HomeMy Public PortalAboutTTF Draft AgreementMcCall MUNICIPAL AIRPORT
Through-the-Fence
License Agreement
This through-the-fence (TTF) license agreement, hereinafter called the Lease, or TTF agreement is made DATE, by and between
the City of McCall, an Idaho municipal corporation (called "City" in the rest of this Lease) as Lessor, and NAME, (called "Lessee" in the rest of this Lease), as Lessee, for and in consideration
of the mutual promises, covenants, agreements and conditions in this Lease. This Lease consists of this "Through-the-Fence (TTF) Lease" together with the legal description, Exhibit "A;"
a drawing of the Subject Property, Exhibit "B;" Special Additional Terms, if any, Exhibit "C," Minimum Standards For Commercial Operations and Private Users, Exhibit "D, and City of
McCall, Resolution 00-05, Exhibit “E.”
TTF Specific Issues: Following is a listing of some of the TTF issues addressed in this agreement. While this list is inclusive of this agreement,
it is not exhaustive of issues that are contained elsewhere or supplementally within this agreement.
The Minimum Standards and Rules and Regulations of McCall Municipal Airport shall
be the minimum adhered to by the TTF operator.
Access is granted to the non exclusive aircraft movement areas upon McCall Municipal Airport via one taxiway connection that is constructed,
maintained, and paid for by the TTF operator. This access will be at a point directed by the Airport Manager.
The City of McCall and McCall Municipal Airport retain the legal right
to require the TTF operator to conform to existing, proposed, and future grant agreement requirements and Federal property conveyance obligations. This includes the requirement to ensure
safe operation and equitable compensation for use of the airport.
Payment by the TTF operator shall be made on a cost per square foot of ground basis as is provided for in City of McCall
Resolutions as they presently exist for on airport lessees, and as they may be amended.
Payments for landing fees, fuel flowage fees, aircraft parking fees, and any other future fees
charged including but not limited to car rent fees, catering fees, ground vehicle parking fees, and other concession and percentage of gross sales fees will be paid by the TTF operator.
This
agreement expires not later than 40 years after the City of McCall approves the agreement and it is signed and dated by the Mayor of the City of McCall.
This agreement is subordinate
to all existing and future grant assurances and obligations.
Liability insurance of an amount and coverage type as directed by the City of McCall shall be carried by the TTF operator
naming the City of McCall as an additional insured. Presently $1,000,000 is required of all non commercial hangar owners, and $5,000,000 is required of all commercial operators. These
amounts may be changed in the future by the McCall Municipal Airport.
Should the TTF operator fail to abide by the provisions of this agreement then this agreement will be held in default
and subject to termination.
Failure to pay fees pursuant to this agreement shall render this agreement null and void and all access to the airport shall be terminated unless the fees
and any penalties applied are brought current within 30 days.
Failure to apply for and gain a permit for a commercial activity shall be cause to terminate this agreement upon 30 days
notice and access to the airfield shall be terminated unless the commercial activity applies for a permit, and pays all back fees dues. Should the commercial activity permit be denied,
then the activity must cease and all back fees must be paid or the access to the airfield will be terminated within 30 days.
Failure to abide by any other requirement of this TTF agreement
including but not limited to grant assurances and obligations placed upon lessee by City of McCall presently or in the future shall cause termination of access to airfield unless an
agreement to cure the default is agreed to within 30 days, or a process to resolve the default is agreed to by all parties within 30 days.
This TTF agreement may not be sold or assigned without the express written consent of the City of McCall, which will not unreasonably be withheld. Assignment or sale will cause the
TTF agreement to be amended to the then current standards including fees, rates, and charges.
Background
1. The TTF licensee is the owner in fee simple of the land described on
Exhibit "A" and depicted on Exhibit "B" ("Subject Property"), and requests access to the Common Areas of McCall Municipal Airport for the use of its aircraft for aeronautical purposes.
2. The City of McCall holds the McCall Municipal Airport for the use and benefit of the people of McCall and their guests as a part of the McCall Municipal Airport (all of which Airport
is called "Airport" in the rest of this Lease); and Lessee desires to make use of the Airport non-exclusively for aviation-related activities;
3. City maintains an enterprise fund,
the Airport Fund, in support of the mission of the Airport into which reasonable rents must be deposited to support the operation of the Airport; in the case of the TTF agreement, these
rents shall be equal to or greater than rents achieved with on airport property and users in order to achieve or exceed parity and in order to assure there is adequate funding for the
operational, capital, and other needs of the McCall Municipal Airport and,
4. Uses of the Airport must be compatible with the provision of safe air transportation, be compatible
with aircraft ground activity, not devote TTF areas to non-aviation-oriented activity, and maintain an attractive appearance of the Airport both as one of the "front doors" of McCall
and as a land use adjacent to another of those "front doors."
Agreements
4. Lease. City leases to Lessee and Lessee leases from City, the non exclusive right to use the airport
for aeronautical purposes for the property described on Exhibit "A," called "Subject Property" in the rest of this Lease, together with the right of ingress and egress at a point or
points as provided directed by Airport. All access by the TTF must be maintained solely at the expense of the TTF lessee.
5. Use of Subject Property.
The principal and predominant
use of any building constructed on Subject Property shall be for aircraft storage.
The placement of and plans for improvements are subject to approval as provided below
Under Construction,
and Lessee shall obtain that approval before commencing any construction. Such construction and any use shall comply with this Lease, and with McCall City Code.
C. Lessee shall keep
and maintain the leased premises in a neat and orderly manner, including keeping grass cut and buildings painted a color approved by City in like fashion as provided in paragraph 17,
as well as concealing from view temporary storage of, and then making lawful disposal of, debris, garbage and other waste material arising out of its occupancy Under no circumstances
shall Lessee permit junk, debris, inoperable or unlicensed vehicles or equipment, or other unsightly material, to be stored or otherwise on the Subject Property.
D. Fuels, other
than fuel in tanks of aircraft, and other flammable materials shall not be stored in hangars, nor shall heating fuel lines be above ground.
E. Lessee shall not engage in commercial
activity with the aviation public using the airport, except a business client of Lessee may coincidentally be present. At no time may Lessee’s invitees be
unaccompanied by Lessee while at the Airport. Lessee is specifically prohibited from fueling aircraft inside any hangar, and from engaging in the specific uses assigned to Fixed Base
Operators. Should the TTF lessee wish to act as an FBO, then a separate economic justification shall be provided at the expense of the TTF lessee, and if approved, all applicable fees
and charges now or as they may be amended during the term of this agreement shall apply. The Minimum Standards and Rules and Regulations of the McCall Municipal Airport shall be applicable
as they exist, or as they may be amended during the term of this agreement.
F. Uses such as incidental overnight quarters for air crew members shall be approved in advance by Airport
and by FAA. Such uses shall incur additional fees if approved. Residency of more than 30 days shall not be allowed and will be considered a breach of this agreement with penalties
attaching.
G. Annexation. The lessee agrees to an irrevocable consent to annexation into the City of McCall, including all property that is between the TTF that may be utilized at
a future date as part of the taxiway system.
H. The lessee agrees to connect to sewer at the end of the existing dry line which is near taxiway “A”, and agrees to pay for its proportionate
share of extending this dry line under the runway to a connection with City of McCall sewer.
I. By separate agreement, there is an agreement to sell land required by the City of McCall,
McCall Municipal Airport at then existing market value for land required to move taxiway “A”, and extend the runway to the south as depicted on the DRAFT Airport Layout plan which is
being prepared for the Airport Master Plan.
6. Uses in Common. Lessee shall have the nonexclusive right to use, in common with others, all Airport facilities and improvements of
a public nature which are now, or may come to be provided, including, but not limited to, runways, taxiways, aprons, roadways, parking areas, and other common use facilities, provided
such use is in accord with applicable law and regulations, for the takeoff, flying and landing of aircraft owned, leased, or rented by the Lessee, and its occasional invitees.
7.
Parking. Automobiles may be parked inside the hangar or on anywhere on said lessee Subject Property outside of the Object Free Area, while Lessee's aircraft is being operated. No
motor vehicle shall be parked in front of the hangar, or anywhere where aircraft may be or come to be operating. Vehicles and aircraft may be stopped and stand for loading and unloading
in front of the hangars. Unattended vehicles or aircraft not in an area designated for their use will be regarded as illegally parked and may be towed at the direction of the Airport
Manager, or ticketed pursuant to the McCall City Code, or both.
8. Operations to be Lawful. Lessee and Lessee's improvements and use shall comply with all applicable laws, ordinances,
rules, and regulations of the United States, the State of Idaho, and the City of McCall, including those laws, rules and regulations which may be lawfully promulgated by any of the same
during the term of this Lease. Lessee shall further obey any other lawful directions of the Airport Manager, even if Lessee wishes to appeal such directions. An appeal of any such direction
shall be filed with the Airport Manger in writing by a written appeal. The notice to the City providing particularized claim(s) within ten (10) calendar days of the event being appealed.
The City shall respond in writing within 60 days from receipt of the written appeal. Lessee shall comply with this Lease and all applicable other laws, ordinances, rules, and regulations;
where requirements differ among these various sources, the more stringent shall be complied with; the interpretation of the Airport Manger in these regards made in good faith shall be
conclusive. The City may enter into or on the Lessee's premises to conduct inspections to insure lawful and safe use of the premises with twenty four (24) hour written notice or without
notice in emergency situations.
9. Subordination to Federal Funding and Emergency Requirements. This Lease is subordinate to the
provisions of any existing or future agreement between City and the United States, relative to the operation or maintenance of the Airport, the execution of which agreement has been
or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport. This Lease shall be subordinate to the right of the City during the
time of war or national emergency to lease the landing area or any part thereof to the United States Government for military or emergency use, and if any such lease is so made, the provisions
of this Lease in conflict with the provisions of the lease to the Government, shall be suspended for the duration of the conflict or emergency.
10. Compliance with Enforcement. Lessee
shall comply with such enforcement procedures and orders as the United States might demand that the City follow or issue in order to comply with the City's assurances to the United States,
and to enforce applicable federal, state and local laws.
11. Nondiscrimination. Lessee shall use the premises in compliance with all 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-Education
of Title IV of the Civil Rights Act of 1964, and as said regulations may be amended. Lessee, in its operations and uses of the Airport will not, on the grounds of race, creed, color,
age, marital status, national origin or handicap discriminate or permit discrimination against any person or groups of persons in any manner. Noncompliance with these assurances shall
constitute a breach of this Lease; and in the event of such noncompliance, City may take appropriate action to enforce compliance, may terminate this Lease, or seek judicial enforcement.
12.
City's Reserved Rights. City specifically reserves the right:
a. To develop improve, or make any lawful use of the Airport premises as it sees fit, regardless of the desires
or views of the Lessee, and without interference or hindrance by Lessee;
b. To maintain and keep in repair the Airport and all publicly owned facilities of the Airport, together
with the right to direct and control all activities of Lessee of the Subject Property;
c. To enter upon any lease premises at reasonable times for the purpose of making inspections
to determine compliance with these minimum standards, fire codes, building codes or any covenant or condition of any contract or lease, including this lease;
d. 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 or other structure on the Airport which, in the opinion of the City, would limit the usefulness of the Airport or constitute a hazard to aircraft;
e. To close the Airport
or any of the facilities thereon for maintenance, improvement, safety or other public use; and
f. To devote exclusive use of the Airport to emergency aircraft operations, including,
but not limited to, fire suppression activities and medical operations.
13. Term, and Renewal. The initial term of this lease shall be for 20 years, commencing at 12:01 AM., on
, until 11:59 PM on . This Lease may be renewed for up to four (4) additional five (5) year terms, not to exceed 40 total years for initial term and additional terms,
for so long as the rent and other conditions of the Lease are faithfully adhered to, and subject to adjustment of rent provided herein. If Lessee determines they wish to renew this
Lease, it shall give notice of that fact during the last six months of the expiring term.
14. Rent. Rent shall be payable annually in advance on October 1 of each year, initially
in the amount of .12 cents per square foot for bare ground, presently X0 square feet, plus .23 cents for land covered by above-ground Improvements, presently x0 square feet; initially
this sum totals $xy,zyc.00 per annum. The first year’s rent is due and payable in advance upon execution of this lease pro-rated to October 1. City Council Resolution 00-05, as the
same may be amended or replaced from time to time, governs rental rates and rate adjustments; the current version is attached as Exhibit E. The rent will be adjusted annually effective
October 1 and according the
percentage increase of the Consumer Price Index (Bureau of Labor Statistics) using the Western Urban for the twelve calendar months prior to and including the month of August.
Prior
to or at the same time as issuance of a building permit, and annually thereafter, pro-rated rent for covered land shall be paid with respect to the land to be covered by above-ground
Leasehold Improvements with respect to which the permit is issued.
15. Taxes, Assessments, Fees. Lessee shall, upon completion of construction of any Leasehold Improvements, enroll
the Improvements and taxable personal property on the tax rolls of Valley County. Lessee shall pay, before they become delinquent, all taxes, assessments and fees assessed or levied
upon Lessee or the Subject Property or any interest therein, including, but not limited to buildings, structures, fixtures, equipment or other property installed or constructed on it.
Lessee further agrees not to allow any such tax, assessment or fee to become a lien against the Subject Property or any improvement on it. Nothing herein contained shall be deemed to
prevent or prohibit the Lessee from contesting the validity or amount of any such tax assessment or fee in the timely manner authorized by law, but in no event may Lessee permit any
such process to go to a foreclosure upon Subject Property or any interest in it or in any Improvement.
16. Utilities and Services. Lessee shall order, obtain and pay for all utilities
and services supplied to the Subject Property, and shall pay all services and installation charges in connection therewith, including but not limited to electrical power, water, sewer,
garbage, gas and telephone services, including water and sewer connection and service charges. Lessee agrees to extend sewer at its own expense to the connection to Airport’s dry line
near taxiway “A” and to pay for its proportionate share of the cost to extend this line under the runway to the main McCall sewer line. The TTF agreement can not be considered executed
until there is a mechanism in place to construct and pay for this extension and connection. The City of McCall makes no warrants that there is money or permission available to complete
the sewer project. In the event City and lessee agree to have the City of McCall provide snow removal on its TTF property, lessee shall pay for these services as adopted by City of
McCall
17. Construction. Installation, erection and construction of Improvements shall be at Lessee's sole cost and expense and according to Drawings and Specifications and Schedules
submitted to and approved by City prior to commencement of construction. Private hangars shall be constructed according to the aesthetic design standards of the City; thus color, shape,
architectural features, and other aesthetic issues may be controlled by the City. Drawings must accurately depict and describe all Leasehold Improvements proposed. All construction
on the airport will conform to the City's current Airport Master Plan as approved by the Federal Aviation Administration. All Drawings and Specifications must conform to the Building,
Fire, and Fire Protection Codes and Regulations in effect in McCall, including but not limited to those set out in the McCall City Code. No Drawings and Specifications shall be submitted
for a building permit as required by the McCall City Code, until the same have been reviewed and approved in writing for Airport purposes by the Airport Manger, who shall first seek
the advice of the Airport Advisory Committee and approvals by applicable Federal agencies. Airport Manager approved Drawings and Specifications shall be placed on file with the City
Building Inspector long enough for such Building Inspector to determine that the Drawings submitted to the Building Inspector are the same as those approved by the Airport Manager.
Lessee shall make substantial progress toward construction of the buildings and physical facilities anticipated by the Lessee within twelve (12) calendar months after execution of this
Lease. “Execution of this lease” shall mean the date signed by the City. Completion and occupancy of the structures must occur within twenty-four (24) months after the date of execution
of this Lease. Failure to achieve either substantial progress or completion shall constitute cause for the City to cancel this Lease or to extend the completion dates for construction.
18.
Construction Indemnification. Lessee shall at all times indemnify and save City harmless from all claims for labor or materials, and/or other construction liens, in connection with
construction, repair, alteration, replacement, or installation of structures, improvements, equipment or facilities
within the Subject Property, and from the cost of defending against such claims, including attorneys' fees. In the event a lien is imposed or purportedly imposed upon the Subject Property
as a result of such construction, repair, alteration, or installation, Lessee shall procure and record a bond which frees the Subject Property from the claim of the lien and from any
action brought to foreclose the lien. Should Lessee fail to procure and record said bond within thirty (30) days after filing of such a lien, this Lease shall be in default and shall
be subject to immediate termination and possession by City.
19. Ownership of Tenant Personal Property. Title to personal property placed on Subject Property by Lessee shall at all
times during the term of this Lease or any extension of this Lease remain in Lessee, and Lessee shall have the right at any time to remove any or all personal property of every kind
and nature whatsoever which Lessee may have placed, brought and/or installed upon the Subject Property.
20. Leasehold Improvements. In this Lease the term "Leasehold Improvements”
means all buildings (including but not limited to hangars) and/or improvements, whether or not permanently attached or affixed to the Subject Property
21. Repairs. Lessee shall repair
damages (excluding normal wear and tear) to the Airport and/or the Subject Property which damages are the result of the Lessee's actions or the actions of any invitee of Lessee making
use of Subject Property. Repairs shall be completed within thirty (30) days of the date any such damage is incurred. In the event that Lessee cannot reasonably repair such damage within
thirty (30) days, Lessee shall provide prior written notice and permission to the City from the Airport Manager. Such an extension shall not be unreasonably withheld, although the City
may condition such extension upon the furnishing of collateral for the promise to repair in the form of a bond, cash escrow, or other arrangement acceptable to the Airport Manager.
22.
Indemnity. Lessee agrees to indemnify and hold harmless the City during the term of this Lease from any and all losses, actions or judgments for damages from any and all claims made
by a third party against the City arising out of the negligence or other acts of the Lessee or Lessee's invitees in their use of the Subject Property.
23. Insurance. Lessee shall
carry at all times during the term of this Lease fire and extended insurance coverage, including also against water damage as an indirect result of fire, and including a provision for
debris cleanup, in an amount not less than ninety percent (90%) of the full replacement value of Leasehold Improvements;
(a) Public liability insurance coverage for a total amount
of not less than $1,000,000.00Combined Single Limit for bodily injury and property damage. A current certificate of insurance evidencing compliance and naming City as an "Additional
Insured" shall be maintained with the City at all times during the term of lease. The limits of insurance shall not be deemed a limitation of Lessee's covenants to indemnify or hold
harmless City as set forth above; and
(b) Public liability insurance on all aircraft owned, leased or controlled by Lessee with a Combined Single Limit for a total amount of not less
than $1,000,000. These minimum limits may be increased by State law or the City during the term of this Lease or upon any renewal of this Lease. Each policy of insurance shall contain
the full substance of the following clause: "It is agreed that this policy shall not be canceled nor the coverage reduced until thirty (30) days after the City of McCall shall have received
written notice of such cancellation or reduction. The notice shall be sent by certified or registered mail and shall be deemed effective the date delivered to the City of McCall, as
evidenced by a properly validated return receipt."
24. Termination by Lessor for Cause. Should the Lessee fail to comply with any obligation in this Lease, the City may terminate
this Lease with twenty (20) days written notice. Any breach of the terms of this Lease must be cured within that twenty (20) day period or the Lease is deemed terminated and the City
takes possession of the Subject Property and improvements as described herein and as allowed by law.
25. Termination by Lessee for Cause. This Lease may be terminated by Lessee as follows: The permanent abandonment of the Airport as a public and/or general and/or commercial air
facility and/or as a facility in substantially the present or larger size and/or substantially the present or more extensive use.
26. Holding Over. In the event Lessee holds over
after the expiration of the Lease or of any renewal of this Lease, such holding over shall be deemed to be a tenancy from month to month subject to conditions established by the Airport
Manager, including but not limited to, an increase in the rental rate.
27. Abandonment. If Lessee abandons the Subject Property or is dispossessed by third parties by process of
law or otherwise, the City may terminate this Lease; and Lessee shall not be entitled to the return of prepaid rent under this Lease. This shall cause the cancellation of any and all
TTF rights to access the airport.
28. Right of First Refusal. Upon the expiration or termination of this Lease or of any renewal of this Lease, the City shall have the first right
of refusal to purchase or accept transfer of Leasehold Improvements, and may transfer this right of first refusal to a new lessee. Under such circumstances, Lessee, and any person proposing
to sell or transfer such improvements by or through or under Lessee, shall first give notice to City advising of the proposed sale or transfer, and its terms; and City shall have ninety
days following receipt of such notice to complete a purchase or receive a transfer upon the identical terms.
29. Legal Proceedings. If any legal action or proceeding related to this
Lease is begun by any party to this Lease, the City of McCall shall be entitled to recover its costs, damages, and expenses, including commercially reasonable attorneys fees and witness
and expert witness fees, incurred in prosecuting or defending the same, whether or not such action or proceeding is litigated or prosecuted to judgment.
30. Governing Law. This
Lease is governed by the law of Idaho, Valley County, and City of McCall, Idaho is the proper venue.
31. Headings. The headings of paragraphs and articles of this Lease are provided
as a guide to the reader, and shall not in any way affect the meaning or interpretation of this Lease.
32. Time of the Essence. Time is of the essence with respect to the obligations
of the parties under this Lease.
33. No Election of Default Remedies. In the event of any default under this Lease, the City of McCall shall be entitled to all rights, powers and
remedies available at law or in equity, including, without limitation, specific performance, damages and equitable relief, and/or resort to any security. Any rights, powers and remedies
stated in this Lease, or now or hereafter existing in law, at equity, by statute, or otherwise are cumulative and concurrent, and shall each be in addition to, and not in lieu of, all
the others. The exercise or the beginning of the exercise or the forbearance of exercise by any party of any one or more of such rights, powers and remedies shall not preclude the simultaneous
or subsequent exercise by such party of any or all of such other rights, powers and remedies.
34. No Waiver of Rights. The neglect of the City to enforce its rights, powers or remedies
at any particular times or upon any particular occurrences shall not preclude resort to those rights, powers or remedies at any other time or with respect to any other occurrences. Any
waiver of any right, power or remedy must be done in a writing executed by the party to be charged with such waiver, and executed with no fewer or different formalities and approvals
than were attendant upon execution of this Lease. Any waiver of a breach of a covenant, term or condition of this Lease shall not be deemed a waiver of any other breach of the same or
any other covenant, term or condition
of this Lease. Acceptance of overdue performance of a covenant, term or condition of this Lease shall not constitute a waiver of the breach existing prior to the performance, unless
so agreed in writing by the recipient of the performance.
35. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, terrorist acts, acts of
war, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental restrictions, governmental regulations, government controls, enemy or hostile
government action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance by such party
for a period equal to any such prevention, delay or stoppage; provided, however, that this clause shall not bar resort by City to any security applicable to the furnishing of such performance
under circumstances in which City acting to obtain alternative performance would not be subject to such force majeure. The term "governmental restrictions, governmental regulations,
government controls, ... [and] hostile government action" shall not be construed to have any reference to City enforcing this Lease or any other agreement between the City and any other
party, nor the City enforcing the City Code or other applicable law, nor any other government enforcing an agreement with a party or the conditions on the issuance of its permit(s) issued
to a party.
36. Counterpart Execution. This Lease may be executed in any number of counterparts. No single counterpart need be signed by all parties to this Lease; so long as each
party hereto has executed at least one such counterpart, this Lease shall be considered fully executed. Each such counterpart shall be deemed to be an original instrument; and all such
counterparts together shall constitute but one agreement. Facsimile signatures are deemed to have the same legal weight as original signatures.
37. Burden and Benefit; Assignment.
This Lease shall bind and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. Lessee shall neither assign this Lease, nor sublet
or rent all or any part of Subject Property, without the written consent of the City, and the approval of FAA, which consent shall not be unreasonably withheld; that consent will, however,
be conditioned upon an increase of rents to the then current City published lease rates for the Airport.
38. Integration. All exhibits and other attachments, if any, to this Lease
are a part of this Lease, as if set out again in this Lease. This Lease constitutes the entire Lease between and among the parties as to the matter set out in it, and all prior negotiations
and discussions, memoranda, correspondence, and communications are merged into and extinguished by this Lease; provided, however, that nothing in this Lease shall be held to merge into
this Lease any other written document described in this Lease, nor any Subdivision or Development Agreement among any of the parties, unless this Lease expressly identifies such other
written document or agreement and states that this Lease supersedes such other document or agreement.
39. Counsel and Interpretation. All parties to this Lease have been represented
by legal counsel at all stages of the negotiations for and the preparation of this Lease, including during the proceedings relating to the approval and the conditions of approval of
any project or development which approval or conditions gave rise to this Lease; accordingly, in all cases, the language of this Lease will be construed simply, according to its fair
meaning, and not strictly for or against any party.
40. Notice. Notices between the parties may be made by personal delivery or by United States mail, postage pre-paid, registered
or certified, with return receipt requested, or by telegram, facsimile transmission or mail-o-gram or by recognized courier delivery (e. g. Federal Express, UPS, DHL, etc.) addressed
to the parties, as the case may be, at the address set forth below or at such other addresses as the parties may subsequently designate by written notice given in the manner provided
in this section. The parties are required to provide any change of address to each other.
To City: With a copy to:
City Manager Airport Manager
City of McCall City of McCall 216 E. Part Street 216 E. Park Street
McCall Idaho, 83638 McCall Idaho,
83638
208/634-7142 208/634-1488
208/634-3038 (facsimile) 208/634-3038 (facsimile)
To Lessee: With a copy to:
Dated: __________________
City of McCall
by: ________________________
Mayor
Hangar
Attest: __________________
Deputy City Clerk
________________________
State
of Idaho )
) ss.
County of Valley )
On this _____of _______, in the year 200__, before me, ___________
________________, notary public, personally appeared _________________,
known or identified
to me to be the person whose name is subscribed to the within instrument, and acknowledge to me that he executed the same.
____________________________
Notary
Public for Idaho
Residing at: __________________
State of Idaho )
) ss.
County of Valley )
On this __________ day of ________, in the year 200_, before me, __________________
_________
______, notary public, personally appeared ____________________________, known or
identified to me to be the Mayor of the City of McCall that executed the said instrument, and
acknowledged
to me that such City of McCall executed the same.
___________________________
Notary Public for Idaho
Residing at: _________________
My commission expires:________