HomeMy WebLinkAbout860059.tiff RESOLUTION
RE: APPROVAL OF LEASE AGREEMENT BETWEEN WELD COUNTY, COLORADO,
AND JOHNSON AND JOHNSON EDUCATION SYSTEMS, CORP. , D/B/A EMERY
SCHOOL OF AVIATION, AND AUTHORIZATION FOR CHAIRMAN TO SIGN
SAME.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, a Lease Agreement between Weld County, Colorado, and
Johnson and Johnson Education Systems, Corp. , d/b/a Emery School
of Aviation , has been presented to the Board of County
Commissioners, and
WHEREAS, a Lease for the same property was previously
executed on January 18 , 1985 , between the Greeley-Weld County
Airport Authority, as Lessor, and Johnson and Johnson Education
Systems, Corp. , d/b/a Emery School of Aviation, as Lessee, and
WHEREAS, a title search revealed that the property is owned
by the County of Weld as to a one-half interest, and by the City
of Greeley as to a one-half interest, and
WHEREAS , Lessor and Lessee desire to enter into the attached
Lease Agreement, to be effective as of January 1 , 1984 , and to
ratify, affirm, and undertake the same terms and conditions as the
above-mentioned January 18 , 1985 , Lease with the Greeley-Weld
County Airport Authority, and
WHEREAS , said Lease Agreement covers the following described
realty situate in the County of Weld, State of Colorado, to wit:
A tract of land located in the Southwest
Quarter of Section 2 , Township 5 North, Range
65 West of the Sixth Principal Meridian, Weld
County, Colorado, and being more particularly
described as follows:
Beginning at the Southwest Corner of said
Section 2 and considering the West line of
said Section 2 to bear North 01°34 ' 53" East
with all other bearings herein being relative
thereto;
Thence North 17°39 ' 11" East, 1295 .87 feet to
the True Point of Beginning (centerline runway
A Mr,
PAGE 2
RE: EMERY AVIATION LEASE AGREEMENT (LEASE PARCEL #36)
9/27 station 26 + 63 . 35 and 1552. 07 feet
right) ;
Thence North 00°31 ' 00" East, 198 .55 feet;
Thence South 89°29 ' 00" East, 321 . 15 feet
(centerline runway 9/27 station 29 + 20.81 and
1275. 89 feet right) ;
Thence South 30°29 ' 50" East, 173. 80 feet;
Thence South 01°24 ' 41 " West, 56.00 feet;
Thence North 89°35 ' 19" West, 409. 87 feet to
the True Point of Beginning;
Said tract of land contains 76 , 165 square
feet, more or less.
WHEREAS, the Board, after study and review, deems it
advisable to enter into said Lease Agreement, a copy of which is
attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Lease Agreement
between Weld County, Colorado, and Johnson and Johnson Education
Systems, Corp. , d/b/a Emery School of Aviation, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Lease Agreement.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 15th day of
January, A.D. , 1986 .
/7ATTESTcfi r. .,L BOARD OF COUNTY COMMISSIONERS
J• •v,,.,„4,2//{r,„0,r.., 1 WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board J:cqu% i e h so. Chairman
Y /
B : ,/ C 71c ;zcb' -
}sputy County Clerk G°,t`fir: `ac! , T.-Tem
/
APPRO AS F
ene R. Brantner
County Att rney /7/
C.✓W, a 9 rby /��
Fran Vie1f -
A
AMENDED AIRPORT GROUND LEASE
(LEASE PARCEL #36)
THIS AGREEMENT, made and entered into this day of
, 198 , effective January 1, 1984, by and
between THE CITY OF GREELEY, a Municipal Corporation and THE COUNTY
OF WELD, a Body Corporate and Politic of the State of Colorado, jointly
hereinafter referred to as "Lessor," and JOHNSON & JOHNSON EDUCATION
SYSTEMS CORP., d/b/a EMERY SCHOOL OF AVIATION, 661 Buss Avenue, Greeley-
Weld County Airport, Greeley, Colorado, hereinafter referred to as
"Lessee."
Background of Agreement. The following background statements
are made to aid in the understanding and interpretation of this Amended
Ground Lease:
A. This Lease pertains to the property described on "Exhibit
A."
B. A Lease for the property described on Exhibit A was executed
on January 18, 1985, between the Greeley-Weld County Airport Authority,
as Lessor, and Johnson & Johnson Education Systems Corp., d/b/a Emery
School of Aviation, as Lessee.
C. Transamerica Title Insurance Company has determined that
the property described on Exhibit A is owned by the City of Greeley
as to a one-half interest and the County of Weld as to a one-half
interest.
D. Lessor and Lessee desire to enter into the attached Lease
Agreement to be effective as of January 1, 1984, and to ratify, affirm
and undertake the same terms and conditions as the above-mentioned
January 18, 1985, Lease with the Greeley-Weld County Airport Authority.
E. All rights and obligations by Lessor under this Lease will
be received or performed by the Greeley-Weld County Airport Authority
as its agent.
WITNESSETH:
In consideration of the rent herein paid by Lessee to Lessor,
and the covenants and agreements herein agreed to be kept and performed,
Lessor hereby leases to Lessee for the term hereinafter designated,
the following described property:
(See attached "Exhibit A")
Section 1 - Designation of Agent of Lessor
The Lessor hereby designates the Greeley-Weld County Airport
Authority as its agent and attorney-in-fact to deal with the Lessee
and the -property described on Exhibit A for all purposes including
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rights, obligations and responsibilities as set out in this Lease.
Whenever the term "Lessor" is used in this Lease, the Greeley-Weld
County Airport Authority may be substituted as the correct entity
to act for all purposes for the City of Greeley or Weld County including,
but not limited to, the right to receive the rent, receive notices,
give notices and declare defaults,
Section 2 - Term
The primary term of this Lease shall be for a period of twenty
(20) years to commence on January 1, 1984, and end on December 31,
2004.
Section 3 - Options to Extend Term
Lessee shall have the right, to be exercised as hereinafter provided,
to extend the term of this Lease Agreement for successive periods
of five (5) years each on the following terms and conditions:
A. No default is existing or continuing in the performance of
any of the terms of this Lease.
B. Each extended term shall be on the same terms, covenants,
and conditions as provided in this Lease.
Lessee shall exercise its right to an extension in the following manner:
A. At least six (6) months prior to expiration of the initial
term, and at least six (6) months prior to the expiration of
any extended term, Lessee shall notify Lessor in writing of its
election to exercise the right to extend the term of this Lease
Agreement for the first or a subsequent extended term, as the
case may be.
B. On the giving of such notice of election, the Lease Agreement,
subject to the terms of this provision, shall be deemed to be
extended and the term thereof extended for a period of five (5)
years from the date of expiration of the term during which such
notice is given as the case may be; subject, however, to the
Subparagraph C, below.
C. Lessee's right of extension shall be subject to Lessor's
right of cancellation: Lessor shall have the right to cancel this
Lease Agreement for any reason upon giving Lessee written notice at
least one hundred eighty (180) days prior to the end of the initial
term or any extended term. Upon the giving of such notice, this Lease
Agreement shall terminate.
Section 4 - Rental
The rental to be paid by Lessee to Lessor is based upon $.1125
per square foot of building area, and it is agreed that there are
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0 square feet of building area; and $.06 per square foot for undeveloped
land, and it is agreed there are 76,166.0 square feet of undeveloped
land. Accordingly, for the first year of the Lease, the rental shall
be $380.83 per month payable on the first day of each month. Building
area is defined as any space upon which there exists a permanent building
structure plus an additional 10 feet around the perimeter. The above
stated number of square feet of building area shall be adjusted in
the event a new building is constructed. During the term of this
Lease, there shall not be any additional charge for the use of the
Greeley-Weld County Airport runway when used for flight training aircraft
not exceeding 18,000 pounds.
All fixtures, improvements, buildings and personal property shall
at all times during the term of this Tease remain the exclusive property
of Lessee. However, any fixtures, improvements, buildings or personal
property on the leased premises, now existing or constructed by Lessee
shall become the exclusive property of Lessor, without liability for
payment, if the said fixtures, improvements, buildings or personal
property remain on the leased premises ninety (90) days after termination
of this Lease for any reason.
Section 5 - Inflation for Rental Rate
On the first anniversary of the commencement date of the term
and annually thereafter, the rent payable by Lessee shall be increased
or decreased to an amount determined by multiplying the rent specified
in Section 4, above, ($380.83 per month) by a fraction, the denominator
of which shall be the most recent Consumer Price Index figure as here-
inafter defined, published prior to the commencement date of the term
and the numerator of which shall be the most recent Consumer Price
Index figure published prior to the date of the adjustment. As used
herein, the term "Consumer Price Index" shall mean the United States
Department of Labor, Bureau of Labor Statistics, Consumer Price Index,
all urban consumers, all items, Denver-Urban (1967, equals 100) , or
the successor of that Index. Should Lessor lack sufficient data to
make the determination specified in this section on the date of any
adjustment, Lessee shall continue to pay the monthly rent payable
immediately prior to the adjustment date. As soon as Lessor obtains
the necessary data, it shall determine the rent payable from and after
the adjustment date and notify Lessee of the adjustment in writing.
Should the monthly rent for the period following the adjustment date
exceed the amount previously paid by Lessee for that period, the over-
payment shall be credited to the next installment of rent due under
this Lease.
Section 6 - Delinquency
The rental payments set forth above must be kept current.
Interest shall be charged on any payments overdue more than thirty
(30) days at the rate of one and one-half percent (1 1/2%) per month
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prorated for the number of days late and based on the date of receipt
of payment of Lessor.
Section 7 - Notices
All notices required to be _given to Lessor hereunder shall be
in writing and sent by certified mail to:
Airport Manager
Greeley-Weld County Airport Authority
P. O. Box 727
Greeley, CO 80632
All notices required to be given to Lessee hereunder shall be in writing
and sent by certified mail addressed to
Johnson and Johnson Education Systems, Inc.
d/b/a Emery School of Aviation, Inc.
661 Buss Avenue
Greeley, CO 80631
provided that the parties, or either of them, may designate in writing
from time to time subsequent or supplementary persons or addresses
in connection with said notices. The effective date of service of
any such notice shall be the date such notice is mailed to Lessee
or Lessor.
Section 8 - Insurance
Lessee shall procure and maintain in force insurance covering
the leased premises and Lessee's activities thereon in minimum amounts
as follows:
A. Bodily injury (including wrongful death) and damage insurance
written on an occurrence basis, protecting Lessee with limits
of not less than $150,000/$400,000 bodily injury for any one
occurrence, and not less than $100,000 for damages to property
of others, and in such form as Lessor may from time to time require.
These limits shall be increased by Lessee if inflation or liability
exposure requires such an increase.
B. All policies of insurance required herein shall be in a form
and in a company or companies approved by Lessor, and qualified
to do insurance business in the State of Colorado. Lessor shall
be furnished with copies of all insurance policies obtained by
Lessee in compliance with this section. Lessee agrees to notify
Lessor in writing as to any amendment to or cancellation of such
policies.
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Section 9 - Utilities
Lessee shall furnish, at the sole expense of the Lessee, water,
electricity, heat and all other utilities used by it in connection
with the operation of its aviation business and the demised premises.
Lessor shall furnish utility access to the perimeter of Lessee's leased
premises.
Section 10 - Use of Premises
Lessee agrees to use the leased premises for the purposes of
an aviation oriented business, including fuel storage and sales, aircraft
maintenance and repair, technical education and related administrative
functions, and Lessee will not use said space nor allow any sublessee
to use any space for any other purpose without the prior written consent
of Lessor, which will not be unreasonably-withheld.
Section 11 - Safety Standards
All activities conducted on the leased premises, or any other
activities conducted by Lessee on or about the Aiiport shall conform
with acceptable safety standards. Applicable FAA safety standards
shall be used as a guideline.
Section 12 - First Right of Refusal
In the event Lessee shall receive a bona fide offer to purchase
the improvements on the demised premises during the term of this Lease,
and the offer to purchase shall be satisfactory to Lessee, Lessee
shall give Lessor the privilege of purchasing the premises at the
price and on the terms of the offer so made. This privilege shall
be given by a notice sent to Lessor along with a copy of the third
party's bona fide offer by registered mail, requiring Lessor to accept
the offer in writing and to sign a suitable contract to purchase the
premises within the period of thirty (30) days after the mailing of
the notice.
The failure of Lessor to accept the offer to purchase or sign
a contract within the period provided, shall nullify and void the
privilege to Lessor, and Lessee shall be at liberty to sell the premises
to any other person, firm or colpuration. However, any attempted
sublease or assignment of this Lease shall be subject to approval
of the Lessor which shall not be unreasonbly withheld (gee Paragraph
23) .
Section 13 - Maintenance of Premises
Lessee shall, at its sole expense, keep and maintain the leased
premises and appurtenances in good and sanitary condition and repair
during the term of this Lease.
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Section 14 - Approval for Construction
Improvements may be constructed, changed or altered by Lessee
on the leased premises provided the plans and specifications for the
construction, change or alterations are approved in writing by Lessor.
Lessor' s approval will not be unreasonably withheld. In addition,
any construction, change or alteration so approved by Lessor shall
be constructed in compliance with the applicable rules and regulations
of the Federal Aviation Administration or its successors in function,
and the rules and regulations of the Greeley-Weld County Airport Authority,
and pursuant to a building permit issued by the Weld County Building
Department.
Section 15 - Signs
Lessee shall not erect, paint or maintain any signs whatsoever
upon the leased premises without first securing the written consent
of Lessor.
Section 16 - Right of Inspection
Lessor reserves and retains for its officers, employees and authorized
representatives, the full and unrestricted right to enter the premises
for the purpose of inspecting or protecting such premises and of doing
any and all things which Lessor may deem necessary for the proper
general conduct and operation of the Greeley-Weld County Airport.
However, unless an emergency exists, such inspection shall occur during
Lessee's regular business hours upon prior notice, and admission to
the premises by Lessee shall be obtained whenever practical.
Section 17 - Taxes and Licenses
Lessee covenants and agrees to pay promptly all valid taxes,
excises, license fees and permit fees of whatever nature applicable
to its operation hereunder, or levied or assessed against the leased
premises and to take out and keep current all licenses - county, state
or federal - required for the conduct of its business and upon the
Greeley-Weld County Airport, and further agrees not to permit any
of the said taxes, excises or license fees to become delinquent.
Section 18 - Indemnification
Lessee covenants and agrees that it will indemnify and save harmless
Lessor from all demands, claims, costs, causes of action or judgments
and from all expenses that may be incurred in investigating or resisting
the same, arising from or growing out of any act or neglect of Lessee,
its contractors, agents, employees, invitees, servants, subtenants,
successors or assigns in connection with its occupancy or their occupancy
of any portion of the Greeley-Weld County Aiipurt. Lessor agrees
to indemnify and save harmless Lessee in similar manner.
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Section 19 - Waivers
No waiver of default by either party of any of the terms, covenants
or conditions hereof to be performed, kept and observed by the other
party, shall be construed as or -operate as a waiver by either party
of any subsequent default of any of the terms, covenants or conditions
herein contained to be performed, kept and observed by the other party.
Section 20 - Non-liabilty of Lessor
In consideration of this Lease and the rental charged Lessee
therefor, Lessee agrees that Lessor shall not be responsible to Lessee
for any damages to Lessee, his property, or any of Lessee's employees
arising from the storage of planes, floods, windstorms, fires or flight
facilities or use of the Airport by other persons.
Section 21 - Force Majeure
Neither Lessor nor Lessee shall be deemed to be in breach of
this Lease Agreement by reason of failure to perform any of its obligations
hereunder if while, and to the extent, that such failure is due to
embargos, shortages of materials, acts of God, acts of superior govern-
mental authority, floods, riots, rebellion or any other similar circum-
stances for which it is not responsible, and which are not within
its reasonable control. This provision shall not apply to failures
by Lessee to pay rents or other charges or to make any money payments
whatsoever to Lessor required by this Lease Agreement.
Section 22 - Inconvenience During Construction
Lessee recognizes that from time to time during the term of this
Lease Agreement, it will be necessary for Lessor to initiate and carry
forward extensive programs of construction, reconstruction, expansion,
relocation, maintenance and repair in order that the Greeley-Weld
County Airport and its facilities may be suitable for the volume and
character of air traffic and flight activity which will require accom-
modation, and that such construction, reconstruction, expansion, relo-
cation, maintenance and repair may inconvenience or temporarily interrupt
Lessee and its operation at the Greeley-weld County 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. Lessor will make reasonable attempts to provide
Lessee with alternate access during construction projects which affect
Lessee's access to the leased premises. In the event Lessor votes
to permanently close the Greeley-Weld County Airport, or if the said
Airport is closed permanently for any reason, Lessee shall have the
option to cancel this Lease as of the date of the actual permanent
closure of the Aigpirt. Any prepaid rent shall be prorated back to
Lessee to the date of permanent closure. Furthermore, in the event
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the Aiipurt becomes unusable for Lessee's purposes, Lessee shall have
the option to cancel this Lease. "Unusable" shall be defined as any
period of time exceeding two (2) months when air traffic is prohibited
from takeoffs or landings on all available runways at the Greeley-Weld
County Airport. In such a case, any prepaid rent shall be prorated
back to Lessee to the date the Airport first became unusuable.
Section 23 - Assignment and Sublease
Lessee shall not assign or sublease any of its rights in this
Lease Agreement, in whole or in part, without the prior written consent
of Lessor. Lessor's consent will not be unreasonably withheld.
Section 24 - Changes in Corporate Principal
Prior to the commencement of this Lease Agreement, Lessee shall
submit to Lessor a copy of its Articles of Incorporation, including
the names and addresses of its present principal owners. During the
term of this Lease Agreement, if any one or more of such principal
owners shall no longer be principal owners of such corporation, then
this Lease shall, at the option of Lessor terminate unless written
approval is made by Lessor. "Principal owner" is defined as anyone
who owns at least 30% of the stock in the corporation.
Section 25 - Mechanic's Liens
Lessee further agrees that Lessee will pay all liens of contractors,
subcontractors, mechanics, laborers, materialmen, and other items
of like character, and will indemnify Lessor against all legal costs
and charges, bond premiums for release of liens, including counsel
fees reasonably incurred in and about the defense of any suit in dis-
charging the said premises or any part thereof from any liens, judgments
or encumbrance caused or suffered by Lessee. It is understood and
agreed between the parties hereto that the cost and charges above
referred to shall be considered as rent due and shall be included
in any lien for rent.
The Lessee herein shall not have any authority to create any
liens for labor or material on the Lessor's interest in the above-described
property, and all persons contracting with the Lessee for the destruction
or removal of any building or for the erection, installation, alteration
or repair of any building or other improvements on the above-described
premises, and all materialmen, contractors, mechanics and laborers
are hereby charged with notice that they must look to the Lessee's
interests only in the above-described property to secure the payment
of any bill for work done or material furnished during the rental
period created by this Lease.
Section 26 - Default
Should Lessee fail, refuse or neglect to pay the rent as herein
provided, or should Lessee breach any of the terms and conditions
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of this Lease Agreement, Lessor shall become entitled to repossess
the demised premises upon giving Lessee notice of such breach in writing
at least ten (10) days in advance. If at the end of such ten-day
period following the service of said notice, Lessee fails to make
payment and/or correct the breach, Lessor may, at its option, terminate
the Lease Agreement or may, without terminating the Lease Agreement,
enter upon and take possession of the leased premises with or without
process of law, without liability for trespass.
Further, in the event Lessee shall engage in any activity or
practice (except as herein specifically permitted) which hinders or
interferes with the proper use and operation of the Greeley-Weld County
Airport, then Lessor may order Lessee to forthwith cease and desist
from such activity or practice, and should Lessee fail or refuse to
comply with any such order, then Lessor may, at its option, cancel
and terminate this Lease Agreement.
Section 27 - Federal Aviation Administration Lease Requirements
A. The Lessee for himself, his personal representatives, successors
in interest, and assigns, as a part of the consideration hereof,
does hereby covenant and agree "as a covenant running with the
land": that (a) 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, (b) that 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, (c) that 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. Lessee shall furnish its acconunulations 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 private reductions
to volume purchasers.
C. Lessee (Licensee, Contractor, etc.) shall make its accommodations
and/or services available to the public on fair and reasonable
terms without unjust discrimination on the basis of race, color,
religion, sex, age or national origin.
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D. Non-compliance with Provision A, B and C, above, after written
findings, shall constitute a material breach thereof and in the
event of such non-compliance, the Lessor shall have the right
to terminate this Lease and the estate hereby created without
liabilty therefor or at the election of the Lessor or the United
States, either or both said governments shall have the right
to judicially enforce said Provisions A, B and C.
E. Lessee agrees that it shall insert the above four provisions
in any lease (agreement, contract, etc.) , by which said Lessee
grants a right or privilege to any person, firm or corporation
to render accommodations and/or services to the public on the
premises herein leased.
F. The Lessor reserves the right to further develop or improve
the landing area of the Airport as it sees fit, regardless of
the desires or views of the Lessee, and without interference
or hindrance.
G. 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.
H. This Lease shall be subordinate to the provisions and requirements
of any existing or future agreement between the Lessor and the
United States, relative to the development, operation or maintenance
of the Airport.
I . Lessee agrees to comply with the notification and review
requirements 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
situated on the leased premises.
J. 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 308(a) of the Federal Aviation
Act of 1958, as amended.
K. There is hereby reserved to the Lessor, its successors and
assigns, for the use and benefit of the public, a right of flight
for the passage of aircraft in the airspace above the surface
of the premises hereby leased, together with the right to cause
in said airspace such noise as may be inherent in the operation
of aircraft, now known or hereafter used for navigation of or
flight in the air, using said airspace or landing at, or taking
off from or operating on the Greeley-Weld County Airport.
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L. The Lessee, by accepting this Lease, expressly agrees for
itself, its successors and assigns that it will not erect nor
permit the erection of any structure or object nor permit the
growth of any tree on the land leased hereunder above the mean
sea level elevation of 4,671 feet. In the event the aforesaid
covenant is breached, the Lessor reserves the right to enter
upon the land leased hereunder and to remove the offending structure
or object and cut the offending tree, all of which shall be at
the expense of the Lessee.
M. The Lessee, by accepting this Lease, expressly agrees for
itself, its successors and assigns, that it will not make use
of the leased premises in any manner which might interfere with
the landing and taking off of aircraft from the Greeley-Weld
County Airport or otherwise constitute a hazard. In the event
the aforesaid covenant is breached, the Lessor reserves the right
to enter upon the premises hereby leased and cause the abatement
of such interference at the expense of Lessee.
N. The Lessee assures that it will undertake an affirmative
action program as required by 14 CFR, Part 152, Subpart E, to
insure that no person shall, on the grounds of race, creed, color,
national origin, or sex, be excluded from participating in any
employment activities covered in 14 CFR, Part 152, Subpart E.
The Lessee assures that no person shall be excluded on these
grounds from participating in or receiving the services or benefits
of any program or activity covered by this subpart. The Lessee
assures that it will require that its covered suborganizations
provide assurances to the Lessee that they similarly will undertake
affirmative action programs and that they will require assurances
-from their suborganizations, as required by 14 CFR, Part 152,
Subpart E, to the same effect.
Section 27 - Attorneys' Fees and Costs
In the event litigation is instituted by either party because
of a failure to pay rent or other breach of this Lease Agreement,
the other party shall pay all of the prevailing party's attorneys'
fees and costs.
Section 28 - Loan of Lessee
All of the terms and conditions of the document attached hereto
known as "Agreement Regarding Encumbrance of Leasehold Interest" between
Johnson & Johnson Education Systems, Inc. (Borrower) , and Greeley-Weld
County Airport Authority (Lessor) , and United Bank of Skyline, N.A. (Bank) ,
are hereby adopted by the City of Greeley and Weld County, as Lessor,
as if set forth herein in full. Nothing contained in this Agreement
or the attached Agreement, shall in anyway be construed as subordinating
the Lessor's interest or creating a priority ahead of Lessor's interest
in the property described on Exhibit A to United Bank of Skyline,
N.A.
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IN WITNESS WHEREOF, the parties hereto have caused this Lease
Agreement be executed as of the day and year first above written.
LESSOR:
THE CITY OF GREELEY, a Municipal THE COUNTY OF WELD, a Body Coiporate
Cor�atporation and Politic of the State of Colorado
Cam: (/�z 4) / -2.72 , . .
A ThST: Arr'tST:
By: GLG r,LC
LESSEE:
This signature page was corrected 3/13/86
JOHNSON & JOHNSON EDUCATION and re-signed with the proper attestation.
SYSTEMS CORP. , d/b/a EMERY SCHOOL
OF AVIATION
By:
ATTEST:
By:
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•
McRAE & SHORT, INC.
• 1227 - 8th Avenue
Greeley, Colorado 80631
Telephone (303) 356-3101
Engineering, Surveying, Planning & Land Development
PROJECT NO. 119-801
WELD COUNTY MUNICIPAL AIRPORT
LEGAL DESCRIPTION OF LAND SPACE 36
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2 , TOWNSHIP 5 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN , WELD COUNTY, COLORADO, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 2 AND CONSIDERING THE WEST
LINE OF SAID SECTION 2 TO BEAR NORTH 01° 34' 53" EAST WITH ALL OTHER BEARINGS
HEREIN BEING RELATIVE THERETO;
THENCE NORTH 17° 39'11" EAST, 1295.87 FEET TO THE TRUE POINT OF BEGINNING
(CENTERLINE RUNWAY 9/27 STATION 26 + 63.35 AND 1552.07 FEET RIGHT) ;
THENCE NORTH 00° 31' 00" EAST, 198.55 FEET;
THENCE SOUTH 89° 29' 00" EAST, 321.15 FEET (CENTERLINE RUNWAY 9/27 STATION
29 + 20.81 AND 1275 .89 FEET RIGHT) ;
THENCE SOUTH 30° 29' 50" EAST, 173.80 FEET;
THENCE SOUTH 01° 24' 41" WEST, 56.00 FEET;
THENCE NORTH 89° 35' 19" WEST, 409.87 FEET TO THE TRUE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 76,165 SQUARE FEET, MORE OR LESS.
SURVEYOR' S CERTIFICATE
I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION , THIS LEGAL DESCRIPTION
WAS PREPARED ON MARCH 20, 1984.
GERALD B. McRAE , PROFESSIONAL ENGINEER AND .A6616 ?o,`
LAND SURVEYOR, COLORADO REG. NO. 6616 9 • 6- S:0
DATE: March 20, 1984 PAGE 1 OF 2
PREPARED BY: GREELEY - WELD COUNTY AIRPORT LAND
McRAE & SHORT, INC. SPACE it
1227 8th AVCIILIC P. O. BOX 747
Greeley, Colorado 80631 GREELEY, COLORADO 8O632 4 /96
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/ WELD COUNTY MUNICIPAL AIRPORT
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DATE MARCH 20, 1984 PAGE 2 OF 2
PREPARED 9Y; GREELEY - WELD COUNTY AIRPORT LAND
McRAE & SHORT, INC. SPACE
1227 8th Avenue P. O. 80X 747 36
Greeley, Colorado 80631 ?REELEt COLORADO 80632 /4-r
AGREEMENT REGARDINd ENCUMBRANCE OF LEASEHOLD IN. EREST
1. Defined Terms. The following terms shall have the meanings indicated whenever used in this Agreement:
1.1 Borrower (Name and Address): Johnson and Johnson Education Systems, Inc.
dba Emery School of Aviation
661 suss Avenue
Greeley, CO 80631
1.2 Bank (Name and Address):
United Bank of Skyline, Pl• A.
1055 16th St.
Denver. CO 80202
1.3 lessor (Name and Address): Greeley;.!e1 d County Airport Authority
P.O. Cox 747
Greeley, CO 50632
1.4 Lease: The Lease,dated Jan• 18. 1 985 , between the Lessor,as the landlord,and the
Borrower,as the tenant,a copy of which is attached to this Agreement as Exhibit A.
1.5 Note: The promissory note of B r N to the order of the Bank,dated Feb. 1 , 1 965
d��,d66'.�a
in the principal amount of $ ,and all renewals and extensions thereof.
1.6 Deed of Trust: The Deed of Trust,dated Feb. 1 • 1 CflScovering the Borrower's leasehold
interest in the Lease, from the Borrower to the Public Trustee of the 1,f&1 d County of
,Colorado,for the benefit of the Bank to secure the Note and the
Obligations.
1.7 Obligations: The Borrower's obligations under the Note and all other obligations secured by the
Deed of Trust.
The terms and conditions on the reverse side and subsequent pages of this Agreement are hereby
n-orporated i to t
� �inson and Johnson Education Systems, Inc. Greet y ' 1d C unt' ir. %rt Authority
dba Emery chpol of- Aviation BY: /2
Borrower ? / Lessor H.- Gordon Joh -on Chairman
BY: 2//
�,
(Sealy ���' �� / / (Seal) :(7• - 7',,/ • 7
4�l ` + i �fr <I5�11 Exl IfCS/ 1�7zY(J Attest/i t-col, L<(i 'lam• �4 !Sf',� �l'.•OatF� � 7 G.t CC.2.�� /7.9�� Dated /Cult-t.C.L{�'.�t ICAr4✓�_ •
V n
Lessor's Acknowledgement
STATE/OF COLORADO
I ss.
COUNTY OF 1
The foregoing instrument was acknowledged before me this day of , 19 ,
by
(as President and
as Secretary of
a corporation).
Witness my hand and official seal.
Notary Public
My commission expires
Borrower's Acknowledgement
STATE OF COL ORA.DO_ - )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 19—,
by
las President and
as Secretary of
a corporation).
Witness fly hand and official seal.
Notary Public
My commission expires
5989
/LIE
2. Recitals. The Borrower has executed the Deed of Trust in order to secure the Obligations,and, in order to
confirm the adequacy of the Deed of Trust as security,the Bank has required that this Agreement be executed
and delivered by the Lessor and the Borrower.
3. Lessor's Consent. The Lessor hereby consents to the Borrower's encumbering its interest in the Lease
pursuant to the terms of the Deed of Trust.
4. Representations and Warranties of the Lessor and the Borrower. The Lessor hereby represents and warrants
to the Bank that Exhibit A attached to this Agreement is a true and correct copy of the Lease and that the Lease
has been executed by the duly authorized representatives of the Lessor and is a valid,binding and enforceable
obligation of the Lessor. The Borrower represents and warrants to the Bank that Exhibit A attached to this
Agreement is a true and correct copy of the Lease and that the Lease has been executed by the duly authorized
representatives of the Borrower and is a valid,binding and enforceable obligation of the Borrower. The Borrower
also represents and warrants to the Bank that the Borrower's leasehold interest in the Lease is not subject to any
claim,setoff, lien or encumbrance other than the lien of the Deed of Trust.
5. Notice of Defaults Under the Lease;the Bank's Right to Cure. Before exercising any right to terminate the
Lease,the Lessor shall give to the Bank,in addition to notice to the Borrower,at least 30 days' prior written
notice of all defaults claimed as a basis for the right to terminate. The Bank shall then have the right to notify
the Lessor prior to the expiration of such 30-day period of the Bank's election to assume the Borrower's
obligations to the Lessor under the Lease. If the Bank so elects,the Lessor shall not thereafter exercise any
right to terminate the Lease so long as the Bank cures any default of the Borrower reasonably curable by the
Bank,which shall not include defaults such as,but not limited to, the bankruptcy or insolvency of the Borrower.
6. Bank's Rights Upon Foreclosure of the Deed of Trust. If the Borrower defaults under the Obligations and
the Bank forecloses under the Deed of Trust, by giving written notice to the Lessor the Bank may, but shall not
be obligated to,assume all of the rights and obligations of the Borrower under the Lease. If the Bank assumes
all of the rights and obligations of the Borrower under the Lease,the Bank shall pay,or cause the Borrower to
pay,the Lessor the unpaid amounts due under the Lease in accordance with its terms and will otherwise perform
the Borrower's obligations under the Lease. The Lessor shall rely,and shall be entitled to rely, upon written
notice from the Bank that the Bank has assumed all of the rights and obligations of the Borrower under the Lease
without any inquiry into whether the Borrower is in default under the Obligations.
7. Borrower's Continued Liability; Indemnification of the Bank; Rights of Subrogation. The Bank's
assumption of any of the Borrower's obligations pursuant to paragraph 5 or 6 above shall not relieve the
Borrower of its obligations under the Lease. The,Borrower shall remain liable for all costs and expenses incurred
in connection with performance of its obligations under the Lease,and the Borrower shall indemnify the Bank
from,and hold the Bank harmless against,all liabilities, losses,damages,costs and expenses (including without
limitation attorneys' fees and expenses) which the Bank may incur or expend by reason of its assumption of the
Borrower's obligations under the Lease. If the Bank makes any payments required under the Lease, the Bank
shall thereupon be subrogated to all the Lessor's rights against the Borrower with respect to such payments.
Under no circumstances shall the Bank be deemed by any party to have assumed Borrower's rights and
Obligation under the Lease unless and until written notice is delivered to the Lessor in accordance with.
o-'earagraphs 5 or 6.
•
-$. No-Amendments to the Lease. Without the prior written consent of the Bank,the Lessor and the Borrower
will Pat-fa}.mend,imbdify or otherwise change any terry] of the Lease nor (b) take any other action in
_ =:4onciection with the.Lease which would have the effect of impairing the value of the Bank's interest therein or
"Tights-twr-aunt er._.
9: Lessor's Certification of No Defaults. Upon the Bank's request,but not more often than once each
six-month period, the Lessor will furnish to the Bank a certificate of the Lessor stating that no condition or event
exists that constitutes an event of default under the Lease or which,after notice or lapse of time or hoth,would
constitute an event of default,or, if any such condition or event exists, specifying the nature and period of
existence thereof and what action the Lessor is taking or proposes to take with respect thereto.
10. Performance by the Borrower. The Borrower covenants that up to the date of this Agreement it has
faithfully performed,and that so long as the Deed of Trust shall be in effect, it will continue faithfully to
perform ail its obligations under the Lease and that it will not at any time during the term of the Lease default
thereunder, so as to give to the Lessor cause to terminate the Lease.
11. General. (a) No failure of the Bank to avail itself of any of the terms and conditions of this Agreement for
any period of time shall be construed to be a waiver of any of its rights hereunder; and the Bank shall have the
full right and authority to enforce this Agreement,or any of its terms,at any time or times that the Bank shall
deem fit: (b) The Bank shall incur no liability to the Borrower if any action taken by the Bank or on its behalf
in good faith pursuant to the Deed of Trust or this Agreement shall prove to he in whole or in part inadequate or
invalid. lc) The Lessor and the Borrower hereby expressly waive the Bank's written acceptance of this Agreement.
(d) Any consent, notice or other communication required or contemplated by this Agreement shall be in writing.
If intended for the Lessor or the Borrower, it shall he deemed given if inailed, postage prepaid Sc the Lessor or
the Borrower at the par ty's address given on the front page of this Agreement or at such other address given by
notice as herein provided. If intended for the Bank, it shall be deemed given only if actually received by the Bank.
le) This Agreement shall be governed by the taws of the State of Colorado. If) All the rights of the Bank under
this Agreement shall be cumulative and shall inure to the benefit of its successors and assigns. All obligations of
the Lessor and the Borrower hereunder shall be binding upon the heirs, legal representatives,successors and
assigns of the Lessor and the Borrower. (g) The paragraph headings in this Agreement are for purposes of
reference only and shall not limit or otherwise affect the meaning hereof. (h) This Agreement may be executed
in several counterparts,each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
X49
STATE OF COLORADO) ss.
COUNTY OF WELD )
.—{12 day of
Subscribed and sworn to before me this
he City of
March, 1986, by h 1(1)/Lt- l y 27.4 „ O. for
Greeley.
My commission expires:
/0-,94— O
� I
Rotary Public
STATE OF COLORADO)
ss .
COUNTY OF WELD )
ubscri'oed and scorn to me this :'ir day of
for the County
March, ':986, by\— 1.--e., Y >,
of 'yield. %
My commission expires :
—Ifb ,cry Publ i�c �
vi�— /
;y Commission Expires
Ncv_ember 5, 1S5
13
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