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HomeMy WebLinkAboutbocc.con.054.1973~,~~,~-~,~ ~ ~~ - ~ ~ 7 3 AGREEMENT THIS AGREEMENT is made and entered into this 19th day of October , 1973, between ROCKY MOUNTAIN AIRWAYS, INC. (hereinafter referred to as "ftocky Mountain"), and TI~iZE PITKIN COUNTY AIRPORT AUTHORITY (hereinafter referred to as "the County" or "Authority"): WITNESSETH: WHEREAS, Rocky Mountain desires to utilize Sardy Fi.eld Pitkin County, Colorado, hereinafter called "Airport," for na.ght flights and is willing to install runway lights at the Airport for that purpose; and WHEREAS, the County requires the observance of regula- tions applicable to federally assisted airports which prohibit the grant of exclusive authority to conduct such operations at the airport; NOW, THEREFORE, the parties hereto, in consideration of the mutual promises contained herein, agree as follows; 1. The County grants Rocky Mountain authority to install and maintain and operate at Rocky Mountain`s expense, airport runway lights at Airport. 2. The County grants Rocky Mountain authority to install in Rocky Mountain's terminal building at said airport all necessary controls to operate said runway lights. 3. The parties agree that such runway lights and ~ i obstructYOn lights on surrounding property shall be available for use by others on a non-discriminatory basis, that is to say, to others who meet the following minimum qualifications, as determined by the County: (a) All such flights are to be concluded in accordance with instrument flight rules. (b) The user must have available and in use a TALAR and non-directional beacon, or equivalent ILS system, ~he installation of which is approved and commissioned by the FAA. ~' ~..> - / (c) The use of the runway and obstruction lights is restricted specifically to the DeHavilland DHC-6 Model 300 aircraft, equipped with receiver for TALAR and NDB or equivalent ILS approved by FAA. (d) Such aircraft must be capable of performing landing and take-off procedures and meeting the requirements of SFAR-23, if applicable, within the lighted segment of the runway (4,000 feet). (e) Pilot must be fully qualified and must have satisfactorily performed approaches, landings and departures on a flight check basis. (f) Nothing herein implies approval by the County of any specific equipment except the TALAR, and NDB systems and DeHavilland DHC-6 Model 300 aircraft now being operated by Rocky Mountain Airways, Inc., nor of any opera- tional procedures other than those to be employed by Rocky Mountain Airways, and specific determinations of equivalency for any other equipment, aircraft, or procedures will have to be made by the County if request is made therefor. (g) Nothing in this agreement shall be construed to require Rocky Mountain Airways to make its TALAR, NDB, terminal facilities, or operational procedures available to any other party or operator without its voluntary consent. 4. Rocky Mountain agrees that it shall provide full use of the Airport runway and obstruction lights for night flights to any other party if Rocky Mountain has received a prior written request therefor from the County, and County agrees that it will not make such request unless it has deter- mined that such party complies with FAA requirements and with the foregoing minimum qualifications; PKOVIDED that Rocky Mountain shall be entitled to treat any such written request as assurance that the County has made such determinations with respect to said party. Except in case of emergency, no operations shall be conducted utilizing said runway lights between 10;00 P.M. and 6:00 A.M, by Rocky Mountain or any other - 2 - persons or entity; PROVIDED, HOWEVER, by giving notice to Rocky Mountain on or before April 1, 1974, the County may require that t all Rocky Mountain operations on the Pitkin County Airport cease + i~ by 9;30 P.M. Rocky Mountain further agrees that it will not make said runway lights available ~or use by any other party ~ unless it has received from the Coun~y the written request + herein provided for, and only for such specific aircraft move- i ment as is described in such written request. Rocky Mountain ~ may not, without written approval of the County, authorize any other party to use its TALAR, its NDB, nor its obstruction lights. Rocky Mountain will take affirmative steps to prevent the unauthorized use of the airport gliding system at Aspen Sardy Field. It will log any such unauthorized operations and request prosecution of such operations by the Federal Aviation Au~hority. If, in the opinion of the County or the Federal Aviation Authority, a substantial amount of such unauthorized use exists, the County shall have the option to terminate this agreement with sixty (60) days' written notice to Rocky Mountain. 5. Rocky Mountain agrees that in the installation and operation of obstruction lights off of the Airport property, it will observe all applicable federal environmental standards and will give serious consideration in a spirit of cooperation - to any suggestions or requests by the Authority relating to such installa~ion and operation. 6. County agrees that if it shall authorize use of the runway and obstruction lights by any party other than Rocky Mountain, to require any suc.h other party to bear the cost of electrical power utilized by the runway and obstruction lights during periods when said lights are operated for use by any such party or parties other than Rocky Mountain. 7. Rocky Mountain agrees to de~end, indemnify, and hold the County harmless from all causes of action, claims, liabilities, loss, or damage arising out of Rocky Mountain's installation, maintenance and use of said runway lights, and of its TALAR and NDB, and further agrees to maintain liability insurance in connection with such potential liability in the amount of One Million Dollars ($1,000,000.00), with the County named as an insured party. Rocky Mountain shall, wi~hin ten (10) days from the execution hereof, cause to be filed with the County, and keep in force, a certificate of insurance - 3 - evidencing compliance with this section. 8. The County agrees that it will require of any party, other than Rocky Mountain, pursuant to paragraphs 3 and 4 hereof, that such other party defend, indemnify and hold Rocky Mountain harmless from all causes of action, claims, y liabilities, loss or damage resulting from the use of said runway and obstruction lights by other parties, unless the same results proximately from Rocky Mountain's own negligence, and to require such other party to post adequate bond or other security for such indemnification. 9. This agreement may be terminated by either party for substantial defaults thereof committed by ~he other party, provided that before any such termination may be made, the defaulting party must be given specific notice of such defaults in writing and shall have ten (10) days after receipt of such notice to correct the defaults. If such defaults are not cor- rected within the ten (10) day period, the party giving notice may terminate the agreement forthwith by notice in writing. 10. Rocky Mountain shall have the exclusive control of its TALAR. system and NDB facility, but shall have no authority to make any arrangements for the turning on or off of this equipment for any conditions except for its own use within the limitations of this agreement, unless approved in writing by the County. 11. The County agrees to make available to Rocky Mountain, at reasonable times, an adequate snowplow, at County expense, whenever needed, in order to facilitate use of the runway lights and obstruction lights installed and maintained by Rocky Mountain at Airpor~ as contemplated hereunder, but Rocky Mountain shall be responsible for and shall diligently perform, with its own personnel, the removal of snow from the runway lights and obstruction lights installed by it, and coor- dinate the same with the Pitkin County Road and Bridge Depart- ment; and further shall be liable and responsible to the County for all damage to such snowplow and the Sardy Field Airport facility occasioned by its negligence (or that of its agents and employees) in the operation of such snowplow or in the maintenance of its equipment and runway lights and obstruction - 4 - lights hereunder, 12, The County reserves the right to develop, improve, operate, and maintain the Airport as it deems proper in the public interest and in accordance with the Airport and Airway Development Act of 1970, as amended (49 USC 1701), the Regula- tions of the Federal Aviation Administration (14 CFR 152) and its covenants with the Federal Aviation Administration pursuant to existing or future airport development grant agreements. Rocky Mountain further agrees to take such action with regard to said airport runway lights as the County may order in the public interest, such action to include, but not be limited to, the relocation, removal, modification, repair or replacement of such lights. 13. It is understood and agreed that nothing in this agreement shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. 14, Rocky Mountain, ~or itself, its successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (l,) 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 exercise of the rights granted herein, (2) that in the construction of any improve- ments and the furnishing of services at the airport, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that Rocky Mountain shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal ~ I Regulations, Department of Transportation, Subtitle A, Office i of the Secretary, Part 21, Nondiscrimination in Federally-assiste< Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Rebulations may be amended. In the event of breach of any of the above - 5 - non-discrimination~covenants, the County shall have the right to terminate this agreement. I5. This Con~ract shall be in full force and effect for a term of one (Z) year from the date of its execution, and shall be and remain in full force and effect from year to year thereafter unless notice of termination is given in writing by either party to the other at least ninety (94) days prior to the expirativn of the year end at which such termination is to take effect. Nothing contained herein, however, shall require Rocky Mountain to continue to maintain or provide said airport runway lights and obstruction lights if Rocky Mountain deter- mines that it should discontinue the use thereof for its own aircraft. Any decision by the County to terminate this agree- ment in accordance with this provision shall be absolute and Rocky Mountain waives any and all claims against the County on account of any such termination, Upon any such termination, Rocky Mountain shall remove the runway and obstruction lights installed by it to facilitate night landings within thirty (30) days of any termination or discontinuance of service hereunder. 16. Rocky Mountain shall pay all attorneys' fees of the County in the preparation of this Agreement. IN WITNESS WHEREOF, the parties hereto sign their names as of the day and year first above written. ~ ROCKY MOUNTAI A~RWAYS, INC - BY r~' ~ ) .TT~~~: , ~ ordon , utry, re den ,,, ,.''F, p Y f; Y • ', y '• .ti~~ . ~f ~ .~' " v '~ ~' _ ^ti, ~ ~ ¢~ ~ ~ ' ~ , - -~ '~ ' + La .~. + _ , , , ~ . . " •:,,,~ • ~ i . : ~> , ~ ~ j ~ ` , • ~ , j . ~ .~=' ~~fr ~~ \ a ,~' ~ ~ h " ~^~ ~;, . , , cr PITKIN COUNTY AIR.PORT AUTHORITY ~ ~.... .. :.._ .~ i ~ / / `Y,, ~ ~ L ~ ~- .~~~~ `-'' `c"~'~,~!`Z. ~ By _ -_ By - 6 -