HomeMy Public PortalAboutAB 04-140 attch - General Aviation LeaseMcCall MUNICIPAL AIRPORT
GENERAL AVIATION LEASE
This Lease is made August 26, 2004, by and between the City of McCall, an Idaho municipal corporation (called "City" in the rest of
this Lease) as Lessor, and Michael Anderson, (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 "McCall Municipal Airport Tenant Lease" together with the legal description and drawing of the Subject Property, Exhibit "A;" City of McCall,
Resolution 00-05, Exhibit “B ”Special Additional Terms, if any, Exhibit "C”, and " Minimum Standards For Commercial Operations and Private Users, Exhibit "D.
Background
1.
City is the owner in fee simple of the land described and ("Subject Property"),on Exhibit "A" , and holds it 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 Subject Property exclusively and the Airport
non-exclusively for aviation-related activities;
2. 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; and,
3. Uses of the Airport must be compatible with the provision of safe air transportation, be compatible with aircraft
ground activity, not devote Airport land 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 property described on Exhibit "A," called "Subject
Property" in the rest of this Lease, together with the right of ingress and egress as provided below in paragraph 6.
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 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, according to the specific use provisions of the City's standard form lease for Fixed Base
Operators, available to
Lessee for inspection at City Hall.
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, 65.5 feet from centerline of taxiway "A" “E”
and "C" while Lessee's aircraft is being operated, or at a parking area off of the aircraft ramps designated by the Airport Manager. 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-Effectuation 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 June 6, 2002, until 11:59 PM on June 5, 2022. This Lease may be renewed for up to four
(4) additional five (5) year 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 .111 cents per square foot for bare ground, presently 4125 square feet, plus .222 cents for land covered by above-ground Leasehold
Improvements, presently 3000 square feet; initially this sum totals $1122.87 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 Leasehold 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 Leasehold 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. In those locations where sewer is not yet available, such charges shall nevertheless be paid, both for hook-up and
monthly, Lessee shall install a holding tank to Central District Health standards at Lessee's expense, City will provide for the pumping of such tank, Lessee will provide a stub out
for subsequent connection to sewer, and City will provide physical sewer when an if available to the lot. City does not deliberately remove snow on any portion of Subject Property, nor
from any apron area in front of Subject Property which is commonly primarily used by Lessee. Lessee shall arrange for and pay for removal of snow from Subject Property and such apron
area, and shall not place any such snow on any improved property of the Airport nor in any place obstructing pilot views of the aprons, runways and taxiways, or in any area where snow
storage is otherwise in violation of Federal or local regulation, or in violation of directions of the Airport Manager. In the event the City elects to provide utilities or any other
service to the Subject Property, Lessee agrees to pay for such services provided by the City to the Subject Property, i.e., snow removal.
17. Construction. Installation, erection
and construction of Leasehold 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 advise 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. Lessee shall have said
right to remove same at any time provided, that, upon any
such removal of fixtures, Lessee shall repair, at his own expense, any damage resulting therefrom and leave the Subject Property in a clean and neat condition. Lessee shall remove all
personal property within 30 days of the end of this Lease or of any renewal of this Lease, or within 30 days after the termination of this Lease for any reason. Personal property, including
fixtures, left on Subject Property after such time, becomes the property of the City and may be disposed of by the City as allowed by law.
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,
placed and/or built and/or constructed on the Subject Property during the term of this Lease by the Lessee, or placed thereon by Lessee from a prior lessee who had the right to sell
them to Lessee. At all times during the lease term, ownership of Leasehold Improvements remains with the Lessee, and Lessee shall have the right to remove and sell any and all such Leasehold
Improvements, subject to the terms of this Lease. Upon expiration or termination of this Lease or any renewal thereof, Leasehold Improvements shall become the property of the City unless
the Lessee, not more than fifteen (15) days after expiration or termination of this Lease, provides written notice to City that Lessee intends to remove such Leasehold Improvements within
thirty (30) days of expiration or termination. Such notice shall indicate whether Lessee intends to remove a building by demolition, and City may in the discretion of the Airport Manager
direct that the building and such fixtures on Subject Property not be removed. Should the Lessee require a longer time to remove Leasehold Improvements, it shall request a specific amount
of additional time in writing from the Airport Manager. Such an extension shall not be unreasonably withheld, although City may condition such extension upon the furnishing of collateral
for the promise to remove in the form of a bond, cash escrow, or other arrangement acceptable to the Airport Manager and the City Attorney. All Leasehold Improvements not removed pursuant
to the terms of this Lease become the sole property of the City.
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 $500,000.00Combined 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:
(a) 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.
(b)
The assumption by the United States Government, or by any authorized agency of the United States, of this Lease, or of the operation, control or use of the Airport, or of any substantial
part or parts of the Subject Property, in such a manner as substantially restrict Lessee from operating in a reasonable manner, for a period of more than 120 days. The use of the Airport
by the United States Forest Service or the Boise Interagency Fire Center, or like agency, during fire season shall not be considered a substantial restriction.
(c) Issuance by any
Court of competent jurisdiction of any injunction in any way preventing or restraining the use of the Airport, and the remaining in force of such injunction for a period more than 120
days.
(d) Any other reason and/or cause which is beyond the reasonable control of Lessee which in any way substantially restricts the present type of use of the Airport for a period
of more than 120 days. The use of the Airport by the United States Forest Service or the Boise Interagency Fire Center, or like agency, during fire season shall not be considered such
a substantial restriction.
(e) The default by City in the performance of any covenant or agreement required in this Lease to be performed by City, and the failure of City to remedy
such default for a period of 60 days after receipt from Lessee of written notice to remedy the same, or if the failure could only be reasonably remedied in a period of time exceeding
60 days, failure within such 60 days to undertake reasonable steps to begin such cure or failure thereafter diligently to pursue the cure to completion within a reasonable time. Lessee
shall provide written notice to City of Lessee's intent to terminate, and this Lease shall terminate as of the date or upon the lapse of time as above provided, as the case may be. Rentals
and fees due hereunder shall be payable only to the date of valid termination by Lessee, and all obligations of any kind or nature of Lessee under this Lease shall end upon such a valid
termination.
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. Any real or personal property belonging to Lessee and left on the Subject Property upon abandonment or dispossession shall be deemed to have been transferred to
City. City shall have the right to remove and dispose of such property without liability therefor to Lessee, or to dispose of it to any person claiming under Lessee, or may transfer
it to a new lessee, or may simply dispose of it as solid waste; and City shall have no need to account therefor.
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
prevailing party 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. The prevailing party will be that party who was awarded judgment as a result of
trial or arbitration, unless the dispute was only as to the amount of a claim conceded to exist, in which case the finder of fact shall determine the identity of the prevailing party.
30.
Governing Law. This Lease is governed by the law of Idaho, and Valley County, 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 non-defaulting party 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, 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:
Mr. Anderson
P.O. Box 2550
McCall, ID 83638
Dated: __________________
________________________
Michael Anderson
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: __________________
City
of McCall
by: ________________________
Kirk Eimers, Mayor
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:_______
Hangar
Attest: __________________
Deputy City Clerk