Hangar Site Lease/GardnerNOTICE OF CONDITIONAL ASSIGNMENT
The undersigned, Davar M. Gardner, as tenant of leased
hangar site No. 3 and 4 under lease with the City of
Kalispell, pursuant to the provisions of paragraph 5 of said
lease, entitled "Assignment" hereby gives notice to the City
of Kalispell that said tenant, Davar M. Gardner, has entered
a Conditional Assignment of his rights as tenant under said
Lease as part of a financial arrangement to David J.
Hoerner.
Further, as evidenced by the signatures hereon of Davar
M. Gardner and David J. Hoerner that there may be no further
assignments of this Lease by said David L. Hoerner without
written consent of Davar M. Gardner.
Dated the lst day of January, 1990.
Davar M. Gardner, Tenant
David J. oerner,
Conditi.o al Assignee
SEEN AND AGREED:
THE CITY OF KALISPELL
l � _
By
Rogge Hopki*s, Mayor
.�
KALISPELL CITY AIRPORT
HANGAR SITE LEASE
THIS AGREEMENT, made and entered into this / day of Ccr , 198
by and between Kalispell Airport Association, Inc., a Montana nonprofit corporation,
hereinafter referred to for ease of reference as "the Association" and
of Kalispell, Montana, hereinafter referred to as "Tenant" and the City of Kalispell,
a municipal corporation, hereinafter referred to as the "City";
W I T N E S S E T H:
WHEREAS, the Association operates the Kalispell City Airport under a lease
agreement with the City of Kalispell; and
WHEREAS, the Association desires, in order to provide a source of income for
airport maintenance and to increase the utilization of said airport, to lease tracts of
land to various tenants in order that the tenants may erect structures for the
storage and protection of aircraft based at said airport; and
WHEREAS, the City is limited by law to leases for airport purposes not exceeding
20 years' duration; "
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
I. The Association and the City do hereby agree to lease the tract of land
described on Exhibit A hereto as Leased Hangar Site No. 34 q to Tenant for
Tenant's exclusive use in the erection of a hangar for the storage of one or more
aircraft and for uses incidental to such storage; together with an easement effective
during the term of this lease for vehicular access to and from said hangar site and
for airplane taxiway to and from the hangar site and the runway. It is agreed by
the parties that a minimum taxiway space of 60 feet will be maintained between rows
of structures.
2. Architectural Control: Tenant agrees that prior to the commencement of
any construction, complete plans and specifications for the proposed construction
will be submitted to the Association for its approval as to design, materials and
exterior finish, in order that reasonable aesthetic harmony may be maintained by
the various structures that are erected upon the airport property. The association
may approve, conditionally approve, or reject said plans within 30 days of submission.
A failure to take action within 30 days will be deemed conclusively to mean approval.
A rejection or the imposition of conditions that are not acceptable to the Tenant
shall give the Tenant the right to terminate this lease summarily.
3. Ground Rent: Tenant agrees to pay to the City for the use and benefit
of the Association the sum of Sow®®� ( ) cents per square foot per year for
the leased area, which for purposes of this provision shall be 150% of the actual
square footage occupied by the completed structure. Said rental shall be payable
without demand on or before the anniversary date of this lease each year. If
Tenant fails to pay said ground rent when due, the City or the Association shall
have the right to terminate this lease upon 30 days notice to Tenant and to any
lienholder who has requested such notice unless said ground rent i:. paid in furl
within said 30 days notice period. (pp"x8'0' = q8®D x /so = 7.2e0x.07= Soso®
4. Terms: This lease shall be in full force and effect until .1,2 - 30 - .=t®C 6 ,
unless sooner terminated by mutual agreement of the parties or by one of the
parties under the specific provisions hereof. In the event the lease of the Association
terminates prior to the termination date of this lease, this lease shall continue in
full force and effect so long as Tenant fully performs the Tenant's obligations
hereunder, and the City shall have all rights reserved to 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 within 120 days and shall leave the premises in a restored condition
except that paving will be left. Nothing herein shall 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 ground rent, so long as
the remaining term` is not greater than twenty years at any time.
5. Assi nment: Tenant shall have the right and privilege of sale, assignment
or transfer of this lease for the , purposes defined in Section I . , hereof, upon
written notice to the Association and City stating the name and address of the
proposed buyer, assignee, or transferee. If the' Association or City shall determine
that said proposed buyer, assignee, or transferee is objectionable, any such reasonable
objection shall be stated in writing to the Tenant within twenty (20) days after said
notice. The Association and the City- shall not unr6asonably withhold 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 liability for rental payments
accruing thereon, and- the buyer, assignee, or transferee shall thereafter be liable.
Tenant may conditionally assign its rights under this lease as part of a
financing arrangement so long as such conditional assignment does not purport to
be effective beyond the terms of the lease.
6. Paving Cost Recapture: Recognizing that a paved taxiway is necessary
for effective utilization of the hangar and that such a 24 foot wide taxiway will be
utilized by subsequent hangar projects, it is agreed that, upon presentation of
documented cost information, Tenant will be credited with a prorated portion of
taxiway construction costs toward future rent. The Association shall be responsible
to recapture such prorated portion in the negotiation of subsequent leases but shall
be entitled to offset recaptured funds against the rent credit allowed.
7. Covenant as to Continued Airport Operation: The 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 restriction imposed by legal authority other than the
City or the Association. In the event that the Kalispell City Airport should be
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 lease
together with an easement providing reasonable ingress and egress therefrom for a
price which shall be established by the City Council on the basis of an appraisal of
the site, but not the improvements, by a qualified professional appraiser, provided,
however, that in the event it is not practicable for the City of Kalispell to sell the
site herein leased,. to the Tenant, the City at its option may elect to purchase the
improvements placed upon the site, less taxiway improvement, at a price established
by a qualified professional appraiser.
Pip
8. Liability: Tenant shall hold the City and the Association harmless from
any liability claim of any kind or nature whatsoever arising out of the erection of
the structure contemplated herein or the use of said structure by Tenant or Tenant's
invitees or licensees.
9. Utility services: Any utility services required by Tenant's structure or
the use and occupation thereof shall be obtained by Tenant at Tenant's expense.
10. Maintenance: Tenant agrees that upon completion the structure will be
maintained in good condition at all times, reasonable wear and tear excepted, at the
expense of Tenant.
II. Taxes: Tenant shall be responsible for all taxes levied upon the structure
erected hereunder ,and any equipment or property located therein. The land is
owned by the City and is exempt from taxes, and the City agrees to maintain such
tax exempt status.
12.
Right to
Cancel: This
lease has been negotiated upon
the representation
that the
runway and taxiway will
be resurfaced, with good pavement by July 31,
1984. In
the event
such work is
not accomplished by such date,
Tenant shall have
the right
to cancel
and terminate
this lease and any obligations
arising hereunder
by written notice to
the Association and the City delivCed within
60 days thereafter.
IN WITNESS WHEREOF, the parties have executed this lease as of the day
and year first above written.
ATTEST: —
ity Clerk
KALISPELL AIRPORT ASSOCIATION, 1NQ.
By
P rnA e n t
CITY OF KALISPELL
y Z,�c
Mayor
t
3.
errant
f
Kalispell City Airport Association
Drawer 1997
Kalis'Deli, MT 59903
July 31. 1965
Devar Gardner
Gardner Auction
1895 Airport Road
Kalispell, F 1ontana E9901
Dear Devar.
Your request for a ground lease from Kalispell City Airport
Association has been reviewed and will be approved under the
following conditions.
1. Site 03 facino Soutn - to be built in line with the existing
hangars. The building to be parallel with the runway with
the hanear door on the Southeast parallel with the neighboring
hangar and at approximately ninty degrees (90°) to the runway.
2. The hangar will be located West of Elton Noyes hangar
with the S.E. corner approximately five feet (5') from the
sewer center line.
3. Per orawing approval the structure will be Slate Blue
with White trim.
4. The building will be an airplane hangar and will be used
as an airplane hangar and in aircraft related ventures. The
structure will not be used as a ground warehouse.
A lease form will be prepared for you a soon as you request it.
Should you have any further questions please call me.
Sincerely.
H. Lee Tower
Chairman
HLTimja
The undersigned, City of Kalispell, a municipal corporation,
hereinafter "City" and Eagle Aviation, Inc., of Kalispell, Montana,
hereinafter referred to as "Tenant", hereby acknowledge that the
following terms and conditions shall apply to the new aviation fuel
tank installed at Tenant's presently leased facility. The terms
and conditions of the original lease agreement will apply as well,
subject to the following terms and conditions to be exercised with
regard to the new fuel tank:
1. Ground Rent: Tenant agrees to pay to the City for the use
and benefit of the property the sum of Ten Cents (100) per square
foot per year for the leased area, which for purposes of this
provision shall be 150% of the actual square footage occupied by
the completed structure. Initially and for the term of this lease
extending through July 1, 1954, ground rent shall be the sum of One
Hundred Twenty -Six Dollars ($126.00) per year, due in advance.
Said rental shall be payable without demand on or before the
anniversary date of this lease each year. If Tenant fails to pay
said ground rent when due, the City shall have the right to
terminate this lease upon 30 days notice to the Tenant and to any
lienholder who has requested such notice unless said ground rent is
paid in full within said 30 days notice period.
2. Maintenance: Tenant agrees that upon completion the
structure will be maintained in good condition at all times,
reasonable wear and tear excepted, at the expense of Tenant. The
Tenant will be responsible for any and all contamination of the
property due to spillage. Upon vacating the property, Tenant will
submit a certified release that the area is free from all
contamination.
3. Renewal: This agreement is to be renewed in writing on or
before the anniversary date (July 1, 1994).
IN WITNESS WHEREOF, the parties are in agreement hereof.
EAGLE AVIATION
President
CITY OF KALISPELL
!rI �tv d ��,, A✓t�!
Airport Manager
KALISPELL CITY AIRPORT
ASSIGNMENT OF HANGAR SITE LEASE
FOR VALUE RECEIVED, HELICOPTER SERVICES, 2244 South 1640 West,
Woods Cross, Utah, the lessee, under a lease dated August 23, 1988,
between Helicopter Services and the City of Kalispell, a municipal
corporation organized and existing under the laws of the State of
Montana, as lessor under the above lease of property located at the
Kalispell City Airport, in the City of Kalispell, County of
Flathead, State of Montana, described in Exhibit "A", attached
hereto and thereby made a part hereof; assigns all right, title,
and interest in and to said lease to Frank Thomas, effective
1993.
DATED THIS DAY OF t:--ti- , 1993.
ATTEST:
CONSENT CONSENT BY CITY
HELICOPTER SERVICES t�
By
/ 7
Its `- A-2--v
The CITY OF KALISPELL, a municipal corporation of the State of
Montana, as lessor, consents. to the assignment of the lease dated
August 23, 1988 for Hangar Site at the Kalispell City Airport,
subject to the following provisions:
1. That Frank Thomas continue to use the site,
exclusively, for storage of aircraft and
operation of helicopter business, and uses
incidental to such business.
2. That Frank Thomas, assignee, assumes and agrees to
be bound by all provisions of the Kalispell City
Airport, Hangar Site Lease, dated August 23rd, 1988.
DATED THIS DAY OF 1993.
CITY OF KALISPELL
By
Its
Attest:
Frank Thomas
By
I t s
Attest: