SAUK CENTRE CTY COUNCL REGULAR MEETNG WEDNESDAY, SEPTEMBER 21, 2011 6:30 P.M. AGENDA 1, Call to Order /Roll Call /Pledge of Allegance 2. Approval of Agenda 3. Approval of Mnutes ( p. 1-7) a. September 7, 2011 Regular Meetng 4. Publc Open Forum (Comments Lmted to 3 Mnutes) 5. Publc earngs 6. Reports /Presentatons a. Beyond the Ye11ow Rbbon Lt. Adam Kedrowsk (p. 8) b. Polce Department Monthly Reports, Polce Chef (p. 9-13) c. Arport Commsson Report, Cty Admnstrator (p. 14-15) 7. Acton tems a. Approve Amendments to Lease Agreement FBO (p. 16-24) b. Approve Amendments to Lease Agreements Hangars ( p. 25-30) c, Resoluton 2011-58 Declarng Vehcles Excess and Authorzng For Sale ( p. 31-32) d. Resoluton 2011-59 Callng Excess Prncpal on Orgnal 2003C. Hosptal Bond(p. 33-38) 8. Unfnshed Busness ( p. 39) a. Update on Momngvew Park Sprnkler System b. Publc Works Staff Restructurng Update c. Update 4"' Street Storm Water Project 9. New Busness 10, Consent Agenda (p. 40-45) a. Schedule of Clams b. Lst of Checks c. Applcaton for Exempt Permt Knghts of Columbus 4863 d. Applcaton for Exempt Pen nt vy" Rose March of Dmes 11. nformatonal tems ( p. 46-52) a. Remnder Clean Up Day September 23-24 b. SCML Stearns ( County Muncpal League) October 18, 2011 c. EDA Revolvng Loan 12. Adj oununent 1.
SAUK CENTRE CTY COUNCL REGULAR MEETNG WEDNESDAY, SEPTEMBER 7, 2011 L CALL TO ORDER/ ROLL CALL/ PLEDGE OF ALLEGANCE. The Sauk Centre Cty Councl met n a Regular Meetng on Wednesday, September 7, 2011 at 6:30 p.m. n the Cty Hall Councl Chambers pursuant to due notce beng gven thereof. Present were Mayor Denns Rykken, Councl Members Warren Stone, Keth Johnson, Mchael Olson and Al Coenen. Also present were Cty Admnstrator Vck Wller, Cty Planner Sarah Morton, Cty Engneer Keth Yapp and Admnstratve Assstant Nck Vogt. Mayor Rykken presded thereat. 2. APPROVAL OF AGENDA The agenda was approved by general consent wth addtons. 3. APPROVAL OF MNUTES The August 17, 2011 Regular Meetng Mnutes were approved as presented by general consent. 4. PUBLC OPEN FORUM Gunther Austn Sauk Centre. Mr. Austn stated that he read an artcle n the Star Trbune statng that the legslature rased property taxes.by 4.2% and got r_d. of the Senor Tax Credt. He asked that ths be kept n mnd when adoptmg`the budget. 5. PUBLC HEARNGS None, 6. REPORTS/ PRESENTATONS a. The Park Board September:6 2011 and dscussed the followng: Park:Rental Report A majorty-of the parks saw an ncrease n rentals, ncludng the Bath.House n Snclar Lews Park. Approval to ;advertse for:: Ele fgure skatng program whch starts on October 30, 2011. Approval to allow seasonal campers to sgn lease agreements at the end of the campng season. The Board formed a Tree Commttee, ncludng Councl Member Olson, whch wll cone :up wth a plan for replacement of trees n Snclar Lews Park. Staff wll solct quotes for nstallng addtonal outlets n Snclar Lews Park. Research wll begn on a splash pad n Sauk Centre, ncludng locaton, etc. Recommendaton for Councl to retan a tax forfet lot for the creaton of a sleddng hll. See 7g. Cty Admnstrator Wller roted that she just obtaned a report from the Summer Rec. Program. Hstorcally, the Cty budgets $9,000 towards ths program whch s 23% of the program feldng. At the August Board meetng, the Park Board recommended budgetng 5,000 for the 2012 Summer Rec. season. t P.1 Page 1
b. The EDA met n a Specal Meetng on Wednesday, August 3, 2011 to consder a request by Vctr Vllage to work wth them on a grant applcaton from the Blandn Foundaton for a Lght Speed Grant to nstall technology to provde for dstant learnng opportuntes. The EDA agreed to consder a Revolvng Loan as a match f Vctr Vllage s successful n obtanng the Grant. The Grant s for $50,000. f Vctr Vllage s selected to move forward, formal acton wll come before the EDA and Councl at that tme. G. The CVB met on August 31, 2011 where Keth Johnson was welcomed as the new representatve from the Cty. Acton tems ncluded: Approved advertsng for a part tme Ekecutve Drector. Formed a Commttee to revew applcatons., Approved advertsng n Explore MN Magazne, Elected Evy Schllng as Presdent and Keth Johs.on as Vce Presdent. Approved payment of Septem'b, er Admn Servces, Rent and Webste to the Chamber of Commerce. Receved fnancal report of Year to date revenues and balances. d. Admnstrator Wller' attended a meetng<on Stearns County EOC on August 4 conducted by FEMA regardng the applcaton beng ;prepared for submttal. Addtonal detal was'grven.on rembursable expenses and what substantaton s needed for thereques. t. f the a?plcator` s successful, t wll be funded 75% federal and 25% representatve wll be 'n the " communty n the next few weeks to fnalze the Admmrstrator Wller 'stated that they are watng to repar the Sauk Centre bllboard untl the nsurance provdes ther approval. The plan s to modernze, f fnancally feasble. 7. ACTON TEMS a. & b. Ths acton s'carred over from the July 6"' meetng where the Councl heard a report from the Sauk Rver Watershed Dstrct on a contnuance of the Shorelne Restoraton Project at Snclar Lews Park. From Pror Meetng) The Cty share of ths project s for the labor for nstallaton of the splt ral fence. The overall cost of the project s ncludng labor and materal s S6,500. 00. The Water -shed s proposng a $4,875. 00 Grant. The Co A)ould contrbute $1, 625.00 n "n- knd" labor fog the fence nstallaton. Page 2 P.2
The cty agree to the Shorelne Restoraton Project for ten })ears durng 111)hch tme t s proposed that the CtJ) enter nto a Mantenance Agreement wth the Watershed Dstrct for mantenance. The Park Boardfelt that f the Cty does ths project that they should also enter that contract. (See 7b). The Park Board s recommendng that the Councl enter nto the agreement. At the concluson of the meetng, the Cty Councl tabled acton pendng a revew by Sault Rver Watershed on the possblty of allowng for an ;excepton of some property for a future bench area. At the July 6"' meetng the Councl dscussed an ongong Mantenance Contract wth the Sauk Rver Watershed for mantenance of the restoraton,project From pr0r meetng) Ths Agreement provdes,for the ongong. mantenance of the Shorelne Restoraton Project. The cost for the Agreement T ll, vary accordng to the amount of tme spent by YTjatershed staff. The total., cost has a Not to Exceed (NTE) fgure of $2, 480 for years and 2 and $1,680 for years 3 through.l0. The mantenance wll also nclude the use of volunteers ncludng,, studernts and 11laster Gardeners. Ths would be an tem that Budget The Park,Board s re.cornmendng Acton was tabled Board. s; -> ao. recon ement be approved. each year wthn the Park NTE numbers each year and the Watershed t was dscussed that the annual costs be A moton was made by Councl Member Stone and was seconded by Councl Member Jolls'6n. to remove the fence from the Agreement. A vote beng recorded as follows: For Councl Members Stone, Johnson, Coenen, Olson and Mayor Rykken. Aganst: None. The moton passed. A moton was made by Councl Members Johnson and was seconded by Councl Member Stone not to enter nto the Shorelne Restoraton Project wth the Sauk Rver Watershed Dstrct. A vote beng recorded as follows: For: Councl Members Joluson, Stone, Olson and Coenen. Aganst: none. Abstan: Mayor Rylccen. The moton passed. c. The Cty Councl met on August 29 n a workshop sesson to revew the 2012 proposed revenue and expense budgets for the Cty. Followng that meetng, staff dscussed addtonal reductons that could be acheved. The revsed expense budget presented Page 3 P,3
represents an overall expense budget for the Cty of 857.37 $7,715, whch s a decrease of 15,770. 92 from the 2011 expense budget. The Revenue Budget totals $7,947, 617.10 and ncludes a levy of $1,532, 224.84 whch s an ncrease of2% from 2011. The General Fund Expense Budget of 594.46 $2,551, as proposed s $20,329. 62 short of beng a balanced budget (revenues = expenses). Cty Admnstrator Wller s confdent that number can be elmnated as staff and the Councl contnue to fne tune numbers through the end of the year. Ths budget wll contnue to be a work n progress -untl the fnal adopton at the December meetng. The only constant s the levy whch camlot'be ncreased but can be decreased at that tme. Councl Member Olson ntroduced Resoluton No., 2011-51, Resoluton., Prelmnary 2012 Expense and Revenue Budgets forthe Cty of Sauk `C'' entre. moton was seconded by Councl Member Johnson. A vote beng recorded as follows: For: Councl Members Olson, Johnson, Stone ahd. vlayor -, Rykken. Aganst: Councl Member Coenen. The moton passed. d The proposed tax levy for 2012 has been rncz;eased by 2% as proposed at the workshop meetng. The ncrease s $30,082. 84 Councl Member Stone ntroduced Resoluton No. 201`1-52, Adoptng Prelmnary 2011 Property Tax Levy, Collectble n 2012.` The moton was seconded by Councl Member Olson. A vole; beng recorded by as follows: For: Councl Members Stone, Olson, Johnson and Mayor Rykker^ Aganst: Councl Member Coenen. The moton passed. z The C. As a partsof tl e notce proces% he Cty tradtonally holds a publc meetng n December to present the fnal budget to the publc and receve nput, comments and questons. The regular meetng:' s on December 7"' where t s recommended that the budget be dscussed ",.a publc format at that tme. Councl `Member Johnson ntroduced Resoluton. No. 2011-53, Resoluton Settng Publc Meetng.' The.moton VVas seconded by Councl member Stone. A vote beng recorded as follows: For Councl members Jolulson, Stone, Olson, Coenen and Mayor Rykken. Aganst: None:.The moton passed. f. Accordng to the Polcy of the Cty and the Ambulance Servce, EMTs are afforded the opportunty to advance n run tme - pay commensurate wth years of servce, patent contact and demonstraton of leadershp. Joyce Hunstger has recently been revewed and s recommended for advancement to the next EMT pay step for 10 years of servce as of September 10, 2011 (from $13.52 to 14.79). Page 4 P.4
A moton was made by Councl Member Olson and was seconded by Councl Member Coenen to approve the step ncrease to $14.79 per run tme hour for Joyce Hunstger on September 10, 2011. A vote beng recorded as follows: For: Councl Members Olson, Coenen, Stone, Johnson and Mayor Ryklcen. Aganst: None. The moton passed. g. The Cty has receved a request from Stearns County to approve the classfcaton of two parcels that are currently tax - forfeted as non - conservaton. Ths wll then allow the County to put the land up for sale on a publc aucton. 1. 94.57882. 0000 Home located at 926 Snclar Lews Avenue. 2. 94.58671. 0000 Brch St. and Ash St. Vacant land located on the south sde of 2` Street North between The Park Board revewed the vacant land at ts September 6th' meetng and are recommendng that the Councl not offer #2 for ' publc sale and retan. t for a potental sleddng hll as t adjacent to the publc works faclty and outdoor warmng house. n addton, the parcel has a drop off from the road sde and has consderable concrete debrs, etc. Contact has been made wth Stearns County Envronmental Servces regardng clean -up of the ste. A moton was made by Councl member 'Stone and was seconded by Councl Member Olson to approve the re- classfcaton of... Parcel d :at 926 Snclar Lews Avenue North to Non - Conservaton to allow for sale by publc aucton and to retan 42 for a potental sleddng hll. A vote beng recorded as :follows: For: Councl Members Stone, Olson, Coenen, Joluson and Mayor.Rykken. Aganst: None. The moton passed. h. As a part of the ntegraton wth Centzacare; certan Hosptal Bonds currently held are proposed to be pad'wthfunds on hand : The bonds proposed to be pad nclude 2002B, 209p 2,0; 0.5B. The total amount tò' call to pay the bonds s $1,314, 046.22. A was made `by Councl :Member Olson and was seconded by Councl Member 1! Stone to approve Resoluton.No.'s 2011-54 Callng Hosptal Bond 2002B, 2011-56 CallngHosptal Bond2003C and 2011-57 Callng Hosptal Bond 2005B. A vote beng recorded as follows: For: Councl members Olson, Stone, Coenen and Mayor Rykken. Aganst None. Abstan: Councl Member Joluson. The moton passed.. Prevous Mayor Brad Krckof served as a volunteer on the Sauk Centre Beyond the Yellow Rbbon Commttee. The Commttee s workng to desgnate Sauk Centre as a Beyond the Yellow Rbbon Communty, The Commttee s seekng a new Cty representatve to serve. The meetng date s the 3' Thursday of the month at 5:00 p.m. A moton was made by Councl Member Johnson and was seconded by Councl Member Olson to appont Councl Member Stone to serve as the Cty Representatve on the Page 5 P.5
Beyond the Yellow Rbbon Commttee. A vote beng recorded as follows: For: Councl Members Johnson, Olson, Stone, Coenen and Mayor Ryldcen. Aganst: None. The moton passed. 8. UNFNSHED BUSNESS None. 9. NEW BUSNESS None. 10. CONSENT AGENDA The Councl consdered the followng consent agenda tems: a. Schedule of Clams total of unpad clams: $1,991 76.and pad clams of 10 $118,498. for a total of 86. $120,489. b. Resoluton No. 2011-55, Resoluton Acceptng Contrbuton. Men's Card Playng Group $ 190.00 Senor Center Alan saacson $ 100.00 Senor Center Kathleen Seben $ 2,0. 00 Senor Center Lyndon & Kay saacson $ 1' 00" 00 Senor Center C. Request from Tna Rohde DBA Mtstang Bar for 'a Temporary Extenson of Premse Permt for a Customer Apprecaton Evert on Frday, September 9 through Saturday, September 10.2012 fom 7 ;Q0 P. to :30 a.m. both nghts. A moton was made by Councl Member Stone and,'_-' was seconded by Councl Member Olson to approve the Consent Agenda as' preserted A vote beng recorded as follows: For: Councl Members Stone`; Olson Coenen, :Johnson and` ' Mayor Ryldcen. Aganst: passed f "` r, None. The moton Mayor Ryldcen thanked the`- Men's - Card Playng Group, Alan saacson, Kathleen Seben and Lyndon & Kay,saacson for ther contrbutons. 11. NFORMATON TEMS a. The League of MN` Annual Regonal Meetngs are scheduled n varous locatons ths fall. Councl and staff are nvted to attend. Cost s covered by the Cty. b. The Local Board of Appeal and Equalzaton Tranng s scheduled for Wednesday, November 9"' from 6:30 p.m. to 9:30 p.m. for any Councl Members that need to be traned. C. The Ctywde Scrap Metal Clean -Up day s September 23-24 at the Arena parkng lot. Hours are from 8:00 a.m. on Frday and 8:00 a.m. to noon on Saturday. Page 6 P.6
12. ADJOURNMENT A moton was made by Councl Member Stone and was seconded by Councl Member Johrlson to adjourn the meetng. A vote beng recorded s follows: For: Councl Members Stone, Johnson, Coenen, Olson and Mayor Rykken. Aganst: None. The moton passed. Wth no further busness to come before the Councl, Mayor Rylcken adjourned the meetng at 7:30 p.m. Respectfully submtted, Mayor Den ts Rykken L_! Page 7 P.7
Cty of Saak rzntre Staff Report Meetng Date: September 21, 2011 Subject: Agenda tem: Beyond the Yellow Rbbon 6a Descrpton /Summary Lt. Adam Kedrowsk of the Natonal Guard wll address the Cty Councl on the actvtes of the Beyond the Yellow Rbbon Campagn. The Steerng Commttee s seekng ndvduals nterested n servng on varous Commttees. Acton Requested: Acton Taken Moton: Second: P.8
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j Cty of Sauk Centre Staff Report Meetng Date: September 21, 2011 Subject: Agenda tem: Polce Department Monthly Report 6b Descrpton /Summary See attachments 6a - August 2011 Monthly Report. Acton Requested: Acton Taken: Moton: Second: J P.9
J Offense Descrpton UCR CodTotal Number 911 HANG UP 09837 2 ADMNSTRATVE CTATON 09099 6 ALARM - FALSE 09807 7 ALL OTHER MOVNG VOLATONS 09000 1 ANMAL COMPLANTS (ALL OTHERS) 09564 1 ASSST - MOTORST ASSST 09843 2 ASSST - PERSONAL ASSST 09732 14 ASSST BUSNESS 09866 3 ASSST MELROSE PD 09862 8 ASSST OTHER LAW ENFORCEMENT AGENCY 09878 2 ASSST POPE COUNTY 09871 1 ASSST STATE PATROL 09860 7 ASSST STEARNS COUNTY 09863 6 ASSST TODD COUNTY 09864 4 BURNNG VOLATON 09824 1 CARELESS DRVNG / RECKLESS DRVNG 09002 1 CHLD CUSTODY 09992 5 CTZEN CONTACT 09897 8 CVL MATTER 09831 3 CON SUB 5- POSSESS - METHAM -UNK DH5C0 1 DECEASED PERSON - BODY FOUND 09720 2 DOG - AT LARGE 09566 2 DOG-BARKNG 09565 4 DOG COMPLANTS 09562 4 DOG MPOUNDS 09563 4 DRVNG AFTER CANCELLATON 09206 1 DRVNG AFTER REVOCATON 09201 3 DRVNG AFTER SUSPENSON 09207 1 DRVNG COMPLANT 09839 6 DRUGS -DRUG PARAPH- POSSESS - UNK -UNK DC500 2 DRUGS -SMALL AMOUNT MARJUANA- POSESSOPD8540 1 ESC -GM -FLEE AN OFFCER E4700 1 FNGERPRNT 09849 3 FRE - ALL OTHERS 09600 1 FRE - SNGLE FAMLY 09601 1 GAS NO PAY (NON REPORTABLE) 09042 1 GUN - APPLCANT GUN PERMT (PURCHASE) 09903 1 HARASSMENT 09801 5 HT AND RUN / PROPERTY DAMAGE PRVATE PRO9455 2 HT AND RUN / PROPERTY DAMAGE VEHCLE 09450 1 LLEGAL DUMPNG 09996 1 NTOXCATED PERSON 09844 7 JUVENLE PROBLEM 09834 5 JUVENLE - ALCOHOL OFFENDER M3001 1 LQUOR- PROCURNG LQUOR FOR A MNOR M4106 1 MATTER OF NFORMATON 09970 18 MEDCAL CALL 09731 17 MSDEMEANOR WARRANT 09924 2 MOVE OVER LAW 09037 5 NO DRVER'S LCENSE N POSSESSON 09111 1 NO PROOF OF NSURANCE 09021 4 NO REPORT /PRVATE PROPERTY VEHCLE ACC1109426 1 NO VALD DRVER'S LCENSE 09113 3 NOSE (NO VOLATON) 09803 2 OPEN DOOR AND /OR WNDOW 09900 4 PAPER SERVCE 09904 2 PREDATORY OFFENDER /LEVEL1 /REG /COMP CHN09851 4 PREDATORY OFFENDER /NO LEVEL /REG /COMP C09850 3 PROP DAM- GM- PRPDMG -BUST- REDUCE VAL 501 P213K 1 PROP DAMAGE -GM- PRVATE - REDUCE VALU $25'.P21 A 1 PROP DAMAGE -MS- BUSNESS - REDUCE VALU 251P313C 1 PROP DAMAGE -MS- PRVATE - REDUCE VALU 250 P311C 1 P. 10 9/9/ 2011, Page 1
UK CENTRE A UGUST 2011 OFFED SES Offense_Descrpton UCR_CodTotal Number PROP DAMAGE -MS- PUBLC - REDUCE VALL 250 LP312C 1 PROPERTY DAMAGE VEHCLE ACCDENT 09440 5 PROPERTY FOUND 09313 8 PROPERTY LOST 09303 2 RECORDS REQUEST 09916 1 REQUEST FOR EXTRA PATROL 09998 2 RGHT OF WAY 09008 1 ROAD HAZARD 09836 1 SEMAPHORE VOLATON 09038 1 SPECAL DETAL 09829 1 SPEEDNG 09004 9 STALLED VEHCLE 09840 1 SUCDE 09700 1 SUCDE THREAT 09705 1 SUSPCOUS ACTVTY 09826 7 SUSPCOUS TEM 09798 1 SUSPCOUS PERSON 09870 2 SUSPCOUS PHONE CALL(S) 09795 2 SUSPCOUS SMELL 09799 1 SUSPCOUS VEHCLE 09868 4 THEFT -LESS 200 -MS- BULDNG -OTH PROP TG029 3 THEFT -LESS 200 -MS- BUSNESS FNDS -MONEY TG111 1 TRAF -AC -GM -2ND DEG DW -08 OR MORE -MV JEW01 1 TRAF -AC -GM -2ND DEG DW- REFUSAL TO TEST- NJER01 1 TRAF -AC -GM -2ND DEG DW -U ALCOHOL -MV JE501 2 TRAF -AC -GM -3RD DEG DW -08 OR MORE -ATV JFW04 1 TRAF -AC -GM -3RD DEG DW -08 OR MORE -MV JFW01 1 TRAF -AC -GM -3RD DEG DW -U ALCOHOL -MV JF501 1 TRAF -AC -GM -3RD DEG DW -U ALCOHOL -SM JF504 1 TRAFFC -GM -OTHER ACT -UNK NJ -MV J2901 1 TRANSPORT 09856 3 UNWANTED PERSON 09830 1 VERBAL WARNNG - ALL OTHERS 09045 170 VERBAL WARNNG - SEATBELT 09046 3 VERBAL WARNNG - SPEED 09043 74 VERBAL WARNNG - STOP SGN 09044 3 WARRANT /PAPER ATTEMPT 09999 4 WELFARE CHECK 09811 L 6 / - l P. 11 9/9/ 2011, Page 2
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Cty of Sauk Centre Staff Report Meetng Date: September 21, 2011 Subject: Agenda tem: Arport Board 6c Descrpton /Summary Arport Board to meet on Monday, September 19, 2011. Acton Requested: Acton Taken Moton: Second:
SAUK CENTRE ARPORT COMMSSON AGENDA MONDAY, SEPTEMBER 19, 2011 3:30 P.M. SAUK CENTRE ARPORT, A/D BULDNG 1. Call to Order /Roll Call 2. Approval of Agenda 3. Approval of Arport Commsson Mnutes (P. 1-2) a. July 25, 2011 Regular Meetng 4. Reports /Presentatons a. Publc Works Dept. Report (P. 3) 5. Acton tems a. 2012 Schurman Land Lease Agreement /Rates (P. 4-6) b. Renewal FBO Lease Agreement Central Planes ( P. 7-14) c. Lease Agreement Amendments /FBO nsurance Carrer (P. 15-16) d. Lease Agreement Amendments /Hangar nsurance Carrer (P. 17-22) e. 2012 Fee Schedule (P. 23) f. Short Term Rental Agreements ( P. 24) 6. Unfnshed Busness a. Commttee Report Promotonal deas Mke Olson (P. 25) 7. New Busness a. Annual CP Meetng October ( P. 26-30) 8. nformatonal tems a. CAPX 2020 Lne (P. 31) 9. Commsson Comments r 10. Adj ournment P.15
1 1 Cty of Sauk Centre Staff Report Meetng Date: September 21, 2011 r - 1 1 Subject: Agenda tem: Amendments to FBO Lease Agreement 7a C L' Descrpton /Summary The Arport Commsson s meetng and possbly actng on an nsurance Recommended amendment to the FBO (Fxed Base Operatons) Lease Agreement. Attached are a copy of the exstng Lease Agreement and the emal receved from the League of Mnnesota Ctes. Detals wll be dscussed at the Arport Commsson and brought to the Councl for consderaton. 1 Acton Requested: Approve Amendments to Lease Agreement for Fxed Base Operatons (FBO) Acton Taken Moton; Second: l r P.16
Erch Bullard l From: Smth, Chrs (CSmth @lmc.org) Sant: Thursday, May 12, 2011 3:23 PN To: Mngee, Pat Cc: Subect: Rch Bullard RE: Cty of Sauk Centre do not any partcular problems wth the agreements. However, do have a few comments. Paragraph 2 of the FBO agreement states that Lessees wll have " exclusve" use ofthe leased premses. However, to assure complance wth federal grant requrements, Lessees' authorty to offer products and servces should not be exclusve. suggest addng language smlar to the followng: t s not the ntent of ths Lease to grant to Lessees the exclusve rght to provde any or all of the servces descrbed, requred, or permtted n ths Lease at any tme durng the term of ths Lease. Lessor reserves the rght, at ts sole dscreton, to grant others rghts and prvleges upon the arport that may be dentcal n whole or n part to those granted to Lessees. Lessees acknowledges that no rght or prvlege has been granted to t whch would prevent any person, frm or corporaton operatng arcraft on the arport from performng servces on ts own arcraft, wth ts own employees, ncludng mantenance and repar servces. n Paragraph 9, $25,000 n Hangars keeper's nsurance seems low. LMCT recommends Hangar keeper's lablty nsurance n the mnmum amount of $250,000 per arcraft and 500,000 per occurrence. f Lessees operate any automobles, automoble lablty - nsurance n the mnmum amount 1,000, per occurrence for owned and non -owned lcensed vehcles operated on arport premses should be requred. of f Lessees wll operate any owned arcraft, then arcraft lablty nsurance n the amount of $1,000, for each accdent and $100,000 per person should be requred. n regard to the hangar agreement, 'd recommend $1,000, n lablty nsurance rather than $500,000. Chr Ftophe- S n- Jth, Rch ':`; M Gnt ",. Tel: (651) 281-1269 Pax: (051 ) 281-1296 csmth(r. lmc.org vmn- lmc.org /. League of Mnnesota Ctes 145 Unversty Ave. West ; St. Paul wld 55103, Stay connected 4 - th_e League of Mnnesota Ces: Neb "_ ' ; _ ebb o' Twtter A j Thnk Green: Keeo t on th, sere+ n,' > P.16 P. 17
HANGAR LEASE THS AGREEMENT, made n duplcate ths " day of June, 2008. by and betxa the Cty of Saul: Centre a muncpal corporaton of the State of Mnnesota, herenafter referred to as LESSOR and Thomas Werker and John Rcard d /b /a Central Planes Avaton, herenafter referred to as "LESSEES." LEASE OF PREMSES. The LESSOR s the owner of record of an arplane hanger constructed n 1985, havng dmensons of 60 feet by 80 feet or 4,800 square feet. Ths property s located on real estate owned by the Cty of Sauk Centre and herenafter shall be descrbed as the premses. The LESSOR for and n consderaton of the covenants and agreements heren contaned to be kept and performed by the LESSEES, does hereby demse and lease to the LESSEES and the LESSEES do hereby hre and take from the LESSORS the premses above descrbed beng located n the Townshp of Saul: Centre, County of Stearns and State of M1111esota. 2. TERM AND USE. The term of ths Lease Agreement wll commence on the frst day of June, 2006 and wll contnue and nclude May 31, 2011, provded that the lease may be extended for an addtonal three year perod. Pror to that extenson the exstng agreement between the partes wll be revewed by the Cty of Saul: Centre and ts Arport Commsson. agreeable, the lease wll be extended for an addtonal three years on terms and condtons herenafter specfed. T1roLl -hollt the term of the Lease Agreement the LESSEES wll have the exclusve use of the leased premses to conduct a mantenance and repar busness for arcraft. The LESSEES agree not to commt or permt any other acts to be performed on the premses or any omsson to occur whch would be a volaton of ally statute, recyulaton or ordnance of any governmental body, and whch would ncrease the nsurance rates on the buldng or whch would be a volaton of any nsurance carred on the premses by the LESSOR or the LESSEES. f LJ The LESSEES wll conduct the arcraft mantenance and repar busness and wll operate also sell parts and supples durng normal busness hours whch wll be Monday through Frday from 8:00 a.m. through 5:00 p.m. and after hours and weekends on an as need bass. By the executon hereof the LESSEES acknowledge that they have nspected the premses and accept the premses n a "as s" condton. Further, the LESSEES hereby acknowledge that the takng of possesson shall be conclusve evdence that the premses were 111 ( workna order and satsfactory condton when occuped. The partes do understand and agree that the LESSOR wll arrange to have a phone lne connected to the buldng. Throughout the term of ths Lease Agreement and any extensons thereof, t s understood that the relatonshp be.tnveen the LESSEES and the LESSOR shall be that of an 1 P,8 P 18
ndependent contractor. The LESSEES employees shall not be deemed to be employees of the LESSOR and the LESSOR shall not be responsble for any benefts or expenses typcally accorded employees, ncluded) but not lmted to, salary, medcal benefts. retrement benefts unemployment or severance benefts. Throughout the term of the Lease Agreement and any extensons thereof, the LESSEES shall not on the grounds of race color. or natonal orgn. dscrmnate or permt dscrmnatorn aganst any person or persons n any manner prohbted by Part 21 of the Regulatons of the Offce of the Unted States Secretary of Transportaton. The LESSEES further agree to comply wth any requrement made to enforce such regulatons whch may be demanded by the LESSOR or by any other governmental authorty under authorty of sad Part 21. Should t be determned that the nterest of the LESSEES n ths Lease Agreement s taxable, or should any tax be leved pursuant to such determnaton the LESSEES agree that they wll promptly pay such tax when due and shall, wthn a reasonable tme after the request by the LESSOR, provde such proof to the LESSOR. LESSEE also agrees to promptly make rembursements to the LESSOR f the hangar loses ts tax - exempt status as a result of ths Lease Agreement or throughout the term of ths Lease Agreement or any extensons thereof. The LESSEES shall be responsble to meet all lcense requrements and provde upon request, verfcaton of all lcensure requrements of the State of Mnnesota and /or the Unted States Government to legally comply wth the terms of ths Lease Agreement, 3. RENT. The LESSEES shall pay to the LESSOR at such place as the LESSOR may from tme to tme descynate n wrtng. a monthly rental of Fve Hundred and no 00) /100th(S500. Dollars throughout the term ths Lease Agreement whch monthly payment wll be payable n advance on the frst day of each month. 4. OPTON TO RENEW. The LESSOR hereby grants to the LESSEES, subject to condtons set forth heren, the rght and opton to renew ths Lease for an addtonal three year perod. The partes agree that the monthly rental for the fourth and any addtonal years wll be agreed upon by the partes pror to the renewal of the lease, Ths opton must be exercsed by gvng, the LESSOR wrtten notce on or before 60 days pror to the ntal annversary elate of the Lease Agreement. n no event shall the LESSEES be enttled to renew the term hereof. even though such notce s tmely Gven. unless the LESSEES shall have performed all of ther oblgatons hereunder as of the elate of the expraton of the ntal three year term. Unless otherwse expressly stated to the contrary or unless obvously mandated by the context, all provsons of ths Lease Agreement shall be applcable to any such opton perod. 5. LEASE NMPROVEvENTS. n order for the LESSEES to conduct ther aeronautcal mantenance and repar busness, the premses wll have to be remodeled. The LESSOR hereby grants to the LESSEES ts permsson to construct and /or coordnate mprovements to the exstng premses. whch mprovements wll consst of a S' x10' P.9 P.19
offce, a S' x 10' parts room and a S' x 6' rest room. Pror to commencng constructon, the LESSEES wll delver to the LESSOR for ther revew and approval constructon drawngs and materals outlnng the constructon of the contemplated mprovements. Sad work wll be completed n a good and workmanlke manner. The LESSOR agrees to contrbute a maxmum of Ffty percent (50 %) of the actual costs of the mprovements heren stated up to a cap of $50.00. Payment of the LESSOR'S expenses wll be handled n the ordnary course of cty busness. Requests for payments shall be accompaned by nvoces supportng the request. The cost of materals and labor for all mprovements exclusve of the amount to be be pad for by the LESSOR wll be the sole cost and oblgaton of the LESSEES. The LESSEES wll not cause or permt any mechanc's lens to attach to the premses. f any such lens shall attach, the LESSEE shall have sxty (60) days to remove or satsfy sad len. f the LESSEES fal to do so. LESSOR shall have the opton of (a) takng such steps or payng such amounts as t deems reasonable to satsfy or dscharge sad len, or (b) declarng ths Lease Agreement to be n default, n whch event the LESSOR shall have the rght to exercse any remedy t may have n the event of any other default hereunder. LESSEES agree to defend, ndemnfy and hold the LESSOR harmless from any loss, damage, or expense ncurred by LESSOR wth respect to any party assertng a mechanc's len clam, t beng understood and agreed that ths undertakng wll survve the fnal payment owng under ths Lease Agreement. The LESSEES also agree to provde the LESSOR wth len wavers from all materal man and contractors performng work on the premses f requested. All buldng mprovements alteratons addtons and fxtures other than the LESSEES equpment, whch have been made or nstalled by ether the LESSOR or the LESSEES on the premses, shall reman the LESSORS property upon termnaton of ths Lease Agreement. 6. SGNS AND LOCKS. The LESSEE shall not erect or permt to be erected on the premses any sgn on the exteror of the premses or buldng wthout the wrtten consent of the LESSORS, nor shall the LESSEES place or permt to placed on the Premses any weght or weghts n excess of the reasonable or safe carryng capacty of the structure. t s understood and agreed by the partes that the LESSOR wll change the lochs on the hangar doors but «wll requre that a master key be kept at the Offces of the Cty of Sauk Centre for emergency purposes only, LESSEES agree to allow the LESSOR access to the premses for the purposes of mantenance nspectons and ascertanng whether the LESSEES are n complance wth provsons of ths Lease Agreement. 7. UTLTES. Durng the term of ths Lease Agreement, and extensons thereof, the LESSEES shall be lable for all utltes ncludng \ eater, sever, gas, electrcty telephone, rubbsh removal and other utltes used or consumed n connecton wth the LESSEES busness actvtes. S. EXTEROR NANTENANCE. The LESSOR agrees to mantan n Rood repar and condton the exteror \,valls of the Premses as well as the roof, however, the LESSEES P.10 P.20
Wll be responsble for the repar and mantenance to the electrcal, plumbng and heatng systenl whch serve the Premses. 9. NSURANCE. The LESSEES agree that the LESSOR shall be free from lablty and clams for damages by reason of llljllrles occut'llg on or about the Premses after the executon of ths document to any person or persons or property whle on or about the Premses. The partes agree that the LESSEES wll defend and ndemnfy the LESSOR from all lablty, loss, costs and oblgatons, nclldng reasonable attorney's fees, on or account of or rsng out of arv such njures. To ths end the LESSEES shall at ther sole expense, procure and mantan lablty nsurance aganst clams for bodly njury death and property damage ' occurrng on or about the premses n amounts reasonably satsfactory to the LESSOR and namng the LESSOR as an addtonal nsured. n addton. the LESSEES agree to provde the LESSOR wth a copy of the polcy or declaraton page pror to and throughout the term of ths Lease Agreement. The LESSOR s requestng $1,000, 000.00 for lablty coverage $ 1,000, 000.00 for completed operatons and $26,000. for Hangars Keepers. n addton, the LESSEES shall carry worker's compensaton nsurance as requred by 'Mnnesota Statutes. 10. ARPORT OPERATONS. t s understood ant agreed that the LESSOR wll contnue to Conduct arport operatons on the areas surroundng the premses. f the Cty wll mantan responsblty and ownershp of the fuelng operatons at the Saul: Centre Arport. J. The Cty grants to the LESSEES the rght of ngress and egress to and from the premses to the publc road runnng along the East sde of the Saul: Centre Arport. Also durng the term of the Lease Agreement the LESSEES may use the exstng A.D. buldng flyng feld and muncpal arport facltes n common wth other users. To ths end the LESSEES agree to abde by all rules and regulatons applcable to the use of arport facltes yvhether those rules and regulatons are adopted by the Unted States Government the State of Mnnesota.. the Cty of Sauk Centre, or other governng body. 11. DESTRUCTON BY FRE OR CASUALTY. The LESSOR and the LESSEES agree that durng the term of ths Lease Agreement f the leased premses or any of the mprovements thereon shall be njured or destroyed by fre or the elements or through any other cause, so. as to render the premses unft for occupancy. or yyould make t mpossble to conduct the busness of the LESSEES thereon or to such an extent that t cannot be repared, vth reasonable dlgence wthn sxty (60) Clays from the happenng of such njury then the LESSOR may termnate ths lease and the term heren demsed front the date of such damage or destructon, and the LESSEES shall mmedately surrender the premses and all nterest theren to the LESSOR and the LESSEES shall pay rent only to the tme of SLC SLlrrender; and n case of any such CCStl Llctloll 01' 111' l\ the LESSOR play re -enter and repossess the premses dscharged of ths lease, and may remove all partes then n possesson thereof. But f the premses can be restores wthn sxty (60) clays from the happenng of the njury thereto and the LESSOR,ythn Ffteen 15) clay from the occurrence of such uljltry, elects n yvrtng to repar or restore the 4 P. 11 P.21
v premses wthn sxty days from the happenng of the njury thereto then ths lease shall not end or termnate ol account. Of SUCK njury by fre Or othevvse, but the rent shall lot run or accrue after the 1njLlry.and clllrng the process or repars, and Lp to the tme vvhen the repars shall be completed, except only that the LESSEES shall, durng such tme, pay a prorated porton of such rent apportoned to the porton of the premses whch are n sutable condton for occupancy. The LESSOR shall repar the same wth reasonable promptness and n that case the rent shall not cease or be abetted durng such reparng perod. All mprovements or betterments placed by the LESSEES on the premses shall_ however, n any event, be repared and replaced by the LESSEES at ther own expense and not at the expense of the LESSOR. 12. SURRENDER OF PREMSES. On the last day of the term of ths lease or on the sooner termnaton thereof the LESSEES shall peacefully surrender the premses to the LESSOR n good condton and repar reasonable wear and tear excepted. On or before the last clay of the term of the lease or the sooner termnaton thereof the LESSEES shall at ther sole expense remove all of ther equpment and personal property from the premses. Any such property not removed shall be deemed to be abandoned. All alteratons addtons and fxtures other than the LESSEES equpment whch have been made or nstalled on the premses whether by the LESSOR or the LESSEE shall reman the LESSOR'S property. Pror to termnaton the LESSEE reserves the rght to nspect the premses to determne the exstng condton of the premses. t s understood that any damages determned to be beyond reasonable wear and tear wll be pad for and shall be the responsblty of the LESSEES. f the premses are not surrendered at the end of the term. the LESSEE shall ndemnfy the LESSOR aganst any loss or lablty resultng from delay by the LESSEES n surrenderng the premses. The provsons of ths secton shall survve the termnaton of ths Lease Agreement, 13. ASSGNMENT AND SUBLETTNG. The LESSEES agree that they wll not mortgage encumber assgn as securty, transfer or sublet any porton of the premses wthout the pror wrtten consent of the LESSOR n each nstance. The consent of the LESSOR to an encumbrance, assgnment or sublettng shall not be a waver of the LESSOR'S rghts Under ths lease as to any subsequent encumbrance, assgnment or sublettng. No assgnment or sublettng shall release the LESSEES from ther oblgatons under tlls LEASE. 14. DEFAULT. t s agreed that should the LESSEES neglect or fal to keep, observe or perform any of the covenants and agreements contaned heren or f the LESSEE shall petton to be cleclarecl bankrupt. or nsolvent accordng to law, or f the LESSEE shall vacate sad premses or abandoned the same durng the term of the lease, and n all such cases the LESSOR may mmeclately or any tme thereafter wthout further notce or demand, enter nto and upon the premses and tale possesson of the same, vthout such reentr and workng a forfeture of the rents to be pad or the covenants to be performed 5 P.12 P.22
by the LESSEES for the full term of ths lease. The LESSOR may elect to lease or sublet the premses or any part thereof on such terms and condtons and for such rent and for such tme as t may elect and after credtng the rent actually collected by the LESSOR from such relettng on the rental stpulated to be pad under ths Lease.Agreement, collect from the LESSEES anv balance remanng due from tme to tme on the rent reserved under ths lease, chargng to the LESSEES such reasonable expenses as the LESSOR may expend n puttng the premses n tenantable condton. The LESSEES shall not be deemed n default under ths Lease Agreement untl the LESSOR shall have gven the LESSEES wrtten notce specfyng the nature of the default and the LESSEES do not cure such default wthn twenty (20) clays after recept of sad notce or wthn such reasonable tme thereafter as may be necessary to cure such default, f such default's of such a character as to reasonably requre more than twenty 20) clays to cure. The rghts and remedes hereunder shall be deemed to be cumulatve and the exercse of one shall not be deemed to be an electon excludng the exercse of other remedes at anv other or dfferent tme or tmes of a dfferent or nconsstent remedy. 16. TERMNATON. Notwthstardng anythng heren stated to the contrary n paragraph 2, ether party hereto may, at any tme and for any reason, termnate ths Lease Agreement upon sxty (60) days advance notce to the other party. Untl sad sxt} (60) day notce s gven, t s contemplated that the ntal term of ths lease shall be one year. Thereafter upon approval by the LESSOR and ts Arport Commsson ths Lease Agreement may be renewed for an addtonal two (2) years. After the thrd year the LESSEE shall be -ven an opton to extended for one addtonal three year perod on terms and condtons to be agreed upon by the partes. 16. ARBTRATON. All clams dsputes and other matters n queston arsng out of or relatng to ths Lease A-reement or the breach thereof shall be decded by arbtraton rules of the Amercan Arbtraton Assocaton. Ths aareernent to arbtrate shall specfcally enforceable under prevalng arbtraton lav. Anv award rendered by the arbtrators, as provded b Mnnesota law, shall be fnal and judgment made entered upon t n any Court hayng Jursdcton. 1 NOTCES. All communcatons, demands or notces permtted or requred to be served under ths lease shall be n wrtng. and shall be deemed to have been duly gven or served f delvered n person to the other party or ts duly authorzed agent, or f deposted n the Unted States )\Tal, postage prepad for malng by certfed or regstered mal, return recept requested. Any party may change ts address by gven notce n wrtng.. statng the ne\v address. Upon executon of ths document the partes provde that the followng shall consttute ther current addresses: F P. 13 P.23
LESSOR: Vck Wller Cty Admnstrator Cte of Sauk Centre 320 Oak Street South Saul: Centre, M1N 56378 LESSEES: John Rcard 3607 Creekvew% Road St. Cloud MN 56301 Thomas Weaker 1329 120` Avenue Bowles, MN 56314 18. BNDNG EFFECT. Ths Lease Agreement shall be bndng upon and shall nure to the beneft of the partes hereto and ther successors, executors, personal representatves. hers and assgns. N WTNESS WHEREOF, the partes have caused ths Lease Agreement to be executed the day and year frst above wrtten. LESSOR: LESSEES: CTY OF SAUK CENTRE Brad A. Krckof, ts Mayor John Rcard d /b /a Central Planes Avaton Vck M. Wller, Cty Admnstrator Thomas Weaker d /b /a Central Planes Avaton 7 P.14 P.24
Cty of Sauk Centre Staff Report Meetng Date: September 21, 2011 Subject: Agenda tem: Amendment to Hangar Lease Agreements 7b Descrpton /Summar The Arport Commsson wll be meetng on Monday, September 18 at whch tme t wll consder an amendment to the Hangar Lease Agreements requrng a 1,000, lablty nsurance coverage mnmum. Ths s a result of a recommendaton from the Cty's nsurance Provder. (League of Mnnesota Ctes) Acton Requested: Amend Hangar Lease Agreements to nclude a 1,000, Mnmum Lablty nsurance Mnmum. Acton Taken: _ Moton: Second: P.25
ARPORT HANGER SPACE LEASE AGREEMENT Ths Lease Agreement made ths day of 20, between the Cty of Sauk Centre, a muncpal corporaton and body poltc under the laws of Mnnesota, wth offce at 320 Oak Street South, Sauk Centre, MN 56378 ( "Arport"), and: Lessee ") 1. Descrpton of Premses & Arcraft n consderaton of the payment of rents and surcharges as heren set forth and of lessee's observance of lessee's covenants, agreements, dutes and oblgatons heren, arport agrees to lease the followng hanger or feld storage lot ( the "premses "), subject to the condtons and covenants contaned n ths agreement, and to be used for the purpose of storage of the followng descrbed sngle (one) arcraft ( the " arcraft "): Plane Regstraton Number: N Regstered Owner: Address: Home Phone: Place of Employment: Arcraft nsurance Company & Address: Make: Busness Phone: 2. Term & Extensons The term of lessee's lease and use of the premses ( "the term ") shall begn on the day of, 20, and shall contnue for one month, at whch tme t shall termnate ( "termnaton date "). f before the termnaton date ths agreement s not extended by mutual agreement sgned by the partes beyond the termnaton date, the term shall be automatcally extended on a month -to -month bass, untl termnated by ether party upon the gvng of thrty (30) days' wrtten notce to the other party. Such notce to termnate must be gven thrty (30) days or more pror to the frst day the next succeedng month of the term; and such notce shall be effectve as of the last day of such next succeedng month. Provded, however, arport may at arport's opton extend ths lease for an addtonal month n the event lessee has not wholly vacated and removed lessee's property from the premses as of the termnaton date (or the last day of the next succeedng month of the term, f extended month -to -month by applcaton of the foregong provson). 3. Rent Rent, whch shall be pad n advance on or before the 1St day of each month, shall be $ per month. Provded, however, arport may at ts opton from tme to tme re- determne the monthly rent and /or surcharge amount(s), and such newly determned amount(s) shall be due for any succeedng month that begns afterthe lapse of the 30 -day notce gven by the arport to lessee of such re- determned amount(s). P o P.26
1 4, Delnquent Payments & Late Fee Rental payments shall be due and payable on the frst day of each calendar month n advance. n the event that rental payment s not receved by the ffteenth day of the month n whch t has become due and payable, the rental payments shall be consdered delnquent, and, n addton to the rental then due, there shall be an addtonal servce charge of $25.00 to remburse arport for the cost of bookkeepng and other admnstratve servces for the payments receved after the 15 day of each calendar month. Falure to pay the rental payment by the 15 day of each calendar month shall also consttute a bass for termnaton of ths lease agreement. 5. Lablty nsurance Lessee shall obtan and mantan contnuously n effect at all tmes durng the term of ths lease, at lessee's sole expense, a polcy of comprehensve publc lablty nsurance, ssued by a relable carrer acceptable to arport, nsurng lessee and l arport aganst any lablty arsng from or relatng to: (a.) lessee's ndemnfcaton requrement of secton 9 of ths agreement, and (b.) loss or damage to the premses or other parts of the buldng of whch the premses s a part whch loss arses from or s occasoned by lessee's ownershp, use, occupancy, or mantenance of the premses or any area appurtenant to or used by lessee n connecton wth lessee's use of the premses. Lessee must carry a mnmum of $500,000. legal lablty and $ 500,000. comprehensve general lablty nsurance. The lmts of such nsurance, however, shall not lmt the lablty of lessee underths lease. The nsurance requred under ths secton shall name arport and arport's agents as addtonal nsures and shall provde that such nsurance coverage shall not be canceled wthout at least forty fve - (45) days' pror wrtten notce to arport. Lessee shall provde arport wth a certfcate evdencng ssuance of the polcy of lablty nsurance and such certfcate shall recte that the polcy may not be canceled wthout 45 days' pror wrtten notce to arport, 6. Lessee's Covenants LESSEE COVENANTS WTH AND TO ARPORT AS FOLLOWS: a,) To notfy arport, n wrtng, wthn ten (10) days of any change n the nformaton furnshed n Secton 1, above. b.) To abde by all rules and regulatons of the Federal Avaton Agency, any now or hereafter establshed Rules and Regulatons of Sauk Centre Arport, and any rules and regulatons of any other duly consttuted publc authorty havng jursdcton relatng to the ownershp, use and storage of the arcraft. c,) That Lessee shall: (1.) store the arcraft n the premses wthn thrty (30) days from the date ths lease s sgned; (2.) use the premses for storage of the arcraft contnuously durng the term of ths lease and for any extenson perod, except when the arcraft s used or stored elsewhere; and, n the event the arcraft s used or stored elsewhere for a contnuous perod of thrty (30) days or more to promptly advse arport n wrtng of that fact; (3,) not use the premses for storage of property other than the arcraft, unless the _ arcraft s also smultaneously stored n the premses; (4.) not sublet or furnsh to. any person the premses or use of the premses wthout the wrtten consent of the arport; (5.) not assgn lessee's rghts under ths lease wth arport's pror wrtten consent; (6,) not store any tems that lessee possesses llegally or whch are tems that are unlawful to be possessed by, and not store any flammable, explosve, fuel, gasolne or dangerous materals or llegal drugs on the premses, wth the excepton of fuel whch s n the arcraft's tank or tanks used to provde fuel for operaton of the arcraft; (7.) not mantan 2 P.19 P.27
any busness, operate any machnery, or use the premses for any commercal,. ndustral, or retal or wholesale sales or promotonal efforts, or as a manufacturng or dstrbutng faclty; (8.) not make or allow any alteratons to the premses wthout the wrtten consent of arport; (9.) keep and mantan the premses n a clean and well -kept condton and not permt the accumulaton of rubbsh, waste, or refuse on the premses; and (10.) at the termnaton of ths lease, leave the premses n clean condton and free of damage. 7. Acceptance of Premses n Current Condton Lessee accepts the premses on an "AS S" BASS, ARPORT DSCLAMS, AND LESSEE ACCEPTS THE DSCLAMER, OF ANY WARRANTY OF ARPORT, ETHER EXPRESS OR MPLED, OF THE CONDTON, USE, OR FTNESS OF THE PREMSES TO SECURE OR PROTECT THE ARCRAFT. LESSEE WAVES ANY AND ALL MPLED WARRANTES WHCH NCLUDE, WTHOUT LMTATON, ANY WARRANTY OF FTNESS FOR A PARTCULAR PURPOSE AND MERCHANTABLTY, 8. Responsblty for and Rsk of Loss Lessee wll not hold arport or any party related to arport or any of ts agents, employees, or arport commsson members responsble for any loss occasoned by fre, theft, ran, wndstorm, hal, or from any other cause whatever, whether the cause be the drect, ndrect, or merely a contrbutng factor n producng the loss to any arplane or other personal property of any nature whatsoever that may be located or stored on the premses or on any property of the arport; and lessee agrees that the arcraft and ts contents are to be stored n the premses at lessee's rsk. LESSEE ACKNOWLEDGES AND AGREES THAT ARPORT SHALL NOT PROVDE NSURANCE COVERAGE FOR THE ARCRAFT OR ANY OTHER PROPERTY OF LESSEE WHLE ON OR N THE PREMSES OR AT ANY OTHER TME. 9. ndemnfcaton Lessee shall ndemnfy, defend, and save arport, ts ' agents, offcers, representatves, and employees, harmless from and aganst any and all lablty or loss and pay all costs, fees, attorney's fees and expenses for such defense) resultng from: (a.) clams or court acton arsng drectly or ndrectly out of the acts of lessee, lessee's agents, servants, guests, or busness vstors under ths agreement or by reason of any act or omsson of such person, and (b.) clams, damages, losses, causes of acton, suts of every nature whatsoever arsng from or relatng to lessee's agreements, dutes and oblgatons agreed to or assumed by lessee n ths agreement, and (c.) clams, judgments, labltes, L expenses, losses, damages, personal njures ncludng death, property damage or destructon sustaned by any person arsng from or relatng to the use and /or occupancy of the premses or any buldngs or mprovements erected on, as part of, or adjacent to the premses, or from the use by lessee of the premses or the roads, drveways or other publc places used by lessee on the property of the arport n connecton wth lessee's use of the premses. 10. Len Lessee gves and grants to arport and hypothecates to arport a len on the arcraft and the personal property of every knd and descrpton now or n the future to be placed, nstalled or stored by lessee n the premses to secure lessee's covenants, dutes and oblgatons under ths lease; and lessee agrees that n the event of any falure of lessee to comply wth all of lessee's dutes, covenants and oblgatons of ths lease, or n the event of any default contnung for thrty (30) or more days, arport may take and 3 P. 2 ra