Extracted text (via ocr_local)
60471 characters
1.
Duplicate Original
LEASE AGREEMENT
BETWEEN
THE TOWN OF WICKENBURG
AND
DALLAS C. GANT
PARTIES. This Lease, dated, for reference purposes only,
Cure iat 14 , 2002, is made by and between the Town of
Wickenbutg, Arizona, a municipal corporation and political subdivision of the State of
Arizona (herein called "Landlord") whose address for purposes of notice hereunder is 155
North Tegner, Suite A, Wickenburg, Arizona 85390, and Dallas C. Gant (herein called
“Tenant”) whose address for purposes of notice hereunder is 1551 South Vulture Mine Road,
Wickenburg, Arizona 85390.
PREMISES; PRIVILEGES; RESTRICTIONS. Landlord does hereby lease to Tenant and
Tenant hereby leases from Landlord ral parcels of land located at the Wickenburg
Municipal Airport for the construction and use of aircraft hangars (herein called "Premises")
as more particularly described in Exhibit "A" attached hereto and made a part hereof. Tenant
shall have an exclusive ground lease including all privileges, uses and rights further defined
herein to the Premises and a non-exclusive right to use all other areas and amenities of the
Wickenburg Municipal Airport.
2.1. Landlord grants to Tenant the following privileges, uses and rights:
2.1.1. The general use of all public facilities and improvements, which are or may
hereafter be constructed at the Wickenburg Airport, including runways, approach
ways, taxiways and navigational aids.
2.1.2. The right of ingress and egress from the Premises over and across the designated
Airport property and public roadways serving the Airport, and the public parking
areas, to be utilized by Tenant, its agents, employees and invitees.
2.1.3. In addition to said general privileges, uses and rights, Landlord grants to Tenant
the right to construct aircraft hangars on the Premises. Tenant may use, lease or
sell such hangars, provided that Tenant, its heirs, successors and assigns, comply
with all provisions of this Lease Agreement, the Town Code, Airport’s Rules and
Regulations and Minimum Operating Standards applicable to the use selected by
Tenant.
2.2. Tenant shall not use the property for any purposes other than those specified above.
All rights granted to Tenant under this Lease are nonexclusive excepting only those
rights to build hangars at the Premises, which are exclusive to Tenant.
2.3. Tenant is leasing the Premises, which is that part of the Wickenburg Municipal Airport
on which the hangars will be built. Tenant will improve other portions of the
Wickenburg Municipal Airport and upon completion of all such improvements and
acceptance by Landlord, Landlord will fully maintain and be wholly responsible for
such improvements that are not located on the Premises and for the restroom all as
further defined herein.
Page 1 of 18
6.2.
6.3.
6.4.
6.5.
6.6.
improvements or modifications to the Premises, Tenant shall secure all applicable
building permits and approvals from the Town of Wickenburg. In addition, Tenant
shall furnish any additional information concerning any proposed improvements or
modifications which Landlord may deem necessary with regard to safety of the
Premises and/or compatibility with the general use of the Airport. Tenant shall
coordinate all design and construction on the Premises with any and all other
development occurring at the Wickenburg Municipal Airport including, but not
limited to, construction of the on-airport access road.
Tenant agrees to construct a minimum of eighteen (18) aircraft hangars on the
Premises and to improve the areas between such hangars located in the area generally
known as the Lower Tie Down Area. The target completion time for the hangars shall
be twelve (12) months from the issuance of notice to proceed with a maximum
completion time of twenty-four (24) months from the date of the notice to proceed.
Tenant shall construct a public restroom at Tenant’s sole expense. Landlord shall
maintain the restroom after construction at its sole expense. Failure to meet this
schedule will subject Tenant to damages as outlined in Section 21.2 of this Lease.
Landlord shall remove all asphalt and tie-down rings and grade the Premises as well as
remove and relocate four (4) light poles as agreed upon by the parties.
Landlord shall remove all existing pavement on the Premises and provide a connection
to domestic water. Landlord shall also provide a connection to sewer at the southeast
comer of the property. Tenant shall install water lines and sewer lines within the
Premises for the interior development of the Premises. Landlord shall provide a
connection to electrical service at the location mandated by the utility company and
agreed to by Tenant, and Tenant shall install electric service within the Premises.
Landlord shall maintain the water and sewer lines that serve the restroom and shall not
maintain any other water or sewer lines on the Premises. Landlord shall maintain the
electric service to the meter on the Premises. Landlord shall coordinate any repair and
service thereto with Tenant.
The design and construction of all improvements on the Premises shall comply with all
federal, state, and local laws and regulations including, but not limited to, the National
Fire Protection Association Code, the Uniform Fire Code as adopted by the Town of
Wickenburg and the Uniform Building Code as adopted by the Town of Wickenburg.
Further, Tenant agrees to comply with all terms and related regulations pertaining to
the permit issued by the Department of the Army, Corps of Engineers pursuant to
Section 404 of the Clean Water Act (33 U.S.C. 1344) and the Nationwide Permit
Number 26.
Landlord may require modifications to the Premises as necessary for the safety of air
navigation. If any improvements or modifications to the Premises made by Tenant
interfere with any Federal Aviation Administration (hereinafter “F.A.A.”), or such
succeeding federal authority, navigational aid, Tenant and Landlord agree to negotiate
in good faith on the cost of removal or modification of the improvements, which
interfere with any F.A.A. navigational aid. All improvements and modifications made
by Tenant shall be constructed in a good, workmanlike manner, free from defects, and
in accordance with plans approved by the Town of Wickenburg.
Tenant shall keep the Premises and all improvements thereon free from any mechanics
or materialman’s liens or liens of any kind or nature for any work done, labor
performed or material furnished on or to the Premises. In the event any contractor,
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3. TERM AND RIGHT TO RENEW.
3.1.
3.2.
The term of this Lease shall be for twenty (20) years, commencing on the ne day of
Loveywbe-2063., and ending on the 3)s1 day of Pstrenio, 2022,
unless sooner terminated as provided herein. Octobe! dvfeg_
Landlord grants to Tenant an option to renew this Lease for one successive twenty (20)
year period, subject to the terms and conditions as are contained in this Lease,
provided that Tenant is not in default of any of its obligations under this Lease at the
time of the renewal. Landlord shall give Tenant one hundred (120) days written notice
prior to the renewal period. Tenant may exercise said option by delivering to the
Airport Director written notice of its intention to do so at least ninety (90) days prior to
the expiration of this Lease.
4. POSSESSION.
4.1.
4.2.
If Landlord, for any reason whatsoever, cannot deliver possession of the said Premises
to Tenant at the commencement of the term hereof as a result of causes beyond its
reasonable control, this Lease shall not be voidable, nor shall Landlord be liable to
Tenant for any loss or damage resulting therefrom, but in that event, all rent shall be
abated during the period between the commencement of said term and the time when
Landlord delivers possession and the term of the Lease shall be extended by the same
amount of time Landlord does not deliver possession of the Premises. If Landlord
does not deliver possession of the premises to Tenant on or before the ninetieth day
following execution of this Lease, Tenant shall not be responsible for any additional
payments. Tenant may elect to terminate this Lease by giving notice to Landlord at
any time before the date Landlord delivers possession of the Premises to Tenant.
4.1.1 Landlord knows of no reason or circumstance, which would prohibit Tenant
from occupying the Premises at the commencement date set forth in Section 3.1 above.
In the event that Landlord shall permit Tenant to occupy the Premises prior to the
commencement date of the term, such occupancy shall be subject to all the provisions
of this Lease. Said early possession shall not advance the termination date
hereinabove provided.
5. RENT.
5.1.
a2
Tenant shall pay, without notice and free from all claims, the annual rent in the amount
equal to thirteen percent (13%) of the gross rental invoiced for occupied hangars,
payable quarterly. If Tenant uses any hangar for storage or other uses, Tenant shall
pay rent on such hangar at the rate charged Tenant’s renters for a hangar of like size. .
Tenant shall provide Landlord a list of renters with each quarterly lease payment
including current mailing address for each renter.
If Tenant fails to pay any rent in full on or before the due date, Tenant shall be
responsible for interest on the unpaid balance at the rate of eighteen percent (18%) per
annum from the due date until the payment is made in full.
6. IMPROVEMENTS AND ALTERATIONS.
6.1.
Tenant may install improvements and alterations to the Premises at Tenant’s expense,
provided Tenant obtains Landlord’s prior written approval, which shall not be
unreasonably withheld. Tenant shall provide reasonable information to Landlord upon
request concerning improvements and alterations. Prior to the start of construction of
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subcontractor or laborer to Tenant files any mechanic's or materialman's lien ("lien")
for work performed for Tenant at the Premises, Tenant shall either (i) take all actions
necessary to pay such claimant and have the lien released and satisfied, or (ii) record a
statutory discharge of lien bond pursuant to A.R.S. § 33-1004, and the cost of such
bond shall be borne by Tenant. Tenant shall either pay the lien claimant or record the
lien discharge bond within ninety (90) days of Tenant receiving actual notice of lien or
within fifteen (15) days after a foreclosure lien suit is filed. Tenant shall indemnify,
defend and hold harmless Landlord from all liens, costs and damages resulting from
lien claims.
6.7. All improvements and modifications made by Tenant which become fixtures to the
Premises shall become the property of Landlord, at no cost to Landlord, upon the
expiration or termination of this Lease, free of any security, interest, or claims of any
kind from or through Tenant excepting only the hangars which Tenant or Tenant's
lessees may remove at their sole expense at the expiration or termination of this Lease.
The public restroom to be constructed by Tenant shall be a fixture and become the
property of Landlord. Tenant shall thereafter supply Landlord with copies of any
environmental tests or reports generated in connection with such removal together
with the certification from a licensed engineer demonstrating that the Premises are free
of contamination from any and all hazardous materials on the property or which may
have escaped from equipment on the property.
6.8. Tenant agrees, at its expense, to return the Premises at the conclusion of the Lease
term to Landlord in a condition that is equal to or better than the condition at the
inception of the Lease and free from the presence of pollutants, contaminants and
Regulated Substances which result from Tenant’s use or occupancy of the Premises as
defined below in Paragraph 7 of this Agreement.
. USE. Tenant shall use the Premises for the construction of hangars as described in Section 6
of this Lease, for lease or sale, subject to approval of Landlord, which approval shall not be
unreasonably withheld, of such hangars subject to the restrictions set forth in this Lease
Agreement, storage of aircraft, and individual, non-commercial aircraft maintenance and
repair and shall not use or permit the Premises to be used for commercial use, unless such use
is approved by the Wickenburg Airport Commission and Town Council, aircraft maintenance
(other than non-commercial maintenance on individual aircraft) or for any other purpose
without the prior written consent of Landlord, storage of aircraft for air rescue purposes
excepted. Commercial aircraft maintenance is defined as a for-profit aircraft maintenance
business operated at the Wickenburg Municipal Airport. Tenant shall use all reasonable
efforts to insure that all lessees of hangars comply with this Lease Agreement, the Town
Code, and the Airport Rules and Regulations relating to the use of the hangars. Tenant shall
not use or allow the Premises to be used for any unlawful purpose or a purpose inconsistent
with the terms of this Lease, nor shall Tenant cause, maintain or permit any nuisance in, on or
about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon
the Premises.
7.1. Tenant recognizes that assuring protection of public health, welfare and the
environment from activities upon the Premises during the Lease Term is an important
consideration for Landlord and during the Lease Term the federal, state and local laws,
rules, regulations and ordinances relating to pollution, protection of the environment,
public health, safety or industrial hygiene (hereinafter referred to as the “Applicable
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7.2.
7.3.
7.4,
Teds
Laws”) will change. Throughout the Lease Term, Tenant will use reasonable efforts to
maintain compliance with all Applicable Laws.
Tenant will not, unless disclosed and agreed to by Landlord, use any liquid, solid,
semi-solid or gaseous substances (hereinafter referred to as Regulated Substances),
which are, or during the Lease Term may become, subject to regulation under
Applicable Laws on the Premises. Tenant shall not have on the Premises any
Regulated Substances. Regulated Substances include, but are not limited to, any and
all substances, materials or wastes regulated under the Resource Conservation and
Recovery Act, 43 U.S.C. Section 8909, et. seq.; the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et. seq.; the Toxic
Substances Control Act, 15 U.S.C. Section 2601, et. seq.; the Arizona Hazardous
Waste Management Act, A.R.S. Section 49-921, et. seq.; the Arizona Underground
Storage Tank Regulation Act, A.R.S. Section49-101, et. seq.; and the rules and
regulations adopted and guidelines promulgated pursuant to the Applicable Laws.
Landlord recognizes that Tenant's lessees will use the hangars for the storage of
aircraft which by necessity involves some storage for individual use for aircraft housed
within the hangars of Regulated Substances including fuel and lubricating oil.
However, Tenant shall use all reasonable efforts to insure that its lessees comply with
the requirements of this Section 7.2 and shall require that the provisions of this section
shall be included in all leases and contracts relating to the use of the hangars. Proof of
such inclusion shall be provided to Landlord upon reasonable request.
In addition to the other requirements of this section, Tenant shall not release,
discharge, leak or emit, or permit to be released, discharged, leaked or emitted into the
atmosphere, ground, soil, sewer system, surface water or groundwater any substance if
such substance (as reasonably determined by Landlord, or any governmental authority)
does or may pollute or contaminate the same, or may adversely effect (a) the
environment, (b) the health, welfare or safety of persons whether located on the
Premises or elsewhere, or (c) the condition, value, use or enjoyment of the Premises or
any other real or personal property. Tenant has or will timely obtain, maintain and
comply with all provisions of all permits, which are required under the Applicable
Laws (hereinafter referred to as the ““Permits”).
Tenant shall immediately notify Landlord, and Landlord shall immediately notify
Tenant, orally and in writing, of any allegations by any governmental authority or other
person or entity of any event of non-compliance with the applicable laws or permits of
this section. Tenant shall also immediately notify Landlord, and Landlord shall
immediately notify Tenant, orally and in writing, of any allegations by any
governmental authority or other person or entity, of any events, conditions,
circumstances, activities, practices, incidents, actions or plans which may interfere
with or prevent continued compliance with Applicable Laws, Permits or the provisions
of this section, or which may give rise to any common law or legal liability, or
otherwise form the basis of any claim, action, suit, proceeding, hearing or
investigation, based on or related to the generation, manufacture, distribution, use,
treatment, storage, disposal, transport, or handling, or the emission, discharge, release
or threatened release into the environment, of any pollutant, contaminant or Regulated
Substance.
Landlord, or its authorized representative, agent or contractor, shall have the right,
upon reasonable notice and in cooperation with Tenant, to inspect the Premises and to
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7.6.
Take
7.8.
review and copy documents, records, and data maintained by Tenant relating to
substances used and stored on the Premises or disposed of, released or otherwise
removed from the Premises, in order to assure itself that Tenant is in compliance with
the provisions of this Paragraph.
In addition, Landlord shall have the right, at its expense, to perform periodic
environmental inspections as Landlord deems necessary using the services of a
qualified and duly licensed environmental engineer approved by Tenant whose
approval thereof may not be unreasonably withheld. Unless Landlord has actual
knowledge of Tenant's failure to comply with the Lease provisions concerning use as
set forth in this Section 7, periodic environmental inspections shall not be done more
frequently than every five (5) years. Landlord and Tenant shall reasonably agree on an
appropriate procedure for environmental inspections. The said engineers shall conduct
such sampling and testing of soils, water, substances and emissions, as Landlord
deems necessary to assure itself that Tenant is in compliance with the provisions of
this Section. In the event the results of the inspection indicate a need, such as a
violation of federal, state or local laws or a health or safety hazard, for further testing
and/or remediation as a result of Tenant’s use of the Premises in order to comply with
ADEQ or EPA remediation standards or guidelines, then Tenant hereby agrees to
reimburse Landlord for its reasonable inspection costs and to pay for such additional
testing and remediation as will be required as a consequence of Tenant’s use of the
Premises. Should remediation be required as a consequence of Tenant’s use of
Premises, Tenant shall immediately undertake such remediation as is necessary to
restore the condition of the Premises and shall diligently pursue such work to
completion. Tenant’s failure to timely perform its obligations under this Paragraph
shall be considered a material breach of this Lease, and Tenant’s obligations under this
Paragraph shall continue beyond the expiration or termination hereof. Nothing in this
Paragraph shall constitute a waiver of any right of Tenant, including without
limitation, the right to receive contribution from any individual or entity responsible
for contamination of any part of the Premises.
Any instance of non-compliance with Applicable Laws, Permits or the provisions of
this Paragraph shall be grounds for termination of this Lease by Landlord provided,
however, Landlord shall give Tenant written notice of non-compliance and Tenant
shall have at least thirty (30) days to take all actions to comply with Applicable Law.
If thirty (30) days is insufficient to comply but Tenant acts consistently, and in good
faith to obtain compliance, Landlord shall extend the time for compliance as
determined to be necessary and appropriate by the Parties without termination of this
Lease.
To the fullest extent permitted by law or as provided in this Lease, Tenant agrees to
indemnify, defend and hold Landlord harmless for any and all costs of legally required
remediation of environmental contamination and from any and all claims, demands,
actions, suits, proceedings, hearings, investigations, responsibility, liability, orders,
injunctions, judgments, fines, damages and losses of any nature whatsoever, arising
out of or relating in any way to Tenant’s present or future use of, or activities or
operations on or at, the Premises or arising from or relating to any breach of the
provisions of this Paragraph except for those damages directly attributable to
Landlord’s negligence. Tenant also agrees to indemnify and hold Landlord harmless
for any and all costs and expenses incurred in connection therewith, including without
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limitation, any and all attorneys’ and expert witness fees, investigation, clean up,
removal, disposal, remedial, corrective, or mitigating action costs, fines and penalties
related in any way to Tenant’s use of the Premises except for those damages directly
attributable to Landlord’s negligence. These indemnities shall survive the termination
of this Lease.
8. ACCEPTANCE; MAINTENANCE; REPAIRS.
8.1.
8.2.
Subject to the provisions of Section 24 below, Tenant warrants that it has inspected the
Premises and accepts possession of the Premises and the improvements thereon “as is”
in its present condition, and subject to all limitations imposed upon the user thereof by
the rules and regulations of the F.A.A. and by ordinances of Landlord, and Tenant
acknowledges the suitableness or sufficiency of the Premises for the uses permitted
hereunder. Except as may otherwise be specifically provided for herein, Landlord
shall not be required to maintain or to make any improvements, repairs or restorations
upon or to the Premises or to any of the improvements presently located thereon
except provided in Section 6.3 above. Under no circumstances shall Landlord have
any obligation to repair, maintain or restore any improvements placed upon the
Premises by Tenant.
Tenant shall be solely responsible, at its cost, for all repairs and maintenance
whatsoever on the Premises and shall maintain all improvements thereon in a good,
workmanlike manner and free from defects, whether such repair or maintenance be
ordinary, extraordinary, structural or otherwise. Additionally, Tenant, without limiting
the generality hereof, shall:
8.2.1. Keep at all times, in a clean and orderly condition and appearance, the Premises,
all improvements thereon and all of Tenant’s fixtures, equipment and personal
property which are located on any part of the Premises. Except for the restroom
which Landlord shall maintain, Tenant shall be responsible for all janitorial
services on the Premises;
8.2.2. Be responsible for the maintenance and repair of all interior utility service lines
placed on the Premises and used by Tenant or its assignees exclusively.
9. ADDITIONAL OBLIGATIONS OF TENANT.
onle
Or.
9.3.
Tenant shall designate (to the Airport Director) at least one (1) person who shall be
Tenant's Agent for purposes of operations coordination, notices and compliance with
the terms of this Lease. Such person shall be authorized by Tenant to take all remedial
action as is necessary and approved in writing by Tenant so long as such remedial
measures are not of an emergency nature requiring immediate action. If such measures
are of an emergency nature requiring immediate action, Landlord shall not be required
to obtain Tenant’s written consent. All notices shall be given in accord with Section 1
above and to Tenant's Agent as designated. Until further written notice Tenant's Agent
is Dallas C. Gant.
Tenant shall conduct its operations hereunder in an orderly and proper manner,
considering the nature of such operation, so as not to unreasonably annoy, disturb,
endanger or be offensive to others.
Tenant shall take all reasonable measures:
Page 7 of 18
10.
9.4.
9:5.
9.6.
OF.
9.8.
O19:
9.3.1. Not to produce on the Airport any disturbance that interferes with the operation by
the Town of Wickenburg or the F.A.A. of air navigational, communication or
flight equipment on the Airport; and
9.3.2. To reduce to a minimum vibrations tending to damage any equipment, structure or
building.
Tenant shall control the conduct and demeanor of its officers, agents, employees, and
invitees as reasonable and practicable and, upon objection from Landlord concerning
the conduct, or demeanor of any such person, Tenant shall immediately take all lawful
steps necessary to remove the cause of the objection.
Tenant shall comply with all written instructions of Landlord in disposing of its trash
and refuse and shall use a system of refuse disposal approved by Landlord.
Tenant shall not do, nor permit to be done, anything which may interfere with the
effectiveness or accessibility of the drainage system, sewerage system, fire protection
system, sprinkler system, alarm system and fire hydrants and hoses, if any, installed or
located on the Premises.
Tenant shall take measures to ensure reasonable security in accordance with generally
accepted and reasonable security procedures.
Tenant shall not do, nor permit to be done, any act or thing upon the Premises:
9.8.1. Which may constitute a hazardous condition so as to unreasonably increase the
risks attendant upon the operations permitted by this Lease; or
9.8.2. Which will invalidate or conflict with any fire insurance policies or regulations,
Uniform Fire Code, N.F.P.A. Standard No. 409 for operation of aircraft, and other
provisions as applicable to the Premises or other contiguous premises at the
Airport.
Tenant shall provide prompt written notice to Landlord of any person or entity
performing aircraft maintenance work, flight instruction, air taxi, charter or aircraft
leasing of any sort on the Premises for commercial purposes without a valid permit or
approval from Landlord.
9.10. Tenant shall conduct its operations in such a manner as to keep the noise produced by
aircraft engines and component parts thereof or any other noise to a minimum by the
use of such methods or devices as are practicable, considering the extent and type of
the operations of Tenant. In addition, all reasonable care, caution and precaution shall
be used to minimize prop or jet blast interference on the Premises to aircraft
operations, or to buildings, structures and roadways now located on, or which in the
future may be located on, areas adjacent to the Airport.
COMPLIANCE WITH LAW. Tenant shall not use the Premises or permit anything to be
done in or about the Premises which will in any way conflict with any law, statute, ordinance
or governmental rule or regulation now in force or which may hereafter be enacted or
promulgated. Tenant shall, at its sole cost and expense, promptly comply with all laws,
statutes, ordinances and governmental rules, regulations or requirements now in force or
which may hereafter be in force, and with the requirements of any board of fire insurance
underwriters or other similar bodies now or hereafter constituted which offer any opinions
relating to, or affecting the condition, use or occupancy of the Premises, excluding structural
changes not related to or affected by Tenant's improvements or acts. The judgment of any
court of competent jurisdiction or the admission of Tenant in any action against Tenant,
whether Landlord be a party thereto or not, that Tenant has violated any law, statute,
Page 8 of 18
ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as
between Landlord and Tenant.
11. ASSIGNMENT AND SUBLETTING.
Subject to Section 11.2. And to Tenant’s right to sublease or sale, subject to approval of
Landlord which approval shall not be unreasonably withheld, hangars to tenants for purposes of
storing aircraft, Tenant shall not assign or sublease any of its interest under this Lease, nor permit
any other person to occupy the Premises without the prior written consent of Landlord, such
consent not to be unreasonably withheld. Landlord, may, as a condition of approval, require that
any potential transferee submit biographical and financial information to Landlord at least thirty
(30) days prior to any transfer of Tenant’s interest. Upon completion of the construction of the
Hangars and completion and acceptance by Landlord of all improvements, Tenant may assign his
interests under this Lease subject to review and approval of such transfer by Landlord which
approval shall not be unreasonably withheld.
11.1. Tenant may mortgage, encumber or assign any portion of its right, title and interest in
the leasehold estate created by this Lease to lenders for purposes of financing the
initial construction of the capital improvements required by this Lease. Any such
mortgage, encumbrance or assignment shall be subject to all Tenants’ obligations
under this Lease. No person or entity shall have the right to place any mortgages,
deeds of trust, liens or encumbrances of any nature on the Premises, nor shall any
permitted assignment result in a subordination, in whole or in part, of Landlord’s
rights under this Lease.
11.2. Tenant may install signs on the Premises, subject to the Town of Wickenburg’s sign
ordinance and approval, in writing, by the Airport Director prior to installation.
12. INDEMNIFICATION. Landlord shall not be responsible or liable for any loss, theft, or
damage to property or injury to or death of Tenant or any person on the Premises (or about
the Premises due to activities on the Premises), except for Landlord and its agents and
assigns, and except for loss, theft or damage to property or injury or death of Tenant or other
person which results from Landlord’s negligence, and Tenant agrees to indemnify, defend,
and hold Landlord harmless therefrom.
12.1. Tenant agrees that Landlord shall not be liable or responsible for any loss, injury, death
or damage to persons or property which at any time may be suffered or sustained by
Tenant, customers, invitees or licensees using or coming onto the Premises unless such
loss, injury, death or damage to persons or property is caused by Landlord’s
negligence. If both parties are negligent, fault will be apportioned accordingly.
Tenant agrees to indemnify and hold Landlord harmless from any and all claims,
liabilities, losses, damages, costs and expenses whatsoever, arising from the use of the
Premises by Tenant’s agents, employees, customers, invitees or licensees.
12.2. If any person not a party to this Lease shall institute an action against Tenant which is
subject to this indemnity in which Landlord involuntarily and without cause shall be
made a party defendant, except for an action caused by Landlord’s acts or failure to act
when it was legally obligated to do so. If both parties are negligent, fault will be
apportioned accordingly. Tenant shall indemnify and defend Landlord through legal
counsel reasonably satisfactory to Landlord and shall save Landlord harmless from all
liabilities by reason thereof, including reasonable attorneys’ fees and all costs incurred
by Landlord in such action.
Page 9 of 18
12.3.
12.4.
Landlord shall give Tenant prompt notice of any claim made or suit instituted which
may subject Tenant to liability under this Section and Tenant shall have the right to
compromise and defend the same to the extent of its own interest. Landlord shall have
the right, but not the duty, to participate in the defense of any claim or litigation with
attorneys of Landlord’s selection without relieving Tenant of any obligations
hereunder. Tenant’s obligations hereunder shall survive any termination of this Lease
or Tenant’s activities at the Airport.
Notwithstanding anything to the contrary set forth herein, Tenant shall owe Landlord
no duty for indemnification for any loss, injury, death or damage that occurs outside
the Premises.
13. WAIVER OF SUBROGATION.
13.1.
13.2.
The parties release each other, and their respective authorized representatives, from
any claims for damage to any person or to the Premises and its improvements, and to
the fixtures and personal property that are caused by or result from risks insured
against under any insurance policies carried by the parties and in force at the time of
any such damage.
Each party shall cause each insurance policy obtained by it to provide that the
insurance company waives all right of recovery by way of subrogation against either
party in connection with any damage covered by any policy. Neither party shall be
liable to the other for any damage caused by fire or any of the risks insured against
under any insurance policy required by this Lease. If any insurance policy cannot be
obtained with a waiver of subrogation, or is obtainable only by the payment of an
additional premium charge above that charged by insurance companies issuing policies
without waiver of subrogation, the party undertaking to obtain the insurance shall
notify the other party of this fact. The other party shall have a period of ten (10) days
after receiving the notice either to place the insurance with a company that is
reasonably satisfactory to the other party and that will carry the insurance with a
waiver of subrogation, or to agree to pay the additional cost. If the insurance cannot be
obtained or the party in whose favor a waiver of subrogation is desired refuses to pay
the additional premium charged, the other party is relieved of the obligation to obtain a
waiver of subrogation rights with respect to that particular insurance involved.
14. LIABILITY INSURANCE.
14.1.
During the entire term hereof, Tenant shall keep in full force and effect a policy of
general public liability and property damage insurance with respect to the premises and
the businesses conducted by Tenant, in which the limits of public liability shall not be
less than $1,000,000 per person and $2,000,000 per occurrence, and in which the
property damage liability shall not be less than $2,000,000 per occurrence. Coverage
must include broad form contractual, broad form property damage and personal injury,
premises operations, independent contractors and subcontractors and fire damage. The
policy shall name Landlord as an additional insured, and shall contain a clause that the
insurance company will not cancel or materially change the insurance without giving
Landlord thirty (30) days prior written notice. The insurance shall be in an insurance
company authorized to do business in the State of Arizona and a copy of the policy or
certificate of insurance shall be delivered to Landlord.
Page 10 of 18
15.
16.
17.
18.
19.
14.2. Fire and extended casualty coverage for all improvements and fixtures on the
Premises, in an amount not less than the full replacement value thereof, to the extent
such coverage is available to Tenant.
14.3. Worker’s compensation and employer’s liability coverage in the amounts required by
law, if necessary
14.4. Landlord may increase such insurance limits if the standard insurance limits for
Landlord increase during the term of this Lease. Such increases shall be determined
when the rent is increased pursuant to Section 5.2 of this Lease.
SERVICES AND UTILITIES. Provision of utilities to the Premises shall be in accordance
with Paragraph 6.3. All costs for utilities are to be paid, before delinquent, by Tenant or its
assignees.
PROPERTY TAXES. Tenant shall pay, or cause to be paid, before delinquency, any and all
taxes levied or assessed and which become payable during the term hereof upon all Tenant's
leasehold improvements, equipment, furniture, fixtures and personal property located in the
Premises. In the event any or all of Tenant's leasehold improvements, equipment, furniture,
fixtures and personal property shall be assessed and taxed with the Premises, Tenant shall pay
to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord
of a statement in writing setting forth the amount of such taxes applicable to Tenant's
property.
HOLDING OVER. If Tenant remains in possession of the Premises or any part thereof after
the expiration of the term hereof, with the express written consent of Landlord, such
occupancy shall be a tenancy from month to month at a rental in the amount of the last
monthly rental, plus all other charges payable hereunder, and upon all the terms hereof
applicable to a month to month tenancy.
ENTRY BY LANDLORD.
18.1. Landlord reserves and shall at any reasonable time have the right to enter the Premises
which shall not include any hanger, inspect the same, supply service to be provided by
Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or
tenants and to post notices of non-responsibility.
18.2. Landlord shall not be required to repair any injury or damage by fire or other cause, or
to make any repairs of the Premises, of improvements and property of Tenant. Tenant
shall not be entitled to any compensation or damages from Landlord for loss of the use
of the whole or any part of the Premises, Tenant's personal property or any
inconvenience or annoyance occasioned by such damage.
F.A.A. REQUIRED PROVISIONS.
19.1. Tenant shall, in the event facilities are constructed, maintained or otherwise operated
on the Premises for a purpose for which a D.O.T. program or activity is extended or
for another purpose involving the provision of similar services or benefits, maintain
and operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations (“C.F.R.”), D.O.T., Subtitle
A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs
Page 11 of 18
19.2.
19.3.
19.4.
19,5.
19.6.
19°7.,
19.8.
of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of
1964, and any amendments thereto.
Tenant agrees that: (1) no person on the grounds of race, color, or national origin shall
be excluded from participation in, denied the benefits of or be otherwise subjected to
discrimination in the use of the Premises; (2) in the construction of any improvements
on, over or under the Premises and the furnishing of services thereon, no person on the
grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of or otherwise be subject to discrimination; and (3) Tenant shall
use the Premises in compliance with all other requirements imposed by or pursuant to
Title 49, C.F.R., D.O.T., Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and any
amendments thereto.
In the event of breach of any of the above nondiscrimination covenants, Landlord shall
have the right to terminate this Lease and to reenter and repossess the Premises and
hold the same as if this Lease had never been made or issued. This provision does not
become effective until the procedures of 49 C.F.R. Part 21 are followed and completed
including expiration of appeal rights. Landlord shall also give Tenant thirty (30) days’
written notice and a reasonable opportunity to cure any alleged breach of any
obligation set forth in this Section 19 before this Lease can be terminated or judicially
enforced.
Tenant shall furnish its accommodations and/or services on a fair, equal and not
unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and
not unjustly discriminatory prices for each unit or device; provided that Tenant may be
allowed to make reasonable and nondiscriminatory discounts, rebates or other similar
types of price reductions to volume lessees.
Non-compliance with this Section 19 shall constitute a material breach and Landlord
shall be entitled to the remedies set forth in Section 20 of this lease if Tenant fails to
cure such breach in accordance with Sections 19.3 and 20.3.
Tenant shall insert the above five provisions in any lease by which Tenant grants a
right or privilege to any person, firm or corporation to render accommodations and/or
services to the public on the Premises.
Tenant shall undertake an affirmative action program as required by 14 C.F.R. Part
152, Subpart E, to insure that no person shall on the grounds of race, creed, color,
national origin or sex be excluded from participating in any employment activities
covered in 14 C.F.R. Part 152, Subpart E. Lessee agrees that no person shall be
excluded on these grounds from participating in or receiving the services or benefits of
any program or activity covered by this Subsection. Tenant shall require its covered
suborganizations to provide assurances to Tenant that they similarly will undertake
affirmative action programs and that they will require assurances from their
suborganizations, as required by 14 C.F.R. 152, Subpart E, to the same effect.
Landlord reserves the right to further develop or improve the Airport as it sees fit,
regardless of the desires or view of Tenant, and without interference or hindrance.
Landlord shall develop or improve the Airport taking into account and without
impairing Tenant’ rights and those of Tenant's hanger lessees and the goals and
purposes of this Lease.
Page 12 of 18
19.9. This Lease shall be subordinate to the provisions and requirements of any existing or
future agreement between the Town of Wickenburg and the United States relative to
the development, operation or maintenance of the Airport. In the event any future
agreement between the Town of Wickenburg and the United States results in a
substantial impairment to Tenant's rights hereunder, Tenant shall have the option to
terminate this lease.
19.10. There is hereby reserved to Town, for the use and benefit of the public, a right of flight
for the passage of aircraft in the airspace above the surface of the Premises. This
public right of flight shall include the right to cause in said airspace any noise inherent
in the operation of any aircraft used for navigation of flight through said airspace or
landing at, taking off from or operation on the Airport.
19.11. Tenant shall comply with the notification and review requirements covered in Federal
Aviation Regulations (“F.A.R.”) Part 77 in the event future construction of a building
is planned for the Premises, or in the event of any planned modification or alteration of
any present or future building or structure situated on the Premises.
19.12. Tenant shall not erect nor permit the erection of any structure or object, nor permit the
growth of any tree on the Premises that exceeds the mean sea level elevations
contained in F.A.R. Part 77 or amendments thereto, or interferes with the runway
and/or taxiway “line of sight” of the control tower. If these covenants are breached,
Landlord reserves the right to enter upon the Premises and to remove the offending
structure or object and cut the offending tree, all of which shall be at the expense of
Tenant.
19.13. Tenant shall not make use of the Premises in any manner, which might interfere with
the landing and taking off of aircraft from the Airport or otherwise constitute a hazard.
If this covenant is breached, Landlord reserves the right to enter upon the Premises
and cause the abatement of such interference at the expense of Tenant.
19.14. Nothing in this Lease shall be construed to grant or authorize the granting of any
exclusive right within the meaning of Section 308a of the Federal Aviation Act of
1985 (49 U.S.C. 1349a).
19.15. If the F.A.A. or any other federal, state or local authority requires the relocation of the
Wickenburg Municipal Airport from its present location or if the Town of Wickenburg
desires to relocated the Wickenburg Municipal Airport, Tenant shall have the
following remedies:
19.15.1. Reimbursement of all costs, fees and expenses reasonably incurred by
Tenant in moving the improvements to the new location of the Wickenburg
Municipal Airport; or
19.15.2. At Tenant’s sole option, buy-out of Tenant’s interest in this Lease by the
payment of then fair-market value of the Lease considering all existing subleases; or
19.15.3. This Lease shall terminate.
20. DEFAULT. The breach of any of the above-mentioned provisions or the occurrence of any
one or more of the following events shall constitute a default and breach of this Lease by
Tenant.
20.1. The vacating or abandonment of the Premises by Tenant.
Page 13 of 18
20.2.
20.3.
20.4.
The failure by Tenant to make any payment of rent or any other payment required to be
made by Tenant hereunder, as and when due, where such failure shall continue for a
period of ten (10), business days after written notice thereof by Landlord to Tenant.
The failure by Tenant to observe or perform any of the covenants, conditions or
provisions of this Lease to be observed or performed by Tenant, other than described
in Paragraph 20.2., above where such failure shall continue for a period of thirty (30)
days after written notice thereof by Landlord to Tenant; provided, however, that if the
nature of Tenant's default is such that more than thirty (30) days are reasonably
required for its cure, then Tenant shall not be deemed to be in default if Tenant
commences such cure within said thirty (30) day period or for the time periods
required by notice in other sections of this Lease and thereafter diligently prosecutes
such cure to completion.
The making by Tenant of any general assignment or general arrangement for the
benefit of creditors not previously approved by Landlord; or the filing by or against
Tenant of a petition to have Tenant adjudged bankrupt, or a petition for reorganization
or arrangement under any law relating to bankruptcy unless, in the case of a petition
filed against Tenant, the same is dismissed within sixty (60) days; or the appointment
of a trustee or a receiver to take possession of substantially all of Tenant's assets
located at the Premises or of Tenant's interest in this Lease, where possession is not
restored to Tenant within thirty (30) days; or the attachment, execution or other
judicial seizure of substantially all of Tenant's assets located at the Premises or of
Tenant's interest in this Lease, where such seizure is not discharged in thirty (30) days.
21. LANDLORD'S REMEDIES IN DEFAULT.
21.1.
In the event of any such material default or breach by Tenant, which is not cured by
Tenant Landlord shall give Tenant notice of intention to cancel this Lease at the
expiration of ten (10) business days from the date of service of said notice. At the
expiration of said ten (10) days, if Tenant has not cured the default or breach, the term
of this Lease shall expire. Said notice shall contain a statement of the facts
constituting the default or breach by Tenant. Upon the expiration of the ten (10) days,
Landlord may:
21.1.1. Terminate Tenant's right to possession of the Premises by any lawful means, in
21.2
which case this Lease shall terminate and Tenant shall immediately surrender
possession of the Premises to Landlord. Landlord's remedy for Tenant's material
default under this Lease shall be limited to termination of the Lease, the cost of
recovering possession of the Premises, and reasonable attorney’s fees.
It is hereby understood and mutually agreed by and between Tenant and Landlord that
the date of beginning, rate of progress and the time for completion of the Airport
Hangars to be done hereunder are essential conditions of this lease; and it is further
mutually understood and agreed that the work embraced in this Lease shall be
complete on or before the dates set forth in Section 6.2 of this Lease. Tenant agrees
that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate
of time specified. It is expressly understood and agreed, by and between Tenant and
Landlord that the time for completion of the work shall be in the time as identified in
this Lease. If Tenant fails to perform such work on or before the dates set forth in
Section 6.2, Landlord has the right to terminate this Lease and assume ownership of all
improvements installed by Tenant or to seek damages from Tenant in the amount of
Page 14 of 18
22.
23.
24.
25.
TWO HUNDRED THIRTY-FOUR DOLLARS ($234) per month for each month said
improvements remain uncompleted.
TENANT'S REMEDIES AND DEFAULT.
22.1. Landlord shall be in default of this Lease if it fails or refuses to perform any provision
of this Lease that it is obligated to perform if the default cannot reasonably be cured
within thirty (30) days after notice of the default has been given by Tenant to
Landlord. If the default cannot reasonably be cured within thirty (30) days, Landlord
shall not be in default of this Lease if Landlord commences to cure the default within
the 30-day period and diligently and in good faith prosecutes such cure to completion.
22.2. Tenant, at any time after Landlord defaults, can cure the default at Landlord's cost. If
Tenant at any time, by reason of Landlord's default, pays any sum or does any act that
requires the payment of any sum, the sum paid by Tenant shall be due immediately
from Landlord to Tenant at the time the sum is paid, and if paid at a later date, shall
bear interest at the rate of eighteen percent (18%) per annum from the date the sum is
paid by Tenant until Tenant is reimbursed by Landlord. If Landlord fails to reimburse
Tenant as required by this Paragraph, Tenant shall have the right to withhold from
future rent due the sum Tenant has paid until Tenant is reimbursed in full for the sum
and interest on it.
OFFSET STATEMENT. Tenant shall at any time and from time to time upon not less than
ten (10) days prior written notice from Landlord execute, acknowledge and deliver to
Landlord a statement in writing, (a) certifying that this Lease is unmodified and in full force
and effect (or, if modified, stating the nature of such modification and certifying that this
Lease as so modified, is in full force and effect), and the date to which the rental and other
charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's
knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such
defaults if any are claimed.
TERMINATION RIGHTS.
24.1. If Tenant is unable to obtain all applicable building permits or obtain additional
information and conduct such studies, tests and surveys concerning the proposed
improvements with results satisfactory to Tenant then, within one hundred fifty (150)
days after executing this Lease, Tenant may terminate this Lease and all obligations
hereunder shall terminate and be null and void effective as of the date this Lease is
signed. All rent, which may have been paid, shall be returned to Tenant.
24.2. Notwithstanding anything stated herein to the contrary including without limitation
Paragraphs 6.5, 7.3 and 10 above, if any governmental entity or authority adopts any
law, regulation or directive that requires Tenant under the provisions of this Lease to
make modifications to the Premises the cost of which would be substantial and
prohibitive, Landlord and Tenant agree that at Tenant's option, the rent under this
Lease will be abated until Tenant has recouped a sum equal to the amount of the cost
actually incurred or the Lease may be terminated.
GENERAL PROVISIONS.
25.1. Plats and Riders. Clauses, plats and riders, if any, signed by Landlord and Tenant and
endorsed on or affixed to this Lease are a part hereof.
Page 15 of 18
25.2.
25.3.
25.4.
25.5.
25.6.
25.7.
25.8.
Waiver. The waiver by Landlord of any term, covenant or condition herein contained
shall not be deemed to be a waiver of such term, covenant or condition on any
subsequent breach of the same or any other term, covenant or condition herein
contained. The subsequent acceptance of rent hereunder by Landlord shall not be
deemed to be a waiver of any preceding breach by Tenant of any term, covenant or
condition of this Lease, other than the failure of Tenant to pay the particular rental so
accepted, regardless of Landlord's knowledge of such preceding breach at the time of
the acceptance of such rent.
Notices. All notices and demands that may or are to be required or permitted to be
fixed by either party to the other hereunder shall be in writing. All notices and
demands by Landlord to Tenant shall be sent by United States mail, postage prepaid,
addressed to Tenant at the below-mentioned address, or to such other place as Tenant
may from time to time designate in a notice to Landlord. All notices and demands by
Tenant to Landlord shall be sent by United States mail, postage prepaid, addressed to
Landlord at the below-mentioned address, or to such other person or place as Landlord
may from time to time designate in a notice to Tenant. :
TENANT: LANDLORD:
Dallas C. Gant Mr. Fred Carpenter or
1551 South Vulture Mine Road Current Town Manager
Wickenburg, Arizona 85390 155 N. Tegner, Suite A
Wickenburg, Arizona 85390
With copy by United States Mail to:
Craig L. Keller, Esq. Susan D. Goodwin, Esq.
Keller & Hickey, P.C. Kelly Y. Schwab, Esq.
4450 S. Rural Rd., Suite C-222 Martinez & Curtis
Tempe, AZ 85282-7020 2712 N. Seventh Street
Phoenix, Arizona 85006
Marginal Headings. The marginal headings and Article titles to the Articles of this
Lease are not a part of this Lease and shall have no effect upon the construction or
interpretation of any part hereof.
Time. Time is of the essence of this Lease and each and all of its provisions in which
performance is a factor.
Successors and Assigns. The covenants and conditions herein contained, subject to
the provisions as to assignment, apply to and bind the heirs, successors, executors,
administrators and assigns of the parties hereto.
Recordation. Neither Landlord nor Tenant shall record this Lease or a short form
memorandum hereof without the prior written consent of the other party.
Prior Agreements. This Lease contains all of the agreements of the parties hereto with
respect to any matter covered or mentioned in this Lease, and no prior agreement or
understanding pertaining to any such matters shall be effective for any purpose. No
provision of this Lease may be amended or added to except by an agreement in writing
signed by the parties hereto or their respective successors in interest. This Lease shall
not be effective or binding on any party until fully executed by both parties hereto.
Page 16 of 18
25.9. Inability to Perform. This Lease and the obligations of Landlord and Tenant hereunder
shall not be affected or impaired because Landlord or Tenant is unable to fulfill any of
its obligations hereunder or is delayed in doing so, if such inability or delay is caused
by reason of strike, labor troubles, acts of God or any other cause beyond the
reasonable control of Landlord or Tenant.
25.10. Attorneys' Fees. In the event of any action or proceeding brought by either party
against the other under this Lease, the prevailing party shall be entitled to recover all
costs and expenses including the fees of its attorneys in such action or proceeding in
such amount as the court may adjudge reasonable as attorneys' fees.
25.11. Sale of Premises by Landlord. In the event of any sale of the Premises, Landlord shall
be and is hereby entirely freed and relieved of all liability under any and all of its
covenants and obligations contained in or derived from this Lease arising out of any
act, occurrence or omission occurring after the consummation of such sale; and the
purchaser, at such sale or any subsequent sale of the Premises shall be deemed,
without any further agreement between the parties or their successors in interest or
between the parties and any such purchaser, to have assumed and agreed to carry out
any and all of the covenants and obligations of Landlord under this Lease.
25.12. Subordination, Attornment. Upon request of Landlord, Tenant will in writing
subordinate its rights hereunder to the lien of any first mortgage, or first deed of trust
to any bank, insurance company or other lending institution, now or hereafter in force
against the land and Building of which the Premises is a part, and upon any buildings
hereafter placed upon the land of which the Premises are a part, and to all advances
made or hereafter to be made upon the security thereof. In the event any proceedings
are brought for foreclosure, or in the event of the exercise of the power of sale under
any mortgage or deed of trust made by Landlord covering the Premises, Tenant shall
attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser
as Landlord under this Lease.
25.13. The provisions of this Article to the contrary notwithstanding, and so long as Tenant is
not in default hereunder, this Lease shall remain in full force and effect for the full
term hereof.
25.14. Severability. Any provision of this Lease which shall prove to be invalid, void or
illegal shall in no way affect, impair or invalidate any other provision hereof and such
other provision shall remain in full force and effect.
25.15. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive
but shall, wherever possible, be cumulative with all other remedies at law or in equity.
25.16. Choice of Law. The laws of the State of Arizona shall govern this Lease.
25.17. Future Cooperation. Landlord and Tenant shall execute such other documents and
take such other actions as are reasonably necessary to accomplish the purposes of this
Lease.
The parties hereto have executed this Lease at the place and on the dates specified
immediately adjacent to their respective signatures.
Page 17 of 18
TOWN OF WICKENBURG, Landlord
Lon MeDermoy/Mayor
ATTEST:
Donna Vivona, Town Clerk
APPROVED AS TO FORM:
Dallas C. Gant, Tenant
By.
Page 18 of 18
2162282
G4i14 LOS CAEBALLEROS + 16g2266829a
BUILDING LEGAL
BUILDING #5 WEST
A LEGAL DESCRIPTION FOR A BUILDING LOCATED IN THE NORTHWEST
QUARTER OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 5 WEST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 4, TOWNSHIP 7
NORTH, RANGE 5 WEST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, A FOUND BLM BRASS CAP;
’ THENCE SOUTH 89°51'32" EAST ALONG THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 301.82 FERT TO
A POINT ON THE SOUTHEAST PROPERTY LINE OF THE WICKENBURG
AIRPORT;
THENCE SOUTH 60°23'44" WEST ALONG THE ALIGNMENT OF SAID
SOUTHEAST PROPERTY LINE, A DISTANCE OF 4250,32;
THENCE NORTH 29°36']6" WEST, A DISTANCE OF 453.80 FEET TO THE TRUE
POINT OF BEGINNING,
THENCE NORTH 20°34'48" WEST, A DISTANCE OF 231.00 FEET;
THENCE NORTH 60°25']2" EAST, A DISTANCE OF 51.00 FEET,
THENCE SOUTH 29°34'48" EAST, A DISTANCE OF 231.00 FEET;
THENCE SOUTH 60°25'12" WEST, A DISTANCE OF 51.00 FEET TO THE TRUE
- POINT OF BEGINNING.
2008
BUILDING AREA IS 1178].000 SQUARE FEET OR 0.270 ACRES.
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