased Premises for any commercial purposes
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(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: Cessna
Aircraft model: 182
Aircraft Year: 1972
Aircraft registration number: N7319Q
Aircraft serial number: 18260959
Aircraft registered owners: Robert Bassett
Aircraft owner Address and Phone Number: 970-376-5140
Postal Box 406 Gypsum CO 81637
Quantity and ID of Airport access keys: 6B3-4 Key
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 Term 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.
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SECTION THREE
RENTALS AND CHARGES
A. The monthly rent for the Leased Premises is two hundred and fifty dollars
($250) (“Rent”), payable 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 the 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 10th 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. Rent Escalation. For each Extension Period exercised by Lessor pursuant to
Section 2.A. above, the Rent shall be increased by three percent (3%) of the monthly Rent
paid in the preceding annual Term.
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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 device.
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
during aircraft operations without the Aviation Director’s written approval.
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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
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 EIGHT
MAINTENANCE AND UTILITES
A. Lessee shall provide for and supply, at its sole expense, any desired janitor
services with respect to the Leased Premises.
B. Lessee 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.
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C. Snow removal 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 building 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 NINE
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. In addition,
Lessee shall comply with any safety and security planning efforts reasonably adopted by
Lessor.
SECTION TEN
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
15.
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,
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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 ELEVEN
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:
1. 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.
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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 TWELVE
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
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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 THIRTEEN
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 FOURTEEN
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 sixty (60) days written notice
of its intention to terminate.
SECTION FIFTEEN
TERMINATION BY LESSOR
Lessor may terminate this Lease Agreement without cause by giving sixty (60) 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 SIXTEEN
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
practicable date prior to such surrender.
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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 seven hundred, fifty dollars ($750.00) 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 26 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 SEVENTEEN
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 EIGHTEEN
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,
Airport Minimum Standards, or this Lease and its obligations to pay any and all of the rentals
and charges set forth herein.
SECTION NINETEEN
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.
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SECTION TWENTY
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-ONE
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-TWO
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-THREE
SUBORDINATION
This Lease shall be 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.
SECTION TWENTY-FOUR
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.
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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-FIVE
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.
SECTION TWENTY-SIX
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
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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
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, fines,
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
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With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
E-Mail: atty@eaglecounty.us
LESSEE:
Robert Bassett
Postal Box 406
Gypsum CO 81637
kauaibobby@yahoo.com
970-376-5140
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
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;
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(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) 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.
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.
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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.
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 COMMISSIONERS
By: ______________________________
Jeanne McQueeney, Chairman
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
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EXHIBIT A
LOCATION OF HANGAR
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EXHIBIT B
LOCATION OF LEASED PREMISES
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