Exhibit 10.7
Amendment of Correction to Amended Lease Between Pinal County and Evergreen
Air Center, Inc., Dated June 12, 1992
Pinal County is the Lessor of the Leased Premises described in June 12,
1992, Amended Lease and is hereinafter referred to as "Pinal," and Evergreen Air
Center, Inc., is the tenant of the Leased Premises and is hereinafter referred
to as "Tenant."
WHEREAS, under section 21 of the Amended Lease, Tenant is responsible for
providing fire protection for the Leased Premises, which includes the land
described therein and all buildings, facilities and improvements situated on the
land; and
WHEREAS, there is a history of Pinal stationing fire equipment at the
Leased Premises for use by the Tenant in providing fire protection to the Leased
Premises due to the distance to the nearest fire protection services; and
WHEREAS, the provisions covering the equipment and use thereof being
inadvertently omitted from the Lease; and
WHEREAS, it is in the best interest of the Pinal to station fire protection
equipment at the Leased Premises for operation and maintenance by Tenant for
fire protection for the Leased Premises.
THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, Pinal and Tenant hereby mutually agree to correct the
Amended Lease between Pinal and Tenant dated June 12, 1992, by adding to the
Amended Lease the following inadvertently, omitted terms, conditions and
provisions:
Section 21.1 Tenant may use any and all fire equipment, including but not
limited to a fire truck, stationed by Pinal at the Leased Premises to provide
fire protection at the Leased Premises, and Tenant may enter into reciprocal
agreements in the use of said equipment to secure additional fire protection
services for the Leased Premises. The stationing of fire equipment is at the
discretion of Pinal and may be removed by Pinal at any time. If an emergency
arises whereby Pinal needs the fire equipment, Pinal shall have priority over
the use of the fire equipment. Pinal shall determine what constitutes an
emergency. After the emergency, the fire equipment may be returned to the Leased
Premises.
1
Section 21.2 Tenant shall be responsible for the operation, maintenance and
repair of the fire equipment, without cost to Pinal. Tenants shall maintain
records of equipment maintenance which shall be made available for Pinal's
review upon Pinal's request. Operators of the fire equipment will be under the
supervisory control and direction of Tenant and will not be employees of Pinal
and the operators will not be entitled to any salary or benefits from Pinal.
Section 21.3 In addition to the liability insurance requirement in Section
8 of the Amended Lease and without limiting any of Tenant's obligations or
liabilities, Tenant, at its own expense, shall purchase and maintain from
responsible insurance carriers licensed to do business within the State of
Arizona motor vehicle liability insurance with a minimum coverage of a combined
single limit for bodily injury and property damages of not less than One Million
Dollars ($1,000,000.00), each occurrence. The insurance coverage shall name
Pinal County, its agents, representatives, directors, officials, employees and
officers as Additional Insureds and shall specify that said insurance shall be
primary insurance and that any insurance coverage carried by Pinal, its agents,
representatives, directors, officials, employees and officers shall be excess
coverage, and not contributory coverage to that provided by Tenant. Said
insurance shall be maintained in full force and effect throughout the entire
term of the Amended Lease. Tenant shall furnish Pinal with copies of policies
verifying that the policies provide the required coverages, conditions, and
limits required under this provision. Such evidence shall be sent directly to
County Manager, Pinal County, X.X. Xxx 000, Xxxxxxxx, XX 00000
Section 21.4 To the fullest extent permitted by law, Tenant shall
indemnify, defend and hold harmless Pinal, its officials, employees and agents
from all suits, actions, claims, demands, losses, costs or damages of every kind
and description, including any attorneys' fees, arbitration and litigation
expenses, which may be brought or made against or incurred by Pinal on account
of injuries, death or damages received or sustained by any person, persons or
property on account of any negligent or wilful act, omission, neglect or
misconduct of Evergreen, its employees, agents or anyone acting on its behalf
arising out of or caused by or as the result of the use of the fire equipment by
Tenant, its employees, agents or anyone acting on its behalf or the provision of
fire protection services by Tenant, its employees, agents or anyone acting on
its behalf or arising out of any reciprocal fire protection agreement. Such
indemnity shall not be limited by reasons of remuneration of any insurance
coverage.
The provisions, terms, and conditions enumerated above are added and
incorporated into the June 12, 1992, Amended Lease as though wholly enumerated
on that date, and the provisions, terms and conditions enumerated above are the
only changes to the Amended Lease. There are
2
no deletions or revisions to the other provisions of the Amended Lease and those
provisions remain in full force and effect.
This Amendment of Correction is entered into and agreed to this 1/st/ day
of July 1998.
Pinal County, a political subdivision
of the State of Arizona, by and
through its Board of Supervisors
By: /s/ Xxxxxx Xxxxx
----------------------------
Xxxxxx Xxxxx
Chairman of the Board
ATTEST:
By: /s/ Xxxxx Xxxxxxx
---------------------------
Xxxxx Xxxxxxx
Deputy Clerk of the Board
Evergreen Air Center, Inc.
By: /s/ Xxxxxx X. Xxxxxx, XX.
-----------------------------
Its President
----------------------------
(Title)
The foregoing instrument was acknowledged before me, a Notary Public, this 1 day
of July, 1998, by Xxxxxx X. Xxxxxx Xx. of Evergreen Air Center, an Oregon
corporation, who being authorized to do so, executed the foregoing instrument on
behalf of the corporation for the purposes stated therein.
By: /s/ Xxxxxx X. Xxxxx
----------------------------
Xxxxxx X. Xxxxx
Notary Public
My Commission Expires:
My Commission Expires Aug 8, 1989
-----------------------------------
3
