HomeMy WebLinkAboutbocc.ord.003.2011 RECEPTION #: 578360, 03/15/2011 at
11:28:57 AM,
1 OF 4, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO CONTRACT #0.9 a//
L_ 114,1- 4.e.L4
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING AN AMENDMENT TO
THE LEASE AND USE AGREEMENT BETWEEN HDS RETAIL NORTH AMERICA,
LP AND BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
Ordinance No. 00 3 , Series of 2011
RECITALS
1. Pitkin County, a Colorado home -rule County, is the owner, sponsor and operator of the
Aspen/Pitkin County Airport (Sardy Field), located in the vicinity of Aspen, Colorado, and has
the authority to regulate commercial activities and to lease and license space at the Airport,
pursuant to, inter alia, 1973 C.R.E. 41 -4 -101 et seq., 30 -35 -202, Title 10 of the Pitkin County
Code, Article 1, Section 8.7 of the Pitkin County Home Rule Charter; and
2. Pitkin County and HDS Retail North America, LP entered into a Lease and Use
Agreement ( "Concession Agreement ") on November 1, 2004. The original Concession
Agreement leases space to HDS (the "Lessee ") for the operation of a retail news and gift shop
concession in the airport terminal.
3. Lessee desires to extend the term of its Concession Agreement through September 30,
2013;
4. The County finds that extension of the Concession Agreement is in the best interest of the
public, the County and the Airport;
5. The County and the Lessee do mutually undertake and agree to extend the expiration date
of the Concession Agreement until September 30, 2013. All other terms of the Concession
Agreement remain unchanged.
5. The Amendment is attached hereto as Exhibit A.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County,
Colorado that the Board of County Commissioners does hereby authorize the Chair to sign on its
behalf, the Amendment to the License and Use Agreement between the Board of County
Commissioners of Pitkin County and HDS Retail North America, LP for the purpose of
extending the term of Lessee's License and Use Agreement until September 30, 2013.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING BY THE BOARD
AT ITS REGULAR MEETING ON THE 12 DAY OF JANURY, 2011.
PUBLISHED, INCLUDING NOTICE OF PUBLIC HEARING, IN THE ASPEN TIMES
ON THE 16 DAY OF JANUARY, 2011.
l
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING ON THE 26 DAY OF JANUARY, 2011.
• EST: BOARD OF COUNTY COMNIISSIONERS OF
PITKIN COUNTY, COLO ' • 1 r
A �
Jr. ette Jones Rac I E. Richards
-puty Clerk and Recorder Chairwoman
Date: 0 oika !
APPROVED AS TO FORM: APPROVE 1 llll CONTENT:
�
John M. Ely, s P. Elwood, • . .E.
Co y ey Director of Aviation
COUNTY MANAGER:
Jon Peacock
SECOND AMENDMENT TO LEASE AND USE AGREEMENT
FOR
HDS RETAIL NORTH AMERICA, LP
THIS AMENDMENT TO LEASE AND USE AGREEMENT FOR HDS RETAIL
NORTH AMERICA, LP (the "Amendment ") is made this 26 day of January, 2011 by and
between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
(the "County "), a Colorado home -rule County, and HDS RETAIL NORTH AMERICA, LP
( "Lessee ").
WHEREAS, the County is the owner and operator of the Aspen/Pitkin County Airport,
located in Pitkin County in the vicinity of Aspen, Colorado (the "Airport").
WHEREAS, the County has the authority to operate and manage the Airport, to regulate
commercial activities at the airport, and to lease and license space thereon, pursuant to inter alia,
1973 C.R.E. 41 -4 -101 et seq., 30 -35 -202, Title 10 of the Pitkin County Code, Article 1, Section
8.7 of the Pitkin County Home Rule Charter;
WHEREAS, Lessee is engaged in the business of a retail gift shop concession in the
Airport terminal pursuant to a Lease and Use Agreement dated November 1, 2004 and expiring
January 31, 2011 (the "Concession Agreement");
WHEREAS, Lessee desires to extend the term of its Concession Agreement through
September 30, 2013;
WHEREAS, the County finds that extension of the Concession Agreement is in the best
interest of the public, the County and the Airport;
NOW THEREFORE, the County and the Lessee do mutually undertake and agree to
extend the expiration date of the Concession Agreement until September 30, 2013.
No provision of the Concession Agreement, other than that expressly set forth above, are altered,
amended, deleted of in any way modified by this Amendment, and shall remain in full force and
effect during this term and any subsequent extensions.
COUNTY LESSEE
THE BOARD OF COUNTY COMMISSIONERS HDS Retail North America, LP
OF PITKIN COUNTY, COLORA r e
By:., 6" ' I - By: I /b
Rac -1 E. Richards w
Cha rwoman
3
A ST: COUNTY MANAGER
XI hie assiou
"e €ette Jones Jon ' eacock
uty Clerk and • corder County Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
c � -
John M Ely, — es P. Elwood, A.A.
cou'ntvAttomey Director of Aviation
RECEPTION #: 578361, 03/15/2011 at
11:28:58 AM,
1 OF 2, R $0.00 Doc Code AGREEMENT 5y `/
Janice K. Vos Caudill, Pitkin County, CO CONTRACT #: I
SECOND AMENDMENT TO LEASE AND USE AGREEMENT
FOR
HDS RETAIL NORTH AMERICA, LP
THIS AMENDMENT TO LEASE AND USE AGREEMENT FOR HDS RETAIL
NORTH AMERICA, LP (the "Amendment ") is made this 26 day of January, 2011 by and
between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
(the "County "), a Colorado home -rule County, and HDS RETAIL NORTH AMERICA, LP
( "Lessee ").
WHEREAS, the County is the owner and operator of the Aspen/Pitkin County Airport,
located in Pitkin County in the vicinity of Aspen, Colorado (the "Airport").
WHEREAS, the County has the authority to operate and manage the Airport, to regulate
commercial activities at the airport, and to lease and license space thereon, pursuant to inter alia,
1973 C.R.E. 41 -4 -101 et seq., 30 -35 -202, Title 10 of the Pitkin County Code, Article 1, Section
8.7 of the Pitkin County Home Rule Charter;
WHEREAS, Lessee is engaged in the business of a retail gift shop concession in the
Airport terminal pursuant to a Lease and Use Agreement dated November 1, 2004 and expiring
January 31, 2011 (the "Concession Agreement ");
WHEREAS, Lessee desires to extend the term of its Concession Agreement through
September 30, 2013;
WHEREAS, the County finds that extension of the Concession Agreement is in the best
interest of the public, the County and the Airport;
NOW THEREFORE, the County and the Lessee do mutually undertake and agree to
extend the expiration date of the Concession Agreement until September 30, 2013.
No provision of the Concession Agreement, other than that expressly set forth above, are altered,
amended, deleted of in any way modified by this Amendment, and shall remain in full force and
effect during this term and any subsequent extensions.
COUNTY LESSEE
THE BOARD OF COUNTY COMMISSIONERS HDS Retail North America, LP
OF PITKIN COUNTY, COLO' ' r 8
By: / _ l^^/{ By: / �
Rac -1E. Richards
Cha oman
A ST: COUNTY MANAGER
i lit ivci L, - _
7 ff ette ones Jon • eacock
Di , .uty Clerk and • corder County Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
c
,.) sCr319j1C
John M. E1y, — es P. Elwood, A.A. .
County Attorney Director of Aviation