HomeMy WebLinkAboutbocc.con.051.1978 .y�
� SP �
,r ,s..{��� �
��
E�1�.
i ...:� ..,.:�.. :.-.. �: • .�. .,:. .. . .. . � .�. ' " . �k..
� .�.
�� . ' . .. � :��'...
Y'
. . � . . . �.,�f^�.
�
:t
;
USE AND LEASE AGREEMENT �
5�(�S�
THIS AGREEAfENT, made and entered into this �� day of
�_, 1978, by and between the BOARD OF COIINTY COMMISSIONERS
. ---{ OF PITKIN COUNTY, COLORADO, a body corporate and politic and
� constituting a political subdivision of the State of Colorado,
y.
� being the governing body of the Pitkin County Airport (Sardy -
r Field), hereinafter referred to as "County", Party of the
�
f. First Part, and Gliders of Aspen, Inc., a Colorado corporation,
�
`t hereinafter referred to as "Gliders", Party of the Second Part;
`�
� W I T N E S S E T H:
�
WHEREAS, the County is the owner, sponsor and operator
�:
t of the Pitkin County Airport, a public airport, located in
� Pitkin County in the vicinity of Aspen, Colorado (hereinafter
�.
� sometimes referred to as the "Airport");
,�
� WHEREAS, Gliders intends to operate non-scheduled glider
. �;
p service, and wishas to occupy space in.the Aspen Airport to
�
�
x operate the same; and
� WHEREAS, arrangements have been made between the County
�
� for the use by Gliders of a portion of certain Airport ramp
space, provided such use shall be for a limited period and
subject to certain limitations on use.
` NOW, THEREFORE, for and in consideration of the mutual "
covenants and agreements herein contained, the County and
i Gliders do hereby mutually undertake, promise and agree,
� + each for itself and its successors and assigns, as follows:
. Part I (
GLIDER OPERATING AREA
�
1.01 Letting of Non-Exclusive and Storage Areas �
The County does hereby demise and let to Gliders the
non-exclusive use of the ramp, taxiway and infield area �
j
f
}
t„.
u��,• �
41:��
1�:�'���� • �
a �4�•.:
.
.. �.� . .3 ,.. . , . -.. . . �.� .�:.
. . . .. _ .. . . . . . _�_ _. . . _._.._. .. . .
F1'.:
. . y � ,'+/1:
. ' . . . . ,��a
i
�
shaded in red on Exhibit A for the expeditious loading and �
unloading of passengers and the hooking up of their gliders
to the towplane for immediate takeoff. Gliders will utilize
the area shaded in blue for the parking of two (2) vehicles
for the purpose of handling .customers check-in and paper work.
1.02 Term of Lease Agreement
The term of this Lease shall be one year commencing on
June 1, 1978 and terminating on May 31, 1979.
1.03 Utilities and Taxes
The County shall supply, and assume the cost of, water,
electricity, trash removal and snow removal, provided however,
that Gliders shall assume the cost of any and all electrical
circuitry, telephone and teletype apparatus it may instalL
Gliders shall pay any and all personal property taxes assessed
on the premises except that attributable to improvements made
by the County (which cost the County shall assume) .
1.04 Conflict with Other Commercial Operators
Use of the ramp, taxiways and parking facilities by
Gliders shall be subject to the approval of the Airport
Manager who shall designate parking places and passenger •
on-load and off-load points in departure areas so as to
allow the efficient and orderly operation of other commercial x
operators.
1.05 Limitation on Use
Gliders is granted use of the areas hereinabove described
for the purposes normally associated with.the operation of a
glider operation; except that, in no event shall any area be
used as a car rental or leasing agency, for providing hotel
or lodges reservation ser�ices (including telephone "hot
lines" therefore) or for providing taxi or limousine services.
�
-2- z
{ .
�i
���>�' . ,� .
4�r".;-�'.,-�,��a.:f-
i .. _..._._
� � i
�o.r -. . , . �
3�� '��r
y�•_Y(� Y �
6'{k7�+a 1 . . .
' ) r����� � . .
.. ...... � . . ..:.. ..� - .. .. . . . .. . . . . :
. ..�.,��.._ .. .. _ ".. ..
kc..
f';..
� p-
r
�
y
d
�
" 1.06 Additional Use of Non-Exclusive Areas �
�
IE the said Airport Manager determines, on occasion,
that safety of the public requires or, due to the lateness
of the hour or for other reasonable causes, convenience
� requires use of a remote space area, such space or area
shall be considered as added on to the space of Gliders on
a temporary basis without additional cost to Gliders.
5ubject to reasonable rules and regulations, Gliders
shall have the right to use five (5) parking spaces in the
area designated for parking together with unobstructed
access thereto. In addition, during peak periods, at the
election of the Airport Manager, employees and customers of
Gliders shall be entitled to park in areas upon the Airport
designated by the Airport Manager for parking.
1.07 Maintenance and Custodial Services
Gliders agrees to provide on a daily basis routine
custodial care of the non-exclusive spaces of the said
demised premises including when appropriate, but not by way
of li.mitation, sweeping, and trash collection.
1.08 S_igns •
Gliders agrees that no signs or advertising displays
shall be painted on or erected in any manner upon its premises " '
without the prior written approval of the Airport Manager;
and that signs identifying Gliders will conform to reason-
able standards established by the Airport Manager with
respect to type, sign, design, condition and location.
Part II �
PUBLIC AIRCRAFT FACILITIES
2.01 "Public Aircraft Facilities" Defined
As used herein, the phrase "Public Aircraft Facilities"
�
;
� .
_3_
"S., 7%: �� � . .
?"r p yt-,_,`t
ti i�.,;:�.:�,:px.+;u
. . ':.i
�
�„�. .
;;{�,
� " J7.!�•� � _
s;�R{ a a'�"a' . .
r.N � i '� '
. � �1���:.+ . . . _ , , . . .
. _ . . . '����
�;
F
�
� shall mean (a) runways; (b) taxiways; (c) passenger ramp and $
apron areas (other than the ramp or apron areas to or for �
which the County has previously, or by this Agreement, or
may from time to time lease, assign or qrant exclusive use),
.i; .
. -r and (d) any extensions or additions to the above and any
other space or facilities provided by the County at the
t
Airport for public and common use by aircraft operators in -
;, -
;; connection with the landing and taking off of aircraft, ar
`�`: in connection with operations hereinafter authorized to
�,
== be performed by aircraft operators.upon the aforesaid runways,
K.
.�� taxiways and public passenger ramp and apron areas; but
�:
�?. only as and to the extent that they are from time to ti.me
,=: .
provided by the County at the Airport for public and common
:'ti; use by aircraft operators.
yi;
,b;
%k` 2.02 Public Aircraft Facilities to be Provided
;�:
"' The County agrees to provide, and to maintain in good
..�.
' :�k:
�<: condition and repair at the Airport, in accordance with good
�',
� Airport maintenance practices, and, during the term of
�� this Agreement, to make available for use by all aircraft
��
T�� operators the Public Aircraft Facilities, and any additions
��� or improvements thereto. The County shall remove snow and
't.3
;'�� ice from the Public Aircraft Facilities.
.''+;-ry ' .` .
�` The County may from time to time increase the size or
Si:
�; capacity of any such Public Aircraft Facility or make altera-
;;;�� tions thereto or reconstruct or relocate them or modify the I
a�}�
"�; design and type of construction thereof or close them, or
;;i
��j any portion or portions of them, either temporarily or
3%;
,?;;�
permanently, provided, that reasonably equivalent Public
i;;
�,4� Aircraft Facilities are rnade available to Gliders in a �
a:;�
s�' reasonable time and the County agrees to attempt to keep at
;
�.� .
;,�j a minimum any disruption or inconvenience that such projects
,>_�
�;;� may cause and Gliders shall not make any claims for such j
� �
�:j temporary disruptions or inconveniences. '
�!;� u
:k.1
y
..,
�'� -4-
�:_�
!E,j
,I
i
t
���^�'•}���,`�;;°^�
' ^t
�`'f {"''na . - .
�4a. r{,iyy,�::. .
,.S `�
. . .. .. . : . . . ,..
, ... .. ... . ..: �;... � �.
.. .. . ` .... -. .K:a
.... _.��.. - .. , __�''
. . . ..,�.,�.
j
j
�
n
2.03 Use of Public Aircraft Facilities �
Gliders shall be entitled. to use the Public Aircraft �
Facilities in common with other operators of aircraft for
the following purposes:
- (a) Runways, for the purpose of landing and taking
off of aircraft;
(b) Taxiways, for the purpose of the ground movement
of aircraft;
(c) Any other use normally incident to the foregoing;
Provided, however, in no event shall Gliders make use of
taxiway "E" without the prior written consent of the Airport
Manager.
It is understood and agreed by Gliders that the use of
the Public Aircraft Facilities may be in common with other
public users, upon compliance with the reasonable and non-
discriminatory terms and conditions (including the payment
of rates, fees and charges) upon which they are made available
for such use, and in conformity with the reasonable rules
and,regulations prescribed by, or which may be prescribed
by,the County with respect to the uses thereof including,
but not by way of limitation, rules, regulations and ,
directives relating to safety and security of the Public
Aircraft Facilities. In the event that the County shall x
y . �
a8opt any Airport rule or regulation which shall for good
cause be unacceptable to Gliders, then Gliders shall upon
thirty (30) days written notice to the County have the right
to terminate this entire Agreement if the same shall not be
rescinded or modified to the satisfaction of Gliders during
such thirty (30) day period. �
�
i
�
2.04 Use in Warti.me or National Emergency !
i
�.
It is agreed by Gliders that during the time of war or
�
national emergency the County shall have the right to enter i
�
i
-5- �
�
�
• ��R��'4J�
I ..... ......__.. -� iltlfYWYWY �
�-�!'-
. �, .�./ � ' _
•t'F����������++�i'a.�
�d�r^��r � �
. . �F' . .� _ _
- - .... : ., , :... ,_ . . _. . .�... . , �..e:; ;:
. . . .. . .. . . _ ..� .�. ... � . . - .....��.:. ,..�...._:.:_-..-.._� ._ ....
, Y.'
'.x�-.
� �F
into agreement(s) with the United States Government for
military use of part or all of the Public Aircraft Facilities,
y
the publicly owned air navigation facilities, and other areas
{ or facilities of the Airport, and if any such agreement
� becomes effective, the provisions of this instrument, insofar
. -z
as they are inconsistent with the provisions of such agree-
ment(s) with the Government, shall be subordinated to those
agreements. .
2.65 Vending Machines
No amusement or vending machines or other machines _
operated by coins or tokens shall be installed or maintained
' upon Gliders' non-exclusive premises.
�
Part III
GENERAL PROVISIONS
� 3.01 Destruction of Premises
�� If by reason of any cause Gliders' exclusive or non-
� exclusive spaces are damaged to such an extent that such
� premises are untenable in whole or in substantial part, then:
: � A. The County will make all reasonable efforts to
� provide substitute facilities, and such substitute
facilities will be made available to Gliders in
accordance with the schedule of rentals, fees �
and charqes for the use of the Airport as provided
herein.
B. If the repairs and rebuilding necessary to restore
such premises to the condition existing prior to
� � the occurrence of the damage are in the reasonable
� �
judgment of the County justified in the light of
existing or contemplated construction programs,
and can be completed within ninety (90) days from
the date on which the damage occurred, the County
-6-
P •
e
�
.,
� .;,
ta:,; tT a '
:iTBt� s�-k:
;`,f e t:;'��.��'.+:�.
'., r t*;
..Kst.L���� / _
i
��h ��{�"a..-`�t`F ` � � ,.
Yl...
. . � , � ..,;5:',
. �F
i! .
�
Jy
F
shall so notify Gliders in writing and shall proceed �
promptly with such repairs and rebuilding, and,
in such event the rental therefore shall be abated
Ero rata for the period from the date of the occur-
rence of such damage to the date upon which said
repairs and rebuilding are completed.
C. If such repairs and rebuilding are not, in the
reasonable judgment of the County, justified in the
light of existing or contemplated construction
programs, or if they cannot, in the reasonable
judgment of the County, be completed within said
ninety (90) days, the County at its option, to
be evidenced by notice in writing to Gliders, may
either (1) proceed promptly with said repairs
and rebuilding, in which event the said rental
shall be abated as aforesaid, or (2) terminate
j
the letting thereof, in which event the said rent
therefore shall be abated from and after the date
of the occurrence of the damage.
3.02 Surrender of Premises
Gliders covenants that at the expiration of the term
hereof or at the earlier termination of the letting thereof,
it will quit and surrender all such premises in good state
and condition, reasonable wear and tear, Acts of God and
other casualty excepted and Gliders shall at its expense
forthwith remove therefrom all equipment, trade fixtures
and personal property belonging to it. The County shall
have the riqht.on sech termination, to enter upon and take
possession of such premises, with or without process of law, I
�
without liability for trespass. �
Should Gliders hold over the use of or continue to �
occupy any such premises after the termination or cancellation r
of the letting hereof, such holding over shall be deemed �
-7-
3,-^.�.�.`'i'i'. .�`�-
�y'�:r,Y,?%�y
:..,,,;_.:.
�. .
+�,��s.�-: -
�.,�, .�; . ,
�,5,� �;,: �
' S.� N ..i. :.
.^�..
.. ... . . . .. ..�
. .....-..., . ..... .•.... ... . �-i.:
_.. . . '1� ..
1S!
. � ��.�4-�.
4
s;.
i
7
merely a tenancg from month to month upon a monthly rental F
in an amount equal to the monthly rental required to be
paid for the month next prior to such termination or
cancellation, and otherwise (except for the term thereof) •
� on the same conditions as herein or hereinafter provided.
3.03 Notices
All notices required to be given to the County hereunder
shall be in writing and shall be sent by certified mail,
return receipt requested, to the Airport Manager, 506 East
Main Street, Aspen,. Colorado 81611, with a copy to the
Board oE County Commissioners of Pitkin County, Colorado
at 506 East Main Street, Aspen, Colorado 81611; a1Z notices
required to be given to Gliders hereunder shall be in writing
and shall be sent by certified mail, return receipt requested,
addressed to Gliders of Aspen, Inc., P.O. Box 175, Aspen,
Colorado 51611 provided that the. parties, or either of them,
may designate in writing from time to time the addresses
of substitute or supplementary persons in connection with
said notices. The effective day of service of any such � .
notice shall be the date such notice is deposited in the
mail to Gliders or said Manager.
3.04 Reports �
Gliders agrees that it shall, on or before the lOth
day of each and every month during the term hereof, submit �
to the County by either delivery to the office of the Airport �
Manager and transmittal to the County Finance Department �
f.
at 506 East Main Street, Aspen, Colorado 81611, the �
following records of the preceding month's activities:
A. Aircraft landing reports listing by such date �
s
i
the number and kind of aircraft landed by R
;
,,
Gliders at the Airport showing the total of J
each such aircraft for the preceding month.
i
F .
—$�
�..
an�,jp;�,1.�
.�.'�F,�,��i'Y.<'=,
� �: -
.���s�':
�P�{ ...-,,
; ,j.y� _'�.;P� .
. . � . : � . . . . . . .. . . . . . . ,.... � � .. . ,k..
i'.
�:_
. . . . " . "A��:.
C:
B. Passenger report showing the monthly total of
revenue passengers enplaning and deplaning
Gliders aircraft at the Airport for the pre-
ceding month.
C. A regularly updated list of all owners of qliders
based at Sardy Field. `
� Said reports shall be signed as correct by a responsible -
� employee of Gliders. The reports shall be on a form provided
� by or approved by the County and the County reserves the right
� within reason to ask for such further information or clarifi-
� cation or any matter contained thereon and Gliders agrees
� to endeavor to provide such information. Such information
� shall be kept confidential for a period of twelve months
�
� from the date of receipt thereof and after that said infor-
� mation shall not be published alone by the County in con-
junction with the name of Gliders of Aspen or reference
� thereto but may be published only in gross; PROVIDED, that
�
� the foregoing restriction shall not be construed to prohibit
.�
� the use and publication of such information combined in
� gross with similar statistics of all other air carriers
r�
� utilizing portions of the Airport for purposes of determining
� the legitimate needs of the Pitkin County Airport after
. �� x
the expiration of twelve (12) months from the receipt thereof
£ by the County.
� 3.Q5 Payments
� Gliders agrees that it shall, as consideration for this
� leasehold, pay to the County at the address as set forth
� in 3.03 above, the following: !
� A. A monthly ren�al for their use areas in the amount
€
� of $165.00 foz each of the months of June, July,
� August and September. Payment to be made on the
first (lst) day of said month.
�
� -9- , �
i �
;
>
,
�e:y" :.^�y
�::•�i�_;•;.
_. __ .
.-;,v;.,
,„��:�:,,:. _
,ra«1��,�•: . .. � ,
,
,.
��Si„ ,
,.. ._. „ ... . .....: ��. _ . . ...�. ,�,..-.,�
+....,�.... . . . . . �•�.. '".. . . ..
. :':� .- .. '...; ` �__:.`_� '., . .-'.� y:•
!
. . . . . . .. . . �Y'''
. . . . . � � ' . � .- .
;' _
� , . . . . � . . . . � � - . . .
. . . . . . . . . � � ... -
B. The sum of $2.U0 per hour for each hour of commercial
glider operation conducted during those months
� other than specified in paragraph A above.
�_ Payment to be made by the tenth (lOth) day of �he ` .
following month. �
, _
C. The sum of $]..00 per tow for each commercial �;,
, . �
operation conducted during those months other than I
specified in paragraph A above.
D. The sum of $20.OA per month for their sailplane/glider
trailers parked at Sardy Field during the entire
� term of this Agreement; and
E. All other charges for services as negatiated by
the County and Gliders for the use of space,
services or for other purposes including, but
not by way of li.mitation, all Police Security
� charges provided by the County of .Pitkin, State
of Colorado, as required by the Federal Aviation
Administration or as may be specifically requested
s3 by Gliders. A11 such billing shall be sent to
y
' � Gliders at the address as noted in 3.03 above or ,
� as otherwise disected in writing by Gliders.
` �� F. Interest to be charged at 12� per annum on all ,,
overdue amounts, payable upon demand.
� 3.06 IndemniEication
� Gliders agrees to release and to indemnify and save
� harmless the County, its officers, aqents and employees,
� from and against any and all loss of or damage to property,
� or injuries to, or death of, any person or persons, including
property and officers, employees and agents of the County,
and from any and all claims, damages, suits, costs, expenses,
-10-
�
t
3
i
4
s' '
.:,:x,,��*�_,,a.
'"'•,..�,�.,f '
,„ ��,�,yL+�.
�.°�;�� �
� ox,��,''—, ,
, , . _:... .. }.
���.
. . . . . .� . ��•
�
�. . q
liability, actions or proceedings of any kind or nature �
a whatsoever, of or by anyone whomsoever, in any way resulting '
�
;� from, or arising out of, the negliqent acts and omissions
$
�,; and wrongful conduct of officers, employees, agents, con-
�Y�
tractors and sub-contractors of Gliders.
-' The County agrees to release and indemnify and save
��
i.�
�� harmless Gliders, its officers, agents and employees, from
;:i
�; and against any and all loss of or damage to property, or -
��
�j injuries to, or death of, any person or persons, including
��
��� property and officers, employees, costs, expenses, Ziability,
� actions or proceedings of any kind or nature whatsoever, of
�a
�'� or by anyone whomsoever, in any way resulting from, or
a�
r,�
�� arisinq out of, the negligent acts. and omissions and wrong-
µ�
F� ful conduct of ofticers, employees, agents, contractors
�
and sub-contractors of the County.
ci
sF
��� 3.07 Insurance
1
`. '�y Gliders agrees that at all times during the term
�'i hereof or any extension hereof, it shall maintain in force
- �� such bodily injury and property damage insurance as may
� be required as a condition of any operating certificates
�`
�i
that it is required to have for its operations and shall,
�� if not otherwise re uired maintain bodil in'ur p
� q , y � y.and ro-
�::
f� perty damage insurance covering all of its operations and
Y
��
��, activities at or upon the Airport, but with limits of not
,
G,�
� less than $100,000/$300,000 for liability and $100,000 for
t�
� property damage and shall further specifically maintain in
ja force Worlanen's Compensation insurance for all its employees
�
�� at said Airport. All policies of insurance so maintained,
i
�� except Worlanen's Compensation insurance, shall name the
�
� Couaty o£ Pitkin, State of Colorado, as a co-insured there-
� under. Gliders further agrees to provide certificates �
�
-11- � ,
�
�
� y
� •
,:/\
x,i . • . . . . .
i:'C'n;` ' �,:�a
;r.�`.�:Z.�+Mj�'N .
_�-.��.
� �_�:�
,E� �}T
�"��'��TY.A'�_ . � .
�.k*�ii . . . '
� .......:. . . . i .
. ..,... . : .. .. . .� . ....
� .� - . ...... . . . �.. :.- ..-.
: f � . . '. . . � . ...��_� .. . �.:� . � . �A.
��.'
^1�.
•��,•
�
satis£actory to the County of the kind and amounts of said
insurance coverages reflecting that the County of Pitkin, �
State o£ Colorado, is a co-insused thereunder.
3.08 Laws and Regulations '
- As a condition of this Agreement, Gliders aqrees to
1 .
cause its officers, employees, and any other persons over
�
whom it has control to obey and comply with all existing `.
and future laws, and all lawEul directives, conditions of
� cestificates, and rules and regulations adopted, promul-
� gated, or ordered by the United States Government or any of
. � its agencies, State of Colorado, or any of its aqencies
� or political subdivisions including, but not by way of
alimitation, the reasonable rules and regulations of the
� County, all as may affect Gliders and its opesations and
; � activities in and at the Airport. �
� 3.09 No Discrimination
� The parties hereto covenant and agree (1) that no person
� on the grounds of race, color or national origin shall be
� excluded from.participation in, denied the benefits of, ar
� be otherwise subjected to discrimination in the use of ,
si
� said facilities, (2) that in the construction of any im-
�
3 provements, on, over or under such land and the furnishing
�
� of services thereon, no person on the grounds of race,
�' color or national origin shall be excluded from participa-
�+
ri
� tion in, denied the benefits of, or otherwise be subjected
� to discrimination, (3) that the parties shall use the
premises in compliance with aIl other requirements imposed
�j by or pursuant to Title 49, Cade of Eederal Regulations,
n
� Department of Transportation, Subtitle A., Office of the I
I
� Secretary, Part 21, Nondiscrimination in Federally Assisted
� Programs of the Department of Transportation - Effectuation
of Title VI of the Civil Rights Act of 1964, and as said
� Regulations may be amended.
�
z
s
-12- "
i
F
i���° ;:
.,,�.,.,,o-�::
- -. .
;��-_:�
��i��; _
�'-,�-t ;.,
� ��x :;.
-.K.•:»«.� ;
_ . .�_.__ _. ��,.
�,.
;f
3.10 Purchases by Gliders
Property, services and materials (except as otherwise
' provided in this Use and Lease Agreement) may be purchased
�
k
or otherwise obtained by Gliders from any pesson or cor-
� poration of its choice, and no unju�t or unreasonable dis-
�
�
criminatory limitations, restrictions, charges or conditions
.� shall be i.mposed by the County, against Gliders or its
i� suppliers, for the privilege.of purchasing, selling, using, -
�:
£ storing, withdrawing, handling, consuming, loadsng, unloading,
�
or delivering any personal property of Gliders by G�iders
�s
`� or its suppliers, on the premises granted for such use,
s. _ .
� or for the privilege o£ transporting such personal property
�.
;' to, from or on the Airport, subject to reasonable rules and
'�
regulations for traffia contzol and security.
�
:� It is understood and agreed by the County that the
fees charged as provided herein are sole charges made for .
a
�' the rights and privileges as set out in Part I hereo£, and
rs
s� that any supplier of fuel used in the exercise of said
� rights by Gliders shall not be required to pay for the
� right to sell and deliver that fuel to Gliders, except that
��
=d is is understood and agreed by Gliders that the County may
r impose reasonable regulations for the secure and safe �
�
��
` f: handling of said fuel by any such supplier as are consistent
y,
?' with Federa2 Aviation Administration regulations or re- �`
- quirements respecting the same. �
3.11 Cancellation b the Count �
z; �
In the event Gliders shall file a voluntary petition in
� bankruptcy or that proceedings in bankruptcy shall be
_ �i
� instituted against it and Gliders thereafter is adjudicated
� bankrupt prusuant to such proceedings, or that the court
shall take jurisdiction of Gliders and its assets pursuant
to proceedings brought under the. provisons of any Federal
reorganization ac�, or that a receiver of Gliders' assets
� .
t
�
-13- S
';
• C��� .. � � . • �
..,-,l..�.-.�,;e�:�i:k
� u� �.�y:.•' . .
��� ������ � . �
�(
���z. .
, � ; . . ,
. ..,. _
,. - .. . .�fi.
. 3'_.
`s
i
2
shall be appointed, or that Glidezs shall be divested of
its estate herein by other operation of law, or that Gliders
shall fail to perform, keep and observe any of the terms, :
covenants or conditions herein contained, on its part to �
- be performed, the County may give Gliders written notice
to correct such condition or cure such default and, if any
such condition or default shall continue for ten (10)
days after the receipt of such notice by Gliders, the County
may, after the Iaspe of said period and prior to-the
correction or curing of such condition or de£ault, terminate
this Use and Lease Agreement by ten (10) days written notice.
In the event Gliders has undertaken action to correct such
condition or cure such default, and the same can be cured,
and is proceeding expeditiously thereat, the Use and
Lease Agreelnent shall not be cancelled (except for non-
payment of fees or charges). Termination under this
� paragraph shall be construed as a termination of the
rights of Gliders under both Parts 2 andll hereof, the
two parts being mutually interdependent; PROVIDED that the
same shall not be construed to prohibit use of the Public
Aircraft Facilities by Gliders in accord of Federal Avia- ,
tion Administration Regulations respecting use of the
Pitkin County Airport. ,,
3.12 Cancellation by Gliders
Gliders may cancel this Agreement, and terminate its
obligations (except those accrued prior to the date o£
termination) hereunder at any time, by sixty (60) days
written notice, upon or after the happening of any one of !
the following events: The tern�inaLion or suspension of all j
!
Gliders' certificates of public convenience and necessity �
or other re uired authorit for the carria e of {
q y g passengers,
�.
and praperty to, from or through Aspen� Colorado metropolitan �
S.
i
-14- t
s
:�
�'`�r��.'�^_,
���:,���:^�-
i'.
_ �}:•_1
�a��x.'.
� �2��
r�Y' _2�.°i . t . . '
a
a��
.r�-W �..i�.:;
" .jrr'':
. ; ,
° 5. . ..,. ..`..... . :...:;, -.. .�'•' .. . �.-,����.
.-�'--- sf�
t,::
�,
A
t 4
�
1
F
h
�
area or its environs; issuance by any court of competent �
jurisdiction of a permanent a.njunction in any way preventing
or zestraining the use of said Airport for purposes that
would prevent all Gliders' operations; the breach by the
- County of any of the covenants or agreem�nts container� :
and the failure of the County to remedy such breach for a
period of sixty (60) days after receipt of said written
'. notice of the existence of such breach (in the event the
County has undertaken action to correct such condition or
cure such default, the same can be cured and is proceeding
! expeditiously thereat, the Use and Lease Agreement shall
i not be cancelled); the inability of Gliders to use the
� Public Aircraft Facilities continuing for a longer period
g
�F than sixty (6a) days due to earthquake or other casualty;
�
or the total subordination o£ the rights to the public air-
3 field as set out above. Cancellation by Gliders under this
paragraph o£ this Agreement shall be termination of the
[
_� rights of Gliders under both Parts 2 and IZ hereof, the two
�
�: parts being mutually interdependent; PROVIDED that the same
i
i shall not be construed to prohibit use of the Public
€
j Aircraft Facilities by Gliders in accord of Federal Avia-
i tion Administration Regulations respecting the use of the
Pitkin County Airport. .�
3.13 Proposed County Transportation.5ystem
Gliders acknowledges that it understands that the
�
� County is considering the construction and operation of a
public mass ground transit system which may res�rict or
piohibit private vehicular (including rental cazs, and
employee parking to the extent that the same may be Y
practically used by the company's employees) access to the �
Airport. County agrees that in the event it shall construct �
�
�
`�
-15- �
�'�MSw .
;�,,,:r,;;
,.,,..�. - .�.�_.__.__.__.___�.
- ---�-
t.+.
�z��.��1; _
�� �,�,;•
„ . _. . ..._ , . .
.:,., . ...,:.; . ,, ,:.. . . _
� �' _ �. . . . . � � . . '... ._ i_
eh.
. . � . . . . ,.'t.
Ry.
� - � �� � . i¥:
A'
such a system there shall be no restriction upon the access �
to the demised premises for such service and/or utility �
vehicles as are necessary incident to the business of
Gliders, nor shall there be any restrictions placed upon
the pickup or delivery of freight by ground carrier services
and/or private individuals, or the access to and from the
Airport for ground transportation in lieu of Gliders'
regularly scheduled operation occasioned by inclement
weather or other emerqency as provided for above.
j 3.14 Assignment
t
GGliders understands and agrees that the assignment
� or transfer of any rights or promises granted under this
�j Agreement shall be made only upon the specific written
�
z permission of the County or in accordance with the terms
�
3 of this Use anc� Lease Agreement.
�
�
� 3.15 Third Parties
"� This Use and Lease Agre�nent does not and shall not
� be deemed or construed to confer upon or grant to any
�
� third party or parties, except to parties to whom Gliders
� may assign this Use and Lease Aqreement in accordance with
i`
� the specific written permission of the County, and excepting
f any successor to the County, any rights to claim damages '•`
a or to bring any suit, action or other proceeding against
either the County or Gliders because of any breach hereof
�
or because of any of the terms, covenants, agreements or
t.
i conditions herein contained.
�
4
�
�. 3.16 Waiver
a
w No waiver of default by either party of any of the �
_� terms, covenants or conditions hereof to be performed,
kept and observed by the other party shall be construed, �
_�
�
� � i .
-16-
>r
Y�,'ty�.y
tf 5����L�'
. G�T-��„�; � .
ss��'%�.,i � . . . . .
. � �---__....- =-'��. .. ... _.�.. . �� . . . ..
. .._. .._ ....'"'...__.� �_....�..__.,.._�..._�.._... f ,�..
. . . . . . . ��,,.
�. . � � � . . �.
. . . . . ,t•F.�
�� . . .. � ' - . � � . � � W .
� .
or operate as, a waiver of any subsequent default of any
of the terms, covenants or conditions herein contained,
to be performed, kept and observed by the other party.
- 3.17 Covenant Not to Gzant More Favorable Terms
County covenants and agrees not to enter into any lease, �
contract or agreement with any other glider service with
respect to the Airport containing more favorable terms
than this Agreement or to grant to any other glider service
rights, privileges and concessions with respect to said
�
Airport which are not accorded Gliders hereunder, unless
1 the same rights, privileges and concessions are concurrently
i
and automatically made available to Gliders.
;
� 3.18 Agreement Made in Colorado
This Agreement, shall be deemed to be made in and
, construed in accordance with the laws of the State of
i
; Colorado.
:`, �
IN WITNESS WHEREOF, the parties have executed these �
a;_,
. presents by their duly authorized officers on the day and �
year first above written. I
�
PARTY.OF THE FIRST PART �
THE BOARD OF COUNTY COMMISSIONERS � „
" ..;�,. OF PITRIN COUNTY, COLORADO
-'1�jTT$$�t:
_ '.�." . . � �
,., "a.<'�-� � c' BY ������,��
x Robert W. Chil' d, Cffa3rman
.°:; �..�� -�
_„�„�!' ,�ept�� C,�er 4 and Recorder j
�wa� �
.'"'". ''�..'�"`�'��"� ...�,-�. PARTY OF THE SECOND PART �
,� .. ... _
'' :a'"'�:`�•'��'�' GLIDERS OF ASPEN, INC. � '
_-=�1�T�5�''e'.
--u-..ti ���J /� � / � I.
/�� d� c� By �� �.0 � �
4 �—�i
�—'---..._...._ _ �
APPROVED AS TO FORM: �__---- l �
I
� ..r._a_�'•_=�.��d,''F��F��l�CA� . �1! � .
•County Attorney I
t
�
�
,
-17- `
^y' •�
r
T'�'`y15:"`tt[x��