No preview available
HomeMy WebLinkAboutC04-354 American Airlines-1 llft� � HANGAR LEASE BETWEEN EAGLE COUNTY REGIONAL AIRPORT AND AMERICAN AIRLINES THIS LEASE is made and entered into this day of I%D U - , 2004, effective August 23, 2004, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter referred to as the "Lessor,") and American Airlines, Inc., a Delaware corporation authorized to do business in the State of Colorado, (hereinafter referred to as the "Lessee"). 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, as more particularly identified in Exhibit A attached hereto and incorporated by reference; and WHEREAS, Lessee provides commercial airline service to and from the AIRPORT; and WHEREAS, Lessor is willing to lease to Lessee a portion of the hangar; and, WHEREAS, Lessee is desirous of leasing a portion of the hangar for the purpose of maintaining aircraft support equipment owned and operated by Lessee, Lessee's contractors or agents and employees of Lessee; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereto agree as follows: AGREEMENT: SECTION ONE LEASE Lessor leases to Lessee the western one-half of the hangar, as more particularly identified in Exhibit B attached hereto and incorporated herein (hereinafter referred to as the "Leased Premises"), including egress over and through the remaining part of the hangar as is reasonably necessary for Lessee's use of the Leased Premises and in a manner that does not interfere with the County's (or its tenant's) use of the remaining part of the hangar. Lessee shall use the Leased Premises solely for the purpose of storing and maintaining aircraft and ground -handling EM equipment which are owned and operated by Lessee, Lessee's contractors, or agents and employees of Lessee and purposes reasonably incidental thereto. By entering into this lease, Lessor grants no rights or privileges for the use of the AIRPORT to operate an airline business or any part thereof to Lessee, and Lessee may be required by the County to enter into a use agreement for the conduct of an airline business on the AIRPORT. SECTION TWO PARKING SPACE Lessee shall provide adequate parking spaces on the AIRPORT adequate for the prescribed use of the Leased Premises. Automobile parking on the non-exclusive ground space on the AIRPORT shall be only in areas approved by the Airport Operations Manager. If the Lessee, at any time during the duration of this lease, cannot provide adequate parking, Lessee shall lease or license from Lessor adequate parking located near the Leased Premises or in such other reasonable location as may be designated by the Lessor. At such time arrangements for adequate parking are made between the Lessor and Lessee, Lessor has the right to increase the rent in proportion to the additional area utilized by the Lessee for the purpose of providing adequate parking. Lessee shall not park or place vehicles or other items within ten (10) feet of the Airport Operating Area (AOA) perimeter fence. SECTION THREE RIGHT OF INGRESS AND EGRESS Lessee shall have right of ingress to and egress from the Leased Premises for Lessee, its employees, customers, and other invitees, subject to such security rules as may be in effect at the AIRPORT and in a manner that does not interfere with the Lessor's use of the Airport. With respect to any aircraft or vehicle using 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. SECTION FOUR TERM Subject to earlier termination as hereinafter provided, this lease shall be for an annual term commencing on August 23, 2004 and ending on August 22, 2005. The term shall be manually renewable each yedr thereafter by written notice, at least sixty (60) days prior to the annual expiration date. If Lessee remains in possession of the Leased Premises after the expiration of this Agreement without any written renewal thereof, such holding over shall not be deemed as a renewal or extension of this Agreement, but shall create only a tenancy from month to month that may be terminated at any time by Lessor or Lessee upon thirty (30) days written notice to the other party. Such holding over shall otherwise be upon the same terms and conditions as set forth in this Agreement. 2 1%W0 Lessor shall have the right to terminate this lease agreement at any time with or without cause upon thirty (30) days written notice to the Lessee. Lessor shall refund to Lessee a prorated amount of the charges heretofore provided for the unexpired portion of the term following the date of such termination. SECTION FIVE RENTALS AND CHARGES The rent for the term of this lease is NINE THOUSAND FIVE HUNDRED AND SEVENTY THREE DOLLARS AND NINETY ONE CENTS ($9,573.91). This rental charge is derived from a base calculation of $4.00 per square foot x 1,620 square feet, from the original Hangar Lease between Eagle County Regional Airport and American Airlines, dated April 28, 1997, and subject to an annual increase of five percent (5%) for each subsequent renewal term. Lessee agrees to pay Lessor the rent hereunder in one lump sum prior to the first day of the term. The rent for renewal terms shall increase five percent (5%) annually and shall be due and payable on the first day of each renewal term. Any rent charges overdue for more than ten (10) days will have an additional late fee added to cover additional administrative costs. The late fee will equal five percent (5%) of the annual rent. In the event the Lessor is required to initiate any collection procedures to collect any unpaid rental payments, including late fees and costs, or otherwise enforcing the terms and conditions of this Agreement, the Lessee shall pay all of the Lessor's expenses in connection therewith, including reasonable attorney's fees. The Lessor reserves the right to increase or decrease the rent charged at any time upon thirty (30) days' prior written notice to Lessee. SECTION SIX PAYMENTS 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 SECTION SEVEN DEPOSIT 3 `moo Lessee shall deposit with Lessor Five Hundred Dollars ($500.00) as a security deposit for the faithful performance of and compliance with all the terms and conditions of this lease. 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 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. If all terms and conditions are fully complied with by Lessee, then the security deposit shall be returned to Lessee without interest within sixty (60) days of surrender of the premises in a good state and condition, reasonable use and wear thereof excepted, at the termination of this lease agreement. SECTION EIGHT TAXES AND ASSESSMENTS Lessee will pay all real and personal property tax assessments, general and special, and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, levied or assessed upon the Leased Premises. SECTION NINE MAINTENANCE AND UTILITIES Lessee shall provide for and supply, at its expense, all janitor service with respect to the Leased Premises and any telephone installation or telephone services Lessee requires. Lessor shall pay for all heat, light, gas, and electricity installation and services fees used by it on or in connection with the Leased Premises. Lessee agrees that the Leased Premises will be solely used for the purposes set forth herein and will not be used in such a manner that would increase the amount of utilities usually furnished or supplied for such uses. There are no water or sewer services available in the Leased Premises. Lessee shall provide exterior snow removal on the Leased Premises at its expense. During the term of this lease and any renewal thereof, Lessor shall maintain the hangar in good repair according to the standards established for similar buildings and premises under Lessor's control at the AIRPORT. SECTION TEN Imawl RULES AND REGULATIONS Lessee agrees to observe and obey all AIRPORT rules and regulations, including the Eagle County Regional Airport Rules and Regulations adopted May 28, 2002, and as amended from time to time, and set forth in Exhibit C of this document, attached hereto and incorporated herein by reference. Lessee agrees to follow these Rules and Regulations with respect to use of the premises; provided, however, that such rules and regulations shall be consistent with safety and with rules and regulations and orders of the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) with respect to aircraft operations and security regulations at the airport; and provided further, that such rules and regulations shall not be inconsistent with the provisions of the procedures prescribed or approved from time to time by the FAA and the TSA with respect to the operation of Lessee's aircraft at the airport. SECTION ELEVEN LIABILITY Except in the case of negligence or willful misconduct on the part of Lessor, 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 to property or personal injury caused or occasioned by windstorm, fire, lightning, earthquake, snow, water run-off, theft, rain, 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 airplane, automobile, personal property, parts, surplus, or any other item that may be located on or about the hangar space or injury to any person or persons, including employees or agents of the Lessor. SECTION TWELVE RISK OF LOSS Lessee agrees that any aircraft and the contents therein 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. Lessee assumes the risk of loss or damage to the Leased Premises and its contents and injury to any person or persons, whether from windstorm, fire, lightning, earthquake, snow, water run-off, theft, rain, hail or from any other causes whatsoever. Lessee covenants and agrees that it will indemnify and save harmless Lessor from all demands, claims, costs, causes of action or judgments, and from all expenses that are incurred, in investigating or resisting the same, arising from or growing out of the use of the Leased Premises by Lessee, its contractors, agents, members, stockholders, employees, invitees, servants, sub -tenants, successors and assigns. SECTION THIRTEEN DAMAGE OR DESTRUCTION OF HANGAR Except in the case of negligence or willful misconduct on the part of Lessor, if the Leased Premises are partially damaged by fire, the elements, the public enemy, or other casualty, such E Leased Premises shall be repaired with due diligence by Lessee at its own cost and expense. If the damage is so extensive as to render such Leased Premises untenantable, but capable of being repaired in ninety (90) days, the Leased Premises shall be repaired by Lessee at its own cost and expense, and the rent payable hereunder shall cease until such time as the Leased Premises shall be fully restored. If the Leased Premises are completely destroyed or so damaged that it will remain untenantable for more than ninety (90) days, Lessor may at its sole discretion cancel the lease and the rent paid hereunder shall be apportioned to the date of the damage. In such case, Lessee's duties as set forth in Sections 11 and 12 herein shall survive the termination. SECTION FOURTEEN INSURANCE Lessee shall procure and maintain in force insurance covering the Leased Premises and Lessee's activities therein in minimum amounts as follows: 1. The full market value of all airplanes and equipment in or about the Leased Premises. 2. Public liability insurance in a reasonable amount as determined from time -to -time by the Lessor and Lessee, no less than One Million Dollars ($1,000,000) per person and Two Million Dollars ($2,000,000) per occurrence. 3. Lessee shall be insured for the full replacement cost of the Leased Premises and associated improvements. The proceeds of any insurance shall be used to repair any damage or destruction to the Leased Premises. Lessor shall be furnished with an insurer's certificate naming Lessor as an additional insured and providing that such insurance shall not terminate or be cancelled without first giving Lessor at least ten (10) days' written notice of the impending termination or cancellation; such certificates shall be supplied upon each change of coverage or renewal. 4. Workman's compensation insurance as required by the laws of the State of Colorado. SECTION FIFTEEN INDEMNIFICATION OF LESSOR Lessee hereby agrees to release and indemnify and save harmless Lessor, its officers, agents and employees from and against any and all loss of or damage to property, or injuries to or death of any person or persons, including property and employees or agents of the Lessor, and shall defend, indemnify and save harmless Lessor, its officers, agents and employees from any and all claims, damages, suits, costs, expense, liability, actions, penalties or proceedings of any kind or nature whatsoever, including worker's compensation claims, of or by anyone whomsoever, in any way resulting from, or arising out of, directly or indirectly, its use and occupancy of the 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 sole negligence of the 6 Lessor's officers, agents and employees. Lessor shall give to Lessee prompt and timely notice of any claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect Lessee, and Lessee shall have the right to compromise and defend the same to the extent of its own interest. SECTION SIXTEEN SURRENDER OF POSSESSION On the expiration or termination of this lease agreement, Lessee's right to use of the Leased Premises, equipment and services described herein shall cease, and Lessee shall immediately vacate the premises. The Lessee shall be responsible to put the 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; but, any repair for which the Lessee is responsible shall be completed to the latest practical date prior to such surrender. Should Lessee fail to remove Lessee's aircraft or other property from the Leased Premises upon the termination of this lease, Lessee agrees to pay the sum of One Thousand Dollars ($1000.00) per month as a lease fee for a holdover tenant in addition to the rental amount as set forth herein, until the airplane and other property of the Lessee are removed from the formerly Leased Premises. For purposes of this provision, the lease fee shall not be prorated and any period up to and including thirty (30) days shall be deemed to be a month. Lessee further agrees to pay reasonable attorney's fees for collection of aforesaid holdover lease fee or to compel removal of Lessee's aircraft or property from the premises after the termination of the lease. Except as otherwise provided in this agreement, the fixtures, improvements, equipment, and other property bought, installed or erected by Lessee in, on, or about the Leased Premises, including, but not limited to pipes, pumps, wires, poles, heating and air conditioning equipment, shall be deemed to become the property of Lessor upon conclusion of the lease term if such improvements or property are not removed from the Leased Premises by Lessee in accordance with Section 21 of this agreement. Any and all property not removed by Lessee within a thirty (30) day period after the expiration of the lease shall thereupon become a part of the land on which it is located and title thereto shall thereupon vest in Lessor. 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 INSPECTION BY LESSOR During the term hereof, the Lessor shall have the right to enter the Leased Premises and inspect said premises, either by its Airport Operations Manager or designated employees, at any or all reasonable times upon prior notification of Lessee. SECTION EIGHTEEN ASSIGNMENT AND SUBLETTING Lessee shall not, at any time, assign its rights under this 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 shall pay all costs in connection with any litigation including reasonable attorneys' fees which may be incurred by said Lessor in enforcing the covenants and agreements of this lease. 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 the 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 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 AIRPORT INSTRUMENTS AND IMPROVEMENTS Lessee may place in or on the Leased Premises, without cost to the Lessor, instruments and equipment so long as said instruments or equipment do not interfere with the use of the hangar by Lessor or the operation of the AIRPORT, and subject to this Section Twenty -One. Lessee may make improvements to the Leased Premises provided it first obtains Lessor's written consent thereto, which consent Lessor may refuse in its sole discretion and provided that such improvements shall not interfere with or increase the cost of the use of the remainder of the building of which they are a part, and provided that said improvements shall be removed at the expiration or other termination of the lease and the Leased Premises returned to their pre-existing condition or said improvements shall revert to Lessor as provided for in Section 16 of this agreement. EV On SECTION TWENTY-TWO SUBORDINATION This lease shall subordinate to the provisions of any existing or future agreement between the Lessor and the United States of America, relative to the development, operation or maintenance of the AIRPORT. SECTION TWENTY-THREE SIGNS No sign shall be placed on the Leased Premises without the written approval of the Airport Operations Manager and the Board of County Commissioners pursuant to and in accordance with the Eagle County Airport Planned Unit Development. SECTION TWENTY-FOUR ADDITIONAL CONDITIONS A. DISCRIMINATION. The Lessee for itself, its personal representatives, successors in interest, and assigns, as a part of the considerations 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 otherwise be subjected to discrimination in the use of said facilities. 2. In the construction of any improvements, on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 3. The Lessee shall use the premises in compliance with all other requirements unposed 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. B. ACCOMMODATIONS/SERVICES. Lessee shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided that the Lessee may be allowed to make reasonable and non- discriminatory discounts, rebates or other similar type of price reductions to volume purchasers. 1400 \WOO C. DEVELOPMENT. The Lessor reserves the right to further develop or improve the AIRPORT, including any part thereof and facility thereon, as it sees fit, regardless of the desires or view of the Lessee, however, such development shall not unreasonably interfere with Lessee's use of the Leased Premises. D. INCONVENIENCE DURING CONSTRUCTION. Lessee recognizes that from time to time during the term of this Lease Agreement it will be necessary for the Lessor to initiate and carry forward programs of construction, reconstruction, expansion, relocation, maintenance and repair in order that the AIRPORT and its facilities may be suitable for the volume and character of air traffic and flight activity which will require accommodation, and that such construction, reconstruction, expansion, relocation, maintenance, and repair may inconvenience or interrupt operations at the AIRPORT. Lessee agrees that no liability shall attach to Lessor, its officers, agents, employees, contractors, subcontractors and representatives by reason of such inconvenience or interruption, and for and in further consideration of the premises, Lessee waives any right to claim damages or other consideration therefor, provided, however, that this waiver shall not extend to, or be construed to be a waiver of, any claim for physical damage to property resulting from negligence or willful misconduct. E. MAINTENANCE. The Lessor reserves the right, but shall not be obligated to the 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 the Lessee in this regard. F. MODIFICATION/ALTERATION. Lessee agrees to comply with the notification and review requirement covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Leased Premises, or in the event of any planned modification or alteration of any present or future building or structure on the Leased Premises. G. EXCLUSIVE RIGHT. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 208(a) of the Federal Aviation Act of 1958, as amended. H. STRUCTURAL COMPLIANCE. All improvements to the Leased Premises shall comply with the Eagle County Building Code, the Airport Master Plan, and the specifications included in this lease, and any revisions or amendments thereof. A building permit shall not be issued unless said compliance is shown to the satisfaction of the Lessor. I. NOTICES. Whenever any notice or payment is required by this lease to be made, given or transmitted to the parties hereto, unless otherwise specified herein, such notice or payment shall be deemed to have been given, if enclosed in an envelope with sufficient postage attached to ensure delivery and deposited in the United States mail, addressed to: 10 \qwd Airport Operations Manager Eagle County Regional Airport Post Office Box 850 Eagle, Colorado 81631 tel. 970-328-8246 fax 970-328-8247 American Airlines, Inc. Attn: Vice President, Corporate Real Estate P.O. Box 6196162 MD 5317 DFW Airport, TX 75261-9616 tel. 817-931-0208 fax 817-967-3111 Notice given by mail shall be deemed given the third business day after deposit. If notice also is simultaneously given by facsimile, notice shall be deemed given the business day following the facsimile transmission. Notice may be given by personal delivery to the offices described above or to the Lessee's Airport Station Manager, and shall be deemed given at the time of delivery. J. SUCCESSORS. All covenants, conditions, and revisions in this agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. K. JURISDICTION AND VENUE. This agreement shall be construed under the laws of the State of Colorado. Jurisdiction and venue over any action arising out of this lease shall lie exclusively in the County Court and District Court of Eagle County, Colorado. L. SEVERANCE. 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 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 agreement. M. AMENDMENTS. All amendments to this lease must be in writing by mutual agreement of the parties. The waiver of any breach or condition on one occasion shall not be deemed a waiver of the duty or condition thereafter. N. ADDITIONAL SERVICES. The Lessor shall have no responsibility or liability to furnish any services to Lessee other than those specified in this lease, but Lessee may negotiate with Lessor for any additional services it may request and shall pay for such additional services the consideration so negotiated. 11 WHEREFORE, the parties hereto have executed this agreement effective as of August 23, 2004. LESSOR: COUNTY OF EAGLE, ATTEST: STATE OF COLORADO By and Through Its .ap v'G1E �,° BOARD OF COUNTY COMMISSIONERS ° GZ By: * By: Xb)-g Clerk to the Bo d of OOLOO-o° Tom C. Stone County Commissioners Chairman ATES By. � =� By: Title: LESSEE: AMERICAN AIRLINES, INC. Corporate Real 12 lv� EXHIBIT A The Leased Premises is that portion of the hangar parcel, the entirety of which is described more particularly hereon, which is depicted on the map attached hereto as Exhibit B. The entire parcel on which the hangar is located is described as: Commencing at a point being Corner 1, Tract 56, as established 1974 (shown on Map of Eagle County Airport Properties dated June 7, 1974); thence S 89-10-46 W 472.18' to a point; thence N 70-31 W 339.59' to a point; thence N 89-09 W 1523.57' to a point; thence N 00-51 E 144.97' to a point; thence N 90-09 W 10.0' to a point being the point of beginning; thence 71.5' along the same course to a point; thence N 00-51 E 45.0' to a point; thence S 89-09 E 71.5' to a point; thence S 00-51 W 45.0 to the point of beginning; containing .072 acres (3146.0 sq. ft). 13 WEST 46. V EAGLE COUNTY HANGAR NORTH AMERICAN AIRLINES EGE LEASE <---------- 361 ----------> t I DOOR SOUTH EAST r c EXHIBIT B EAGLE COU.NTY.- tREGIONAL AIRPORT RULES AND REGULATIONS ADOPTED BY THE EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS (May 28, 2002) GENERAL PROVISIONS These Eagle County Regional Airport Rules and Regulations ("Rules and Regulations") are promulgated under Colorado Revised Statues which specifically grant the Eagle County Board of County Commissioners the power "...to provide the rules and regulations governing the use of such airport and facilities..." A. The Eagle County Regional Airport, shall be open for public use subject to certain restrictions which may be necessary -due to inclement weather, in the interest of flying safety, the conditions of the landing area, presentation of special events and like causes as may be determined by the BOCC, or its representative, and subject to such reasonable fees and charges as may be established without unjust discrimination for each class of user. B. The use of the airport or any of its facilities in any manner shall create the obligation and the implied consent of the user to obey all of the regulations provided herein. C. The privilege of using the airport and any and all of its facilities shall be conditioned on the assumption of full responsibility and risk by the user thereof. All users agree to release and hold harmless the County, its representatives, agents and employees from liability for and damage to their property contained in, on and/or over the premises resulting from any cause whatsoever, excepting only such injury or damage which results from the willful acts of the County, its representatives, agents and employees. It is further agreed that as an express condition of this use, the County shall be free from all liabilities and claims for damage, and from all suits therefore, er by reason of an injury to any person or to any property of any kind whatsoever, whether to the person or property of the user or the person or property of its agents or employees, or to their persons or to their property, from any cause whatsoever while any of said person or property is in, upon or over said premises or any part thereof or for any such injury to any person or property aforesaid occasioned by a use of said premises or any activity carried on by the user in connection therewith, and the user hereby covenants and agrees that the user will indemnify and hold harmless the County from all liabilities, charges, expenses (including counsel fees) and costs on account of or by any such injuries, liabilities, claims, suits, or losses however occurring, or by reason of damages growing out of the same. Their exercise of the privilege of use shall constitute an acknowledgment that the County maintains said airport in a governmental capacity. D. No person, not properly certificated or registered by the Federal Aviation Administration (FAA), and no aircraft not similarly certificated, shall operate on the airport; provided, that this restriction shall not apply to public aircraft belonging to the government of the United States or to a state,, territory, possession of any political subdivision, nor to any aircraft of a foreign county operated under permission of the federal government. E. The Eagle County Board of County Commissioners shall initiate amendments, additions, deletions or corrections to these Rules and Regulations as conditions warrant. F. These Rules and Regulations supersede and cancel all previous rules and regulations of Eagle County Regional Airport. G. The Airport Manager is authorized by the Eagle County Board of County -3�- �Ww' other evidence of right issued by the BOCC or its designated representative. BOCC - Eagle County Board of County Commissioners. J. Commercial Aeronautical Activity - Any commercial operation that is related to the operation of Aircraft as prescribed in the Eagle County Regional Airport Minimum Standards for Commercial Aeronautical Activities. K. Commercial Non -Aeronautical Activity - Any commercial operation not directly related to the operation of Aircraft, e.g. restaurant, rental car, or other concessions. L. Driver. Any person who is in actual physical control of a vehicle. M. FAA - United States Department of Transportation, Federal Aviation Administration. N. Fire Authority having jurisdiction - The Gypsum Fire Protection District. O. FBO - Fixed Base Operator. P. Maintenance Aircraft inspection, overhaul, repair, preservation and replacement of parts, including preventative maintenance, as described in Part 43 of the Federal Aviation Regulations. Q. Pilot - Any person who is in actual physical control of an Aircraft. R. Park - The standing of a vehicle or Aircraft, whether occupied or not, other than very briefly for the purpose of, and while actually engaged in, loading or unloading of property of passengers. S. Rules and Regulations - These Rules and Regulations, adopted by the BOCC on May 28, 2002 and as amended from time to time. T. Run-up - Aircraft engine operation above normal idle power for a purpose other than initiating taxi. U. Tower - Eagle County Regional Airport Control Tower V. Vehicle - Any device which is capable of moving or being moved, from place to place upon wheels; does not include any device moved by muscular power or designed to move primarily through the air. Ill. AIRCRAFT RULES A. All aeronautical activities at the Airport shall conform to the current applicable provisions of FAA regulations and orders; applicable state and local law; rules and regulations issued by the BOCC; and instructions and directives issued by the Airport Manager, in accordance with these Rules and Regulations. . B. The Airport Manager may deny use of the Airport to any person in violation of these Rules and Regulations or FAA regulations. C. The Airport Manager shall prohibit Aircraft operations when the Airport Manager -5- T. Aircraft painting shall be performed only in hangars approved for that activity. U. Cleaning of Aircraft shall be performed only in the areas and in the manner prescribed by the Airport Manager and in compliance with the Storm Water management Plan. V. The pilot or owner of an Aircraft involved in an accident on the Airport resulting in injury to person or damage to property shall notify the Airport Manager immediately and comply with the applicable provisions of national Transportation Safety Board Regulations, Part 380. W. An Aircraft involved in an accident on the Airport shall not be removed from the scene of the accident until authorized -by the Airport Manager who shall receive removal authorization from the Flight Standards District Office or National Transportation Safety Board, when applicable. X. Once authorization for removal of a disabled Aircraft has been issued, the owner or pilot shall make immediate arrangements to have the Aircraft moved. If removal is not initiated within a reasonable amount of time as determined by the Airport Manager, the Airport Manager may have the Aircraft removed at the owner's sole risk and expense. Y. No aircraft having a listed Manufacturer's Maximum Gross Takeoff Weight in excess of those weights established by the BOCC, and as amended in the future, shall be operated on the airport without the expressed written authorization of the Airport Manager. Z. In the event of any damage to airport property from any type of accident, crash or fire; or resulting from. any malfunction or operation; the owner or pilot of the aircraft involved is responsible to the County for the actual damage, the amount of which is to be ascertained by the County who shall require payment by the owner or operator. IV. VEHICLE TRAFFIC A. All vehicle drivers on the Airport shall comply fully with the State of Colorado Motor vehicle Laws, these Rules and Regulations, and instructions issued by the Airport Manager or law enforcement. B. Unless otherwise authorized by the Airport Manager, all vehicles operating on the AOA shall be registered with the Airport Manager and must display a current Airport annually renewed issued decal. Further, all such private vehicles with permitted access to the AOA, shall show proof of insurance naming Eagle County as an additional insured. C. Vehicle operations on the AOA shall be conducted in a careful and prudent manner so as not to endanger the life, limb or property of any person and in contact with the Tower. D. All vehicle drivers shall obey posted regulatory signs and all instructions and directives of the Airport Manager. E. Except for authorized emergency vehicles, the maximum allowable speed on the AOA is 15 miles per hour. F. No vehicle shall operate in close proximity to an Aircraft so as to create a hazard or interfere with the safe operation of the Aircraft. -7- � �*Ww E. No person shall litter any area of the Airport and each person shall ensure that all trash and refuse is properly disposed of in the appropriate container. F. No person shall commit any disorderly, indecent, lewd, or unlawful act or commit any nuisance on the Airport. G. The Eagle County Liquor Code shall control consumption of intoxicating liquors at the Airport. H. Interference with safe operation of an Aircraft landing at, taking off from, or operating on the Airport is prohibited. I. All domestic pets must be restrained by leash or confined in an area designated by the Airport Manager. J. Hunting and trapping are prohibited on the Airport. K. Horseback riding is prohibited within the security fence. L. Articles found in public areas at the Airport shall be turned over to the Airport manager. Articles unclaimed by the owner.within 30 days may be returned to the finder or otherwise legally disposed of by the Airport Manager. M. No person shall make, possess, use, offer for sale, pass or deliver any forged or falsely altered pass, permit, identification card, sign or other authorization purporting to be issued by or on behalf of the .Airport Manager. N. Gambling and bet making in any form at the Airport is prohibited. O. All signs installed on the Airport shall meet the Eagle County Sign Code requirements and shall be approved in writing by the Airport Manager. P. Persons shall not enter any restricted area without the prior authorization of the Airport Manager. Q. Tampering or interfering with secured Airport property is prohibited. R. Discharge of any weapon, except in the performance of official duties or in the lawful defense of life or property, is prohibited on the'Airport. S. Persons entering the Airport are required to produce identification, when asked to do so by -the Airport Manager. VI. CONSTRUCTION ON AIRPORT A. Any construction or alteration taking place on the Airport shall be performed in compliance with FAA, state and BOCC guidelines, and proper building permits shall be obtained. B. No construction shall take place on the Airport without execution of a written agreement with the BOCC and written approval of a construction start date by the Airport Manager In K. Hangar floors shall be kept free from the. accumulation of oil, grease, flammable liquids, rags or other waste materials. L. Drip pans shall be placed under engines of stored Aircraft and shall be maintained so as to prevent accumulations of liquid in the pans. M. Spilled oil, grease, fuel, or similar material shall be immediately cleaned up and the Airport Manager shall be notified. Failure to clean the area shall result in the Airport Manager arranging cleanup at the expense of the responsible party. N: Doping processes, painting, or paint stripping shall be performed in hangars approved for that activity and in compliance with the Uniform Fire Code and the Airport Storm Water Management Plan. O. All empty oil, paint and varnish cans, bottles or other containers shall be disposed of in a timely manner and shall not remain on the floor, wall stringers or overhead storage areas of the hangars or other buildings. P. No boxes, crates, rubbish, paper or litter of any kind shall be permitted to be stored in or about the hangars or other buildings. Q. All heating equipment and fuel burning appliances installed on the Airport shall comply with the requirements of the BOCC, the Uniform Fire Code, National Board of Fire Underwriters, and the Fire Chief. IX. FUELING OPERATIONS A. Fueling of Aircraft on the Airport shall be performed only by the FBO(s) and shall comply with all procedures and standards set forth by the BOCC. B. All fueling operations on the Airport shall be in accordance with the directives of the Fire Authority, the Uniform Fire Code, and the applicable sections of the FAA Regulations, Part 139. C. No Aircraft shall be fueled while an engine is running unless prior authorization has been received from the Airport Manager and FBO. D. Fueling or defueling operations shall be conducted with adequate fire extinguishers immediately available. All extinguishers shall be inspected and certified, as required by law, and all personnel involved with fueling operations shall be properly trained on the use of fire extinguishers. E. Starting an Aircraft when there is flammable material on the ground in the immediate vicinity of the Aircraft is prohibited. F. No Aircraft shall be fueled or defueled if an electrical storm is in progress within 3 miles of the Airport. r G. During fueling or defueling, the Aircraft and the dispensing apparatus shall be bonded in order to equalize voltage potential. H. All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a bonding device to prevent ignition of volatile liquids. -11- ATTACHMENT I SCHEDULE OF MINIMUM INSURANCE REQUIREMENTS A. FIXED BASE OPERATOR 1. Aircraft Liability Combined Single Limit KBodily Injury & Property Damage $5,000,000 each occ. 2. Comprehensive Public Liability and Property Damage Combined Single Limit Bodily Injury & Property Damage $5,000,000each occ. 3. Hangars Keeper's Liability $ 500,000each occ. 4. Product's Liability $ 500,000each occ. 5. Student and Renter's Liability $ 500,000each occ. 6. Building fire and Extended Coverage, Vandalism and Malicious Mischief, Earthquake and Volcanic Eruption and Boiler and Machinery Insurance in the amount of 80% of the full insurable value as from time to time determined by the Airport Manager, or designated representative. 7. Rental Insurance on leased facilities in the amount of the lease. B. AIRCRAFT SALES 1. Aircraft Liability Combined Single Limit Bodily Injury & Property Damage $1,000,000each occ. 2. Comprehensive Public and Property Damage Combined Single Limit Bodily Injury & Property Damage $1,000,000each occ. 3. Hangars Keeper's Liability $ 500,000each occ. 4. Products Liability $ 500,000each occ. C. AIRCRAFT RENTAL 1. Aircraft Liability Combined Single Limit Bodily Injury & Property Damage $1,000,000each occ. 2. Comprehensive Public and Property Damage J5 0 Combined Single Limit Bodily Injury & Property Damage $1,000,OOOeach occ. 3. Student and Renter's Liability $ 500,O00each occ. D. FLIGHT TRAINING: UNRESTRICTED FAR PART 61 OR 141 1. Aircraft Liability Combined Single Limit Bodily Injury & Property Damage $1,000,OOOeach occ. 2. Comprehensive Public and Property Damage Combined Single Limit Bodily Injury & Property Damage $1,000,000each occ. 3. Student and Renter's Liability $ 500,OOOeach occ. 4. Hangars Keeper's Liability $ 500,OOOeach occ. E. PUBLIC AIRCRAFT FUELS AND OIL DISPENSING SERVICE 1. Aircraft Liability Combined Single Limit Bodily Injury & Property Damage $1,000,000each occ. 2. Comprehensive Public and Property Damage Combined Single Limit Bodily Injury & Property Damage $1,000,OOOeach occ. 3. Hangars Keeper's Liability $ 500,O00each occ. 4. Products Liability $ 500,000each occ. F. AIRCRAFT AIRFRAME AND ENGINE REPAIR AND MAINTENANCE 1. Aircraft Liability Combined Single Limit Bodily Injury & Property Damage $1,000,000each occ. 2. Comprehensive Public and Property Damage Combined Single Limit Bodily Injury & Property Damage $1,000,OOOeach occ. 3. Hangars Keeper's Liability $ 500,000 each occ. 4. Products Liability $ 500,000 each occ. G. AIRCRAFT CHARTER AND AIR TAXI SERVICE 3} 1. Aircraft Liability Combined Single Limit Bodily Injury & Property Damage 2. Comprehensive Public and Property Damage Combined Single Limit Bodily Injury & Property Damage 3. Hangars Keeper's Liability 4. Products Liability H. SPECIALIZED AIRCRAFT REPAIR SERVICES 1. Comprehensive Public and Property Damage Combined Single Limit Bodily Injury & Property Damage 2. Hangars Keeper's Liability 3. Products Liability I. SPECIALIZED COMMERCIAL FLYING SERVICE 1. Aircraft Liability Combined Single Limit Bodily Injury & Property Damage 2. Comprehensive Public and Property Damage Combined Single Limit Bodily Injury & Property Damage 3. Hangars Keeper's Liability 4. Products Liability J. FLYING CLUBS 1. Aircraft Liability Bodily Injury and Property Damage Including Passengers (Club Members Must Be Named Insured) K. AIRPORT TENANT 1. Aircraft Liability Bodily Injury $1,000,000 each occ. $1,000,000 each occ. $ 500,000 each occ. $ 500,000 each occ. $1,000,000 each occ. $ 500,000 each occ. $ 500,000 each occ. $1,000,000 each occ. $1,000,000 each occ. $ 500,000 each occ. $ 500,000 each occur. $1,000,000 each occ. $ 100,OOOea. per. Property Damage Passenger Liability $ 300,000ea. occ. $ 100,000 ea.occ. $ 100,000 ea. pass. $ 300,000 ea. occ. 2. Comprehensive Public and Property Damage Bodily Injury $ 100,000 ea. per. $ 300,000 ea. occ. Property Damage $ 100,000 ea. occ. L. NON-COMMERCIAL AIRCRAFT FUELS AND OIL DISPENSING 1. Aircraft Liability Bodily Injury $ 100,000 ea. per. $ 300,000 ea. occ.- Property Damage $ 100,000 ea. occ. 2. Comprehensive Public and Property Damage Bodily Injury $ 100,000 ea. per. $ 300,000 ea. occ. Property Damage $ 100,000 ea. occ. M. MOTOR VEHICLE Any Operator, airport tenant or person operating a motor vehicle, licensed or unlicensed shall procure and maintain for any of its motor vehicles, which are operated on the Airport proper, Motor Vehicle Liability insurance in the following limits: Motor Vehicle Liability: Combined Single Limit Bodily Injury & Property Damage $ 600,000 ea. occ. jkslagreementslminimum stands final 3-5-02 DISTRIBUTION Originals to: 1. Contract Boo 2. 3. 4. `J Copies to: I. Accounting 2. 3. 4. OFFICE OFTHE COUNTYATTORNEY (970) 328-8685 FAX: (970) 328-8699 www.eaglecountyus EAGLE. COUNTY November 15, 2004 American Airlines Corporate Real Estate P.O. Box 619616, MD 5317 DFW Airport Dallas, TX 75261-9616 Attn: Ernestine Milo VIA US POSTAL SERVICE Dear Mr. Milo: Enclosed for your records is an original Hangar Lease Agreement between Eagle County Regional Airport and American Airlines. Please do not hesitate to contact me if you have any questions. Very truly yours, Bryan Treu Assistant County Attorney BRT:pn Enclosures Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 October 13, 2004 Chris Anderson Airport Administration Eagle. County Airport P. O. Box 850 Eagle, CO 81631 Re: Lease Agreement Enclosed are 4 originals of each subject agreement signed on behalf of American Airlines. When fully executed, please return one original for our records. Should you have any questions or need additional information, please do not hesitate to contact me at 817/967-3038. Sin erely, rn tine Milo Lease Administrator Corporate Real Estate MD5317 — HDQ1 CL: Lease CORPORATE REAL ESTATE, P.O. BOX 619616, MD 5317, DALLAS/FORT WORTH AIRPORT, TEXAS 75261-9616