Loading...
HomeMy WebLinkAboutbocc.con.043.1977 ..._ ...� . .._.... ... ..�wwrurw.���- ..�...., . .. .�{ . - �s� � :, � . . * >�,�y' � _.._ .. ....... . . . . .... . ._ . . ..,.. .. . .. . .. . �S r ._(-�..^ �:{� 1 . �tq', .�: . ` � USE AND LEASE AGREEMENT I �13177� I THIS AGREEMENT, made and entered into this 25th day of ( � July, 1977, by and between the BOARD OF COUNTY COMMISSIONERS �. . I., : OF PITKIN COUNTY, COLORADO, a hody corporate and politic and constituting a political subdivision ef the State of Colorado, being the governing body of the Pitkin County Airport (Sardy Field) , hereinafter referred to as "County", Party of the First Part, and Gliders of Aspen, Inc., a Colorado corporation, hereinafter referred to as "Gliders", Party of the Second Part; W I T N E S S E T A: WHEREAS, the County is the owner, sponsor and operator 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 service, and wishes to occupy space on the Aspen Airport to operate the same; and WHEREAS, arrangements have heen made between the County for the use by "Gliders" of a portion of that 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 a covenants and agreements herein contained, the County and "Gliders" do hereby mutually undertake, prqmise and agree, each for itself and its successors and assigns, as follows: � i:, � __.. . ___ '�'s 'r�':� � . , _; �� ;k_ ...._ ,. _.. . _ ,� _ _ . �'��`; ��. _Z_ Part I � ? GLIDER OPERATING AREA ? 's ; 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 shaded in red oa Exhibit A for the expeditious loading and unloading of passengers and the :hooloing up of their gliders to the towplane for immediate takeoff.. "Gliders" will utilize the area shaded in blue for the parking of f"wo (�) vehicles £or the purpose.,of handl�ng�customers check=in and paper work. 1.02 Terni.of Zease Agieement } The term of this I.ease shall be one year commencing on June 1, 1977, and terminating on May 31, 1978. �: i' r 1.03 Utilities and Taxes � The County shall supply, and assume the costs of, water, �" electricity, trash removal and snow removal, provided however, � that "Gliders" shall assume the cost of any and all e7.ectrical � circuitry, telephone and teletype apparatus it may install. �. "Gliders" shall pay any and all personal propertp taxes assessed � on the premises except that attributable to improvements made by � the County (which cost the County shall assume). � ' � 1.04 Coriflict with Other Commercial Operators j a 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 operators. f 1.05 Limitation on Use "Gliders" is granted use o£ the areas hereinabove described for the purposes normally associated with the operation of a � '`-,� � ., ,� � ;� .__._ _ . . i __ . . _ _..... , s.._ t�'::tir..'S:: t,. :;;::_,: t� _„�., . .. _... _ .. _ . :�.:�:, ,,,,._, �,.,r .,...�-, - �, . b ��;: t���.. , {�u.,, z., .,: —3— •'i-',s i glider operation; except that, in no event shall any area be used ' as a car rental or leasing agency, for providing hotel or lodges i � reservation services (including te2ephone "hot lines" therefore) � or for providing taxi or limousine services. � . . . � . 1.06 Additional Use of Non-Exclusive Areas � If 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." Subject to reasonab2e rules an@ regulations, "Gliders" shall have the right to use £ive (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 eatitled 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 limitation, sweeping, and trash col.2ection. . 1.08 Signs "Gliders" agrees that no signs or advertising displays shall be painted on or erected in any manner upon its premi.ses without the prior wiitten approval ot the Airport Manager; and that signs identifying "Gliders" will conform to reasonabZe standards established by the Airport Manager with respect to type, sign, design, condition and location. p a ,� ,. .��M1'.�,�.;:�;. - �� ,)��v{ ' . . .. .. . .. . . . . �.rr. ._.. � y.. .vr4Jr.+`� :. ..� ... .....':.' LiL'SL��.txu�i.. ..� �-k"�: •. �f •:f. . �...v�. �•R - �� - ...�..._ru�l -'jx� � L�� �t Y.-', L �r�,�_ ':�::=: -4- �_ Part II PUBLIC AIRCRAFT FACILITIES � $ 2.01 "Public AiYCYa£t� Facil�ities" Defiried � t� As used herein, the phrase "Puhlic Aircraft Facilities". � �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 grant exclusive use), and (d) any extensions i� ' or additions to the above and any other space or facilities � �: provided by the County at the airport for public and common use � by aircraft operators in connection with the landing and taking off of aircraft, or in connection with operations hereina£ter author- ized to be performed by aircraft operators upon the aforesaid runways, taxiways and public passenger ramp and apron areas; but �- only as and to the extent that they are from time to time provided by the County at the airport for public and common use by aircraft operators. �: p 2.02 Public Aircraft Fac37it3es to' be P=ovided ;',� The County agrees to provide, and to maintain in good . ;�� condition and repair at the airport, in accordance with good :9 �� airport maintenance praatices, and, during the term o£ this :�. Agreement, to make available for use by all aircraft operators �a ,`� the Public Aircraft Facilities, and any additions or improvements thereto. The County sha1Z remove snow and ice from the Public }; Aircraft Facilities. ;.; ;.� • - The County may from time to time increase the size or ;, capacity of any such Public Aircraft Facility or make alterations f� thereto or reconstruct or relocate them or modify the design and ;:� :i :� type of construction thereof or close them, or any portion or � portions of them, either temporarily or permanently, provided, that � reasonably equivalent Public Aircraft Facilities are made available s; i y� to "Gliders" in a reasonable time and the County agrees to attempt � i � !� _ . _ _ '" ?i.,_, :iv;: ..( �.��-.. C � . . .,... . ....,. . . . . . .. .. . ,. ... , �r.�, . F'' ,.;�y;. � J' V �F .'a;ri;.._ -5- 3���` ,�� � to keep at a minimum any disruption or inconvenience that such ; projects may cause and "Gliders" shall not make any claims £or � such temporary disruptions or inconveniences. 2.03 Use of Public Aircraft Facilities ' . I � i "Gliders" shall be entitled to use the Public Aircra£t � facilities in common with other operators of aircraft for the foZlowing purposes: � (aj 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 taxi- I. way "E" without the prior written consent of the Airport Manager. t It is understood and aqreed 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 � adopt any airport rule or regulation which shall for good cause i be unacceptable to "Gliders", then "Gliders" shall upon thirty i (30) days written notice to the County have the right to terminate ! this entire agreement if the same sha11 not be rescinded or mod- ified to the satisfaction of "Gliders" during such thirty (30) day period. . ( 1 � � �. � C i� ;:.:,.,C,H1't..- . DG:,'�.iir....��' ;,. , ��.����T� � _ . r ry�{-� �;', . ' . ,ai?�;a..3',jr:: . _ _. ._ . . ,_ . ... . .. _ .._., - �����ft, � ��. �S��-. -6- �*�,'.� 2.04 Use in Wartime or National Emergency _ 0 It is agreed .by "Gliders" that during tfie.time of war or � national emergency the County shalZ have the right to enter into � agreement(s) with the United States Government for military use of � part or all of the Public Aircraft Facilities, the publicly owned ; 4 _ air navigation facilities, and other areas or facilities of the t airport, and if any such agreement becomes effective, the provisions �. of this instrument, insofar as they are inconsistent v�ith the � provisions of such agreement(s) with the Government, sha3.1 be � subordinated to those agreements. � 1 2.05 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 Destrnction of Pxemises � fi . � It by reason of any cause "Gliders"' exclusive or non-excZusi.ve spaces are damaged to such an extent that such premises are untenable � in whole or in substantial part, then: � A. The County wi11 make all reasonable ef£orts to provide � . � substitute facilities, and such substitute facilities � s will be made available to "Gliders" in accor8ance with # e;: the schedule of rentals, fees and charges for the use ' � of the airport as provided herein. g. � d , . B. Tf the repairs and rebuilding necessary to restore such � premises to the condition existing prior to the occurrence of the damage are in the reasonable ju@gment of the County justified in the light of existing or contemplated construction programs, and can be completed � 3 � i Y ii . >> _.__. . . ..___...... _....�,......,. ..,.._...._._. .. .. . .............. .... _.... .._.:... .... :._.. __ _. _. ._.. .. ... .......:..._... �' , i'�� �r� . _ n � � x � � � �- . . . - � - ... ..._ ...� ..:�.r:' !c -R'J'.�YirY�ur� �. .a1uT�� V�j�� _ . � � .. �.. . .. ... ._ .... .�... �(6� �c ..''r"��'. �4:1y(�'�. ' ,;...-;:.: _7_ _...... . . . . .within ninety (90) days from the date on which the damage =� occurred, the County shall so notify "Gliders" in ; ;: writing and shall proceed promptly with such repairs and � k � rebuilding, and, in such event the rental there£ore � shall be abated � rata for the period £rom the� date•of � the occurrence of such damage to the date upon which �` � said repairs and rebuilding are completed. � 4 r ;; . C. If such repairs and rebuilding are not, in the reasonable � judgment of the County, justified in the light of � M existing or contemplated construction programs, or i£ � 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 a£oresaid, or (2) terminate . the letting thereof, in which event the said rent there£ore shall be abated from and after the date of �.: the occurrence of the damage. � 3.02 Surrender o£ Premises "Gliders" covenants that at the expiration of the term hereof or at the earlier termination o£ the letting thereof, it will quit � and surren8er all such premises in good state and condition, reason- � � able wear and tear, Acts of God and other casualty excepted and "Gliders" shall at its expense forthwith remove therefrom all equip- ment, trade fixtures and personal property belonging to it. The County shall have the right on such termination, to enter upon and take possession of such premises, with or without process of law, without liability for trespass. I Should "Gliders" hold over the use of or continue to occupy � any such premises after the termination or cancellation of the letting hereof, such holding over shall be deemed merely a tenance £rom i � i � � I I � , _ _ ...,. _ -._...... ._ , -. - , i�?� � .._.... - -� --rrvn ...__.._. .- `w� 2 S, -!J - t� i s'«�v . . . . „+4.. . _.. ... _ .. . ...... _ .. �Xi. r �:., -8- �;` i i month to month upon a monthly rental in an amount equal to the s : monthly rental required to be paid for the month next prior to � i . such termination or cancellation, and otherwise (except for the term thereof? on the same conditions as herein or hereinafter provided. i 3.03 Notices �' All notices required to be given to the County hereunder shall be in writing and shall be sent by certifie3 mai1, return receipt requested, to the Airpart Manager, 506 E. Main Street, Aspen, Colorado 81611, with a copy to the Board o£ County Commissioners of Pitkin County, Colorado at 506 E. Main Street, Aspen, Colorado 81611; all 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 ot Aspen, Inc., P.O. Box I75, Aspen, Colorado 8I611 provided that the parties, or either of them, map designate in writing £rom 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 "Gl.iders or sai@ 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 oP the Airport Manager and trans- mi.ttal to the County Finance Department at 506 E. Main Street, �. Aspen, Colorado 81611, the following records of the precedixig month's � activities: * .. f � A. Aircra£t landing reports listing by such date the number and kind of aircraft landed by "Gliders" at the airport ' showing the total of each such aircraft for the preceding month. t. � � �, . � __. __._. - - __ _ ._ __ ,, : .. .. _ �'.:A��,bjM'iF.: ,i r',1 ' . - , � : ; ,� r:�,., .;F*`' _ _. . .,_ . �,� _ � -a��,�: ��.'.: -9- � i � B. Passenger report showing the monthly total of revenue passengers enplaning and deplaning "Gliders" aircraf�'at the airport £or the preceding month. C. A regularly updated list of all owne�s :of• gliders 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 clarification 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 thereo£ and after that said information shall not be published alone by the County in conjunction with the name o£ Gliders o£ Aspen or reference there- to 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 utilizing portions of the airport for purposes of determining the legitimate needs of the Pitkin County Airport after the expiration of twelve (12) months from the receipt therof by the � � � County. ' I : 3.05 Payments • i "Gliders" agrees that it shall, as consideration for this � leasehold, pay to the County at the address as set forth in 3.04 above, the following: A. A monthly rental for their use areas in the amount of • f. � $150.00 for each of the months of June, July, August and E I September. Payment to be made on the first (lst) day of said month. � �j B. The awn of $2.00 per hour for each hour of commercial ! 3 glider operation conducted during those months other than � specified in paragraph A above. Payment to be made by � the tenth (lOth) day of the following month. ! ti �, � _. .. . _. ._ , _...,..., _ ;'��,�:�.:.,�. ..,�.. — ��i . , , Y� � r: - � ..r'.4 ;j�. . . £,«�f � ✓r�f � . . .. .. .:�_ . ._. _ ,..... ..,.. ... . . ... .. _. . . . � .. .. _ }k� t+' t!. ���y�. . �lo� � _.(�'�*.,. � � � C. The sum of $1.00 per tow for each commercial operation i � conducted during those months other than specified in i paragraph A above. � ; � i D. The sum of $20.00 per month,for.their. sailplane/glider. � � trailers parked at Sardy Field during��he entire term of this agreement; and i { `: E. All other charges for services as negotiated by the County and "Gliders" for the use of space, services or for other purposes including, but not by way of limitation, all Police Security charges provided by the County of Pitkin, :.State of Colorado, as required by the Federal Aviation Administration or as may be speci£ically requested by "Gliders." All such billing shall be sent to "Gliders" at the address as noted at 3.03 above or as otherwise directed in writing by "Gliders." F. Interest to be charged at 128 per annum on all overdue amounts, payable upon demand. 3.06. Ihdemhification Gliders of Aspen agrees to release and to indemni£y and save harmless the County, its of£icers, agents and employees, from and , . against any and all loss of or damage to property, or inj.uries 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, liability, actions or proceedings of any kind or nature whatsoever, of or by anyone whomsoever, in any h+ay resulting from, or arising out of, the negligent acts and � omissions and wrongful conduct oP officers, employees, agents, ' contractors and sub-contractors of "Gliders." - The County agrees to release and indemnify and save harmless "Gliders," its officers, agents 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 "Gliders," and from any and all claims, damages, suits, �s � ij� � ..��., ,. . . . .. . . . .. . . . . . ... . ..,,.:, _ _ .�.� __ � _ «,sx,.,;�;, —c,�` `:f�:' T S, . . . _..... _ ._ ... . ..:� ... . ... � .. -+........ ,...:..._. �.�L <� .... .� . .:. .. ._..s:_3�ds.,: :, , -..,�..�.. � �.��... .. - :._ . �, y�� �Y!. d Y�{��... —��— ' i�:... costs, expenses, liability, actions or proceedings of any kind or �" i nature whatsoever, of or by anyone 'whomsoever, in any way resulting " ;� £rom, or arising out of, the negligent acts and omissions and wrong- �� � ful conduct of of£icers, employees, agents, contractors and sub- � u aontractors of the County. . � � 3.07 Insuran'ce � Gliders of Aspen agrees that at all times during the term �. hereo£ or any extension hereof, it shall maintain in force such � � bodily injury and property damage insurance as may be required as a condition o£ any operating certificates that it is required to � have £or its operations and shall, if not otherwise required, main- tain bodily injury and property damage insurance covering all of its operations and activities at or upon the airport, but with limits of not less than $.L00;000/300,000 for liability and $100,000 . for property damage and shall further specifically maintain in �orce workmen's compens.ation insurance for all its employees at said airport. All policies of insurance so maintained, except I . (�Jorkmen's Compensation insurance, shall name the County of Pitkin, � State of Colorado, as a co-i,asured thereundex. Gliders of Aspen i further agrees to provide certificafes satisfactory to the County of the kind and amounts of said insurance coverages reflectinq that the County of Pitkin, State of Colorado, is a co-insured ' I thereunder. � � 3.08 LaWs an8 Regulatiot�s � � As a condition of thi:s Agreement, "Gliders" agrees to cause its officers, employees, and any other persons over whom it has control to obey and comply with all existing and future laws, and . t` all lawful directives, conditions of certificates, and rules and � - �. regulations adopted, promulgated, or ordered by the United States � Government or any of its agencies, State of Colorado, or any of � its agencies or political subdivisions including, but not by way of limitation, the reasonable rules and regulations o£ the County, all as may affect "Gliders"and its operations and activities in and at the airport. � i ,; i �� ._..... __.. _ _ . ... ... .__..._ _. _ __ _. _ . _ a.;..�.r ��: .:�+.. :..�, , t,;. . ,� �'`•;4d;..�? ' . . ..,. _.. ...... ._ � . _ . '._.. � . . �� . .. . � .. 'tei�� . ". '.'.':af'wt:i'_ '. ' :.:. � . .r,..:......� _.. .... , y��.,y� a���l;,. Ti��4•;��� -12- I ",'�:?. I 3.09 No DiscriMination � The parties hereto cavenant and agree that no pezson on the �I ! grounds of race, colour or national origin shall be excluded from ( participation in, denied the benefits of, or be otherwise subjected i i to discrimination in the use of said facilities, (2). that in the ' � construction of any improvements, on, over or under such land and ; i the furnishing of services thereon, no person on the grounds of race, colour or nationaZ origin shall be excZuded from participation � in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the parties shall use the prei[iises in compliance with all other requirements imposed by or pursuant to Title 49, Code of ! Federal Regulations, Department of Transportation, Subtitle A., - I 0£fice o£ the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department ot Transportation - Effectuation of Title VI of the Civil Ri.ghts Act of I964, and as said Regulations may be amended. � � 3.10 Purchases by Gliders� of Aaben Property, services and materials (except as otherwise i provided in this Use and Lease Agreement? may be gurchased or otherwise obtained by "Gliders" from any person or cozporation of its choice, and no unjust or unreasonable discriminatory limitations, restrictions, charges or conditions shall be imposed by the County, against "Gliders" or its suppliers, for the privilege o£ purchasing, selling, usinq, storing, withdrawing, handling, consuming, loading, unloading, or delivering any personal property of "Gliders" by "Gliders" or its suppliers, on the premises granted for such use, or for the privilege oE transporting such personal property to, from or on the airport, subject to reasonable rules and regulations i ; for traffic control and security. Tt is understood and agreed by the County that the fees charged as provided herein are sole charges made for the rights � and privileges as set out in Part I hereof, and that any supplier i 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 i ' � � •.� , :?��, Fx.. ._.� i.- - `=:.� »�� -.a., �% ...,. . .. _. - t ", y`+,; . .. . ... ��ry . �yt. 54 fi�'. -13- �s;;r' � "Gliders," except that it is understood and agreed by "Gliders" that � the County may impose reasonable regulations for the secure and safe � handling of said fuel by any such supplier as are consistent with Federal Aviation Administration regulations or requirements respecting � the same. � � 3.11 Cancellation by the County � . In the event "Gliders" shall file a voluntary petition in I , '. bankruptcy or that proceedings in bankruptcy shall be insituted � ., against it and "Gliders" thereafter is adjudicated bankrupt pursuant j to such proceedings, or that the court shall take jurisdiction of I _ "Gliders" and its assets pursuant to proceedings brought under the ization act or that a receiver � provision of•any Federal reorgan , of "Gliders" assets shall be appointed, or that "Gliders" shall be divested o£ its estate herein by other operation of law, or that I ".Gliders" shall fail to perform, keep and observe any of the terms, covenants of conditions herein contained, on its part to be performed, the County may give "Gliders" written notice to correct such conditibn or cure such de£ault and, if any such condition or default shall continue for ten(10) days after the receipt of such notice by "Gliders," the County may, a£ter the lapse 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 wsitten 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 Dse and Lease Agreement 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 1 and 2 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 Aviation Administration Regulations respecting use of the Pitkin County Airport. � � i' 1 . _ �. ��"'.»':>:»• �.. ., ... ., •'j � � � _� _ �y�� : .:3�i°45�1`l� . . .. .. . . ,.... . . . . . .. .. ,..,. _. . .._,_ ...,. -�........_.._ �:.. _.�,..:.:.�....-.... . . — �e�:', r .ax?,�p'-. .L"R; . -14- �'s�. �� �'�+;:: 3.12 Canaellation by GZiders of Aspen ;- "Gliders" may cancel this agreement, and terminate its �i obligations (except those accrued prior to the date of termination) `� hereunder at any time, by sixty (60) days written notice, upon or h. � a�ter the happening o£ any one of the following events: The � . ' ` termination or suspension of all "Gliders" certiPicates of public � convenience and necessity or other required authority for the q � carriage o£ passengers, and property to, from or through Aspen, Colorado metropolitan area or its environs; issuance by any court � _ I of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport for purposes � �that wouZd prevent all "Gliders'".operations; the breach by the County of any o£ the covenants or agreements contained and the failure of the County to remedy such breach for a period of sixty t (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 i� proceeding expeditiously thereat, the Use and Lease Agree- ment shall not be cancelled); the inability of "Gliders" to use the public aircraft facilities continuing for a longer period than sixty (60) days due to earthquake or other casualty; or the total subordination of the rights to the public airfield as set out above. Cancellation by "Gliders" under this paragraph of this Agreement sha12 be termination of the rights of "Gliders" under both Parts 1 and.2 hereof, the two parts being mutually inter- dependent; PROVIDED that the same shall not be construed to prohibit use of the Public Aircza£t Facilities by "Glidezs"in , � accord of Federal Aviation Administration Regulations respecting the use of the Pitkin County Airport. 3.13 �roposed County Transportatibri System "Gliders" acknowledges that it understands that the County is considering the construction and operation of a public mass ground transit system which may restrict or prohibit private vehicular (including renta2 cars, and employee parking to the extent that the � i � �. � .., _ . .. _ i •� •--__ ___.,_:..... ___. .._.. .. __._.. . _......_. .. . _ _ . _ _ t� _ �� .:,'..j._...; , ' . 'f� {'.s����y . .. . . ,� . , _. _.... _. .:, ... .. -. .. ... . . �...� . . �. �Y.4� � �!! y �},:. 4^r��'• —],$— ,..s�.. � � the same may be practically used by the company's employees) access to the Airport. County agrees that in the event it shall construct ;, 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 transpoxtation in lieu of "Gliders" regularly scheduled operation occasioned by inclement , 1 weather or other emergency as provided for above. I 3.14 Assignment "Gliders" understands and agrees that the assignment or transfer of any rights or promises granted under this lease shall be made anly upon the specific written permission of the County or in accordance with the terms of this Use and Lease Agreement. 3.15 Third Parties • � This Use and Lease Agreement 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 Agreement in accordance with the specific written � permission of the County, and excepting any successor to the County, � any rights to claim damages 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 conditions herein contained. � .4 ! 3.16 Waiver ( 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, or operate as, as waiver of any subsequent default of any of the terms, covenants or conditions j herein contained, to be performed, kept and observed by the other � party. { 1 „ ; r .:._ � 3 f i � _...,..._.._ . .__ .. ___ .. __ _ _ . ....__ . _ .I .� , .., . :��;;,, r - .F�.�.`.,Fo • ._..._. - � �' r' , �•:�� -16- ,��. s: C 3.17 Covenant Not to Grant More Favourable Terms i� it County covenants and agrees not to enter into any lease, � contract or agreement wit.Ii any other glider service with resgect � to the airport containing more favourable terms than this lease or � to grant to any other gZider service rights,. privileges and r � �.. , . . concessions with respect to said airport which are not accorded � "GZiders" hereunder, unless the same rights, privileges and � concessions aze concurrently and automaticaZly made avaiTable to "Gliders.° Agreement Made in Colorado THIS AGREEMENT, shall be deemed to be made in and construed in accordance with the..laws oP the State of Colorado. IN WITNESS WHEREOF, the parties have executed these presents by their duZy authorized officers on the day and year first above written. PARTY O� THE FIRST PART BOARD OF COUNTY COMMISSIONERS OF PITKIN COi7NTX� COLORADO � /] � �} � ,;�_„lG�R�' G. e �(! J / )/ . . m : �:� �� f i i �%r�i w �'���� : t�l Chairman y . . <ri`Y �'t � a�a " t� r i i �� };��. p°' �.} ✓� . . � �,, , .. -�J�1• � � . . '� {t� ... . . . . . . . . . . . . .� ` � i{� ? � ,y� . . . � �_ 1 '-.������� W(�C/j PARTY OF THE SECOND PART r. .•.,, ,,.. ,,..� : GLIDERS OF ASPEN, INC. �1re�,. ti ti .�,..,,;. � '`. � �//� ATTEST: BY= 1 t i�/� APPROVED AS TO FORM: � l,�, c/!�'i�rr�„r��.GC-L�G9.i �� � ,.,.... ..,._. .._ .___ _ ,.... .. _ _ _ _. _ _. _.. ._.__--.. .. ��:.-:.. ?;�, _ I __-..__,.M.�..��. _. ------.-,.....r���e...�. --- x� ' ; :: t .g y .� °i1` , �i ���': . _ .. .._--._._ .u... - _•__.�.�_.�.�.•.,..�_......___.._......,�..._._....._........ . . .. ',�Y.. . �f`., . .� . ,...�_.. �.. _ ...1.... ...... ._.. .....""'_ ""i_"�_�_ . ". .' r:. . . . ' � � j -,-� .. -, it � G. �' ._ 'j S ( . _ i -� , . .;.. 1 . .1�.1 .. ' . . . � =' ti. � i t i � �. 1 �'j � � �" : ' i � - � � � �t . - _�':N . . � i � � � . . � , . . �_� 1..._ � _.__._...,.._,_-r. - !': � :� \ , .` - � � �, ;�=_` � _., ' ,� �:. . y � j � f t � �!,�' , ' 2 ' 1 ` , i � ' � ' ,t i � �� � � ti� � � � �3 ;4 � , , ' , � {_� . , o ; ' � � � ' j ' � ' 1 � � � w N � I �' � � r., � ._ ._ � � r � t '� o _ 11 � � ; �S � j � � � � o � :., ;� ,..��, t ' ; ' ; , � I �, . . ;� ( ' i�' I � I t I `' � � �i ! ! � a w , _ �� �. . � � � H . . y... � ..._ C: � + 1 � ( Cn , fD '� � - .. '� � ' .. , .. -_._. : --f"h� .� � . -- '�' . :S i :.�� .,.-_ � ( �� ' � , U � i t t ( � t ' ' � ' 'D � t 7 j �.� - r i �- + ; r ,. � `j s . ,{ . iF ' .. [•.� J -r . . . � 7: � � � .� � � � ��`� � � . . - t•� � � 1. !. �� . I. i. . � � - . Lg . . .. � . � . 't�!� L � - 1 - -� ---; i r �'. 'j ' � � _ �- ; i r � ' � '���� - k.. �-- . , r <� � ' <( js � : '�.. ; ' , 4 ::? �; : ' ,s m i � ! i � l { " � r� f)3 k � � .n b i�� J , � � . -j .s,,.---1 �� i ! C+� . N O N .�� �i . ' � ' . - �L-! �_� - ` .r� W P' . . . .O �,��4 ' i � i � � ! 3 � � �. � �i ' ; i i . r. � x .tl• . � m '� ,_, t � � . } � . : �:.� 7 . � p �, ,. :K , y � 1 ( . � � ��� . � l� . . i .! f � i `� N . 3: . . �i t � ! � i � ti' ' _ � � i j i 'c n `� .l . ; � t / : 4 1 f� 6� �. . . . . .� . . .{11 .. ,.�! . ! � ,. .. c7 .�J . . � � . � . � ;i � . .`� � � .i'.; '.� . , ; � .� . ' . .. _ :'�.. . 'f I � - . ' ' 1 .� .� . . . . ... �- : . i . + I + ; . _ .i , . _ ; : i _ _. ; . , : _ ; , . , � . :._... . .... .._._ _:;_,__..:�_ . ; _ ; ,� _ ±�....