HomeMy WebLinkAboutbocc.con.057.1977 __ _ � __ ___
�
;�
, � _
�,��. � '
. .
.. . . _
. ._. . .. . '�Y. i:.i �-..,.`.�e. =tf :..1�::?
" .''l?". S .
�����_
�;!�i`.
�
1
USE AGREEMENT
�/ �G 7 7� I
I
i
f
THIS/A)GREEMENT, made and entered into this �`�ay of �
(/P�('_ � , 1977, by and between the BOARD OF COUNTY i
I
' '
,: CONIl+IISSIONERS OF PITKIN COIINTY, COLORADO, a body corporate and i
?, �
politic and constituting a political subdivision of 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 Crested Butte Air Service, Inc., a Colorado
corporation, hereinafter referred to as "Crested Butte", Party.
of the Second Part:
`:;�
-'4;j
�,`� WITNESSETA:
;';
.`'3 '
;;;:i
�!
�;;� WHEREAS, the County is the owner, sponsor and operator of.
rTt the Pitkin County Airport, a public airport, located in Pitkin �.
;
� County in the vicinity of Aspen, Colorado, (hereinafter sometimes �
. � referred to as the "Airport") and at which it makes available
r' public airfield facilities; and
u
>.'. . � ��� � .
�tt �,
� WHEREAS, Crested Butte, in addition to other air services, �
. �
, intends to operate scheduled air passenger service, and wishes �'
� to use said public airfield facilities to operate the same, _ ;..
�.
NOW THEREFORE, for and in consideration of the mutual cove- �.
nante and agreements herein contained, the County and Crested �
`: :q
+ Butte do hereby mutually undertake, promise and agree, each �
;; for itself and its successors and assigns, as follows: �
r; ��
;f �
1�i Part I !i.:
PUBLIC AIRCRAFT FACILITIES �
1.01 "Public Aircraft Facilities" Defined �
As used herein, the phrase "Public Aircra£t 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 �
;��:
. �.�
r'a`�:
=s�
LL'
(�_ .
`� L
' � e
�3' �
;! �
yt"`. •
.� ._, �..
'.
_ :, ,
i.;�-
.._ ., � . .. ..__. ...... . . .. ... .., � ... .
. _ ��,�,s,
�!
�•;��
�
County has previously, or by this agreement, or may from time to
time lease, assign or grant exclusive use), and (d) any exten- i
sions ox additions to the above and any other space or facilities � I
i.
provided by the County at the airport for public and co�on �
- s use by aircraft operators- in connection with the landing and . � .
taking off of aircraft, or in connection with operations herein- �
after authorized 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 the aircraft operators.
1.02 Public Aircraft Facilities to be Provided
The County agrees to provide, and to maintain in good condition
and repair at the airport, in accordance with qood airport ,
maintenance practices, and,�during the term of this Agreement,
to make available for use by all aircraft operators the Public
Aircraft Facilites, and any additions or improvements thereto. � .
The Covnty shall remove snow and ice from the Public Aircraft
Facilities, including non-Exclusive ramp spaces'as hereinabove
defined to as close to the air terminal as possible.
The County may from time to time increase the size or
capacity o£ any such Public AircraPt Facility or make alterations
thereto or reconstruct or relocate them or modify the design and
type of construction thereo£ or close them, or any portion
of portions of them, either temporarily or permanently, provided
that reasonablg equivalent Public Aircraft Facilities are made
available to Crested Butte in a reasonable time and the County i '
agrees to attempt to keep at a minimum any disruption or in- i
i
convenience �that such projects may cause and Crested Butte shall f
�
not make any claims for such temporary disruptions or inconvenience. i
-2-
;+:
,j .
� , . _ _
���r:,
__..
:,;.. _
;. �. .
:�r s :.
a�;:
, . . , _ :- _ .
� . _ .:. ... ,.,,. : , ,..
� .- . , . �t-v.n�.i.di�.ro:�t. . _. .�4HirYni::�. ,.i,��+Jx��.
��ti��..
. �. .
�
1.03 Use of Public Aircraft Facilities ;
Crested Butte shall be entitled to use the Public Aircraft
i
Facilities in common with other operators of aircraft for the
following purposes: i
(a) Runways, for the purpose of landing and taking off of
aircraft ;
- i
(b) Taxiways, for the purpose of the ground movement of �
i
aircraft '
� �
� -
(c) Public passenger ramps and apron areas, for the purpose �
of unloading and loading passengers, baggage, freight
mail, supplies and cargo to and from the aircraft, to-
gether with the right to use designated portions of the
ramps for delivery and pick-up of freight, cargo, and
mail by ground vehicles or other means and the right
to reasonable use for it or its contracted vehicles
servicing aircra£t, and for the purpose of performing
such fueling and other ramp services; all of which
rights to public ramp and apron are more extensively
defined in Section 1.06.
(d) Any other use normally incident to the foregoing.
It is understood and agreed by Crested Butte that the use of
the Public Aircraft Facilities may be in common with other public �
users, upon compliance with the reasonable and non-discriminatory �'
I
terms and conditions (including the payment of rates, fees and
charges) upon which they are made available Por such use, and in
��
con£ormity 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 be unacceptable to C-re�ted Butte then Crested Butte 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 o£ Crested Butte during
such thirty day period.
�
1.04' Terin for Use of Public A"iroiaft" FaciTities �
I
Crested Butte shall have the right to use the Public Aircraft
30 .
Facilities for a period of 26.months commencing on April 1, 1976 �
_3 I
�
�
�
y
�
'i� . _. . . . .. . , .
J_., ... . . . ._ . . . . . . . . . . .
:d:?`.
........_.,._ ._,._.._._ ...__ IW111�1 . _..
. _....... .... _.. YeYYI.. .
I ....�. . �_ .
:�T '
' ,�At f ����J- . . .
�` J'G,Y
t.. -. . . . . . .. .. . . .. � � -
i ' ;".,� .�.� .._., .. . �,,,t �....:... ..::.�. , .�..r.,-. .ti. "LL'�,�.S.r..kR6 ��ID.
, " � !
1���,
i :�S�k::
�
and terminating on :Sept'. 30, 1978. This Agreement may be renewed
;;j upon terms and conditions mutually agreeable to the parties
hereto psovided, however, that nothing herein shall be construed
N to require Pitkin County to renew or extend the term of this I
°' fAgreement.
. ,"�1� . . � . � � � i
1
,�
3
`� 1 05 Rates and Charges for the Use of the Public Aircraft Facilities
� A. The rates and charges for the use of the Public Aircraft j
i .
� Facilities during the term bereof shall be as established, and as
3
the same shall be modified by it from time to time by the County
� within its sole discretion, all as empowered to and within the
jjurisdiction of counties in the administration of County airports
Iunder 41-4-106, C.R.S. 1973, and the same payable in monthly
installments as hereinafter provided:
(1) A Pee for each revenue landing of an aircraft
computed at the rate of a dollar amount per thousand
pounds of maximum allowable gross landing weight of
such an aircraft at the airport; and a fee for each �
non-revenue landing of an aircra£t computed at a rate
of in terms of a dollar an;ount per thousand pounds j
. of maximum allowable gross landing weight of such air- �
craft at the airport.
v
(2) No such £ee will be levied or assessed in the
� event an aircraft departs £rom the airport for another
� destination which aircraft, without making a stop at
; another airport is forced to abort its flight and to
� return to and land at the airport because of inetero-
�; logical conditions, mechanical or operating causes
or for any similar emergency or precautionary
;;, reason.
B. The County shall provide Crested Butte with thirty (30)
days advance written notice o£ any change in landing fee amounts.
In the event that Crested Butte shall determine that it is unable
� or unwilling to pay an increase in landing fees as made or imposed
by the County, Crested Butte shall have the right to terminate
this entire agreement by notifying the County in writing of its
decision to so terminate, and if it shall so notiPy the County �
of its decision to terminate this agreement then the right and
obligations of the parties hereunder shall come to an end at the time
when '' such increased landing fees are to be effective. �
i
I
�
c
r
�
�3. ,<., -
. . ,_ _
i�,.:. _
':,__,.
_ .�..��,� __..._._ . _..r_ �.
, . .
;.:;:.: : _.:,
. '- 1 q�!� , . .
�F't � '`' . .
;;:y��wn t '�} .
, . . . . :_. _.._. ._ _ . � .
.. . . . . . ... .. _.
. , � _.. . .. , . ,-�.; -�...�._ . ;;..,:..,".,�:..� :. ....�.�� : ,.�'
T. . :�. � �T+�
�4':
�
��� '
.l"i
�
• I
j '
�
C. The initial rates and charges for the use of the public �
Aircraft Facilities until modified by the County in accordance
herewith shall be as follows:
�
(1) A fee for each landing or an aircraft computed at
• the rate of $.50 per�thousand pounds of maximum �
allowable gross weight of such aircraft at the airport;
and a fee for each non-revenue landing of ais aircraft
computed at the rate of $.50 per thousand pounds of
� maximum allowable gross landing weight of such aircra£t
at the airport; provided there is imposed for each
such landing the minimum sum of $1.80 whether such
landing be for revenue or not.
(2)' No such fee will be levied or assessed in the event an
aircraft departs from the airport for another destina-
tion which aircraft, without making a stop at another
airport, is forced to abort its flight and to return
to and land at the airport because of ineterological
conditions, mechanical or operating causes or for
any similar emergency or precautionary reason.
The method and time of payment are set out in Part II below.
1.06 Use in Wartime or National Emer ency
It is agreed by Crested Butte that during the time of war
or national emergency the County shall 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
air navigation £acilities, and other areas or facilities of the
' airport, and if any such agreement becomes e£fective, the pro- I
visions o£ this instrument, insofar as they are inconsistent I
with the provisions of such agreement(s) with the Government, shall ;
�'<
be subordinated to those agreements. � -
PART II �
j-
GENERAL PROVISIONS I `
I
'° 2.01 Destruction of Premises �
If by reason of any cause the Public Aircraft Facilities are '
damaged to such an extent that such premises are unusable in I
whole or substantial part, then: �
A. The County will make all reasonable efforts to provide I .
substitute facilities, and such substitute facilities
will be made available to Crested Butte in accordance
-5-
t
il f!.
r9•
_ _ __ _ _ _ ___ _, ,�
.� �
��K ���Rf�.�; � .
� � ' ...�. .. . � .... �. ,. '� } . ...
' ...�v1 �f.�3��bdG�.tAil^.�.-•}� i.w`'fik �����: ...�.5 �.` ' .�".,..'..�'Y Y. �..r�..[��9T�C.�v....�.1�A"..� Jw.f:::�/.� � rq�'4%I�.-,G-F� ��' � t yf�"
- �7M�� I-iYi.
t
.��,
#ri.�
Y':P.:r
�
�. , with the schedule of rentals, fees and charges for the use ;
of the airport established and modified from time to time }
by the County or as provided herein. ;
(
B. If the repairs and rebuilding necessary to restore such j
i
premises to the condition existing prior to the occur- �
rence of the damage are in the reasonable judgment.of the �
County justified in the light of existing or contemplated i '
constrnction programs, and can be completed within ninety
(90) days from the date on which the damage occurred, the
County shall so notify Crested Butte in writing and shall :�
i
proceed promptly with such repairs and rebuilding and, in
such event the fees therefore shall be abated for the period
from the date of the occurrence of such damage to the
date upon which said repairs and rebuilding are completed. �
C. If such repairs and rebuiZding are not, in the reasonable
judgment of the County, justified in the light of existing
or contemplated construction programs, or i£ they cannot
in the reasonable judgment of the County, be completed within i
said ninety(90) days, the County at its option, to be evi- �
denced by notice in writing to Crested Butte may either
(1) proceed promptly with said repaiis and rebuilding, in
which event the said rent therefore shall be abated from
and after the date of the occurrence of the damage, or (2)
terminate the letting thereof in which event the said rent
therefore shall be abated from and after the date of the
occurrence of the damage.
2.02 Surrender of Premises . �
Crested Butte covenants that at the expiration of the term hereof �.
or at the earlier termination of the letting thereof, it will terminate
all its use of the premises in good state and condition, reasonable
wear and tear and damage due to Acts of God excepted.
Should Crested Butte hold over the use of or continue to use �
any such permises a£ter the termination or cancellation of the letting �
hereof, such holding over shall be deemed merely a use Prom day to �t:
day on the same conditions as herein or hereinabove provided. 3
-6-
i
E�-w,y;v;'r=^..: . �
..� - _ _ . .,�. _
3 �:: . r
a ` •
�.f::.�;Y;': .
' y����-�
� �M�_i
�
I
�
�
� 2.03 Notices �
", �
All notices required ta be given to fihe County hereunder shall #
be in writing and shall be sent by certified mail, return receipt
�
;,' requested, to the A3.rport Manager, SOfi E. Main Street, Aspen, Colorado
.816i1, with a copy to the Board of County Commissioners of Pitkin
County, Colorado at 506 E. Main Street, Aspen, Colorado 81611; All
notices required to be given to Crested Butte hereunder shall be in
writing and shall be sent by certified mail, return receipt requested, `
addressed to crested Butte Air Service, Inc., P.O. Box 207, Crested
Butter Colorado 81224, provided that the parties, or either of them,
may designate persons in connection with said notices. The effective
- day of service of any notice shall be the date such notice is dep-
osited in the mail to Crested Butte or said Manager..
2.04 Reports
� Crested Butte agrees that it shall, on or be£ore the lOth day
'� of each and every month during the term hereof, submit to the County
liy delivery to the office of the Airport Manager and transmittal to
;n
the County Finance Office at 506 E. Main Street, Aspen, Colorado 81611,
the following records o£ the precediag month's activities:
ia: A. Aircraft landing reports listing by such date the number .
"? and kind of aircraft landed by Crested Butte at the airport
:g showing the total of each such airczaft for the pzeceding
$r
' month.
� B. Passenger report showing the monthly total of revenue
i � .
.� passengers eaplaning and deplaning Crested Butte's aircraft
;}
� at the airporE for the preceding month.
3
� � C. All necessary stetistics relating to gross maximum allowa-
ble landing weights for the preceding month.
Said reports shall be signed as correct by a responsible employee of
Crested Butte. The reports sha21 be on a Eorm provided by or approved
by the County and the County reserves the right within reason to
-7-
�
�
s
•�� .
_..__ _.. _...... __..___.. _ . . . ._. _ . _._ . _,... ,.
w • _ .
�.
���� s ��� . . � . �
.tY
. . -_� ._.... .t.'., ..._ .. .... .. , ...
_ a. �:. ..... . .. : . .. �..- .,,. �. '. �K+�<...��, A . ...,
' . �`,i
J-
7J s' �•_
. .;SS.sPr..
tis!':
y
#
4
ask for such further information or clarification or any matter con- �
tained thereon and Crested Butte agrees to endeavor to provide such ;
I.
information. Such in£ormation shall be kept confidential for a �
period of twelve (12) months From the da,te of receipt thereof and
after that said information shall not be published alone by the I
County in conjunction with the name of Crested Butte or reference
thereto but may be pubZished only in gross; PROVIDED, that the fore-
going restriction shall not be constrixed to prohibit the use and
publication of such inEormation combined in gross with similar
statistics o£ all other air carriers utilizing portions of the air
£acility for purposes of determining the leqitimate needs of the
Pitkin County Airport after the expiration of twelve (12) months
from the receipt thereof by the County. �
2.OS Payments
' �
Crested Butte agrees that it shall on or before the lOth day
of each and every month during the term hereof, submit to the County
with said reports (2.04 above) �
A. Payment for use of Public Aircraft Facilities for the �
preceding month as set out in 1.05 above, and �.
B. Any other charges for services as negotiated by the County �`
and Crested Butte for the use of space, services or for i
V
other purposes including, but not by way of limitation, all Q
PoZice Security charges provided by the County of Pitkin, �
- State of Colorado, as required by the Federal Aviation �
Administration or as may be specifically requested by �
Crested Butte. K
y
�
i
All such payments shall be sent to the County at the address as g
noted in 2.03 above or as otherwise directed in writing by the County. �
E
�
!
�
�
_8_ �
�
a
�
:
�
;� __ ... .......... . __ ._ ____
_ .... . ,
c._.._ . . . � ..... . . � ..
,.e;
,
":';;!
` . � .
-s-, .,�;�::�c
. .. . . ..
_ ,;: , . . ,..�,4:: - .:. . .
1 ,�.r..:y;?-:
I .`71�
� 9�i:
f
�F .
The amount due pursuant to this section, the remaining unpaid ��
C '
x
balance, shall accrue interest at the rate of 12 per cent per annum, �
which said interest shall be due and payable without demand. �
� �
2.06 indemnification �
�
Crested Butte agrees to release and to indemnify and save s
harmless the County, its officers, agents and employees, from and � ,
5
against any and all loss of or damage to property, or injuries to, �
or death of any person or person, including property and officers, �
,
employees and agents of the County, and from any and all claims,
damaqes, suits, costs, expenses, liability, actions or proceedings
� of any kind or nature whatsoever, of or by anyone whomsoever, in �
�
any way resulting from, or arising out of, the negligent acts and �
omissions and wrongful conduct of Crested Butte. �
�
The County agrees to release and indemnify and save harmless �
v,r
� Crested Butte, its o££icer, agents and employees, from and against �
any and all loss of or damage to property, or injuries to,.or death t�
of, any person or persons, including property and officers, employees
�
�
and agents of Crested Butte, and from any and all claims, damages, �
suits, costs. expenses, liability, actions or proceedings of any �. .
kind or nature whatsoever, o£ or by anyone whomsoever, in any way �
�
resulting from, or arising out o£, the negligent acts and omissions �
n
and wrongful conduct of officers, employees, agents, contractors, s
�.
j and sub-contractors of the County. �
€ \
�
2.07' Insurance �
�
Crested Butte agrees that at all times during the term hereof �
_ G
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 that it is required to have for its
operations and shall, if not otherwise required�maintain bodily injury � �
�
a
�`
_9_ �
�
�
�
i
„
� . ._ _ _ _. _ ._... . _...:.... __ _ .._ ..._. .:, '
� _
e.->
�..."..� :;�_.� .
� .,.1:���'.�.. ' '
,j� `r;
. :
. . .. . . . ... . . ..
� ... ' n.i�',.,_.�=•_s�.,,s.::: �. �:"rr�;1"^. ._- �,� ,. :-: ":'_-�.3'a..•..,...,+ .:.���: �:.,• �'��i.i ��3�- �s�
�c�:.
.RSr h:
� `
5
and property damage insurance covering all of its operations..�.arld �
activities, at or upon the airport, but with limits of not less �
than $300,000/500,OQ0 for Ziability and $].00,000 for property damage �
'�
and shall further specifically maintain in force workmen's compen-
i
sation insurance for all of its employees at said airport. A11 �
policies of insurance so maintained, except Workmen's Compensation �
�
insurance, shall name the County of Pitkin, State of Colorado, �
as a co-insured thereunder. Crested Butte £urther agrees to pro- �
vide certificates satisfactory to the County of the kind and amounts �
� .
of said insurance coverages reflecting that the Caunty of Pitkin, ;
' �
State of Colorado, is a co-insured thereunder. �
�
a
�
F
2.08 I;aws and Regulations �
�.
As a con8ition oP�h�Agreement, Crested Butte agrees to
h
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 lawful directives, conditions of certificates, and zules �'
and regulations adopted, promulgated, or ordered by the United States �
Government or any of its agencies, State of Colorado, or any of �-
��t.
its agencies or political subdivisions including, but not by way w
%
of limitation, the reasonable sules and regulations of the County, �
i
all as may affeat Crested Butte and its o erations and activities in �
P =.
and at the airport. :f
::
�
,.
J
2.09 No Discrimination �
�
The parties hereto covenant and agree that no person on the . }
grounds o£ race, color or national origin shall be exc2uded from �
�
participation in, denied the benefits of, or be otherwise subjected �
�
�
to discrimination in the use of said facilities, (2) that in the
�
� furnishing of services thereon, no person on the grounds of race, �-`,
color, or national origin shall be excluded from participation in, �
P
denied the benefits of, or otherwise be subjecte@ to discrimination, �
- 1
(.3) that the parties shall use the premises in compiiance with all z
other requirements i.mposed by or pursuant to Title 49, Code of Federal �
hf.
'�
' �
4P
-10- �
. �
�
:
^ .
r! _ _
�::'e
� j ;, .
r� �t ,����� . .
. . . _. .. ..... . ..-� .
. .
� .....,_. , , � ,.. . ...� .. � '� - te�
� . . _,_. . .. ,, ;. : � . . , .:�
' - ' t;.
�
n"
�r::
^��'.
j
;
i
Regulations, Department of Transportation, Subtitle A, Office �
�
of the 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. • •
;
�
f
2.10 Purchase,s:by Crested Butte `
Property, services an3 materials (except as otherwise pro-
vided in this Use and Lease Agreement} may be purchased or other-
wise obtained by Crested Butte from any person or corporation of
its choice, and no unjust or unreasonable discriminatory limitations,
restrictions, charges or conditions shall be imposed by the County
against Crested Butte or its suppliers, £or the privilege of pur-
chasing, selling, using, storing, withdrawing, handling, consuming,
loading, unloading, or delivering any personal property to, from or
on the airport, subject to reasonable rules and regulations for
�.,
traffic control and security. I.
��
;
It is understood and agreed by':the County that the landing �;
fees charged as provided herein are sole charges made for the rights j
_ and priveleges as set out in Part I hereof, and that any supplier
of fuel used in the exercise of said rights by Crested Butte shall
not be required to pay for the right to sell and deliver that fuel
to crested Butte, except that it is understood and agreed by Crested :
Butte that the County may impose reasonable regulations £or 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.
�
2.11 Cancellation by the County
i
In the event Crested Butte shall file. a voluntary petition in �
i
bankruptcy or that proceedings in bankruptcy shall. be instituted against
it and Crested Butte thereafter is adjudicated bankrupt pursuant to
)
-11- �
i
i
�
�.
}
il '
., ,,. ,,.
�: . - _
_i._
.y.,,.:i c
,;
, �
� �;��
. ..
-..._,.s.,:,, .. .., �� .,� xk,•isrt..,,t,.,.��..i'T�u�"reY�.:�r�.��i.::w�W.,��k,r�.:'3���, .S�t:.'....:.�.,�"uu'�'.....^�,,.:.,�..y.�;E:i-.: k _r"- - ''ar�, ��.•�
' x ri�
a
..%l.ys;.,
�:��:
�i_�
such proceedings, or that the court shall take jurisdiction of
`i
Crested Butte and its assets pursuant to proceedings, brought under
the provision of any Federal reorganization act, or that a receiver
��
of Crested Butte's assets sha12 be appointed, or that �
� .
Crested Butte shall be divested of its estate herein by other g
operation of law, or that Crested Butte shall fai� to perform, keep �
and observe any of the terms covenants of conditions herein contained, S .
on its part to be performed, the County may give Crested Butte �
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 Crested Butte, the County may, S
�
�
after the lapse of said period and prior to the correction or curing ��-,�
of such condition or default, terminate this Use Agreement by thirty r'
{30) days written notice. In the event that Crested Butte has under- �
_ �._ ..
taken action to wrrect such condition or cure such default, and 4
� '
the same can be cured, and is proceeding expeditiously thereat, the ��
Use 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 o£ Crested .BUtte under both Parts I and �
II hereof, the two pazts being mutually interdependent; PROVIDING �
that the same shaZl�be construed to prohibit use of the public F�
Aircraft Facilities by Crested Butte in accord with the Pitkin County r�"
Rules and itegulations respecting use of the Pitkin County Airport. �
�
�
2.12 Cancellation by Crested Butte �
Crested Butte may cancel this Agreement, and terminate its �
:�.
obligations (except those accrued prior to the date of termination) '�
hereunder at any time, by thirty (30) days written notice, upon or �
after the happening of any one of the following events: The termi- �
�
nation or suspension of all Crested Butte's certificates of public �
convenience and necessity or other required authority for the car- �
�
riage of mail, passengers, and property to, from, or through Aspen, �
Colorado metropolitan area of its environs; issuance by any court �;.
E�
�
-12- ,a
� ..
�
�
�$
�
ei
a.
�
,3
SI
.4�'.
�.____..
;
,;
� , :
-:c�r
'7� � .. . ..
't S �� _
� • ' .�. �:. ..;,. ' _' ' ...: :... � �
. .... ,. . .'.:i . .r�.�-..'.' M�.a1m'�°' .�l�l�i.�aa;�(',r'f.r..c,.,,�,,;..�'n�- ✓&y;r.l-'.a'a�c ;.t'.. ,'tl�-j ��,
t,�:
�,�?:
i
of competent jurisdiction of a permanent injunction in any way pre- �
I
venting or restraining the use of said airport for purposes that i
would prevent all Crested Butte's operations; the breach by the County � :
of any of the covenants or agreements contained and the failure �
of the County to remedy such�breach for a period of. sixty (60) days i
�
_ after receipt of said writte� notice o£ the existence of such breach j
1
(in the event the County has undertaken action to correct such �
condition or cure such default, the same can be cured and is pro-
ceeding expeditiously thereat, the Use Agreement shall not be can-
celled); the inability of Crested Butte 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 •'_ #
Crested Butte under this paragraph of this Agreement shall be ter-
mination of the rights o£ Crested Butte under both Parts i and II
hereof, the two parts being mutually interdependent; PROVIDING that
not
the same shall/be construed to prohibit the use of the Public Air-
. craft Facilities by Crested Butte in accord with Pitkin County
Rules and Regulations respecting the use of the Pitkin County Airport. .
2.13 Proposed County Transportation System
Crested Butte 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 rental cars, and employee .parking to the extent that
F.
the s�me may be practically used by the airline's employees) access �
to the Airport. County agrees that in the event it shall construct
a system there shall be no restriction upon the access to the de-
mised premises for such service and/or utility vehicles as are
necessary incident to the business of Crested Butte, 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 �, .
t
to and from the airport for ground transportation in lieu of Crested
Butte's regularly scheduled operation occasioned by inclement weather �'
�:
or other e�rgency as provided for above. �
� .
tl
-13- ''�`
�
„
;j _ _
{�:;. .:,�
_ _
� �
:,< - -
`-'�++'Sj .�;>
-- ,:.,� � ...�.�,.•s�... - �,��,.'
i�'
.'�?;
. �' ':
f
�
2.14 Assignment �
Crested Butte understands and agrees that the assignment or
transfer of any rights or promises gratned under this lease shall be
made only upon the specific written permission of the County or in
accordance with the terms of this Use Agreement. . i
i
2.15 Third Parties ;
This Use Agreement does not and shall not be deemed or construed
to confer upon or grant to any third party or parties to whom � `
'� Crested Butte may assign this Use Agreement in accordance with the
�;+ specific written permission of the County, and excepting any suc-
:=:� cessor to the County, any rights to claim damages or to bring any
°1: suit, action or other proceedings against either the County or
,.I Crested Butte because of any breach hereof or because of any of
the. terms, covenants, agreements or conditions herein contained.
-:.i
2.16 Waiver
::`i
• ;;'j No waiver of default by either party of any of the terms,
�=t covenants or conditions hereof to be performed, kept and observed
i�
by the other party shall be construed, or operate as, a waiver
of any subsequent default of any of the terms, covenants or condi- .
J' tions herein contained, to be performed, kept and observed by the �
Y.,i other party. �:
''-'' �.
�'r 2.17 Covenant Not to Grant More Favourable Terins ��
s' �
' County covenants and agrees not to enter into any lease,
.:; �
� contract or agreement with any other air carrier and/or air taxi �
service with respect to':the airport containing more favourable �.
�:: �
=� terms than this lease or to grant to any other air carrier rights, -�r
• i
fi priveleges and concessions with respect to said airport which are �
K:
�� not accorded Crested Butte hereunder, unless the same rights, pri- �
� veleges and concessions are concurrently and automatically made �
e �
available to Crested Butte. �
G�
�v
F
x.
�a
-14- �,�
i�
r'a
i�
�
�
!i J
;� - __
�:%�..
,
`�-:.;.� ';f,°: _ ^
'-.,:;:.:,�._,;�,
���,:�.� :
. _ ., _. . _,_ . . _
. _ _ __
: ,,
`� !.
°s::�
,
�:
2.17 Agreement Made in Colorado • �
a
z
�
THIS AGREEMENT, shall be deemed to be made in and construed �
a
in accordance with the laws of the State of Colorado �
, IN WITNESS WHEREOF, the parties have executed these presents
by their duly authorized officers on the day and year first
above written.
PARTY OF THE FIRST PART
BOARD OF COUNTY COMMISSTONERS
OF PITRIN COUNTY, COLORADO
: : /' ' ' I
; , : ; �
;`'�n'E�2+ .����.: C a rman
b �` f, r
a �
, e, ' ��r �. �. � �e.. . � .
' Q . t � �- ' . ... . � . ,
{,� L �/
:,b .,� 5��ri �•
J;�r ± �C�` c<LO,u{�I� � PARTY OF THE SECOND PART
; /'�,�J:'; ! ,. • CRESTED BtTTTE AIR SERVICE� INC.
g t f r�J. `•.IS u
.r:,. ,
�
�
ATTEST By� �
�
I
AEPROVED AS TO FORM: I
�'-���tG���//��', . .
an ra S ller, County Attorney
�
a
�
�
.. ., � . . � - . . ;i
. . . . . � �...
d
N
. -15- �
_ _
`' .
: ,
_._. ..�..�_. .. ._...__ ,:... ,
��_
� . ._...,.-._._.._ . .... ._._..___.__..._. ._ _ ._ _
� _
::: :,.