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HomeMy WebLinkAboutC05-145 Neff606- 146 - -40 AGREEMENT FOR LEASE OF TIE -DOWN SPACE EAGLE COUNTY REGIONAL AIRPORT THIS LEASE AGREEMENT is made and entered into this 26nd day of April, 2005 by and between the County of Eagle, State of Colorado., a body corporate and politic, by and through its Board of County Commissioners, herein referred to as the "Lessor", and Mike Neff, hereinafter referred to as the "Lessee". WITNESSETH: WHEREAS, Lessor is the owner of an airport known as the Eagle County Regional Airport situated in the County of Eagle, State of Colorado, herein referred to as the "Airport"; and WHEREAS, the Lessor, pursuant to Sections 3 0-11-107(1)(J), 41-4-101, 41-4-106 and 41-4-1121, C.R.S., has the authority with respect to the operation of said airport to lease space for the purpose of providing aircraft tie -down spaces to individuals and/or entities and to exact the required fees therefore; and WHEREAS, said leasing is declared to be a public governmental function, exercised for a public purpose, and is declared a matter of public necessity; and WHEREAS, Lessee is desirous of leasing a tie -down space at said airport. AGREEMENT: NOW THEREFORE, for and in consideration of the mutual covenants, conditions and provisions contained herein, the parties hereto agree as follows: SECTION ONE TIE -DOWN SPACE Lessor grants Lessee the exclusive use of that portion of the airport premises described as follows: Space No. 7, together with any and all improvements currently on said space used for tying down aircraft, i.e.: chains, chocks, etc. SECTION TWO TERM Subject to earlier termination as hereinafter provided, this lease shall be for an annual term commencing on April 26, 2005, alid terminating on April 25, 2006. Lessor may opt to renew this agreement for additional annual terms subject to the same terms and conditions of the then existing lease or under new terms and conditions as agreed to by Lessor and Lessee. Lessee shall notify Lessor in writing of Lessee's intention to exercise the renewal option and make payment of the next year's rental not less than ten (10) days before the expiration of the initial term thereof. SECTION THREE RENTALS Lessee agrees to pay Lessor for the use of the premise, equipment, rights, services and privileges granted hereunder rentals and charges according to the following schedule: For the exclusive use of the tie -down space referred to hereinabove, the sum of THREE HUNDRED SIXTY DOLLARS ($ 360.00) PER AIRCRAFT WITH A WINGSPAN OF LESS THAN FORTY (40) FEET, AND FIVE HUNDRED SEVENTY DOLLARS ($ 570.00) PER AIRCRAFT WITH A WINGSPAN OF FORTY (40) FEET OR MORE, due and payable upon execution of this lease, and prior to each and every renewal. SECTION FOUR INFORMATION Lessee shall furnish the following information: Description of Plane Cessna 182 Aircraft N#: N52726 Registered Owner: Mike Neff Home Phone: (970) 748-1148 Business Phone: (970) 949-5633 Aircraft Insurance Company AIG Address of Insurance Company Noel Harris — Wall St. Insurance, Edwards, CO Lessee covenants and agrees to notify Lessor in writing within ten (10) days of any change in the information herein. SECTION FIVE EQUIPMENT FOR TIE -DOWN SPACES Lessee agrees to accept such equipment located on the leased premises on an "as is" basis; further, Lessor hereby disclaims, and Lessee accepts such disclaimer of, any warranty, either expressed or implied, of the condition, use of fitness of such equipment provided by the Page 2 of 9 GAADMIMLeases & AgreementsUie-Downs\Tie-Down Lease.Revised 6.3.04.DOC Lessor, and Lessee assumes full responsibility to furnish any additional equipment necessary to properly secure its aircraft. SECTION SIX DEPOSIT Lessee has deposited with Lessor one-half of agreed upon annual rate 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 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 Rinds 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 on surrender of the premises in a good state and condition, reasonable use and wear thereof excepted, at the termination of this lease agreement. SECTION SEVEN ' RESTRICTION ON USE OF OTHER TIE -DOWN SPACES Lessee shall not, at any time, tie -down or park its aircraft or otherwise use any other tie - down spaces except the exclusive tie -down space leased to Lessee herein above. In the event Lessee utilizes an unauthorized tie -down space, Lessor, by and through its designated representative, shall tow Lessee's aircraft from said space and charge Lessee a towing fee in the amount of One Hundred Dollars ($100.00). Notwithstanding the above, if Lessee is unable to tie -down or park its aircraft or otherwise use its exclusive tie -down space through no fault of its own and by reason that Lessee's exclusive tie -down space is otherwise being occupied by an unauthorized aircraft, Lessee shall have the right to tie -down its aircraft in an unoccupied tie -down space and shall notify the Lessor without unreasonable delay of the circumstances surrounding Lessee parking and/or otherwise using a tie -down space other than Lessee's exclusive tie -down space. In such event, Lessor shall. waive and shall not charge the Lessee a towing fee in the amount of One Hundred Dollars ($100.00) referred to in the paragraph above. SECTION EIGHT RIGHT OF INGRESS AND EGRESS Page 3 of 9 GAADMIN\Leases & Agreements\Tie-Downs\Tie-Down Lease.Revised 6.3.04.DOC 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. SECTION NINE PAYMENTS All payments, charges and fees due and payable under this lease agreement shall be payable to the order of the Eagle County Treasurer, and shall be submitted and/or delivered to the: Eagle County Airport P.O. Box 850 Eagle, Colorado 81631 SECTION TEN ASSIGNMENT Lessee shall not assign, sublet, sell or transfer Lessee's rights under this lease agreement without prior written consent of the Lessor. Subject to the foregoing, this lease agreement inures to the benefit of, and is binding on, the heirs, legal representatives, successor and assigns of the parties hereto. SECTION ELEVEN LIABILITY 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 occasioned by fire, theft, rain, windstorm, hail or from any other cause whatsoever, whether said cause be the direct, indirect or merely a contributing factor in producing the loss to any airplane, automobile, personal property, parts, surplus, or any other item that may be located on or about the tie -down space. SECTION TWELVE RISK OF LOSS Lessee agrees that any aircraft and the contents therein which are tied -down pursuant to this lease agreement are at Lessee's sole risk. 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 Page 4 of 9 GAADMIMLeases & AgreementsUie-Downs\Tie-Down Lease.Revised 6.3.04.DOC 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 tie -down space 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 Lessor's officers, agents and employees. SECTION FOURTEEN LIEN Lessee hereby gives and grants to Lessor a lien upon, and hereby assigns to Lessor, all fixtures, chattels and personal property of every kind and description or hereafter to be placed, installed or stored by Lessee, at the airport. In the event of any failure on the part of Lessee to comply with each and every one of the covenants and obligations hereof, or in the event of any default continuing for thirty (30) days of any specified rent, Lessor shall notify the Lessee in writing of such breach and/or default of the provisions of this agreement. In the event Lessee does not cure such default and/or breach within thirty (30) days from the receipt of such notification from Lessor, Lessor shall have the right to take possession of and sell all fixtures, chattels and personal property of every kind and description now and hereafter placed, installed or stored by Lessee at the airport in any manner provided by law and may credit the net proceeds upon any indebtedness due, or damage sustained by Lessor, without prejudice to further claims thereafter to arise under the term thereof. SECTION FIFTEEN RULES AND REGULATIONS Lessee agrees to observe and obey reasonable rules and regulations, including the Eagle County Regional Airport Rules and Regulations adopted May 28, 2002 and set forth in Attachment One of this document. 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 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 vacate the Page 5 of 9 GAADMIMLeases & AgreementsMe-DownsMe-Down Lease.Revised 6.3.04.DOC IWMf premises without unreasonable delay. 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 current monthly rent, prorated 100%, but in no case less than 50% of monthly rent as rent for a holdover tenant until the airplane 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 Fourteen herein. Lessee further agrees to pay reasonable attorney fees at a rate of One Hundred Dollars ($100.00) per hour for collection of aforesaid holdover rent or to compel removal of Lessee's aircraft or property from the premises after the termination of the lease. 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 INCREASED FEES Lessor may increase or decrease the rent charged herein upon ten (10) days prior written notice to Lessee. SECTION EIGHTEEN INSPECTION Lessor shall have the right to enter said leased premises at any time for inspection or to make repairs, additions or alterations as may be necessary for the safety, improvement or preservation of the leased premises. SECTION NINETEEN TERMINATION BY LESSOR Lessor shall have the right to terminate this lease agreement at any time with or without cause on delivery of written notice to the Lessee at its last known address and upon refunding to Lessee a prorated amount of the charges heretofore provided for the unexpired portion of the term following the date of such termination. In the event that such termination is without cause and Lessor has available other suitable tie -down spaces, Lessee shall have the right to enter into a lease agreement for same. SECTION TWENTY TERMINATION BY LESSEE Page 6 of 9 GAADMIMLeases & Agreements\Tie-DownATie-Down Lease.Revised 6.3.04.DOC This agreement may be terminated by Lessee provided that the rent for the tie -down space to the date of such termination has been paid in full to Lessor, and provided further that Lessee gives Lessor at least ten (10) days written notice of its intention to terminate. If the term of this lease agreement is on an annual basis, the prorated amount to be refunded shall be calculated on a monthly basis. SECTION TWENTY-ONE ADDITIONAL CONDITIONS A. Whenever any notice of 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 upon the mailing of said notice or payment by United States certified, first class mail, postage prepaid, and addressed to the parties at the respective addresses as shall appear herein or upon a change of address pursuant to this notice provision. B. 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 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. C. All amendments to this lease must be in writing by mutual agreement of the parties and no oral amendments shall be of any force or effect whatsoever. D. 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 Eagle County Airport and its facilities may be suitable for the volume and character of air traffic and flight activity which will require accommodation, and that such construction, reconstruction, expansion, relocation, maintenance, and repair may inconvenience or interrupt operations at the Eagle County Regional Airport. 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. . SECTION TWENTY-TWO LEASE PROVISIONS REQUIRED OR SUGGESTED BY THE FAA A. Eagle County agrees to operate the Leased Premises for the use and benefit of the public, more specifically as follows: 1. To furnish good, prompt, and efficient services adequate to meet all the demands for its services at the Airport, Page 7 of 9 GAADMIN\Leases & AgreementsMe-DownsMe-Down Lease.Revised 6.3.04.DOC 2. To furnish said services on a fair, equal, and non-discriminatory basis to all users thereof, and 3. To charge fair, reasonable, and non-discriminatory prices for each unit of sale or service, provided that County may be allowed to make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. Eagle County, for itself, its 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 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. Eagle County shall use the 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, as said Regulations may be amended. In the event of breach of any of the above non-discriminatory covenants, the County shall have the right to terminate the Lease and to re-enter and repossess the Leased Premises and the facilities thereon, and hold the same as if said Lease had never been made or issued. This provision does not become effective"until the procedures of 49 CPR Part 21 are followed and completed, including expiration of appeal rights. C. Affirmative Action. 1. Eagle County assures that it will undertake an affirmative action program, as required by 14 CFR Part 152, Subpart E, to ensure that no person shall, on the ground of race, creed, color, national origin, or sex, be excluded from participating in any employment, contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. County assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by this subpart. The County assures that it will require that its covered organizations provide assurance to the grantee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganization, as required by 14 CPR Part 152, Subpart E, to the same effect. Page 8 of 9 GAADMIN\Leases & Agreements\Tie-DownsUie-Down Lease.Revised 6.3.04.DOC �Mwv 2. Eagle County agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR, Part 152, Subpart E, as part of the affirmative action program or by any Federal, state or local agency or court, including those resulting from a conciliation Lease, a consent decree, court order, or similar mechanism. The County agrees that state or local affirmative action plan will be used in lieu of any affirmative action plan or steps required by 14 CFR Part 152, Subpart E only when they fully meet the standards set forth in 14 CFR 152.409.The County agrees to obtain a similar assurance from its sub -lessees' covered organizations, and to cause them to require a similar assurance of their covered suborganizations, as required by 14 CFR Part 152, Subpart E. IN WITNESS WHEREOF, the parties have executed this lease agreement at the day and year first above written. LESSOR: COUNTY OF EAGLE, STATE OF COLORADO By (Signature): Printed Name: Ovid Seifers Title: Airport Manager Company: Eagle County Airport Address: P.O. Box 850, Eagle CO, 81631 Phone: (970) 524-8246 LESSEE: NA 1 K S NC—FF By. s Printed Name: Mike Neff Title: President Company: Michael Neff Agency, Inc. Address: P.O. Box 1246 Avon, CO 81620 Phone: (970) 748-1148 Page 9 of 9 G:IADMIMLeases & AgreementsUie-DownsMe-Down Lease.Revised 6.3.04.DOC 1.31 7 APR I-- APR 2 E,n�LEC01!itirf if MN EY