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HomeMy WebLinkAboutbocc.con.027.1979 _ �_ --- _ r. ,. _ '�� ' " ,;, � , t�„�� ,:r ��<<. �� >�.t�..�,a-'�. .._� . ,:. _ ' � .� , . . .�..�. -.'' __ . ._... ...en ... t . . . ..J 4. " . . . ��i�/i . � 4 L��_. . _ . l.R., . �/! _. , `_. i.'`:?: !.: ��r ; ' . _.�n;Q��r U5� AND LT�5� T1GRI:EMTNT - -�7�7�� T}IIS AGREEMENT, mad.e and,entered into this , .day of , , 19 , by and bet-ween the BOARD OF 'COUNTY COMMISSIONERS ! ' OP PITKIN-COUNTY, COLORAUO, a body corporate and goliti.c and . ; constituting a political subdivision of the State of Colorado, i ' being the governing body of the Pitkin County Airport (Sardy • ; l' Field), hereinafter referred to as "Lessor", Party of the First I Part, and Crested Butte Air Service, Incorporated, dba Colorado � i , ; ,.- � Ai�lines, a Colorado Corporation, hereinafter referred to as ; i � "Lessee", Party of the Second Part: � i ..; j ' • W I T N E S S E T H : . ' , , ` � WHEREAS, the Lessor is the owner, sponsor and oQerator � of the Pitkin County Airport; a public airport, located in P9.tkin j i County in the vicinity of Aspen, Colorado, (herei.nafter sometime$ : � referred to as the "Airport") and at whj;ch zt ,does make avazlable public airport facilities and does make available Withi;n and without the old Aspen Airways passenger terminal, coinmon use, and � exclusive and non-exclusiVe dreas; and � � , � . . � WHEREAS, Lessee a,n addition to other servxceS, xntends �' to operate scheduled and non-scheduled dir passengex SerVice, and ,��' �: � Wishes to occupy space �n the old Aspen Airways pasSengex terminal � � and use public field facilities to operate the same; and � G • � � � . . ; WHEREAS, arrangements have been made between the LeSSOx � for the use by the Lessee of a port�on of that non-exclusive lease � space within the Old Aspen Rirways airport terminal, provxded such � use shall be for a limited period and subject to certazn limztations � � on use ' � . � NOS�1, TAEREFORE, Por and in consideratxon of the mutual , � ��.i. � � • ' ' �. • covenants and agreements herein contained, the Lessox and Lessee ; � do hereby mutiially undertake, promise and agx'ee, each £or j.tself � and its successor$ and ass,igns, as £ollows: , � , � . , � � -1- . :; . . - �� .., _. � _�f:;f�`�'� ". . . �=��M:'J�-` _ _ u� �'��;x!r�.j � .;�,�,`. , ��''�, PARI' 7 " PASS);IdC�l�lt 7'fiI2P1.iNn1.� Pltf:t4iSh:5 J - - — � � 1.01 Leitinc�of Non-?�.zclu,i.ve Counter Arca and Rental ftates The Lessor does hcreby demise and let to Lessee �he non- ; 's exclusivc use oL• that area consisting uf- approximately 360 square ;" ,;� feet of space within the old Aspen Airways terminal shown on '� Ex}�ibit A as "Air Terminal", which said Exhibit A is attached {A i'� hereto and incorporated by this reierence as if recited in full. • i; In consideration of such Leasehold, Lessee sha11 pay a rental oL• + �'� $150.00 monthly * on the first day of each month during the term f hereof. Lessee agrees and understands that Lessor may lease and ��l make available to any other FAA and, if necessary, PUC, certified � i air carriers portions of that non-exclusive air terminal area ' S (indicated on Exhibit A) on a non-discriminatory basis to the � 3 . extent that such space is available without adversely interfering, g 3 with the operations of Lessee. a . � . . � `1 1.02 Term of Lease Agreement R t . The term of this 2ease shall be two (2) years, aommencing � , , on May 1, 1979 and terminating on April 30, 198 L . � ' ' f - =i 1.03 Improvements Made � Lessee accepts the improvements on the premises as is and agrees any additional counter, ticket and storage area improvements ' � built shall be at the .expense of Lessee and shall conform to the � ,, general appearance, quality and decor of the existing terminal space i ' and interior furnishings, and that any such improvements must be ap- ';a i proved in writing by the Airport Manaqer. � a ,� z 1.09 Utilities and Taxes � , 1 The Lessor shall supply, and assume the costs of, water, i electricity, trash removal and snow removal, provided however, that ';'� Lessee shall assume the installation cost of any and all additional 5 electrical circuitry, t.eleghone and teletype apparatus that may be � *All as more specifically describcd in Section 3.05 S ,, _2- 1 , . .,.._. . . • si �. :� >.:�.._; ..,. ._ .... . . . .. . . _.�. . . . . � . ���` t:i.' .. r. _ . - :;i ..;.�r. "`r' . .�' . y' ��-: � r ,;; � � „sF_.�,';?-��,�,`�'?: , ��br;���'' ' �".,,.}!1;'. , .tpd•Y��. �.��i� Passenger terminal premises including the exclusive spaces demised. to Lessee within the terminal building provided the Lessor substi- " tutes for any such�d'emised space used by Lessee reasonable. and . - . , . � comparable or better space, in a comparable or better location, and � � � further provided that said substituted space shall be leased _ � � � for the remainder of the�term hereof at the same per square foot i • . ' i rental rate and on the same terms as recited herein unless other- ! ' i wise agreed to by Lessee. • i I The Lessor agrees that be£ore undertaking any such C � remodeling, enlargement, alteration repair, or relocation of • (' ' ; exclusive spaces leased herein, it shall notiPy Lesseee, be advised I of Lessee's design requirements and give consideration to meetinq � . such requirements. The Lessor further agrees to attempt to hold � i any ;.disruption of or inconvenience to Lessee's activities to a i � minimum and Lessee agrees to make no claim for a rebate or abatement . ' or rents or clai.m for such temporary disruption or inconvenience � caused by the project; provided that if Lessee's scheduled or charter business is substantially disrupted or its ability to � t carry on such business is substantially interfered with, the � . e rent payable by Lessee hereunder shall be abated for the full � � period of such disruption or interference. 1 � � 3 3 1.09 Maintenance and Custodial Services � The Lessor agrees to provide, at its expense, structural . � • maintenance to the leased premises, including the repair of damages � s to the premises not resulting from the negligence of the Lessee, � - his agents, licensees and permittees. Lessee agrees to provide, on a daily basis, routine � custodial care of its non-exclusive spaces (Exhibit A) of the said i • demised premises including when appropriate, but not by way of � . , _ i li.mitation, sweeping, mopping, dusting, vaccuuming, collection of '� i trash therefrom and the deposit thereof in receptacles provided by i the Lessor, restroom maintenance, and, as may be required from time to time, waxinq and washing. The Lessor shall, as may in the . �i . . : i ' ! discretion of the airport manager be required, undertake £rom � � i i time to time, at the Lessor's expense� the painting and refinisha.ng • ; i � of walls and other structural parts of said premises. —n_ _ ; a. � • , �:`•..:��-, - �. .... __ i� y _'F '� , '/ .,�, !`�l . -. � '. !��-'.�l'fr �.``�1.`�='-....�?�i N.�:`t--. qb'Vl""r2%�}rr ' ' . . . ..�.:. .'. .......___. :. ... . . . . � . . . . . .. . . k_Y,pJtf•. w��' i ' ,„�„ `:� . ,�:x� . iv�7 7 It is understood and agreed by Lessee that the use of ' ; the Public l�ircraft Facilities may be in conunon with oiher publ.ic , , 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 Lessor with respect to the ' � � . � uses therof including, but not by way of limitation, rules, _ I regulations and directives relating to safety and secuzity of the �- ` Public Aircraft Facilities. In the event that the Lessor shall , � � adopt any airport rule or regulation which shall for good cause • � be unacceptable to Lessee, then Lessee sha11, upon thirty {30) ldays written notice to the Lessor, have the right to terminate l � this entire agreement if the same shall not be rescinded or •modified to the satisfaction of LessEa during such thirty day � _ period. - 2.04 Term for Use of Public Aizcraft Facilities Lessee shall have the ra.ght to use the Public Aircraft � Facilities for a period of :,two,.(2). years, .co*nmencing on Piay 1, c � 1979, and terminating on April 30 . 19R1. Thzs Agreement may � be renewed upon terms and conditions mutually agreeable to the , K �, � parties hereto provided, however, that nothing hezein shall be �� � construed to require Lessor to zenew oz extend the term of � �e � . th.is Agreement. ` � 2.05 Rates and Charges for the Use of the Public Aircraft Fac.i'lities �' , � A. The rates and charqes for the use of the Public � Aircraft Facilities during the term hereof shall be as established, �and as the same shall be modified by it from time to time by the �' � Lessor within its sole discret"ion, all as empowered to and within the jurisdiction of counties in the administra�ion of County air- � . � ports under 41-4-106, C.R.S., 1973, and the same payable in monthly � ' installments as hereinaftex provided. ' • � � � . f -,_ ; � i . � � . . .. . _ _ _ _ _ � .:.:_.. . � .,Y,�_ 4 '1r� � �� • ���� :�. r�::: .,,,z�.. ti,x��;: (1) A fee for each revenue landing of aa 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 foY each non-revenue landi,ng of..an aircraft ' . , • computed at a rate of in terms of a dollar amount _ per thousand pounds of maximum allowable gross ' landing weight of such aircraft at the airport. � : (2) No such fee will be levied or assessed in the { , . event an aircraft departs from 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 i ` because o£ meterological conditions, mechanical or oper.ating causes or for any.similar emergency i or precautionary reason. � B. The Lessor shall provide Lessee with thirty (30) days written notice of any change in landing fee amounts. In ? the event that Lessee shall determine that it is unable or unwilling to pay an increase in landing fees as made or imposed by the ' i i Lessor, Lessee shall have the right to terminate this entire ( Agreement by notifying the Lessor in writing of its decision to so ter•minate, and if it shall so notify the Lessor 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. C. The initial rates and charges for the use of the � ' Public Aircraft Facilities until modified by the Lessor in � - ± accordance herewith shall be as follows: � (1) A fee for each landing of an aircraft computed � at the rate of $.55 per thousand pounds of maxi- j mum allowable gross weight of such aircraft at � the airport; and a fee for each non-revenue landing of an aircraft computed at the rate of $.55 per thousand pounds of maximum allowable 3 � . gross landing.weight of such aircraft at the . airport; provided there is imposed for each such � � landing the minimum sum of $1.80 whether such .: landing is for revenue or not. (2) No such fee will be levied or assessed in the event an aircraft departs from 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 ineterological conditions, mechanical or operating causes or for any similar emergency or precautionary reason. The method and time of pzyment are set out in Part ! , ' i III below. • ' � . ' i � . ' • ' t ( � -8- � � - i . ' ' . � F �. .r . . . .........._�........... . ... ... ... ... ... .... ... .. . . .... ......_ . �........... . . . . .1 ; ... . . ...,.., ... . ...... .. . ..,. I � ' .I r. :. .. r �� - � � , � � . n1�.�'°i¢ .. �i�r���: : �ti r: r�,' 2.06 Use in Wartime or National Emer9ency i � It is agreed by Lessee that during the time of war or � � �ational emergency.the Lessor shall have the right tp enter.into • . ' . , . . • ' . . - • . j - agreement(s) with the Uni�ed States Government .for• military use , • � � of part or all of the Public Aircraft Facilities, the publicly . • • � � � owned air navigation facilities, and other areas or £acilities of _ � the airport, and if any such agreement becomes effective, the � , provisions of this instrument, insofar as they are inconsistent � with the provisions of such agreement(s) with the Government, i } � - - sha12 be subordinated to those agreements. � - PART IIS GENERAL PROVISIONS � 3.01 Destruction of Premises • If by reason o£ any casualty Lessee's excl.usive or non-exclusive space or facilities are damaged to such an extent that such premises are untenable in whole or in substantial part then: . � . A. The Lessor will make all reasonable efforts to • provide promptly comparable substitute facilities ! in a comparable location, 'and such substi.tute � facilities will be made available to Lessee in accordance with the schedule or rentals, fees � and charges for the use of the airport established � . and modzfied from time to time by the Lessor or • as provided herein. - � . a 3 H. If the repairs and rebuilding'necessary to restore � , such premises to the condition existing prior to � the occurrence nf the damage are in the reasonable � ' � judgment of the Lessor justified in the light of ' � existing or eontemplated construction programs, . and can be completed within ninety (90) days from � i • , the date on which the damage occurred, the Lessor' : ` � sha11 so notify Lessee in writing and shall proceed -9- ( i �! ! : �, �.. f�A. - � `.,,,�;'�.,.��: ' Y��+ic"t.. . � :t�Y.�:T.� .�'j�M1�,p.3- �.rT.Y,� . .. '� W•,� ' . - . . _'_.. . . . . � .. .. p' . ' �'! f��� promptly with such repairs and rebuilding and, in � . such event the rental therefor shall be abated . . ' . �ro rata fbr the period from the date of the • • • . ' ; ' • ' ' • i • occurrence of such damage to'�the date" upon which ,. ' � said repairs and rebuilding are completed. ' ' ' ' C. If such repairs and rebuil8ing are not; in the . reasonable judgment of the Lessor, justi£ied in th e light of existing or contemplated construction - programs, or if they cannot in the reasonable judgment of the Lessor, be completed within said , ; ninety (90) days, �the LAssor, at its option, to , be evidenced by notice in writing to Lessee may either (1) proceed promptly with said repairs and � rebuilding, in which ev.:nt the said rental shall ' I . be abated as aforesaid, or (2) terminate tl�e letting thereof in which event the sai8 rent therefor � shall be abated from and after the date of the � occurrence of the damage. � I D. Nothing contained in paragraphs S or C above I � � shall be deemed to limit the Lessor's obligations � to use reasonable efforts to provide comparable substitute facilities as promptly as possible ' � . under Paragraph A, Howzver,�if the repairs and . rebuilding contemplated by paragraphs B and C ' _ are not completed within 90 days from the date on �~ which the damage occurs, and if comparable sub- � � stitute facilities have not been provided to Lessee within that time on terms acceptable to � Lessee, Lessee may.terminate this Use and Lease Agreement• in its entirety. -10- . I . �`� � , ; , .. . _. ,. ; .-.: .r.�,:�.� . .�..:_.. � ... .. . . . .. . . �. .,. ._ �5`'v4;;°.!;'%�:.`.! ;_.��r�_ , � . 5 f t�n 3cY. . .. . . i�k } r J. .C�3;o-x-tt �,`��iy`- - . . . _ .. _ . W�;. . �:��;; �� y,: •��,;,• 3.02 Surrender of Premises t Lessee covenants that at the expiration of the term • hereof• or at the earliest termination of the lettirig thereof, .it . . will guit and surrender all such premises in good s'tate and cbn- ' ' ± �. dition, reasonable wear and tear, Acts of God and other casualty j . excepted and Lessee shall at its expense forthwith remove therefrom � _ ' i all equipment, trade fixtures and personal property belonging to ! it. The Lessor 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 Lessee hold over the use of or continue to occupy any such premises after the termination or cancellation i of the letting hereof, such holding over sha12 be deemed merely a tenancy from month to month upon a monthly rental in an amount � � equal to thc monthly rental required to be paid for the month I 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 nofices required to be given to the Lessor hereunder � • shall be in writing and shall be sent by certified mail, return � � receipt requested, to the Airport Manager, 506 East Main Street, � i Aspen, Colorado 81611, with a copy to the Board of County Com- � missioners of Pitkin County, Colorado at :;06 East Main Street, • � ' Aspen, Colorado 816Z1; all notices required to be given to Lessee � hereunder shall be in writing and shall be sent by certified mail, ' . . � return receipt requested to Colorado Airlines; Inc., Post Uffice � s i - Box 207, Crested Butte, Colorado, 31224, _, provided that the � _ parties, or either of them, may change their addresses or may } . • designate in writing from time to time the addresses of substitute � or supplementary persons in connection with said notices. The � ef£ective day of service of any notice shall be the third day after 1 f suoh`notice is,deposited in'the mail to Lessee or said Manager. 1 . . . ' . . • • , . � .1 � -11- � 1 ,, ; �.' 'Y(:;y. � . ,3,x Y��[. � .. � ,5.e;.���-'.�Y' ' . r'i'it���eF�; � . �Sj_f(.Y�y' . _ - . _ _ _� _. .__ �� ��,': . � ,,:�1;, � 3.04 Reports i 1 Lessee agrees that it shall, on or before the lOth day i of each and every month during the term hereof, submit to the Lessor � I by delivery to the office of the Airport Manager, the following �_ records of the preceding month's activities: • A. A report listing by such date the number of �• aircraft loaded and unloaded by Lessee at the airport showing the total of such aircraft landings :, for the preceding month. - � ' B. Passenger report showing the month.ly total of , revenue passengers loaded and unloaded by Lessee's .J aircraft at the airport for the preceding month. C. All necessary statistics relating to gross i maximum allowable landing weights for the I preceding month. Said reports shall be signed as correct by a responsible employee of Lessee's. The reports shall be on a form provided by Lessee and approved by the Lessor and the Lessor reserves the right within reason to ask for such information or clarification o£ any matter contained thereon and Lessee agrees to endeavor to .� provide such information. Such information shall be kept con- - fidential for a period of twleve months from the date of receipt thereof and after that said information shall not be publiShed alone by the Lessor in conjunction wi.th the name of Lessee or reference thereto but may be published only in gross; PROVIDED, ` that the foregoing restriction shall not be construed to pro- hibit the use and publication of such informati,on combined in gross with similar statistics of all other carriers utilizing portions of the airport for purposes of determining the legi- timate needs of the Pitkin County Airport Transportation Plan � after the expiration of twelve (12) months from the rece.ipt I thereof by the Lessor. 3.05 Payments Lessee agrees that it shall on or before the lOth day of each and every month duri.ng�the term hereof, submit to Lessor � wxth said reports (3.04 above) , their check to cover all charges `, due therein and for services as negotiated by the Lessor and Lessee i I ' . � i � : -12- I ,1. , ,._,. ._ . �. .. _,�,:,-;::>.;.;.�� . , . �`� �a'. �r`- Sx F� i,'�;���. . . . '._�w ., . . _ _.._ .._ __. ,:� F�' r tiryi. . • .'1..+•+'7J.i ';x�:� , T : for services or for other purposes including, but not by way of � . �'�� limitation aIl Police Securit char es � . y g provided by the County of i Pitkin, State of Colorado (Lessor) , as required or as may be � specifically requested by Lessee. These charges are as follows: A. Payment for the use of the Public Aircraft Fa- cilities for the preceding month as set out in 2.05 above, and � B. Payment of monthly rental for the non-exclusive use areas in advance in the amount of $150.00 � on the lst day of each and every month during � ` the term hereof I � All such payments shall be sent to the Lessor at the address as � } noted in 3.03 above or as otherwise directed in writing by the Lessor. Any past due amount under this section shall accrue interest at the rate oE eighteen (18) per cent per annum, which said interest shall be due and payab�e without demand, 3.06 In3emnification Lessee agrees to release and to indemnify and save harmless the Lessor, 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 Lessor, and from any and all � claims, damages, suits, costs, expenses, liabi2ity, actions or � proceedings of any kind or nature whatsoever, of or by anyone t whomsoever, in any way resulting from, or arising out of, the � _ negligent acts and omissions and wrongful conduct of Lessee. � I The Lessor agrees to release and indemni£y and save harm2ess Lessee, its officers, agents and employees, from and against any and all Ioss of or damage to property, or injuries I to, or death of, any person or persons, including property and � officers, employees and agents of Lessee, 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 way resulting from, or arising out of, the I negligent acts and omissions and wrongful conduct of officers, i i employees, agents, contraetors and subcontractors of the Lessor. i -13- ,:..:,,��p},_'� � �,... . � " � y -.� . ,. . •.. )it',YY�C'a' . 'y'��„a.�'�� �r.:��a5t;.,r . �.«�:�.-F-:'. . � -xtR h� .�. � ��q�.„ �. . �_..., . .:.., - . . . . .. v. .� . �-. .,,... , , � ... - . • ` . . � �.�a:. . K.. 1 . _ _ ... _.... ..Y. -� . ,. ��; - '' �' i 3.07 Insurance ' . � Lessee agrees that at all times during the term hereof or any extension hereof, it shall maintain in force such bodily. • . � injury and progerty damage insurance as may be required .as a , • ,a • condition of any operating certificates that it is required to • i i have for its operations and shall, if not otherwise required -"..� • • � maintain bodily injury and property damage insurance covering all � . _� of its operations and activities, at or upon the airport, but with l . � limits of not less than $30�,00/$500,000 for liability and # $100,000 for property damage and shall further specifically main- , � tain in force Workmen's Compensation insurance for all of its � employees at said airport. All•polic�es of insurance so main- � j tained, except Workmen's Compensation Insurance, shall name the . � ' County of Pitkin, State of Colorado, as a co-insured thereunder. � � Lessee further agrees to provide. certificates satisfactory to • { j the County of the kind ar.d� amounts of said insurance coverages � • reflecting that the County of Pitkin, State .of Colorado is a '� co-insured thereunder. The Lessor (COUnty) shall maintain, at its expense, fire�and extended coverage insurance upon the terminal. � � i � . �i: 6 I . � 3.08 Laws and Regulations � I s As a condition of the Agreement, Lessee agrees to I 4 � 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 � � 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 of '. the County, all as may affect Lessee and its operations and � � activities in and at the airport. � � � � � + . 4 3.09 No Discrimination , I . The parties hereto covenant and ag'ree that (1) no pe'rson , ' I on the grounds of race, colour or national origin shall be excluded � 1 _�4_ � ,, '�. ��.a . .. . . - � 'ry .,. ... .. _ . .. � . .. , . . . . ... . . �.. . . _ + � , " . -t < t��,f. y �i'P� �e 4 a Ss . �y,.,a���i..i..y^�:r _ riti y�.l;is��,. :�...� , _ � '. . � .J �...�w. .�... .., ... .�......:... ...... . b ... . . . �' L ,F�:' iAY1kj� . �3��k'_ , s.;;r> . . �S�'��',. Erom participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that • � in the construction of any improvements,�on, over or under such • • ' � . , ' land and the furnishing o£ services thereon, no person on the ' . grounds of race, colour or national oriqin shall be excluded • from participation in, denied the benefits of, or otherwise be ' ' subjected to discrimination, (3) that the parties shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, 'Code of Federal Regulations, Department ( � of Transportation, Subtitle A, Office of the Secretary, Part 21, ; Nondiscrimination in Federally assisted progzams of the Depart- ment of Transportation - Effectuation of Title IV of the Civil ' Rights Act of 1964, and as said Regulations may be amended. � � 3.10 Purchases by Lessee � _ Property, services and materials (except as otherwise • provided in this Use and Lease agreement) may be purchased or otherwise obtained by Lessee from any person or corporation of , . • its choice, and no unjust or unreasonable discriminatory limi- I i tations, �restrictions, charges or conditions shall be imposed . by the Lessor against Lessee or its suppliers, for the privilege . I . ' of purchasinq, selling, using, storing, withdrawing, handling, � � � consuming, loading, unloading or delivering any personal property of Lessee hy� Lessee or its suppliers, on the premises granted for such use, or =or the privilege of transporting such personal property to, from or on the airport, subject to reasonable rules _ • - and regulatiotts for traf£ic control and safety. � 3.11 Cancellation by the County ! � In the event that Lessee shall file a voluntary petition , � in bankruptcy, or that proceeclings in bankruptcy shall be insti- ` tuted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or that the court shall•take juris- i '`�• diction of Lessee and its assets pursuant to proceedings brought . . j . _ � . : 1 under the provision of any Federal reorganization act and'such • , ' � proceedings are not dismissed within 30 days, or thdt a receiver j of Lessee's zssets shall be appointed and not dismissed within 30 � ; . i � . . . i -15- � � ... _. .rt �. .- _. ..P'i...l.i'.r�'.4 / . fr.?; ' �R.!*��:;a-'"�'.�i° .. . . r-�ry��.y+�. �,�p- .:�r . ' .. , _ . ....,..._ ... .. . . , . . � f »c. � �ti�i: . .'.� . ». . . .. -��.��3.�. . �' ' , • �it��`� days, or that Lessee shall be divested �f 9.ts estatc herein by � other operation of ].aw, or that Lessee shall fail to perform, keep ; and observe any of the terms, covenants or conditions .herein . , � contained, on its part to be performed, the Lessor may' giVe Lessee � '� ' 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 Lessee, the Lessor � may; after the lapse of said period and prior to the correction ! l. � oscuring of such condition or default, terminate this Use and _ • � Lease Agreement by ���ten (lU) days written notice. In the event � � that Lessee 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 Agreement shall not . i be cancelled (except for non-payment of fees and charges). Termination under this paragraph shall be construed as a termi.na- tion of the rights of Lessee under all Parts hereof, all of said Parts being mutually interdependent. • 3.12 Cancellation by Lessee - � . Lessee may cancel this Agreement, and terminate its � obligations (except those accrued prior to the date of termination) I � • hereunder at any time, by sixty (60) days written notice, upon � or after the happening of any one of the following events: The termination or suspension of all Lessee's certzficates of public convenience and necessity or other required authority for the carriage of mail, passengers and property to, from or through Aspen, Colorado metropolitan area or its environs; issuance by � � any court of competent jurisdiction of a permanent injunction � in any way preventing or restraining the use of said airport I s for purposes that would prevent all Lessee's scheduled air service j I or charter operations; the breach by the Lessor of any of the ? � covenants or agreements contained and�the failure of the Lessor 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 . i event the Lessor has undertaken action to correct such condition , , � or cure such default, the same can be cured and is proceedzng � expeditiously thereat, the Use and Lease AgreeRtent shall not b j cancelled); subject to.the provisions of Section 3.01 with ! � -16- ' . � ' . { `i ',lr»';�`C:>.: . C... ......;a_i.:, /. . �S ,�� Stiu ��by�,C� ". � .. r yi,^�' . .n.X�+, '.�'.:i.-� �^� . �_:154:' 'y n ' 7a {i=.tF-y,, `"" __. _ �___ , _. ___ � _._�:__.�. s�����. . x::�:�, ,, .. ,�;�: respect to casualties, the inability oE Lessee to use the Public Airport Pacilities or its exclusive areas in a manner necess�7ry for its operation �ereunder continuing for a longer �eriod than• ' • sixty (60) days due to earthquake, other casualty nr action taken . ' � ' � ' i ' by the Lessor or any other authority; or the total subordination . ' . "' i of the rights to the public airport as set out below, Cancellation . by Lessee under this paragraph of this Agreement shall be termina- • 1 tion of the rights of Lessee under all Parts hereof, all. said parts being mutually interdependent. � ,- _ '� 3.I3 Proposed County Transportation System , .i Lessee acknowledges that it• understands that the County is considering the construction and operation of a public mass ! . I ground transit system which may restrict or prohibit private vehicu- � i lar traffic (including rental cars, a-�d employee parking to the ' extent that the same may be practically used by the Lessee's em- � ployees) access to the Airport. Lessor agrees that in the event it shall construct a system there shall be no restriction upon the access to the demised premises for such service and/or utility � , vehicles as are necessarily incident to the business of Lessee, • nor shall there be any restrictions placed upon the pick up or i delivery of passengers or freight to or by Lessee's ground � transportation carriers. � iq � 3.14 Assignment �� _. Lessee understands and agrees that the assignment or ' �� transfer of any rights or premises granted under this Use and Lease ` Agreement shall be made only upon the specific written consent i� i� of the Lessor or in accordance with the other terms of this Use I� and Lease Agreement (including without limitation, the provisions �� of Section 1.01). . � • • I 3.15 Third Parties • I � I This Use and Lease Agreement does not and shall.not be � . . . . deemed or construed to confer upon or grant t,o any third party or ., • - . , i parties to whom Lessee may assiqn this Use and Lease Agreement in ; -17_ � i � � F � ;i ' _ _ __ ._,...: . . rs�1,1:'i�:, i . ��'fi����} . .. � . �it3f',�'�i'�� . . . rl,;?r� , ti . ... . .. ......... : • �. ..,.. � - .:: ... ...-.. rnri`'-" ..._.... . .,. . _. .��.. . �.. ��1 ..':. . ' 3r�. , fi�: accordance with the specific written permission of the Lessor, � . i ! and excepting any successor to the County, any rights to claim ` 's damages or to bring suit, action or other proceedings against• • _ • . � - either the Lessor or Less�e because of any breach •hereof which .. • j i � occurred prior to such assignment or because of any of the terms ' I � covenants, �agreements or conditions herein contained to the extent I � i they were to have been performed prior to such assignment. • . , - . • i 3.16 Waiver { ;-- No waiver of default by either party of any of the terms, � ' i covenants or conditions hereof to be performed, kept and observed I I - by the other party shall be coristrued or operate as a waiver of I any subsequent default of any of the terms, covenants or condi- ; tions herein contained, to be per£ormed, kept and observed by . I _the other party. ' 'i. - � 3.17 Covenant Not' to Grant More Favourable•Terms � Lessor covenants and agrees not to enter into any lease, contract or agreement with any other air carrier service with , . respect to the airport (including without limitation, existing ' leases, contracts and agreements) containing more favourable terms than this lease or to grant to any other air carrier rights, privileges and concession with respect to said airport which are not accorded Lessee hereunder, unless the Same rights, privileaes and concession are concurrently and automatically made available to Lessee. � � � . i_ .. . . . . . . . .4.... _. . . . � . , . � . .i- -. . . . . � , � —18— . .. ' . • �� ' I � � �.. .. . . _ . � '1 . -�... ,�K,, :,�, :n � � ..r� -�. �"���. ,� . �,� . .,. ....._ . ..:. .. ....:., .. . . �.. • • ,,,.� . - . �`` � � . � 3.18 Agreement Made In Colorado „ ' . This Agree.ment shall be•deemed to be made in and construed� ' . in accordance with the laws •of the State�'of Colo.rado. . ' -- � , .. � , � BOARD OF COUNTY COMMIS$IONERS ` .' OF PITKIN COUNTY, COLORADO 1 By: ( GiU� - ; • C irman -� � ATTSST:. . • , , : � x Y-' � ;�� ��� r.; p��I ���_��^� � . . . . . . . . . . . � /I�A . : /'�+�1--;�.. . _ . . - � . !M: "' `-t'.�.6 l,� ^r� . I � . � � . - . ' � . 1 �- . � �l.t . _..;� . . .. � F C ' � � . . �� "'.�';v �"'� Ct�; . CRESTED BUTTE AIR SERVICE, INC., dbd d � .�"wa 4( �,1 , � COLORADO AIRLINES � , * � .�..... _>.>. ,. . B _ � President ATTEST: '� Lessee address APPROVED AS TO FORM: - . �Yj:y��d�i1' � Gc�Dt . . . . . _ � . . .. , . �dra M.TStuller County Attorney ' ' -19- . • , _ : •`, � �:.��� .�....«......... ........._.... ._'__"_.'_" ":.:iz'�Mv..�.. ... .. . ...-. . .., �..�. ,.... .. . ....._.. .. ..........__..... . _.., . ;... M�..:..w.�ns:c..:,:::.�..: ,.�..... .. . . i �����}� � i� ' -7sy �'i"+ ' Y .. �i..�� �u�''—��'�;f.7 . . . . ...:. .. . .. . .., . ..... �... . . . _.. ..... . . .. � . •,•.� o ._;.�, �...� . . .i.�n.s,.. ... ���-._. ��� - � � .. 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