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Home My WebLink Aboutbocc.ord.050.1999AA 6AU14,4meC OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AND ADOPTING AN AMENDMENT TO THE LEASE AND USE AGREEMENT BETWEEN THE COUNTY AND NORTHWEST AIRLINES, INC. Ordinance # , Series of 1999 RECITALS 1. Pitkin County, a Colorado home -rule county, through the Board of County Commissioners (the "County") is the owner, sponsor and operator of the Aspen/Pitkin County Airport, 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, C.R.S. Sections 30-11-107, 30- 15-401, 30-35-201/202, 41-4-101 et seq., as amended, Title IV of the Pitkin County Code, as amended, and Section 8.7 of the Pitkin County Home Rule Charter, as amended; and 2. Northwest Airlines, Inc. ("Airline") is in the business of providing scheduled airline service, and effective December 18, 1998, entered into an Agreement for the provision of such service, establishing their rights to access to and occupancy and use of Airport property as a multi -seasonal airline, by compliance with certain standards and obligations; and 3. Those Agreements set out certain space in the terminal facility for preferential use by the Airline for purposes of conducting their airline ticketing and passenger service activities, and; 4. Airline wishes to change location of that certain space in the terminal facility for preferential use by the Airline, and such space is available for the relocation, and; 5. In response to the foregoing circumstances, the County and Northwest Airlines, Inc. have reached agreement on an amendment to the Lease and Use Agreements that meets the needs of the Airport and the Airlines; and 11. On the recommendation of staff and after a duly -noticed public hearing it is hereby determined by the BOCC that the approval and adoption of this amendment to the County/Airline Agreement is in the best interests of the residents of and visitors to Pitkin County; THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF PITKIN COUNTY, COLORADO: Section 1 That the Airline Lease and Use Agreements between the County and Northwest Airlines, Inc. dated December 18, 1998, is hereby amended by the document entitled "First Amendment," which are attached hereto as Exhibit "Al" and incorporated herein by this reference, and; Section 2 That the Chair (or Vice -Chair) of the Board of County Commissioners is hereby authorized and directed to execute the attached document on behalf of the County, subject to any insubstantial changes as to form, and along with such other documents as may be reasonably required to complete the transactions set out or necessarily implied by Exhibit "Al" which changes and other documents have been approved as to form by the County Manager and the County Attorney. Section 3 That true and correct copies of the proposed "First Amendment" (Exhibit "Al") shall be kept available for public inspection prior to the public hearing thereon during normal business hours at the Office of the Pitkin County Clerk and Recorder, Pitkin County Courthouse Annex, Aspen, Colorado (970- 920-5180), and at the office of the Director of Aviation, Aspen/Pitkin County Airport, Aspen, Colorado (970-920-5384). Section 4 That a public hearing on this Resolution shall be held at 2:00 p.m., local time, or as of thereafter as the conduct of &J. business will allow, on O 44b �l'1 l°Q in a location identified by a notice in the Pitkin County Courthouse, Aspen, Colorado. Section 5 That this Ordinance shall be published prior to and after adoption in full, but without exhibits. INTRODUCED, FIRST READ (by title only), ACCEPTED BY A MAJORITY OF THE BOARD AND SET FOR PUBLIC HEARING AT A PUBLIC MEETING ON THE 13th DAY OF October, 1999. 2 NOTICE OF PUBLIC HEARING, INCLUDING THE TEXT OF THE FULL RESOLUTION (without exhibits) PUBLISHED (no less than ten days in advance of the public hearing thereon) IN THE ASPEN TIMES ON THE 16th DAY OF October, 1999. FINALLY ADOPTED, UPON SECOND READING AND AFTER A DULY -NOTICED PUBLIC HEARING BY A MAJORITY OF THE BOARD AT A PUBLIC MEETING ON THE - T1 DAY OF C}e-ehex, 1999. 3,..t Nav4,wi 4t,k— PUBLISHED (without exhibits) AFTER FINAL ADOPTION IN THE ASPEN TIMES ON THE 6th DAY OF November, 1999. ATTEST: CO !"DO Je- ette Jones, De•uty Clerk ac% Recorder /l-i6 -9y Date APPROVED AS TO FORM: John Ely County At RECOMMENDED FOR APPROVAL: David or Interim 'irport Manager BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, ALA eslie J. Chair Affs fl�o0, G /597 Date MANAGER APPROVAL: Ma Su'- ne Co ty M ger a K nchan /lis-mot Tom Oken Director of Administrative Services C:\home\WORD\SUE\CONTRACT\TERMINAL\AIRLINES\NW-MSBA\NW amendl ordinance.DOC 3 APPROVED BY ORDINANCE # 99-50 NWA Cur T CONTRACT NO. CONTRACT #'fir A'SE /31-/ol -/O / (October 1, 1999) FIRST AMENDMENT TO THE LEASE AND USE AGREEMENT (1998-1999) MULTI -SEASONAL AIRLINE Northwest Airlines, Inc. THIS AMENDMENT, made as of the date last below signed, is by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("County"), a Colorado home -rule County, as Lessor/Permittor, and NORTHWEST AIRLINES, Inc., ("Airline"), a Minnesota corporation as Lessee/Permittee. RECITALS 1. The County is the owner, operator and FAA sponsor of the Aspen/Pitkin County Airport (Sardy Field), located in Pitkin County in the vicinity of Aspen, Colorado (hereinafter the "Airport"), at which it has made available certain land areas and facilities for and in support of commercial aeronautical activity including public airfield facilities, and airline terminal and related airline facilities, and a general aviation terminal and related general aviation and fixed -base operator facilities; and 2. These certain land areas and facilities are further designated as areas and facilities for public use (subject to rules and regulations for each classification of user), areas and facilities for exclusive, preferential or non-exclusive commercial use (subject to written agreements with the County), and certain areas "reserved" by the County for future designation; and 3. The County has the authority to operate and manage the Airport, to permit and regulate commercial and certain aeronautical uses and activities at the Airport and to lease, license or permit the occupancy and use of land areas, buildings, improvements and facilities thereon, pursuant to, inter alia, C.R.S. Sections 30-11-107, 30-15-401, 30-35- 201/202, 41-4-101 et seq., as amended, Title IV of the Pitkin County Code, as amended, and Section 8.7 of the Pitkin County Home Rule Charter, as amended; and 4. The Airline is in the business of providing scheduled airline service, and effective December 18, 1998, entered into an Agreement for the provision of such service, establishing its right to access to and occupancy and use of Airport property as a Multi - Seasonal Airline by compliance with certain standards and obligations; and 5. That Agreement set out certain space in the terminal facility for preferential use by the Airline for purposes of conducting its airline ticketing and passenger service activities, and; 6. Airline wishes to change location of that certain space in the terminal facility for preferential use by the Airline, and such space is available for the relocation, and; 7. In response to the foregoing circumstances, the County and Northwest Airlines, Inc. have reached an agreement on the amendment of the Lease and Use Agreement to meet the needs of the Airport and the Airline. NOW THEREFORE, in consideration of the mutual covenants, terms and conditions herein, the parties hereto agree as follows: A. Section 4.a.2) of the agreement is replaced with the following: "(2) Preferential Use Areas: (2384 s.f.) a) Departure/Ticketing Area: 2282 s.f. (1) Ticketing Counter, Administration, Passenger Service and Signage Areas: Positions 7, 8 and 9 (270 s.f.) (2) Administration and Operations Areas: C (556 s.f.) (3) Baggage Makeup Area: E (768 s.f.) (4) Passenger Ticketing Queuing Area: J1 & J2 (688 s.f.)" B. Section 5.a.2) a) of the Agreement is replaced with the following: "2) Preferential Use Areas: 2384 s.f. a) Departure Ticketing Area: (1) Ticketing Counter: Positions 7, 8, 9 (270 s.f.) (a) Counter shells (b) Counter inserts (c) Baggage conveyor belt" C. Section 9.a.1)b) of the Agreement is replaced with the following: "b) Preferential Use Areas: $72,592.80 annually, $6049.40 monthly" In all other respects, said License and Use Agreement shall remain unmodified hereby and in full force and effect. 2 IN WITNESS WHEREOF, the parties have executed this License and Permit on the dates indicated in Aspen, Pitkin County, Colorado. COUNTY: APPROVED BY BOCC ON //-319 THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO (Date) /f -/D -19 tG ADDRESS (for Notices): Director of Aviation 0233 E. Airport Road Aspen, Colorado 81611 With copies to: County Manager Pitkin County Courthouse Annex 530 East Main St., Third Floor Aspen, Colorado 81611 and County Attorney Pitkin County Courthouse Annex 530 East Main St., Third Floor Aspen, Colorado 81611 Date: AIRLINE• NORTHWEST AIRLINES its President JAMES M. GREENWALD. VP FACILITIES AND AIRPORT AFFAIRS ATTEST: S V4 Corporate Secretaarryy. (Date) (SEAL) A slstantCorporateSearetar!► MAILING ADDRESS (for Notices): i ireorF Affairs, , i 35 6101 Nodlebtle pove SL Pain NN6611140S4 3 MANAGER'S APPROVAL: Suz Co e Ko n an Man a er RECOMMENDED FOR APPROVAL: David Gordo f, A.A.E. Interim Airport Manager APPROVED AS TO FORM: John Ely, Es County A ctto ney APPROVED AS TO BUDGET: Tom Oken Administrative Services C:\home\WORD\SUE\CONTRACT \ TERMINAL \AIRLINES\N W-MSBA\CONTADM2.DOC