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HomeMy WebLinkAboutbocc.con.140.2007 CLERK'S CHECK LIST FOR CONTRACTS SUBMlTrED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 140-2007 Originating Department/Division: Airport Contact Person: Jim Elwood Project Name: Patio Shelter Lease D BOCC AGENDA ITEM (BOCC signature required) Phone #: 429-2851 IZISTAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 712005) Check procurement~e: DNone IZIInformal DFormal DSole Source DEmergency DState Bid D Check Contrad Tvoe: Dollar Amount: $6,720 DServicesIMaintenance DLicense/Use IZlLease DConstruction DGoods, Equipment, Supplies DOther (e.g. revenue) Contractor/Business N/A Contract Execution 9/1/2007 Automatic Renewal N Budget Line ItemlLedger Nnmber 404.69.91458.63999 DEmployment (for county employees) DIntergovernmental Agreement (Requires BOCC Action) DNon-Profit DQuasi-Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment Complete Name: Obermeyer Asset Management Contract End Date: 8/31/2008 Term of Contract: 9/1/2007-8/31/2008 All Contracts should be proofed for the following: lZINo Pages Missing IZIIf a Page is Left Intentionally Blank -Note on Page IZIPage numbered consecutively ~AlI Signatures Affixed IZIAlI Dates Filled In IZIAlI Other Blanks Filled In ~AlI Exhibits Attached IZIAll Legal Descriptions Attached (if appropriate) DNotice of AwardlProceed Attached (if appropriate) DSpecial Instructions for Finance Department: IZISent to Clerk and Recorder for Scanning/Archiving IZIAuthorized Staff Person's Name: Jim Elwood BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Amended 10_16_06 1'11'1. RECEPTION#: 542123, 09/17/2007 at 04:22:44 PM, 1 OF 13, R $0.00 Doc Code LEASE Janice K. Vos Caudill, Pitkin County, CO PATIO SHELTERIL\NGAR ANNUAL LEASE AGREEMENT TIDS PATIO SHELTER HANGAR LEASE AGREEMENT, is entered into and effective this (day of moth, Year,) by and between the PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Colorado ("BOCC") and [Obermeyer Asset Management Comp.any] ("Lessee"). RECITALS A. The BOCC owns and operates Sardy Field, the AspenlPitkin County Airport, located in Aspen, Pitkin County, Colorado ("Airport"). B. Lessee, [Wally Obermeyer], wishes to lease a patio shelter-type hangar, located on the Airport, and to store aircraft owned or leased by the Lessee in that hangar. NOW, THEREFORE, in consideration of the above Recitals and the mutual promises and representations set forth below, the parties hereby agree as follows: ARTICLE I. LEASED PREMISES A. The BOCC hereby leases to Lessee, and Lessee hereby leases from the BOCC, a parcel of real property on the Airport designated of the following described size: [Medium], to be designated as Patio Hangar Space No. A-13, to be as shown on the map to be attached hereto as Exhibit A and incorporated herein by this reference when completed by the BOCC, and any and all rights, privileges and appurtenances herein described as belonging to said space, subject, however, to all restrictions and other encumbrances of record. The parcel of real property shall hereinafter be referred to as the "Leased Prentses". B. Lessee is also granted the nonexclusive right to utilize such Airport runways, taxiways, and public use aprons ("airfield areas"), and such other rights of way and access across the Airport ("Airport rights of way"), as necessary for ingress and egress to its Leased Premises, and to the extent necessary to enable Lessee to utilize the Leased Premises for the purposes discussed herein. Lessee's use of said airfield areas and other Airport rights of way shall be on a nonexclusive, non-preferential basis with other authorized users thereof. Lessee shall abide by all directives of the BOCC, the Federal Aviation Administration ("FAA") and any other governmental entity having jurisdiction over the Airport, governing their use of said airfield areas and other Airport rights of way, either alone or in conjunction with other authorized users thereof. Furthermore, the BOCC may from time to time increase or decrease the size or capacity of any airfield areas and other Airport rights of way or facilities (other than the Leased Premises), make alterations thereto, reconstruct or relocate them, modify the design and type of construction I of 11 . permanently, without being liable for any damages that may be caused Lessee thereby, and without being deemed to have terminated this Agreement as a result thereof C. BOCC reserves the right to subordinate. the provisions of this Lease to the provisions of any future agreement between the BOCC and the United States Government relative to the operation, maintenance or development of the Allport which agreement may be required as a condition precedent to the expenditure of Federal Funds for the development, maintenance or operation of the Allport, if such an Agreement is entered into between the County and the United States Government, the parties agree to execute an amendment to this Lease so as to remove any material inconsistencies between this document and any agreement with the United States Government Furthermore, in the event that by reason of any such agreement with the United States Government as aforesaid, it becomes necessary to modify, relocate or remove any improvements or other structures situated on the Leases Premises, or to move the Leased Premises itself, Lessee agrees to modify, relocate or remove any such improvements or structures, or to move to a new location for the Leased Premises, as directed by BOCC and BOCC shall compensate and reimburse Lessee for reasonable damages, costs and expenses (including modification, removal or relocation costs) suffered or incurred by Lessee in consequence thereof If, due to the conditions of any agreement between the BOCC and the United States government, the Leased Premises cannot be relocated at the Airport, the BOCC has the right to terminate this lease upon sixty (60) days notice to the Lessee by paying to the Lessee the then unamortized cost of the Lease as of the date of termination. ARTICLE II. GRANT OF USE A. The BOCC hereby grants Lessee the exclusive right to use the Leased Premises to store aircraft owned or leased by Lessee, or by any entity in which the Lessee has a bona fide ownership interest, and Lessee's automobile when the aircraft is in use. The Lessee understands that restrictions, including any prohibition required by County, state or federal law , may apply to the parking of automobiles. The restrictions will be at the discretion of the Airport Director. All uses by the Lessee shall be in compliance with the rules and regulations of the Allport and with all FAA regulations. The Lessee shall always keep the BOCC advised of the type of aircraft stored in the Leased Premises, and the tail number of that aircraft. In addition, Lessee may'sub- let the Leased Premises subject to the conditions in Article XXI. B. Lessee shall not use, nor permit others to use, the Leased Premises, and any improvements thereon, to store automobiles or equipment unrelated to Lessee's use of the Leased Premises under this Agreement; to fuel any aircraft or vehicles in any manner that would violate the regulations of the Airport, or for any other purpose than Lessee's aeronautical services and activities authorized by Subparagraph A above, unless the BOCC authorizes Lessee, in writing, to use the Leased Premises, and any improvements thereon, for said additional purposes. ARTICLE III. TERM 2 of 11 ARTICLE m. TERM A. The initial term of this Patio Shelter Hangar Lease Agreement shall be deemed to commence at 12:01 a.m. on (September 1"t, 2007") and shall terminate at midnight on (August 31"t, 2008). The Lessee may terminate the Lease upon thirty (30) days notice to the BOCC, provided that in that event, the Lessee shall not be entitled to the return of any prepaid unamortized cost of the Lease. The Lessee may extend the term of the contract on a monthly basis in the event that a Small shelter is anticipated to be purchased within 6 months of this termination date. ARTICLE IV. RENT AND OTHER FEES A. Rent. 1. The monthly rent for the Leased Premises shall be: [$560.00]. The initial rent shall consist of the first month's rent, the last month's rent and a security deposit equivalent to one month's rent. Rent will be paid in advance and will be billed monthly. The Lessor may increase the monthly rent once per year. Any changes made in the monthly rent will be noticed prior t<> January I sl of each year and shall be in effect for the remainder of the year. B. Payment of Fees. 1. All billing for monthly payments for ground rent and other costs will be made by Atlantic Aviation, on behalf of the BOCC. Payment will be made to Atlantic Aviation, who will forward the collected payments to the BOCC. C. Interest. Any ground rental or other monies owed to the BOCC under this Lease Agreement which are not received when due, or any monies paid by the BOCC on Lessee's behalf which were Lessee's responsibility under this Lease Agreement, shall accrue interest at the rate of one and one-half percent (1 Ji2%) per month from the due date or date when the BOCC made payment on Lessee's behalf, until receipt of full payment from Lessee. Any payments received shall be applied first to accrued interest, and then to the reduction of the actual amounts owed by Lessee. ARTICLE V. IMPROVEMENTS During the term of this Lease, Lessee shall have no right to construct any improvements, alterations, or additions to the Leased Premises, or to any improvements presently located thereon, in furtherance of Lessee's authorized use of the Leased Premises without the written consent of the BOCC, which may be withheld at the discretion of the BOCC. 3 of 11 B. During the term of this Lease, Lessee agrees to keep Leased Premises in a safe and clean condition, and to not permit any unsightly accumulation of wreckage, debris, or trash where visible to the general public visiting or using the Airport. ARTICLE VII. DAMAGE TO AIRPORT Lessee shall be liable for any damage to the Airport and to any improvements thereon caused by Lessee, its officers, agents, employees, contractors, subcontractors, assigns, subtenants, customers, guests, invitees, or anyone acting under its direction and control, ordinary wear and tear excepted. All repairs for which Lessee is liable may be made by Lessee at its own expense, provided that said repairs are made timely and to the BOCC's satisfaction as to the quality of repair or, ifnot timely or satisfactorily made by Lessee, then by the BOCC at Lessee's expense. ARTICLE VIII. DEFAULT AND REMEDIES A. Events of Default. The following shall constitute defaults by Lessee: 1. Failure to pay montbly operational fees or electrical engine heating fees, or any other monies owed hereunder, or under any other agreements between the parties, when such monies are due, and the failure to cure said delinquency within a period of ten (10) days following written notice of said delinquency; 2. Any other failure in the performance of any covenant or obligation required herein, and the failure to cure said delinquency within a period of thirty (30) days following written notice of said delinquency; 3. The acquisition of Lessee's interest in this Lease Agreement by execution or other process of law when said process of law is not discharged within fifteen (15) days thereafter; and 4. Lessee's general assignment of its rights, title and interest hereunder for the benefit of creditors; or the appointment of a receiver for Lessee's property if the appointment is not vacated within ninety (90) days. 5. Filing by or against Lessee in any court pursuant to any statute either of the United States or of any state, of a petition of bankruptcy or insolvency, or reorganization, or the appointment of a receiver or trustee, of all or a portion of Lessee's property if, within sixty (60) days after commencement of any such proceedings involving Lessee, such petition shall not have been dismissed 4 of 11 B. Remedies Ullon Default. Upon the occurrence of any of the events of default set forth in Subparagraph A above, the BOCC may exercise anyone or more of the following remedies. These remedies shall be cumulative and not alternative: 1. The BOCC may sue for specific performance; 2. The BOCC may sue for recovery of all damages incurred by the BOCC, including incidental damages, consequential damages, if any, and reasonable attorneys' fees; 3. The BOCC may terminate this Lease Agreement and, at the option of the BOCC, any other agreement in effect between the parties. The termination of these agreements, however, shall only be effective upon written notice of same provided by the BOCC to Lessee. In no event shall this Lease be construed to be terminated unless and until such notice is provided. The termination may be effective immediately upon provision of said notice, or at any other time specified in the notice. If this Lease is terminated, Lessee shall continue to be liable for: (a) the performance of all terms and conditions, including the payment of all monthly ground rent and all other monies due or accrued hereunder prior to the effective date of said termination; and (b) all damages, including attorneys' fees and other expenses of collection, incurred as a result of any default. 4. Without terminating the Lease by so doing, and without further notice to Lessee, BOCC may re-enter the Leased Premises with or without process of law, repossess the Leased Premises and all fixtures and improvements thereon, and remove Lessee and any third parties who may be occupying or within the Leased Premises and all of their respective personal property, by using either such reasonable force as may be necessary, summary proceedings, ejectment, or any other means, the BOCC, in its sole discretion, deems appropriate without being deemed guilty of any trespass, eviction,. or forcible entry and detainer by so doing. In such case, the BOCC shall be obligated to attempt, in good faith, to negotiate the reletting of tJI.e Leased Premises, and any improvements thereon, or any portion thereof, on behalf of Lessee, for such period of time and upon such terms and conditions as the BOCC deems appropriate. The BOCC shall in no way be obligated under the terms of this subparagraph to relet all or any portion of the Leased Premises, or any improvement thereon, to any third party, or upon terms and conditions, that are not acceptable to the BOCC, or which the BOCC, in its sole discretion, does not feel to be in the best interests of the Airport; nor shall the BOCC be responsible for any failure by the sublessee or new tenant to pay rent or to perform any other conditions due upon such reletting. Lessee hereby expressly authorizes BOCC to make any reasonable repairs or renovations necessary to relet the Leased Premises, or any improvements thereon, on Lessee's behalf Assuming BOCC attempts to relet the Leased Premises, in good faith, whether or not BOCC is able to relet the Leased Premises, Lessee shall remain liable for the performance of all terms and conditions of the Lease and the payment of all monies due under the Lease for the remainder of the leasehold term, although Lessee sball receive credit for any monies paid or conditions performed as a result of reletting. Lessee shall also be responsible for reimbursing the BOCC for all costs and expenses the BOCC incurs in reletting or attempting to relet the Leased Premises, 5 of 11 including reasonable repair and renovation costs. Finally, if, as a result of such reletting, BOCC becomes entitled to receive excess rentals or other benefits over and above what BOCC would have been entitled to receive under this Lease Agreement, BOCC shall be entitled to retain all such surplus rentals and other benefits, and Lessee shall have no rights or interest therein. 5. The BOCC may utilize any other remedy provided by law or equity as a result of any events of default. C. Force Maieure. Any defaults by either of the parties in the performance of any of the terms and conditions Gontained herein shall be excused where due to force majeure, which, among other things, shall include natural catastrophes such as hurricanes, tomadoes, or floods, acts of God, acts of war, and governmental statutes, regulations, directives, or contracts governing the operation of the Airport, with which the BOCC or Lessee must comply. ARTICLE IX. COMPLIANCE WITH STATUTES. RULES. REGULATIONS. DIRECTIVES A. Lessee shall observe and obey all statutes, rules, regulations and directives promulgated by the BOCC and other appropriate local, state and federal entities having jurisdiction over the Airport, including the Federal Aviation Administration ("FAA") and the Environmental Protection Agency. Without limiting the foregoing, Lessee agrees to utilize its Leased Premises, and the common areas of the Airport, and all improvements thereon, in compliance with the Federal Aviation Regulations, including all amendments hereafter made, embodied in 49 C.F.R. Parts 107 and 108, which are specifically incorporated and made a part of this Lease Agreement. Lessee further agrees to perform all of its operations authorized hereunder in accordance with all of the tenns and conditions of the rules and regulations for the Airport as the same may be amended from time to time. If there is any inconsistency between the terms of this Agreement, and the rules and regulations for the Airport, the tenns of this Agreement shall control. Lessee further agrees to comply with all verbal and written directives of the Airport Director regarding Lessee's use of the Leased Premises, the Airport's airfields and ramps, and other common areas elsewhere on the Airport. 6 of 11 B. Should Lessee, its officers, agents, employees, customers, guests, invitees, subtenants, assigns, contractors or subcontractors violate any local, state or federal law , rule or regulation applicable to the Airport, and should said violation result in a damage award, citation or fine against the BOCC, then Lessee shall fu11y reimburse the BOCC for said damage award, citation or fine and for all costs and expenses, including reasonable attorneys' fees, incurred by BOCC in defending against or satisfying the award, citation or fine. ARTICLE X. INSPECTION At any time, the BOCC may inspect the Leased Premises, and any improvements, fixtures or equipment thereon. ARTICLE XI. OUIET ENJOYMENT Tbe BOCC expressly covenants and represents that upon payment of fees when due and upon performance of all other conditions required herein, Lessee shall peaceably have, possess and enjoy the Leased Premises and other rights herein granted, without hindrance or distuIbance from the BOCC, subject to the BOCC's various rights contained elsewhere in this Agreement. ARTICLE XII. REPRESENTATIONS Tbe BOCC expressly covenants and represents that it is the owner of the Leased Premises, and has the right and authority to enter into this Lease Agreement and grant the rights contained herein to Lessee. With respect to Lessee, the undersigned warrants and represents that he is authorized to execute this Lease on Lessee's behalf and shall be bOlmd as a signatory to this Lease by his execution of this Lease. ARTICLE XIII. WAIVER Should Lessee breach any of its obligatious hereunder, the BOCC nevertheless may thereafter accept from Lessee any payment or payments due hereunder, and continue this Lease Agreement in effect, without in any way waiving the BOCC'sright to exercise and enforce all available default rights hereunder, or any other remedies provided by law, for said breach. In addition, any waiver by either party of any default, breach or omission of the other under this Lease Agreement shall not be construed as a waiver of any subsequent or different default, breach, or omission. ARTICLE XIV. NOTICE 7 of 11 ARTICLE XIV. NOTICE Any and all notices required herein to be made by either party to the other shall be written notice made by depositing such notice, correctly addressed, via certified mail of the United States' of America, postage prepaid, and such notice shall be deemed to have been served on the date of such depositing. All notices to the BOCC shall be mailed to: Airport Director AspenlPitkin County Airport 0233 East Airport Road Aspen, CO 81611 All notices to Lessee shall be mailed to: Obermeyer Asset Management CO. Obermeyer Place 501 Rio Grande PI. Suite 107 Aspen, CO 81611 Each party may, from time to time, change the address to which notices to said party are to be sent, by providing written notice of said change of address to the other party in accordance with the procedure set forth in this Article. ARTICLE XV. RELATIONSHIP OF PARTffiS It is understood that the BOCC is not in any way or for any purpose partner or joint venturer with, or agent of, Lessee in its use of the Leased Premises or any improvements thereon. ARTICLE XVI. PARTIAL INVALIDITY If any term or condition of this Lease Agreement or the application thereof to any person or event shall to any extent be invalid and unenforceable, the remainder of this Lease Agreement and the application of such term, covenant or condition to persons or events other than those to which it is held invalid or unenforceable shall not be affected and each term, covenant and condition of this Lease Agreement shall be valid and be enforced to the fullest extent permitted bylaw. ARTICLE XVII. SUCCESSORS The provisions, covenants and conditions of this Lease Agreement shall bind, and inure to the benefit of, the legal representatives, successors and assigns of the parties hereto. 8 of 11 ARTICLE xvm. ATTORNEYS' FEES. COSTS AND EXPENSES OF LITIGATION In the event of a breach of this Lease Agreement, the breaching party shall pay to the non- breaching party all reasonable attorneys' fees, costs and other expenses, incurred by the non- reaching' party in enforcing its rights as a result of said breach. ARTICLE XIX. ASSIGNMENT AND SUBLEASE A. Lessee shall not assign its interest nor sublease the Leased Premises. ARTICLE xx. SURRENDER UPON TERMINATION Upon the expiration or sooner termination of this Lease Agreement, for any reason whatsoever, Lessee shall peaceably surrender to the BOCC possession of the Leased Premises, together with any improvements, fixtures or personal property of the BOCC thereon, in as good a condition as the Leased Premises, and improvements, fixtures and personal property were initially provided to Lessee, ordinary wear and tear excepted, without any compensation whatsoever, and free and clear of any claims of interest of Lessee or any other third party whomsoever. Lessee shall restore the Leased Premises, and other improvements from which the fixtures or property were taken (if the improvement involved is not also being removed from the Leased Premises), to good condition and repair. ARTICLE XXI. HAZARDOUS WASTEIENVIRONMENTAL POLLUTION Lessee shall be solely responsible for the prevention, control and cleanup of all fuel, gas and oil leaks and spills, hazardous waste, lavatory waste and other enviromnental pollution caused by Lessee's operations in the Leased Premises, in accordance with applicable local, state and federal laws and regulations, and it shall hold the BOCC harmless from said prevention, control and cleanup costs and obligations. The parties each reserve their various claims and defenses against one another for the cleanup of any enviromnental pollution that occurred on the Leased Premises prior to the commencement date of Lessee's leasehold term hereunder. It is noted that in the ordinary course of storing and parking aircraft that some minor fuel and oil spillage shall occur and that Lessee shall have no extraordinary obligation for clean up of such spills. 9 of 11 ARTICLE XXII. EMINENT. DOMAIN A. In the event that all or any portion of the Leased Premises is taken for any public or quasi-public pmpose by any lawful condemning authority, including the BOCC, exercising its powers of eminent domain (or in the event that all or any portion of the Leased Premises is conveyed to such a condenming authority in settlement and acceptance of such condemning autlJority's offer to purchase all or any portion of the Leased Premises in connection with its threat to take said areas under power of condemnation or eminent domain), the proceeds, if any, from such taking or conveyance shall be allocated between the BOCC and Lessee according to the applicable Colorado law of eminent domain; provided, however, that in the event of condemnation, the Lessee shall be compensated no less than the unamortized cost of the Lease as of the date of condemnation. If a portion of the Leased Premises is so taken or sold, and as a result thereof, the rflln~;n;ng part cannot be used reasonably to continue the authorized pmposes contemplated by this Lease Agreement as set forth in Article II in an economically viable manner, then this Lease Agreement shall be deemed tenniuated at the end of a period of sixty (60) days following said taking or conveyance. In that event and at that time, Lessee shall surrender the Leased Premises to the BOCC and all of the BOCC's fixtures and personal property thereon, and Lessee may remove its improvements, fixtures and personal property located upon the Leased Premises, in accordance with the provisions of Article XXIII above. ARTICLE XXIII. RENEWAL LeSSee has no guaranteed or preferential right, as against other third parties, of reletting the Leased Premises, or any improvements thereon, following termination of this Lease. Should Lessee desire to relet the Leased Premises following the expiration or sooner termination of this Lease, Lessee shall submit an application for lease in accordance with Airport leasing rules and regulations in effect at that time. Lessee's application will be reviewed by the BOCC, along with all other applications, if any, in accordance with then applicable Airport leasing rules and regulations. ARTICLE XXIV. GOVERNING LAW AND VENUE This Lease shall be interpreted in accordance with the laws of tlJe State of Colorado and applicable federal law. Lessee further agrees that should eitlJer party believe it necessary to file suit to inteIpret or enforce any provisions of this Agreement, the exclusive venue and jurisdiction for said lawsuit shall be in tlJe Pitkin County, Colorado District Court, or if federal court jurisdiction would be appropriate, then in the Federal District Court in Denver. ARTICLE XXV. HOLDING OVER If Lessee remains in possession of the Leased Premises after tlJe expiration of tlJis Lease 10 of 11 Agreement without any written renewal thereof, such holding over shall not be deemed as a renewal or extension of this Lease Agreement but shall create only a tenancy from month to month which may be terminated at any time by the BOee upon thirty (30) days written notice. Such holding over shall otherwise be upon the same terms and conditions as set forth in this Lease Agreement; provided, however, that the monthly rent shall be at a rate equal to One Hundred Percent (100%) of the then current monthly rent for similar patio shelter hangar space to the Leased Premises. ARTICLE XXVI. ENTIRE AGREEMENT This writing, together with the exhibits attached hereto, is the entire agreement of the parties regarding the establishment of their leasehold arrangements. No representations, warranties, inducements or oral agreements previously made between the parties regarding the establishment of tiIeir leasehold arrangements shall continue unless stated therein. This Lease Agreement shall not be changed or modified, except in writing, signed by both parties. DONE AND EXECUTED on the date first above written. ASPENIPITKIN COUNTY.AlRPORT LESSEE By: By: ~~r Wally ObermeYer f'~iJ~nt Ot.'d"........~or.(" ~;~.. ,^"A<4~~4 Go 11 of 11 Patio Shelter Hanger Lease Rent and Fees 01/01/2007 thru 12/31/2007 Shelter Numbers (To Be Determined) Shelter Numbers Small Medium Laroe X Laroe XX Laroe XXX Laroe! Size Select Patio Shelter Size: ~I X $37000 $42000 $46 000 $50 000 $56 000 $66 000 Payment Option: Monthly lNse Monthly Rent (Includes O&M Fees and Ground Rent I $4911 $560 1 $6141 $6671 $7461 $880 , Monthl Char as Monthly O&M and Administrative Fees Monthl Ground Rent Total Monthl Ground, O&M and Admin. Fees Plus Electrical @ $35JmonthlEngine for DeC.-March. -.mJ-.mJ~~--.mJ.-ml 1 Monthly Ground, O&M, Administrative Fees and Electrical Costs are subject to yearly escalation and/or change pursuant to Article IV., Paragraph B-1. 2007 Patio Shelter Analysis/Input Sheet 4% Increase In Ground Rent Pro sed ell ital Cost Coun S Sack Amortization Rate lease Term ears $ 2 008 000 7% 15 A16, A17, 816, Al-A15, 81 817 815 Cl.c9 C10-Cll C12-C15 C16-C17 IShelter Size 1 To1al Small Medium Laroe X La-= XX L.arae XXX Laroe I 49/ 41 301 41 41 51 21 5 4 1 0 0 0 0 14 0 11 1 1 1 0 30 0 18 3 3 4 2 Percentaae Breakdown of CanitallO&M and Other Costs \ 2.041% 1.68%1 1.91%1 2.09%1 2.27% 2.54%\ 2.99%~ 100% 6.72%1 57.17%1 8.35%1 9.07%1 12.70%1 5.99%1 $37 000 $42000 $46 000 $50 000 $56 000 $66 000 $2 204 000 $148000 $1 260 000 184 000 $200 000 $280 000 $132 000 Iproposed QIy Initial Indicated Sid" Uos Monthly 1/2 Down Full Down Averanel49 Units Proposed WeightinglShelter Total Wei"htlShe~er Size I Ca ital COsllPricin Cost per Unit Total for Units This Size Variable Costs Ground Rent $ o&M and Admin. $ Sub-Talal Variable Cost $ Plus $35 per engine per month Deo-Mar 65 683 22 040 87 723 ~l-.mJ~I.-ulI..-:IlJ~ Initial O&M and Administrative Costs Based Unnn Various PercentM'lU 1.0% $ 22 040 $ 31 $ 35 $ 38 $ 42 $ 47 $ 55 2.0% $ 44 080 $ 62 $ 70 $ 77 $ 83 $ 93 $ 110 2.5% $ 55100 $ 77 $ 68 $ 96 $ 104 $ 117 $ 138 Mo Ih M IhR IF. n To on enta t'KlUres Interest Ratel 7.0% Terml 15 Amortized Cost $333 $378 $413 $449 $503 $593 o&MCOsts $ 125 $ 145 $ 159 173 $ 192 $ 228 Profit CO I 10% $33 $38 &41 $45 $50 $59 Total ....1 $590 $814 $887 $748 $880 Capllal Cool MonthJ Ground Rent O&M and Administrative Pa nt $ $37 000 $42 000 $46 000 $50 000 $56 000 125 $ 145 $ 159 $ 173 $ 192 $ $66 000 228 2007 Patio Shelter Exhibits Band Cllnp" sheet.xls; Suggested Prices_Inputs 81912007; 9:11 AM