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HomeMy WebLinkAboutR83-028 lease for tie down space and repeal of resolution 80-47Ir X_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 83- 0 AGREEMENT FOR LEASE OF TIE -DOWN SPACE - EAGLE COUNTY AIRPORT AND REPEAL OF RESOLUTION NO. 80 -47 WHEREAS, the County of Eagle, State of Colorado, by and through its Board of County Commissioners, hereinafter referred to as the "Board," is the owner of an airport known as the Eagle County Airport situate in the County of Eagle, State of Colorado, hereinafter referred to as the "Airport "; and WHEREAS, the Board pursuant to Sections 30 -11 -107 (1)(j), 41 -4 -101, 41 -4 -106 and 41 -4 -112, respectively, C.R.S. 1973, as amended, has the authority with respect to the operation of said airport to lease and /or rent spaces to individuals and /or entities and to exact and require fees therefor; and WHEREAS, on or about April 13, 1983, the Board duly adopted a Resolution amending the established fee schedule for the use of tie -down spaces by individuals and /or entities at the Eagle County Airport after a public hearing; and WHEREAS, the Board desires to adopt a new form lease agreement as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, for such tie -down spaces at the Airport and to designate the Airport Manager as the Board's duly appointed representative to execute same; and WHEREAS, the Board wishes to end the use of the lease previously authorized by Resolution No. 80 -47. i NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the Board hereby adopts the form agreement for lease of tie -down spaces at the Eagle County Airport, as the same is set forth in Exhibit "A" attached hereto. THAT, except for the filling in of required information, including the then current rental fee set by the Board, in the blank spaces provided therein, said form lease agreement shall not be altered, modified, amended and /or changed prior and /or subsequent to the execution of same by Lessee without the prior written consent of the Board. THAT, the Board hereby designates the Airport Manager of the Eagle County Airport as its duly appointed representative and agent to execute said form lease agreements on behalf of the Board as Lessor. THAT, such appointment of the Airport Manager as the Board's designated representative shall only extend to those form lease agreements which have not whatsoever been altered, modified, amended and /or changed prior and /or subsequent to the execution of same by the respective parties; and the Board shall not be bound by the terms of any lease agreement signed by the Airport Manager which has been altered, modified, amended and /or changed without the prior written consent of the Board. THAT, the Board hereby repeals the provisions of Resolution No. 80 -47. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the County of Eagle, State of Colorado. THAT, the provisions of this Resolution shall be effective immediately. 2 MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, State of Colorado, at its regular meeting held this 13th day of April, 1983. ATTEST: By: eerkLtt-o the ar of Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: David E. Mott, Chairman 3 W t^/Keith �- Tc./rooxel, Cofnmissioner Dan Wi liams, Commissioner this AGREEMENT FOR LEASE OF TIE -DOWN SPACE EAGLE COUNTY AIRPORT THIS LEASE AGREEMENT is made and entered into day of , 19 , 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 , hereinafter referred to as the "Lessee." WITNESSETH: WHEREAS, Lessor is the owner of an airport known as the Eagle County Airport situate in the County of Eagle, State of Colorado, herein referred to as the "Airport." WHEREAS, the Lessor, pursuant to Sections 30 -11 -107 (1) (J), 41 -4 -101, 41 -4 -105 and 41 -4 -112, C.R.S. 1973, as amended, has the authority with respect to the operation of said airport to lease and /or rent spaces for the purpose of providing aircraft tie -down spaces to individuals and /or entities and to exact and require fees therefor. WHEREAS, said leasing is declared to be a public governmental function, exercised for a public purpose, and is declared a matter of public necessity. WHEREAS, Lessee is desirous of leasing and /or renting a tie -down space at said airport. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promise 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: 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, the initial term of this agreement shall be the period commencing on , 19 , and ending on April 30, 19 subject, however, to the option hereby granted by Lessor to Lessee to renew this agreement for additional terms subject to the terms, conditions, rentals, fees, and charges as they currently exist on the date of said renewal. 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 premises, 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 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 planes: Registered owner: Home phone: Place of employment /business phone: Aircraft insurance company insuring lessee: Address of insurance company: 2 Lessee covenants and agrees to notify Lessor in writing within ten (10) days of any change in the information furnished herein. SECTION FIVE EQUIPMENT FOR TIE -DOWN SPACES Lessor agrees to furnish the following equipment: Three (3) tie -down chains and one (1) set of chocks. 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, or fitness of such equipment provided by the Lessor, and Lessee assumes full responsibility to furnish any additional equipment necessary to properly secure its aircraft. Lessee accepts and recognizes that it or its agent is responsible for taking all necessary steps to insure the safety of Lessee's aircraft while tied -down, including, but not limited to, placing chocks and tying down and checking of Lessee's own aircraft. The parking brakes shall not be set, so that the aircraft may be moved by Lessor, its agents, servants and employees. SECTION SIX DEPOSIT Lessee has deposited with Lessor Fifty Dollars ($50.00) 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 may, at the option of the Lessor, be retained by Lessor as fixed, liquidated, and agreed damages for payment of disbursement, 3 _ _ . __..• .. • -. y. �- � ... .•�rl.'9 -n.t: L�n.e_�, .� f n..'^ , .� .. ,y...��y,.Y. ^, y wwM3s Nn �� +.M..�I M��MI iil� YI M� PIF�1� -��1. __._ —.... _ _ �r Y�l�.� Y.��iY`°i+�tiY�Ya�rY °•• •.• � � —• - •• «. J'�_ f '- -' , 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 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 RESTRICTIONS 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 hereinabove. 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 Twenty -Five Dollars ($25.00). 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 4 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 Twenty -Five Dollars ($25.00) referred to in the paragraph next above. SECTION EIGHT RIGHT OF INGRESS AND EGRESS Lessee shall have at all times the full and free right of ingress to and egress from the leased premises and equipment referred to herein for Lessee, its employees, customers, passengers, guests, and other invitees. SECTION NINE PAYMENTS All payments, charges and fees due and payable under this lease agreement shall be payable to the order of the County of Eagle, Colorado, and shall be submitted and /or delivered to the Administrative Assistant to the Board of County Commissioners, 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 representative, successors, 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 5 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 or surplus that may be located on or about the tie -down spaces. 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 agrees to indemnify, defend and save Lessor, its agents, officers, representatives, and employees, harmless from and against any and all liability or loss including personal injury resulting from claims or court action arising directly or indirectly out of the activities of Lessee, its agents, servants, guests or business visitors under this lease agreement, or by reason of any act or omission of such person. SECTION FOURTEEN LIEN Lessee hereby gives and grants to Lessor a lien upon, and hereby hypothecates to Lessor, all fixtures, chattels, and personal property of every kind and description now or hereafter to be placed, installed or at airport. In the event of any failure on Lessee to comply with each and every one of obligations hereof, or in the event of any for thirty (30) days of any specified rent, notify the Lessee in writing of such breach stored by Lessee, the part of the covenants and Default continuing Lessor shall and /or default of r 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 or 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 terms thereof. SECTION FIFTEEN RULES AND REGULATIONS Lessee agrees to observe and obey reasonable rules and regulations, including the Eagle County Airport Rules and Regulations originally adopted October 4, 1982, as amended, 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 with respect to aircraft operations at the airport; and provided further, that such rules and regulations shall not be inconsistent with the provisions of this lease agreement or the procedures prescribed or approved from time to time by the Federal Aviation Administration 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 premises without unreasonable delay. The Lessee shall be responsible to put the premises and equipment back to their original condition. Depreciation and rA `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 ninety dollars per month as rent of a holdover tenant until the airplane and the 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 days shall be deemed to be a month. Lessee further agrees to pay reasonable attorney fees at a rate of $75.00 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. SECTION SEVENTEEN INCREASED FEES Lessor may increase or decrease the rent charged herein upon ten days prior written notice to Lessee. SECTION EIGHTEEN INSPECTIONS 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 pro -rated 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 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 pro -rated amount to be refunded shall be calculated on a monthly basis. SECTION TWENTY -ONE ADDITIONAL CONDITIONS A. 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 upon the mailing of said notice or payment by United Sates 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 9 w y 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 whatever. IN WITNESS WHEREOF, the parties have executed this lease agreement at the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By: Address: Telephone: LESSEE: Address: Telephone: