Loading...
Lease ExampleFRIDAY, SEPTEMBER 29, 1995 Property: Section 08, Township 28, Range 21, Land In NE4, Section 09, Township 28, Range 21, Land In NW4NW4 27, Claim against: Wal-Mart ido Claimant: Kevin Knight, Novak & Knight Builders Amount: $12,556 Continued on Page 21 secretaries. On pprocessors ermanent execf temporary basis. Tested and guaranted we have the people who know how to use the tools of your trade. PERSONNEL SERVICES„ 30 East Washington, Kalispell 257-22,55 ERENCE '95 FRIDAY,, SEPTEMBER 29, 1995 FLATHEAD BUSINESS JOURNAL - 21 CONTINUED FROM PAGE 20 Property: Section 08, Township 28, Range 21, Land In, Section 09, Town- ship 28, Range 21, Land In Claim against: Jefferson Ctr, Wal-Mart Claimant: Rocky Mountain Mill- work Amount: $7,115 Property: Section 08, Township 28, Range 21, Land In. Section 09, Town- ship 28, Range 21, Land In. Claim against: Jefferson Ctr Claimant: Williams Plumbing/Heat- ing Amount: $33,178 New Corporations The following businesses were recently incorporated in Montana. Included is the name of the corpora- tion, the registered agent and the agent's address. Silvertip Emergency Physicians, P.C.; William Keith Lara MD, 310 Sun- nyview Lane, Kalispell Tightwad, Inc.; Patrice Gay Dillon, 509 A St., P.O. Box 40, Big Arm Flathead Valley Tennis Association, Inc.; Lawrence Iwersen; 444 Woodland Ave., Kalispell Sadino & Yunck Construction, Inc.; Tony S. Sadino, 123 Goat Trail, White- fish Tumbleweed, Incorporated; Roy L. Curry, 728 South Main, Kalispell, Box 1436, Whitefish ON FILE Tamarack Lodge Yaak Valley, Inc.; Eggstraordinary Ornaments, Inc.; James C. Bartlett, 136 First Ave. Michael J. Catena, 3881 Montana West Plaza West, P.O. Box 1178, Highway 40 West, P.O. Box 157, White - Kalispell fish Fangsrud Construction, Inc.; James Kiddie Coach Bus Line, Inc.; Sue J. Fangsrud, 717 - 7th Ave. NW, Ronan Vaughn, 115 Park Drive, Kalispell Kalispell City Airport Association, Compak Americas, Inc.; Robert F. Inc.; Dwayne Strand, 1880 Highway 93 Parmenter, 690 North Meridian Suite S., P.O. Box 2625, Kalispell 217, Kalispell Montana Resorts, Inc.; Carl G. Highland Meadows Association, Berry, 121 Swan Retreat Road, Bigfork Inc.; Gregory Carter, 454 Armory Buys Builders, Inc.; Ray Buys, 6 8th Road, Whitefish Ave. E., Polson Tiltin Testing, Inc.; Toma R. Edwards PM, 330 Wildebeest Dr., Box 11M, Marion PNP, Inc.; Peter G. McGowen, 512 - 2nd Ave. E., Kalispell Visions, A Corporation; Sandy R. Christian, 45 Meadow Vista Way, Box 6, Polson Mich-Lar Machine, Inc.; Larry N. Davis, 6417 Lower Lake Creek Road, Troy Derek Stimson Holdings, Inc.; Susan M. Lacosta, 204 Central Avenue, Whitefish Eric Rail Industrial Center, Inc.; Darrell S. Worm, 17 2nd Street East, P.O. Box 899, Kalispell Water's Edge Retreat; Roy T. Myers III, 82137 Swan Highway, Bigfork DH-LSLB, Inc.; Dennis M. Hill, 412 Main Street SW, Ronan Forest Management Specialists, Inc.; Thomas R. Bohannan, 1370 Lost Creek Drive, P.O. Box 7154, Kalispell Montana Basic Homes, Inc.; C.L. Doc Dahlquist, #4 Sunset Plaza Suite 101, Kalispell Continued on Page 22 IT JUST MAKES MORE SENSE... ...Get into your equipment without getting into your cash_ flow. Chuck Ten ito c Marketing Representative 9 years Cascade Leasing Co (406) 892-4033 1-800-662-6703 L We finance nationwide & Canada. j Wouldn't it be nice to have a Business Manager g at the bank? Announcing a new system for better rnana era?ar-.t -f wo Do r D Do I., XO XOD 2 Z�v« 13r ®stv p ® 5p From the desk of ��. Monte Eliason GLACIER PARK INTERNATIONAL AIRPORT 4170 Hwy. 2 East Kalispell, Montana 59901 406-257-5994 FAX 406-257-5960 LEASE OF SPACE FOR AIRCRAFT HANGAR THIS AGREEMENT, made and entered into in the County of Flathead, State of Montana, on this 15th day of June, 1993 ■MAIMNOW FLATHEAD MUNICIPAL AIRPORT AUTHORITY hereinafter called the "AUTHORITY" and CHARLES WEYERHAEUSER, hereinafter referred to as the "Lessee". WITNESSETH The parties hereto agree to lease and set over certain land and premises for a term and at a rental and revenue more fully set forth herein as follows: SECTION 1 USE AUTHORITY leases to Lessee and Lessee hires from AUTHORITY for the purpose of conducting private, personal aircraft storage in an aircraft hanger and for no other purpose, those certain demised premises as hereinafter set forth. SECTION 2 PREMISES The land and premises leased and set over by this Agreement, together with the statement of the square footage of said land is described in Exhibit "A" attached hereto and by this reference incorporated herein. The total leased square footage is building footprint plus 20 feet on all four sides. This totals 60 feet by 70 feet for 5600 square feet. SECTION 3 RELOCATION It is recognized by the parties hereto that development of Glacier Park International Airport may require relocation of Lessee to other premises on the air field, therefore, it is agreed, between the parties that AUTHORITY shall have %. right to substitute another area as the premises leased at any time during the term of this lease, if in the sole discretion of AUTHORITY, the leased premises are required for airport expansion or development for the purpose of airport construction and improvement. In the event that the AUTHORITY exercises its right reserved to relocate Lessee to another location on the airport, the expense of moving all leasehold improvements, Lessee's equipment and personal property shall be borne by AUTHORITY, and Lessee shall have no claim or cause of action arising out of said relocation, but will be limited to payment of cost of removal of all leasehold improvements, equipment, and personal property to the new location designated by AUTHORITY, unless at the time of AUTHORITY'S exercise of its right reserved, the parties by separate agreement shall provide for additional payments by either party in compensation for inequitable conditions not anticipated at the date of execution. This lease shall be for a term of fifteen (15) years, commencing on the 15th day of June, 1993 and ending at midnight on the 14th day of June, 2008. Lessee has the option to extend this lease for one additional five year (5) period. This option is to be exercised by the Lessee mailing to the AUTHORITY written notice of intention to exercise said option by registered mail to the Flathead Municipal Airport Authority, 4170 Highway 2 East, Kalispell, Montana 59901, on or before sixty (60) days before the last day of the term of the lease for these premises. This lease incorporates any and all agreements and addendums executed by and between the parties hereto concerning the leasing of facilities at Glacier Park International Airport. • �V, 1. The Lessee shall pay rent to the AUTHORITY for the land and premises described in Section 2 herein and the attachments thereto at the rate according to the schedule specified below: a. The Lessee agrees to pay the AUTHORITY the sum of $.10 per square foot per year for the land described in "Exhibit A". (80 X 70'= 5600 sf) 5600 square feet at $.10 equals 0 $560.00 per year. 2. Rental for the land and premises shall be payable in advance monthly in the amount of $46.67 on or before the first day of July, 1993 and on or before the first day of each subsequent month during the term of the lease. The full annual amount may be paid in advance for the year on or before July 1st of any year. 3. Revision of Rates, The rental rates set forth in subparagraph la above shall be subject to revision two years after the execution of this agreement and at the end of each two year period thereafter. The rates may be adjusted by the AUTHORITY, provided however, that no increase of more than twenty-five percent (25%) shall be permitted in any single two year period. SECTION 6 USE OF PREMISES (HANGAR) The premises (hangar) shall be used only for storage of Aircraft. No commercial activity of any kind shall be conducted by Lessee in, from or around the Hangar. No maintenance on any aircraft shall be performed in the Hangar, except such minor maintenance as would normally be performed by an aircraft owner on his own aircraft. Lessee shall control the conduct and demeanor of its employees and invitees, and of those doing business with it, in and around the Hangar. Lessee shall cause the Hangar to be kept clean and free of debris at all times. No fueling of any aircraft inside a Hangar shall be allowed. In utilizing the Hangar during the terms of this Agreement, Lessee agrees to and shall comply with all applicable ordinances, rules and regulations established by any federal, state or local government agency or by AUTHORITY. SECTION 7 MAINTENANCE OF CLEAR ZONE AUTHORITY reserves the right to take any action it considers necessary to protect the aerial approaches to the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building, antenna or other structure on the airport which, in the opinion of the AUTHORITY, would limit the usefulness of the airport or constitute a hazard to aircraft. I This lease shall be subordinate to the provisions of any existing or future agreements between AUTHORITY and the United States, relative to the operation, maintenance or security of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. SECTION 9 INGRESS AND EGRESS Lessee shall have the right of ingress to, and egress from the leased premises over and across public roadways and traffic lanes serving the airport and the leased site. Such right shall be subject to any regulations or rules for this access made by the AUTHORITY. Is � layiliuslil Lessee shall have the right to use the runways, taxiways, aprons, ramps navigational aids, terminal facilities, and all public airport facilities and improvements of a public nature which are now or may hereafter be connected with or appurtenant to said airport. It being understood that such use shall not be exclusive and shall be in combination with the use by the public in general and any specific use authorized by the AUTHORITY. SECTION 11 INSPECTION OF PREMISES AUTHORITY or its authorized representative may, in the presence of the Lessee, enter upon the premises hereby leased to the Lessee hereunder at any reasonable time for any purpose necessary, incidental to or connected with the performance of its AUTHORITY function, however, such right shall be exercised 0 reasonably and not abused to the detriment of the Lessee's operation. SECTION 12 MECHANICS LIENS Lessee agrees to keep the demised premises free of any mechanics lien or other lien of any kind or nature for any labor performed, or material furnished thereon at the instance of the Lessee, and the Lessee further agrees to indemnify and save harmless AUTHORITY from and against any and all claims of whatsoever nature for any such labor performed, or materials furnished. SECTION 13 QUIET ENJOYMENT AUTHORITY agrees that, on payment of rentals, fees, charges, licenses and taxes herein provided for and performance of the covenants and agreements to be performed hereunder, Lessee shall peaceably have and enjoy the leased premises, rights and facilities of the airport granted herein. SECTION 14 ASSIGNMENT AND SUBLEASING Lessee may sublet premises leased herein subject to written approval by AUTHORITY, not unreasonably withheld, and so long as the use of said premises is in compliance with Glacier Park International Airport regulations and minimum standards. SECTION 15 USE OF PREMISES Lessee shall use the leased premises only in accordance with the terms and provisions of this agreement and will at all times comply with the minimum requirements for Airport Aeronautical Services, and airport operating regulations in force and effect at Glacier Park International Airport. SECTION 16 TERMINATION BY LESSEE This Agreement shall be subject to termination by Lessee in the event of any one or more of the following events: 5 A. The abandonment of the Airport as an airport or airfield. B. The default by AUTHORITY in the performance of any of the terms, covenants or conditions of this Agreement, and the failure of the AUTHORITY to remedy, or undertake to remedy, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same. C. Damage to or destruction of all or a material part of the Premises or Airport facilities necessary to the Lessee. D. The lawful assumption by the United States, or any authorized agency thereof, of the operation, control of use of the Airport, or any substantial part or parts thereof, in such a manner as to restrict substantially Lessee from conducting business operations for a period in excess of thirty (30) days. SECTION 17 TERMINATION BY AUTHORITY This Agreement shall be subject to termination by AUTHORITY in the event of any one or more of the following events: A. The default by Lessee in the performance of any of the terms, covenants or conditions of the Agreement, and the failure of Lessee to remedy, or undertake to remedy, to AUTHORITY's satisfaction such default for a period of thirty (30) days after receipt of notice from AUTHORITY to remedy the same. B. Lessee files a voluntary petition in bankruptcy, including a reorganization plan, makes a general assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Lessee and such receivership is not vacated within thirty (30) days after the appointment of such receiver. SECTION 18 EXERCISE OF TERMINATION W Exercise of the rights of termination set forth in Section 16 and 17 above, shall be by notice to the other party within thirty (30) days following the event giving rise to the termination. SECTION 19 ■ OF PROPERTY Upon termination of this Agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein. If Lessee shall fail to do so within sixty (60) days, then Lessor may effect such removal or restoration at Lessee's expense, and Lessee agrees to pay AUTHORITY such expense promptly upon receipt of a proper invoice therefor. SECTION 20 CAUSES OF BREACH; WAIVER A. Neither party shall be held to be in breach of this Agreement because of any failure to perform any of its obligations hereunder if said failure.is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to failures by Lessee to pay fees, rents or other charges to AUTHORITY. B. The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any such subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. SECTION 21 TITLE TO ANY BUILDING, FACILITY OR IMPROVEMENT Title to any building, facility or improvement constructed on the leased premises by the Lessee shall remain with the Lessee except as herein provided. Upon any expiration, early or at term 0 end, of this Lease, the Lessee has the option, subject to the written approval of the AUTHORITY, to renegotiate a new Lease for himself, to lease and then sublet the facilities, to sell the facilities, or to remove the facilities. If after sixty (60) days past the Lease expiration no new lease, no sublease, sale or removal of buildings and facilities has occurred, then title to remaining facilities shall vest in the AUTHORITY. This sixty (60) day period may be extended by mutual written agreement, and will not be unreasonably withheld by AUTHORITY. SECTION 22 RIGHTS OF ASSIGNEE Notwithstanding any other provision of this article, an assignee of the rights of Lessee set forth hereunder, including without limitation an assignee for security purposes, shall be notified in writing of any act of default by the Lessee and the assignee shall have the right to protect its interest in this agreement and cure the default as required by the terms of said notice as though it were the Lessee. SECTION 23 SURRENDER OF PREMISES Upon the expiration or other termination of this Lease agreement Lessee's authority to use the premises, rights and facilities herein granted shall cease, and the Lessee shall surrender the same to Lessor promptly and in good condition, ordinary wear and tear expected. SECTION 24 IMPROVEMENTS AND ALTERATIONS OF LEASED PREMISES The Lessee shall make no improvements, additions, or alterations on or about the leased premises or the improvements constructed thereon without the prior written consent of the AUTHORITY, which consent shall not be unreasonably withheld. SECTION 25 CLEAR TITLE AUTHORITY covenants and agrees that at and until the granting and delivery of this Lease it is well seized of the N- leased premises and has good title thereto, free and clear of all liens and encumbrances having priority over this Lease; and that AUTHORITY has full right and authority to lease the same has herein set forth. SECTION 26 OPERATION AS A PUBLIC AIRPORT AUTHORITY covenants and agrees that during the term hereof it will operate and maintain the Airport and its public airport facilities, as defined hereinabove, as a public airport consistent with and pursuant to the Sponsor's Assurances given by AUTHORITY to the United States Government under the Federal Airport Act. SECTION 27 CONDITIONS AND MAINTENANCE OF PREMISES AUTHORITY covenants and agrees that it has prepared the site of which the demised premises are a part generally in accordance with the plans set forth in "The Land Use/Airport Layout Plan". AUTHORITY assumes no further responsibility as to the condition of the demised premises and shall not assume responsibility for maintenance, upkeep, or repair necessary to keep the premises in a safe and serviceable condition. Such obligations shall be the responsibility of Lessee. AUTHORITY shall, however, maintain all roads on the Airport giving access to the leased premises in good and adequate condition for use by aircraft and vehicles. AUTHORITY shall maintain airport pavements, including the removal of snow on taxilanes in accordance with airport snow removal procedures. 99moofflam NET LEASE The use and occupancy of the demised premises by Lessee shall be without cost or expense to AUTHORITY. It shall be the sole responsibility of Lessee to keep, maintain, repair and operate the entirety of the demised premises and all improvements and facilities thereon at Lessee's sole cost and expense. A SECTION 30 MAINTENANCE Lessee shall, at its sole cost and expense, maintain the demised premises and the buildings, improvements and appurtenances thereto in a presentable condition consistent with good business practice and equal in appearance and character to other similar existing improvements on said Airport, reasonable wear and tear excepted. Lessee agrees that in the event it shall become necessary to make changes upon the demised premises or within the building covered by this Lease, Lessee will promptly make such changes and installations at its sole expense as directed and required by existing building and fire codes adopted by AUTHORITY. AUTHORITY shall be the judge of the quality of maintenance and upon written notice by AUTHORITY to Lessee, Lessee shall be required to perform whatever reasonable maintenance AUTHORITY deems necessary. If said maintenance is not undertaken by Lessee within ten (10) days after receipt of written notice to so perform, AUTHORITY shall have the right to enter upon the demised premises and perform the necessary maintenance, the cost of which shall be borne by Lessee. SECTION 31 UTILITIES Lessee will, at its own expense, provide utility service restricted to electricity. Any extension or alteration of the source of supply to accommodate the needs of the Lessee shall be made by the Lessee without expense to the AUTHORITY. Lessee's utility connection shall be subject to the approval of the AUTHORITY. Lessee will be responsible to and deal directly with the utility company or other agency from whom the electrical current, is procured. SECTION 32 TRASH, GARBAGE, ETC. Lessee shall provide a complete and proper arrangement for M the adequate sanitary handling and disposal away from the Airport, of all trash, garbage and other refuse caused as a result of the lease of Hangar space. AUTHORITY shall provide suitable covered metal receptacles located at specific areas for all such garbage, trash and other refuse. Piling of boxes, cartons, barrels or other similar items, in an unsightly or unsafe manner, on or about the demised premises shall not be permitted. SECTION 33 SIGNS Lessee shall not maintain upon the outside of any improvements on the demised premises any billboards or advertising signs without AUTHORITY's prior written consent. SECTION 34 NON-DISCRIMINATION Lessee agrees that: A. No person on the grounds of race, color-, sex or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the leased premises. B. In the construction of any improvements on, over, or under such land and furnishing of services thereon, no person on the grounds of race, color, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination. SECTION 35 RULES AND REGULATIONS AUTHORITY may, after due notice and hearing, from time to time adopt and enforce reasonable rules, regulations and amendments thereto and the Lessee agrees to observe and obey the same. SECTION 37 PREVENTION OF TRESPASS The Lessee shall insure the prevention of unauthorized persons from gaining access to restricted flight and public 11 aircraft operational areas through its facility. Security rules and regulations adopted by the AUTHORITY that effect Lessee shall be strictly followed and enforced by Lessee. A. Fire and Casualty: Lessee shall procure and obtain insurance for Fire and Extended Coverage on all personal property of the Lessee and the building constructed or owned by Lessee on the premises. Such insurance shall be provided and maintained by, and shall be at the sole cost and expense of the Lessee and shall be procured from a company authorized to do business in the State of Montana. Lessee shall provide AUTHORITY with a certificate of insurance with a thirty (30) day cancellation notice to AUTHORITY. B. Liability Insurance: Without limiting its liability as hereinafter stated, Lessee agrees to carry and keep in force at its own cost and expense public liability insurance, including premises, hangarkeeper, personal injury and property damage coverage, with limits of liability for personal injury in the sum of not less that $300,000 for the death or injury to any one person and $500,000 for any one accident, and property damage not less than $500,000 and further, that hangarkeeper's insurance shall be carried and kept in force with limits of liability of not less than $500,000. Lessee agrees to provide AUTHORITY with current certificates of insurance naming Flathead Municipal Airport Authority as additional insured under such policy and containing the following information: 1) thirty day cancellation notice; 2) policy number; 3) named insured (additional insured); 4) dates of coverage; 5) perils and hazards covered; 6) limits of liability. C. Indemnity: AUTHORITY shall stand indemnified by Lessee as herein provided. Lessee is and shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts or omissions, and AUTHORITY shall in no way be responsible therefore. Lessee shall indemnify and save M harmless the AUTHORITY against any and all claims of any nature whatever, including damage to property of the AUTHORITY, injuries or damages to third parties arising directly out of any operation by Lessee hereunder or in the exercise or enjoyment of the privileges herein granted, and further, including but not limited to loss, injury or damage resulting from Lessee's failure to abide by the terms of this agreement, except claims arising from the negligence of the AUTHORITY, or any of their employees or agents. SECTION 39 ACTIVITIES NOT COVERED IN LEASE If and when Lessee wishes to conduct any reasonable activity upon the leased premises which is not specifically dealt with in this lease, he may do so upon obtaining written approval from the AUTHORITY; such shall not be unreasonably withheld. SECTION 40 SUFFICIENCY OF NOTICE Notices to the AUTHORITY provided for herein shall be sufficient if sent by Registered or Certified Mail, postage prepaid, addressed to: Flathead Municipal Airport Authority 4170 Highway 2 East Kalispell, Montana 59901 Notices to Lessee shall be sufficient if sent by Registered or Certified Mail, postage prepaid, addressed to: Charles Weyerhaeuser or to other such representative, persons or addresses as the parties may designate to each other in writing from time to time. SECTION 41 PARTIAL INVALIDITY If any term, covenant, condition, provision or section of this lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall in no way be effected, impaired, or invalidated IN thereby. SECTION 42 This lease sets forth all of the agreements and understandings of the parties and is not subject to modification except in writing. IN WITNESS WHEREOF, the parties have hereunder set their hands and seals this _L&day of u i99 FLATHEAD MUNICIPAL AIRPORT AUTHORITY By Monte Eliason, Airport Manager ATTEST: By ge: By ATTEST: W