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HomeMy WebLinkAboutC04-395 Hertz Corporation604 -.5 f5 - -10 4 Nftp� BUILDING LEASE BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND THE HERTZ CORPORATION -3*� E ' made and entered into this day of m er 2004 b and THIS LEAS is y � Y 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 The Hertz Corporation, 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 garage building located on the eastern side of the AIRPORT commonly referred to as the "Ambulance Building" (hereinafter referred to as either the "Ambulance Building" or the "Leased Premises") as more particularly identified in Exhibit A (aerial photographs depicting the location of the Ambulance Building) and Exhibit B (Engineer drawings depicting the dimensions of the Ambulance Building), attached hereto and incorporated by reference; and WHEREAS, Lessee desires to lease said building for purposes of rental car service; and WHEREAS, Lessor is willing to lease the Ambulance Building to Lessee to be used for rental car service; and WHEREAS, Lessee acknowledges that there are no water or sewer/septic services on or available to the Leased Premises. 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 Ambulance Building (hereinafter referred to as either the "Ambulance Building" or the "Leased Premises"), as more particularly identified in Exhibit A i (aerial photographs depicting the location of the Ambulance Building) and Exhibit B (Engineer drawings depicting the dimensions of the Ambulance Building), attached hereto and incorporated by reference. Lessee shall use the Leased Premises solely for the purpose of rental car service and purposes reasonably incidental thereto. By entering into this lease, Lessor grants no rights or privileges for the use of the AIRPORT to operate any other business or on any other part thereof to Lessee. SECTION TWO PARKING SPACE Lessee shall provide parking spaces on the Leased Premises adequate for the prescribed use of the Leased Premises. Automobile parking on the premises or other areas of the AIRPORT shall be only in areas approved by the Airport Operations Manager. There shall be no outdoor vehicle storage, no overnight parking, and no parking of any vehicles except for those of working personnel or of persons employed upon the Leased Premises without the written permission of the Airport Operations Manager. 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. SECTION FOUR TERM Subject to earlier termination as hereinafter provided, the term of this lease shall commence on December 1, 2004 and terminate on March 31, 2005. 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 sixty (60) 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. Lessor shall have the right to terminate this lease agreement at any time with or without cause upon sixty (60) 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 Lessee shall pay to Lessor a sum of Three Hundred Dollars ($300.00) per month, payable in advance, and due on the first day of each month. The first payment is due upon execution of this lease agreement. Any rent charges overdue for more than ten (10) days will have M additional late fee added to cover additional administrative costs. The late fee will equal ten percent (10%) of the current monthly rental. 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. 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 Lessee shall deposit with Lessor Three Hundred Dollars ($300.00) 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 be solely liable for all utility installation and services to the Leased Premises. Lessee shall be responsible for bringing all services and utilities up to the standards required by applicable codes and regulations for Lessee's authorized operations, but Lessee may not install water or sewer/septic services. Lessee shall provide for and supply, at its expense, janitorial and trash removal services with respect to the Leased Premises. Lessee shall pay for all telephone, heat, light, gas, and electricity installation and services fees used by Lessee on or in connection with the Leased Premises. Lessee shall provide access to restroom facilities, on or off the leased site, for its employees working at the leased site. Lessee shall provide exterior snow removal on the Leased Premises and the access road from Cooley Mesa Road serving the Leased Premises at its sole expense. Lessee shall not discharge water or other solids or liquids upon the Leased Premises. All wastes generated by Lessee at the Leased Premises shall be placed in appropriate, lawful containers and removed from the property. Lessee accepts the Leased Premises in its existing, as -is condition, and Lessee is solely responsible for the Leased Premises being in a condition suitable for Lessee's maintenance operations. SECTION TEN 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 4 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 DAMAGE OR DESTRUCTION OF LEASED PREMISES If the Leased Premises are damaged by fire, the elements, the public enemy, or other casualty: (a) if the damage is so extensive ats to render the Ambulance Building untenantable, but capable of being repaired within thirty (30) days, the building may be repaired by Lessor at its own cost and expense, and the rent payable hereunder shall cease until such time as the building shall be fully restored; (b) if the Ambulance Building is completely destroyed or is so damaged that it will remain untenantable for more than thirty (30) days, Lessor may at its sole discretion cancel the lease and no further contractual obligations shall exist, and the rent paid hereunder shall be apportioned to the date of the damage. SECTION TWELVE 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 vehicles and equipment on the Leased Premises. 2. Commercial general 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. Workman's compensation insurance as required by the laws of the State of Colorado. Proof of insurance, naming Lessor as an additional insured with respect to property and liability insurance coverages, shall be provided to Lessor in a form satisfactory to it before Lessee's occupancy of the Leased Premises and immediately upon any change or renewal of such coverage. 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 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. 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. SECTION ]FOURTEEN SURRENDER OF POSSESSION On the expiration or termination of this lease agreement, Lessee's right to use of the Leased Premises shall cease, and Lessee shall immediately vacate the premises. The Lessee shall be responsible to put the premises 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. 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. 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 FIFTEEN 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 SIXTEEN 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. 0 Imov SECTION SEVENTEEN 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 EIGHTEEN, 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 NINETEEN EQUIPMENT AND IMPROVEMENTS Lessee may place in or on the Leased Premises, without cost to the Lessor, equipment so long as it does not interfere with the operation of the AIRPORT, and subject to this Section Nineteen. 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 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 14 of this agreement. SECTION TWENTY 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. 7 n Lam/ SECTION TWENTY-ONE 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-TWO 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 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. 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. 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, and without interference or hindrance. 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 damE ge 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: LESSOR: Airport Operations Manager Eagle County Regional Airport Post Office Box 850 Eagle, Colorado 81631 tel. 970-328-8246 0 fax 970-328-8247 LESSEE: The Hertz Corportaion 225 Brae Boulevard Park Ridge, New Jersey 07656 Attn: Vice President, Properties and Concessions and Jackie Agan Property and Concessions Director 24890 East 78t' Street Denver, Colorado 80249 tel. 303-342-3919 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 10 negotiate with Lessor for any additional services it may request and shall pay for such additional services the consideration so negotiated. WHEREFORE, the parties have executed this agreement effective as of December 1, 2004. ATTEST: Clerk to the Board of County Commissioners ATTEST: LESSOR: COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS By: <g9. Tom C. Stone Chairman By: By: Robert M. H z Assistant Sec tary LESSEE: CORPORATION At,-Y- Si on Ellis Title: Vice President, Properties and Concessions 11 Legend —••� Approsrvete Parcel Boundaries w� e �..—� loot survey accurate) Eagle County Airport Aerial PhotographyDate:2003 EAGLE COUNTY 0 250 500 O ' S00 20 s Old Ambulance Building b b� c 4 1 r Y: Jones Hanger Old Ambulance Bldg A WE Eagle County Airport Legend g Approx(notsurveyacurate)mate Parcel ounderies Old Ambulance Building 200 L.._• (not survey accurate) EAGLE COUNTY 0 Feet Aerial Photography Date: 2OW3 ERGLE CTY RIRPORT ADMI I 05248247 SEP OR 9 12:15 No.019 P.14 I F Ib I. I. A S S 0 C I AT B S, I N Airport �Q4�aG� Page •IF onRT r. ON t 111 TAN r6 f. Nn, ur r n K 1000 i MOMMEW eLVO • •UnOnk CO 80010 Project No. —_.._._-. Dote —__...... Mado by Cheeked ny.._...___._.... . F,nal -. GaoL�`l' ti. ,2n�D �..o—•.------- MOB � —_— J 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, or 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- Commissioners to enforce these Rules and Regulations. H. All persons entering or using the Eagle County Regional Airport property shall be governed by these Rules and Regulations prescribed herein; hereinafter promulgated, and by such subsequent additions, amendments and/or modifications hereto as may be adopted by the BOCC relative to the use or occupation of any part of the property or facilities thereon comprising the airport. I. A violation of these Rules .and Regulations ma•i cause the penalty to escalate from a temporary loss of the privilege to permanent revocation :; access privileges, to ultimately, termination of lease or other agreements, denial of use of Eagl ° County Regional Airport and/or prosecution under applicable law. > J. Any person denied use of the Eagle County Regional Airport due to violation of these Rules and Regulations shall only use the Airport for the purpose of enplaning or deplaning Aircraft. K. Voiding of any specific rule or regulation shall not affect the validity of the remainder of these Rules and Regulations. L. Special Regulations, Notices, Memorandums, or Directions of an operations nature of interest to person engaged in business with the airport may be issued under the authority of these Rules and Regulations. M. All individuals entering restricted access areas of the airport (buildings and/or grounds) will hold and display valid identification media (ID Badge) for such areas, as required by Eagle County and the FAA/TSA. if. DEFINITIONS A. AARF - Aircraft Rescue and Fire Fighting. B. Abandoned aircraft - Any aircraft left unattended and stationary on the airport property in an inoperable condition or under such circumstances that evidence an intention by the owner/operator-to voluntarily surrender, relinquish or disclaim the aircraft. C. Abandoned vehicle - Any vehicle which has remained stationary on the Airport in excess of 72 hours and is in a condition that would render the vehicle inoperable including but not limited to expired license plates, missing or flat tire, or broken window. D. Airport Operations Area ("AOA") - For the purposes of these Rules and Regulations includes runways and taxiways. E. Aircraft - Any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air. F. Airport - All -land within the legal boundaries of Eagle County Regional Airport. G. Airport Manager - The person hired by the County to administer and direct the operation of the Airport and to enforce these Rules and Regulations and/or the Airport Manager's designated agent. H. "Authorized," means acting under or pursuant to a written contract, permit or 13 P3 other evidence of right issued by the BOCC or its designated representative. I. 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 relate-td to the operation of Aircraft, e.g. restaurant, rental car, or other conimssions. 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. lll. 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- '%Wo� determines that conditions are such that continued operations would be unsafe and shall issue a NOTICE TO AIRMEN (NOTAM) to close a portion or the entire Airport or to terminate or restrict activity on the Airport. D. At the request of any owner or operator of an Aircraft, the Airport Manager shall have any person who creates a nuisance or a threat to person, property or Aircraft removed from said Aircraft. E. Operating an Aircraft in a careless or negligent manner, or in disregard of the rights and safety of others, orwl,'bbut due caution; or at a speed or in a manner which does or is likely to endanger persons or pig:: erty, is .prohibited. F. Aircraft pilots shall obey all pavement markings, signage and lighted signals. G. The positioning, starting or taxiing of Aircraft shall be done in such a manner so as not to cause propeller slipstream or jet blast that may result in injury to persons or damage to property. H. Aircraft shall not be started or taxied within any structure on the Airport. I. Aircraft shall be parked only in those areas designed for such purpose by the Airport Manager and shall be positioned in such a manner so as not to block taxi lanes or obstruct access to hangars, parked Aircraft or operators. J. Aircraft pilots shall ensure that Aircraft are properly tied down or chocked when parked. K. Passengers and cargo shall be enplaned/deplaned only in areas designated by the Airport Manager. L. Run-up of jet, turboprop or piston engines shall be performed only in the areas designated for such purpose by the Airport Manager or Tower. M. Leaving an Aircraft unattended with an engine running is prohibited. N. ' Fixed wing Aircraft taking off or landing at the Airport shall do so only from designated runways and shall comply fully with FAA Regulations. O. No helicopter shall be operated within fifty (50) feet of any building and shall operate only from areas approved by the Airport Manager. P. Derelict or damaged Aircraft in obvious need of major repairs shall not be permitted within the tie -down or ramp areas. Q. Abandoned Aircraft are prohibited on the Airport. The Airport Manager may remove abandoned Aircraft at the sole expense and risk of the owner. R. Aircraft maintenance is permitted on the Airport only in areas designated in lease agreements by the Airport Manager. S. Aircraft maintenance within hangars shall be limited to that specifically permitted by the building type rating established in the Uniform Building Code and in compliance with the directives of the Fire Authority. ffa 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. li W. An Aircraft involved in an accident on thP. 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. IVA .G. Aircraft shall have the right of way at all times and in all locations. H. Vehicles shall give way to pedestrians, emergency equipment, and snowplows at all times. I. When approaching taxiing Aircraft, vehicles shall not proceed closer than 100 feet and shall stay to the rear of the Aircraft. J. Vehicles shall park in tie -down areas only between the tie -down hooks, parallel to Aircraft, and only in the spaces leased by the vehicle owner. K. Parking is permitted in designated areas only. L. Campers, recreational vehicles, and trailers are prohibited on the AOA. M. Abandoned vehicles are prohibited on the Airport. N. A driver of a vehicle on the Airport who is involved in an accident resulting in injury to a person or damage to property, shall stop the vehicle at the scene or as close as possible, without obstructing traffic, render aid and notify law enforcement and the Airport Manager. O. The Airport Manager, at the owner's sole risk and expense, may cause to be ticketed and towed vehicles in violation of these Rules and Regulations. P. Rental car companies, limousine services and transport bus services shall have prior authorization from the BOCC/SCAT Board before conducting business on the Airport. Q. All vehicles permitted access to the AOA shall be equipped with a functioning aeronautical mobile two-way radio (operating on 118.2 MHZ and 121.8 MHZ, or on such other frequency(s) as required by the Airport Manager). All such vehicles shall be further equipped with either an operable amber rotating beacon, FAA -approved flag, or other equipment as required by Eagle County or the FAA. R. Eagle County reserves the right to deny access to any party or business if the party fails to act responsibly while in control of machinery or motor vehicles which may be operated on the Airport. V. PERSONAL CONDUCT A. Destroying, injuring, defacing, disturbing, removing or tampering with any man- made or natural Airport property is prohibited. B. No written advertisements and handbills may be posted or distributed without the prior written authorization of the Airport Manager. C. The posting or distributing of handbills or written advertisements on Aircraft or vehicles is prohibited. D. Use of the public area of any building on the Airport for sleeping or other purposes in lieu of a hotel, motel, or other public accommodation is prohibited unless otherwise approved by the Airport Manager. -8- 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 Vll. COMMERCIAL ACTIVITIES A. All Commercial Aeronautical Activities conducted on the Airport must be approved by the BOCC by means of a written agreement and shall be performed under the Eagle County Regional Airport Minimum Standards for Commercial Aeronautical Activities and these Rules and Regulations. B. All Commercial Non -Aeronautical Activities performed on the Airport must be approved by the BOCC by means of a written agreement and performed under these Rules and Regulations. Vlll. FIRE/STORAGE/DISPOSAL REGULATIONS A. All persons, companies and agencies engaged in any activity at the Airport, whether occupying BOCC owned buildings or otherwise, shall comply with the provisions of all applicable local, state, and federal laws and regulations; the Uniform Fire Code; and the practices recommended by the National Board of Fire Underwriters. B. All persons, companies and agencies engaged in any activity at the Airport, whether occupying BOCC owned buildings or otherwise, shall comply with all directives issued by the BOCC, directly or through its Airport Manager, or other authorized officials regarding fire prevention, including but not limited to the removal of fire hazards, arrangement and modification of equipment, and altering of operating procedures which are unsafe, as determined by the Airport manager and/or Fire Chief. C. All persons using the Airport or the facilities of the Airport shall exercise the utmost care to guard against fire and injury to persons or property. D. The use and storage of all flammables and hazardous liquids and materials shall be in compliance with the federal, state and local laws and ordinances, the Uniform Fire Code, and the Airport Storm Water Management Plan. E. Open flame operations shall be conducted on the Airport only in designated areas and with the authorization of the BOCC, directly or through its Airport Manager, and the Fire Chief. F. The placement of any storage container, locker, structure or bin on the Airport shall comply with the Uniform Fire Code and be approved by the BOCC, directly or through its Airport Manager, as to type, placement, size and color. G. Lubricating oils and hazardous liquids shall be disposed of in a manner compatible with the Airport Storm Water Management Plan, the Uniform Fire Code, and state, federal and local law. H. No fuels, oils, dopes, paints, solvents, acids or any other hazardous liquids shall be disposed of or dumped in drains, on ramp areas, catch basins or ditches or elsewhere on the Airport. 1. The storage of waste materials and trash at the Airport is prohibited unless such are placed in suitable receptacles. J. Open flames, smoking, matches, and lighters are prohibited within 50 ft. of any Aircraft and within 100 ft. of any fuel storage area or any Aircraft being fueled or defueled. -10- 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. 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- I. No Aircraft shall be fueled or defueled while passengers are on -board unless a passenger loading ramp is in place at the cabin door, the door is in the open position, and an attendant is present at or near the door. If a non -ambulatory person is -on board during fueling operations, ARFF personnel must be standing by at the scene. J. Persons engaged in the fueling of Aircraft shall exercise care to prevent overflow of fuel and shall be responsible for the immediate cleanup if spillage should occur. X. FLYING CLUBS Flying clubs exist to give their members joint noncommercial use of aircraft owned by the flying club itself or in equal shares by club members. This section sets out the requirements that must be met in order for flying clubs basing their aircraft on the Airport to be exempt from the Minimum Standards applicable to all commercial aeronautical service providers. A. Flying Club Regulations Each club must be a non-profit corporation or partnership. Each member must be a bona fide owner of an equal share of the club's aircraft or an equal stockholder in the corporation. The club may not derive greater revenues from the use of its aircraft than the amount necessary for the actual operation, maintenance and replacement of its aircraft. The club must file with the Airport Manager and keep current with the County a complete set of the club's organizational documents (articles, by-laws, partnership agreement, tax filing for non-profit status, etc.) which demonstrate its non-profit, joint noncommercial status. and function, and a list of the club's membership and the investment share held by each member. The County will review the documents filed for indicia that a so-called "flying club" is in actuality an attempt to evade the Minimum Standards or rules .and regulations relating to provision of aeronautical services on the Airport. B. Use of Aircraft The club's aircraft may not be used by other than bona fide club members included in the membership list on file with the Airport Manager, and may not be used by any one for commercial operations including flight instruction for compensation C. Violations In the event that. the club fails to comply with these conditions the County will notify the club in writing of such violations. if the club fails to correct the violations in 15 days, the County may take any action deemed advisable. D. Insurance insurance shall be provided and paid for by the Operator in the amounts specified in the most current Insurance Requirements on file with the Airport Manager. Eagle County must be named as an additional insured. A certificate of insurance or a copy of the insurance policies involved will be furnished to the Airport Manager, or designated representative and a ugvjpr r ,,� p� written notice of any change to any policy shall be given to the Airport Ma ager or Design %c7"��' Representative. Orsevinnic f.o. *Magreementsvrules & Regs final 5-28-02 -12- 1. Contract Book 3. AzrPor* EAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS ADOPTED BY THE EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS (May 28, 2002) EXHIBIT 9 co EAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS I. GENERAL PROVISIONS II. DEFINITIONS I11. AIRCRAFT RULES IV. VEHICLE TRAFFIC V. PERSONAL CONDUCT VI. CONSTRUCTION O-N AIRPORT , V11. COMMERCIAL AERONAUTICAL ACTIVITIES V111. FIRE/STORAGE/DISPOSAL REGULATIONS IX. FUELING OPERATIONS ' X. FLYING CLUBS