Hangar Site Lease/Billmayer�A.`� F; 'A P S!TF L�,'.5E
-��
.>||S
XGREE\,1ENT.
by on� batween Kalispell
AirPnr' �ssocia�ion'
|:c�' a ��na nonp����r��ion.
�cr='na�ter
refe � t 'r.
� �
"^� � " and
a munidpa| corporation' hereina�_ter 'ed � o as �he "City";
\Y|TNESSETH
\VHEREA S' the Association oporn�es he Ko|ispe|| City under a iease
agreement with the City of Ka|ispel|; z:d '
WHEREAS, the Association cusiros'
in ordcr to
provide a source of income lor
airport
meintenonce and to increase the
uti|i�a�ion o�
said air�ort' co |pase �r-c�s o�
!and to
various tenants in o/d��-
��e
nnay erect scructj_�res th'`
storrJe
and protection ol zirc
n� said
anc�
7/H�REAS' the City is |imi��� hy aw to leases for airpor' r,:rpcses no,, exceeding
ZU years' duration;' —
NOW THE11EFO�E' IT IS /.CR17_.ED AS FOL�DYyS:
|. The A_ssociati'�: �rC; ��'c �ity .b !_er��y ��ree �'' (ease �he trac. ��� iz�d
described on Exhibit A heru�� �� Lc.�c�� Hnn�a/ Site i`o� �� ,o ��nanr [or
Tenant's exclusive use in t�e han�ar for the stcra�-le'uf one
aircraft and for uses incidenta| to s.uc!. cogethur 3n easement efi'octivc
during the term of th's lease or _)ccess to and |rom s�id �ong�r si�r on�
,or airplane taxiway to and frnm site and the runvvay. It is acrec-1 '�y
the parties that a minimum 6O ,/i|| be maintained
of structures.
2. �rchi1ectura| Ccno/: o: ns a the c�mm�ncerncn� o�
any construction, conpic�ns .',J s -_-�e p'o�(�,zed cons|ruction
will be submitted tc 'the [or ap����va| -is 'o ucsi�/`' z`a{uria|s and
exterior finish' in �rder that harmcny :nny be /�ain'Lained ty
the various structures that a�_, d '����� �!�.� xir�or� p'��erry. The assodation
may approve, conditionally ��zr�ve. cr '�i.�ct cai� �|ans within 30 days of submission.
A failure to take conclusively .o -,-,,can opprovzi.
Arejection or the imnc���|on r� r��`����/o�s ���� -re not �cceptab!e ;� the Tcnant
shall give the Tenant (he ri�h� Lo i�ase summarily.
]. Ground Re-i,: 'o \--, the City for the :b se and ben*�
of the Association the sum ( 7 pc?_ Square Foo{ Dar year for
the leased area, vvhirh ;'or T,,ur�csus �rnvisioo shn|| 150� of the act:a! '
square {uota�-e occupi.�d by the ure. Said rao�a| shall be ,oyab|e
dcm:�nd on or "e'-ore the d�-,*(e of this !°ace e�-h `''nar. I
7'enant Ioi!s to pay sa'd ground re-,, oier �'��' the �ity or -i�e ��s—cimion shall
have the r h� �o �e� �' {h/ �� d T d
/� �:�� `u � �z�� ��,/on ays �o�/c� �u ennnl nn to noy
, !/enhn|dcr xho has un|:ss said ground rent '!� po/d in [u!|
`vi�hin said ,� ���5 nob[� '�ric� 77� -- ^�
' ��'' . ���//�/����
t. Terms: This lease shall e in tali iOrCr �:nd effect snailCj�2f%%y� f 2C�Ci-Z
unless sooner- terminated by mutual agreement of the nartics or by one of the
parties under the specific provisions hereof. In the event the lease cf the Association
terminates prior to the termination date of this lease, this lease shall continue in
full force and effect so Iona as Tenant Fully performs the Tenant's obligations
hereunder, and the City shall have <:II rights reserved -o the Association herein
unless ther Association's lease is extended or renewed. It is expressly agreed by
the parties that upon the termination of this lease, unless a lease for a further
term be negotiated, Tenant shall have the right to remove the hangar structure,
but shall do so ,vithin 120 days and small leave the premises in a restored condition
except that paving .%ill be left. Plothing herein small be construed as preventing
the parties hereto from negotiating for a modification of the lease at any time with a
view to extending the term in consideration of an increased around rent, so long as
the remaining term is not greater than twenty years at any, time.
5. Assignment: Tenant shali have the right and privilege of sale, assignment
or transfer of this lease for the purposes defined in !ection I . , hereof, upon
written notice to the Association and City stating the name and address of the
proposed buyer, assignee, or transferee. K Associatio^ or Cit shall determine
that said proposed buyer, assignee, or transfer-ce is oboctionable, any such reason bie
objection shall be stated in writing to the Tenant within wenty (20) days after said
notice. The Association and the City- shall not unrEasonably v,,'ithhold consent to
sell, assign, or transfer this lease. After sale or assignment by the Tenant of its
interests herein, the Tenant shalls be relieved from liabiiity for rental payments
accruing thereon, and' the buyer, assignee, or transferee shall thereafter be liable.
Tenant may conditionally assign Its r=.Grits under i4is lease as part of 2
financing arrangement so long as such condkicnai dMIS not purport to
be effective beyond the terms of -:he base.
6. Paving Cost Recapture_: Clintpaved Recognizing L t a pad taxiway is necessary
for effective utilization of the hannar raid that -ucn a 2,Cot wide taxiway, `,Yell Le
utilized by subsequent hangar- piolects, is is agreed ON, upon prescntation
documented cost information, Tenant will he zrA ited .; it`; a prorat'd portion Cf
taxiway construction costs toward fi.vare rent, . he „ ssocWtion Shall be respons&
to recapture such prorcted portion :: Wig nagot onion of sulDsecruc-nt Ic:.=cs but shNi
be entitled to offset recaptured funds against ni2 rent crecAl allowed.
i. Covenant as to Continued Airport Operation: -lie ;association and the
City covenant to continue the operation of Kalispell City Airport as a general aviation
airport during the full term of this lease unless such operation becomes legally
impermissible as the result of restrict -ion imposed by legal authority other than the
City or the Association. In the event that ,he Kalispell City Airport should :>e
closed to general aviation operations, the Association and the City grant to Tenant
a right of first refusal to purchase the site which is the subject of this (ease
together with an easement providing, reasonable ingress and egress therefrom for a
price which shall be established by ',le City Council on the basis of an appraisal of
the site, but not the improvements, o,,, ac;calif i ;i professional appraiser, provided,
however, that in the event it is not practictiltie `or the City of Kalispell to sell the
site herein leased, to ,he Tenant, ,c, C;'t' r:, o,�tion,� c t purchase
uy CIc,t O
improvements placed .upon the site, loss i�;>':k ay , :iprnvument, a., a price established
by a qualified professional appraiser.
y habdiwy CIc.I;il of any kIrIC or mature ncitsoev'r arising OU' a the crection 01
the structure contemplated herein or '_.`l^ use of said structure by Tenant or enant's
invitees or licensees.
9. Utility services: Any utilky services required by Tenants structure or
the use and occupation thereof shall tc Obtained by Tenant at Tenant's expense.
10. Maintenance: Tenant agrees that upon completion the structure will be
maintained in good condition at all „mes, reasonable %wear and tear excepted, at the
expense of Tenant.
11. Taxes: Tenant shall be resr)onsible for all taxes levied upon the structure
erected hereunder and any equipment cr property located therein. The land is
owned by the City and is exempt from texts, and the City agrees to maintain such
tax exempt status.
12.
Right to
Cancek This
lease has been negot5ted upon
the representation
/.01
that
the
runway and taxiway wild
5e resur5ced 0th good pavement
by July 31,
1984,
In
the event
such work is
mot accomplished by such date,
Tenant shall have
the
right
to cancel
and terminate
this lease and ' any obligations
arising hereunder
�t
by written notice to
the Association
Dnr' 'he City delivered within
60 clays thereafter.
IN WITNESS WHEREOF, the parties have executed this Wase as of the day
and year first above WrAten.
'A TTES
CITY OF KALISPELL
ATTEST:
City le, <
1
KALISPELL :\iRPC � T SSOC: ,T,.,,', .,� .
Bye
Peesident
ram, •,� � -
Tenant
\red!!
Unpaid Engineering Service:
Con3truction of hirpov! inprovemonQ
Annual Lon, qi e Coat
Hanger - X QZ T.F.
Rent - S, SZ4 X tic x 2d = S11.52 per year
Prepayment Discount 0 MY AIM X SS = 512.79
.EaYptnt 3_-, iedu I e
October 1, 1984 - December 21. :224
1985
138E
t997
MCI
19S9
lgel
1992
1 9K
1904
--------ETC-------- -
2004
Applied
Irndi t
123.05
01 Q 7Q
519.79
S! S. 70
510.73
519.79
519.79
SM6
IN
Lease
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-0-
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S49. 9G
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