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USE AND LEASE AGREEMENT ".
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THIS AGREEMENT, made this � day of ,( ,(�7 ,
1979, by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, hereinafter referred to as "Lessor", and McDAVID
I BROTHERS AVIATION, INC., hereinafter referred to as "Lessee",
W I T N E S S E T H:
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For and in consideration of the mutual covenants herein ,�U`
contained, the payments herein provided for and other valuable ,.;'
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consideration, IT IS AGREED AS FOLLOWS:
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1. Description of Leased Premises: Lessor does hereby lease to
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Lessee, for its exclusive use, subject only to the terms and pro- '-`'
visions of the Lease Agreement, the following described real ;_;;;
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property, improvements and facilities situated at Aspen/Pitkin ,I�`
County (Sardy Field) Airport, Colorado: ' "
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That portion of Sardy Field outlined in red on the j;=�
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i attached Exhibit A, including, but not by way of
� limitation, the Aviation Building designated on �� �
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' Exhibit A as Item 1; the hangars designated as Items � ..
;{ 4 and 5; the fuel storage area designated as Item 7; �` �•
and all improved and unimproved vehicle parking and ; i�
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ramp space included within the red lines on Exhibit I >
A except the following: '
� A. Control Tower, designated as Item 2 on Exhibit A I '
�.,..;
B. Gas pumps and tanks, designated as Item 6 on } -
Exhibit A. ,
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C. Ramp area (approximately 100' by 100') , office _
building and automobile parkinq area designated as �;
Item 9 on Exhibit A
D. The right of Lessor to unimpeded access through � �
and across the leased premises; PROVIAED, HOWEVER, ( `
�'� that the Lessor shall exercise its reserved access � •'
; rights only in such manner as will not unduly � :'
�: interfere with Lessee's operations hereunder.
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2. Term of Letting: The term of this Lease shall be five {5)
' years from �}/�/,/��' �) , 1979, until � ��_, 1984.
' 3. Renewal: If on or before 90 days prior to the termination
;� date of this Lease ( and Lessee shall have fully complied with
� the terms hereof ) neither party notifies the other in writing
of intent to terminate and/or renegotiate, the Lease shall
»! y"y�continue for an additional five (5) year term. Lessee shall. give Lessor ~
a'W�.Lessee notice, 120 days prior to the termination date of this lease,
f� L�� that Lessor must give the notice herein called for if LeSSOr does not `
y„ J1�r wish the lease to automatically renew pursuant to this p�agraph. -'•
�; �IIE�4. Rent: Lessee agrees to pay the Lessor in consideration for ;
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�' '� the premises, a rental of Two Thousand'One Hundred ($2,10U.00)
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ii Dollars per month, due and payable on the Pirst day of each i�
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month during the first year of this Agreement. Thereafter, }
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� during the term of this Agreement the annual rental amount ��
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�, payable to the Lessor shall increase by five (5$) per cent �:�
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" (compounded) per year with monthly payments of one-twelfth. (1/12th) �*
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t:+ of the annual amount due and payable on the first day of each r�
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� month. Late payment� shall bear interest at the rate of eighteen €��
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�� (18�) per cent per annum and interest shall be due and payable �rE
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�', without demand. `�
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p;:i 5. Hangar Space: The Lessee and its Affiliates shall have the 1'��
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� exclusive use of all hangar space within the leased premises ;:.
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�� provided that one-half of the hangar space shall be made available Fi `
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to the public (not including Lessee and its Affiliates) for :�
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" long-term (minimum.one month) storage of general aviation air- `3
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-=�.� cza£t. This requirement may be waived only on written approval �#
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?�"� of the Airport Manager. f:�.
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e 6. Lessee's Responsibilities: In consideration of the premises, E'.
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Lessee agrees to undertake the following responsibilities for
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�� the benefit of the Lessor: r�
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ti A. Collect on behalf of, and semit to, Pitkin County
a fuel fee, the total amount of which shall be
_ calculated and paid to the County on or before
the lOth day of the calendar month next following
. the month in which such payment accrues. The fuel
_ � j e herein provided for shall ba in the amount of
��iZ or such other amount as map .from time to time be established
Q/��/$.08 (eight cents)� fox each gaIlon of airplane b y the Board
'1d� of County
fuel sold by the Lessee in other than exempt sales Commissioners
and shall be paid by the purchaser of such fuel to
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Lessee as the County's agent. The following sales
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j are exempt from this requirement: � � �
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1. Any fuel consumed by Lessee �axi�4ax9c� -�-�-z��es !
in their operations conducted pursuant to this �
Lease Agreement; and �
' 2. Any fuel sold by Lessee to operators of scheduled y
or charter airline flights or other commercial �
flights with respect to which landing fees
'/ are i.mposed and collected. �
Late Fuel Flowage Payments shall bear interest at the i
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rate of 188 (eighteen per cent) per annum, which �
interest shall be due and payable without demand. �
B. Prepare an annual report for the County Clerk and �
' Recorder by February 15 of each year, listing make, t �
� model, year and type of aircraft, and the owner's �
'
name and address £or all aircraft renting tie-down �
3
or hangar space for periods exceeding one month at s `
Sardy Field during the preceeding year; and further �
to provide additional information requested by the �
County Clerk and Recorder which may be required for
, the assessment and collection of private aircraft
license fees.
'
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C. Notify the Airport Manager of each person requesting I
tie-down space for a period or periods of three or �
more consecutive calendar months. �
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i D. Collect and record any fees imposed by the Lessor for
General Aviation and/or flights which terminate or are
served at Lessee's facilities. The fee to be charged �
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is as per General Aviation Landing Fee Resolution
attached hereto as Exhibit B, and incorporated herein
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by this reference. Lessee shall retain an amount �
� egual to twenty (20$) per cent of said fees collected '
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as compensation for collection of such fees. (
� IE. Direct and supervise general aviation and charter
aircraft ground traffic and the parking, hangaring and �
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' tie-down of such aircraft. �
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= F. Provide cleanup services for snow removal undertaken �
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;" by the Lessor on their ramp, aircraft and exclusive �
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vehicle parking areas not readily accessible to County �
'� removal equipment.
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p, G. Operate the County-owned firetruck (and other fire- �
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�` fighting equipment) in the event of a fire, aircraft ^;
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_ �i accident, disaster or other emergency at the airport �
� or an aircraft accident near the airport during periods -'�
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:� when Lessee has trained personnel available at the
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'k�. airport; PROVIDED that this shall not obligate Lessee . ��k
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`�`- to employ any particular number of personnel or to E_
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` ti�r� maintain any personnel at the airport at any time when �R
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such personnel are not required for Lessee's other
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� operations under this Lease. The Lessor will fuel, ;z
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maintain and repair said firetruck and equipment �
�� , and Lessee shall employ personnel who are trained ��
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and willing to operate the firetruck and other fire �
fighting equipment durinq such an emergency. The (
�'• Lessor will insure the truck and equipment against �
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t ' �onm�c�set3nGavc��os�acx�Cx �$ �
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loss, and agrees to indemnify and hold the Lessee
- harmless against a12 claims arising from the use
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and operation of the truck and equipment during an
_ . emergency or training exercise, all as provided in
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Paragraph 18. ;
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H. Perform daily runway checks in accordance with F.A.A. i
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requirements. Standard forms (provided by Lessor) £or
runway checks are to be completed daily by Lessee and �
� turned over to the airport manager on a monthly basis. �
�
1 I. Report to the airport manager on a timely basis, all �
airport curfew violations (as established by the Pitkin �
't County Airport Rules and Regulations) observed by �
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Lessee's personnel, �.
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�� � ��fr� to all pilots using Lessee's facilities, any and
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?' all informational material provided by Lessor pertaining �
g to the procedures and use of the Aspen/Pitkin County � .s>
Airport; e.g., noise abatement procedures, qeneral aviation d.
- �' landing fees, etc. � �
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� K. Lessee shall be responsible for and pay any and all �
F fines imposed by the F.A.A, as a result of security �
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violations within Lessee's exclusive use area (with- �
�` out regard as to whether or not committed by Lessee's �
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� employees, agents, or invitees} . This includes, but ��§
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: is not limited to, open gates, unauthorized personnel, �
�• unauthorized and/or unescorted vehicles �
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� L. Lessee shall {within a three-year period from the ?
date hereof) participate in and assume one-half the �
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cost of installing an underground fuel storage tank ;
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farm facility at Sardy Field. The parties shall, at '�
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a later date, mutually agree to the method of installation.• �;
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� - �SEI¢4m4 xCti no event shall Lessor be
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required to advance Lessee's share of any construction
at any time. All improvements instituted pursuant to
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x this paragraph shall become the sole property of Lessor _
/� upon completion of installation. Lessee shall assume i
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the operating and maintenance costs of said facility ;
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during the term of this Lease, renewal or any extension $
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hereof. � - --
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7. Lessee Operations: Lessee shall have the non-exclusive right �
to conduct and carry on commercial airplane and aviation operations 2
at the Airport including, but not by way of limitation, air �E
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charters, scheduled air service, student training, airplane sales ��
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and rentals, sight-seeing trips, airplane repairs, sale of `�
?� �parts and accessories and all operations incidental thereto. `�
(Said operations shall be subject to any and all landing fees �.
, � - imposed by Pitkin County Airport P,ules and Regulations). Lessee �
;, �
?` shall at a11 times provide in an efficient law£ul and courteous �
� �
manner the terminal services usually provided by a fixed base �
2 operator of airports of comparable size, including, but not � �A
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. � exclusively, airplane storage and/or parking, sale of airplane �
fueZ (100 Octane and Jet-A) and oil, and opezations incidental �
thereto, providing that nothing contained in this paragraph or �
�
this Lease shall be deemed or construed to constitute an exclusive � •
aeronautical activity in violation of Secfiion 308a of the Federal �
Aviation Act. '�
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_ S. Construction of Buildings: Lessee shall have the right, with i
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the Lessor's prior written consent, to construct bvildings and
similar improvements upon the premises; PROVIDED, HOWEVER, that :;
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'a the Lessor retains the right to specify building size, location i
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and exterior materials so as to guarantee the compatibility of �
,'; any new structures with those already at the site. All such �
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buildings and improvements shall be of substantial construction
and good quality materials, and shall be constructed in strict
compliance with then applicable laws, ordinances, airport master
plans, and regulations of the United States of America, the State i
vy of Colorado, the County of Pitkin, and the Federal Aviation Ad-
� ministration. Lessee shall construct all new buildings at its
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'r,_-� own expense and make timely payment to the architects, laborers, '
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-;9 materialmen and contractors performing labour upon or furnishing i _ ..._
,�♦; material to be used in the construction of any buildings con- i '
"' 1�:;? structed by Lessee. Lessee acknowledges and agrees that nothing
'.,� �
�;; herein shall authorize or empower Lessee, or any�erson dealing ;
.`'� with it, to charge the fee title or any interest of Lessor therein �
r' with mechanic's or materialmen's liens or any encumbrances of '.���
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any kind. All such contruction or improvements made shall become �
; �G� completion o£ construction. �
'�, f�fhe sole property of Lessor upon�ma�¢xx�om�xl��a�ax �
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,Yi � a�x�7st�m�c�cxs�cxaqtgxapae¢x3y�cx�c��s¢�m�tstxx�41[�c�ecs�cX Lessee shall �
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�"i not erect or construct any signs on or within leased premises s
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� without the prior written approval of the Airport Manager. `'s_
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�= 9. Subleasing of Improvements: Lessee shall establish hangar �;
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;;rt rates for public use of one-half of the hangar areas as antici-
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pated in Paragraph 5 of this Lease Agreement, the amount and '�
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*x terms of such payments to be within the discretion of the Lessee; �:g
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;� PROVIDED, HOWEVER, that rates for those areas shall be uniform �
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- for aircraft of the same type, and hangar space made available to ,�
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Y� any prospective users, all to the end that allocation of public �
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�:• hangar storage space shall be nondiscriminatory. r.
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^� 10. Compliance with Applicable Laws: A. Lessee agrees to operate `:�
� the premises leased for the use and benefit of the public. S
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� l. To furnish good, prompt and efficient services f'
adequate to meet all the demands for its services .:;
° at the airport. �
� ' 2. To furnish said service on a fair, equal, and non- i;;
� discriminatory basis to all users thereof. Y
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The Lessee, his agents and employees will not discriminate against
� any person or class of persons by reason of race, color, creed,
or national origin in providing any services or in the use of any
of its facilities provided for the public in any manner prohibited
by Part 21 of the Regulations of the Office of the Secretary of
' Transportation. The Lessee further agrees to comply with such
enforcement procedures as the United States might demand that
the Lessor take in order to comply with the sponsor's assurances.
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B. It is clearly understood by the Lessee that no right or �
= privilege has been granted which would operate to prevent any
owner of any ;�j
3 �/��xx���Scx��§�c� aircraft on the airport from perform-
or having performed
t! � �� ing/any services on his own aircraft with his own regular em-
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;;� ployees or agents (including, but not limited to, maintenance �
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,;� and repair) that it may choose to perform.
;.j C. It is understood and agreed that nothing herein contained .��
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shall be construed to grant or authorize the granting of an y
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Yy; exclusive right, except the exclusive right to use the leased �
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:��? premises described herein subject to the rights of the Lessor �
� specified in Paragraph 1. , :
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�;j D. Subject to the provisions of Paragraph 14, the Lessor a
c! reserves the right to further develop or improve the Public • a
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s:i ���f/J�Aircraft Faciliti 'e�s�*a�rea of the airport as it sees fit, regardless �
sst: �: �
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'`s;� / of the desires or view of Lessee, and without interference or i} `
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��� hindrance. ,'�
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k' E. Lessor reserves the right, but shall not be obligated z
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'�' to Lessee, to maintain and keep in repair the Public Aircraft �
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':! Facilities area of the airport and all publicly owned facilities
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fi+ of the airport, together with the right to direct and control
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't' all activities of Lessee in this regard.
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i�! ' F. During the time of war or national emergency, Lessor -
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yMA shall have the right to lease the Public Aircraft Facilities `•;
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R' or any part thereof to the United States Government for military
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�,�i, or naval use, and, if such lease is executed, the provisions
�� of this instrument insofar as they are inconsistent with the ;
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,r provisions of the lease to the Government, shall be suspended.
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�; * defined on the last page of this agreement j
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G. Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport against
- obstruction, together with the right to prevent Lessee from
erecting or permitting to be erected, any building or other
' structure on or adjacent to the airport which, in the opinion
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�' of Lessor, would limit the usefulness of the airport or constitute
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a hazard to aircraft. +''
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,; H. This Lease shall be subordinate to the provisions of �_ ..- .
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f( any existing or future agreement between Lessor and the United
�', States, relative to the operation or maintenance of the airport, �
Y� the execution of which has been or may be required as a condition I
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�-: precedent to the expenditure of Federal Funds for the development g
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�: of the airport. 3
;� I. Lessee shall use the leased premises solely for airport �
= pusposes as hereinabove set £orth in Paragraph 7, and in so doing ;
'� �
shall enforce and comply with all applicable laws of the State
�? of Colorado and the United States of America; rules and regula- �
.�� tions of the County of Pitkin; as well as any and all bureaus, �
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departments and agencies of said County, State of Colorado or
(,:�
�:� United States of America, as they may be amended from time ` `
ta �`� to time. �
3"� �
` J. Lessee agrees to comply with the notification and �
R�
� review requirements covered in Part 77 of the Federal Aviation �
�� Regulations in the event any future structure or building is �
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, planned for the leased premises, or in the event of any planned �
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fi,a modification or alteration of any present or future building
T or structure situated on the leased premises. � '
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�: K. There is hereby reserved to the Lessor, its successors �
�
+"1 and assigns, for the use and benefit of the public, a right of �
�5, flight for the passage of aircraft in the airspace above the �
� �
� surface of the pr.emises hereby leased, together with the right �
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',�.''�', to cause in said airspace such noise as may be inherent in the Y
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operation of aircraft, now known or hereafter used for navigation �
of flight in the air, using said airspace or landing at, taking `;
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off from or operating on Aspen/Pitkin County (Sardy Field) Airport. t
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L. Non-compliance with provisions A through K above shall
constitute a material breach thereof and in the event of such
non-compliance the Lessor shall have the right to terminate this
:{ Lease Agzeement, and the estate hereby created, pursuant to the
provisions of Paragraph 14 hereof, without liability therefor ��
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or at the election of the Lessor or the United States either .!
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' or both said governments shall have the right to judicially �
enforce said provisions A. through K. �
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. 11. Snow Removal: Lessor shall, subject and secondary to its �
( obligation to maintain clear roads and runways, remove snow from �
I �
those areas included in the Lease which are open to public use �
and which are used for storage, parking and passage of vehicles
3
and airplanes in the same manner as it performs snow removal
�
on portions of the airport outside this Lease; PROVIDED, the �
Lessor need not engage in the movement of parked aircraft and �
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' vehicles to accomplish such snow removal. The parties agree �
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that such snow removal under and about such vehicles� aixcraft �
and buildings shall be the responsibility of the Lessee. �
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12. County Reservations: Lessor reserves the right to direct ^
and control all activities of Lessee on the Public Aircraft Faci- �
a
lities at the airport in the event of an emergency or if Lessee's t�
operations are interfering with the use by others of the Public �^
�
Aircraft EaciZities of the airport, and to further develop and �y
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� improve said airport as the Lessor, in its sole discretion may ;}
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deem proper. Lessor £urther reserves the right to inspect the `F
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improvements and buildings on the leased premises during the
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period of any construction and at all times after construction 'i`
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and during the term of this Lease or any extensions or renewals,
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'� for the purpose of ensuring compliance with the terms of this
Lease, and any and all applicable Federal, state or local laws �
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. . . . ..' . . . .. . . . . . � ..:.�.:. .. ..:.........�...�.._ .. . � t..
�� r1,
�{;�
sF9..-
�+,
�_ or regulations. Lessor £urther reserves the right to inspect
Lessee's books and to procure such additional financial information
as may be deemed appropriate and necessary by the Pitkin County
Finance Director.
j
f{ 13. Subordination to Agreement with U.S.A.: Subject to the
t
provisions of this Paragraph and Paragraph 14 if by reason of any
'3 existing or future agreements between the Lessor and the United ...
j
States of America relative to the operation or maintenance of
� the airport, it becomes necessary to modify or move any improve- {
� ments or structures owned by Lessee on the leased premises, `
Lessee agrees to modify or move such improvements at the
':!
expense of the Lessor.
`:�
�� 1 4. Termination and Modification: If Lessee fails*�asx��xgp� ';?
/r, / `�
aMSa$xx}oie�g�ti�§flx��c��La�x�S� to perform any of the covenants °
, ��on its art herein contained Lessor ma ' �j
p , y, at its election,
� terminate this Lease Agreement by giving Lessee thirty (30) �R
s
,n
days' written notice, addressed to Lessee at the address stated �'
';,' in Paragraph 25 hereafter, by United States Certified Mail, --
,�_:� return receipt requested. Such notice shall specify the covenant
=;:� or covenants which Lessee has failed or is failing to perform. `
:a, ;
f; If Lessee fails, within such thirty (30) day period, to remedy
�:':
or perform any covenants then in default, this Lease Agreement
- shall, upon the expiration of said thirty (30) day period, be ��
automatically and fully'terminated. '�Y
�
��+;:' The premises leased by this Agreement shall be subject to . '?
's�'.
;y;, modification at the instance of and in the sole discretion of '�°y
�<` Lessor if, in the opinion of Lessor, the area hereby leased is
�; wholly or partially needed for other operations at said airport
'�''' or should be abated or entirely changed because.of other ''
�:
� operations (including without limitation those contemplated by
�`
�� * Should Lessee fail to make any payments, including rental, required
"�; by this agreement, Lessor shall give Lessee notice of the same, and
�r".�; � failure to make the payment due. with required interest as per paragraph
�� � 4 , shall constitute a breach of this Agreement. ;
�t :
`� -11- �'
-�
:� �
�
'�.i�°;'•K- .
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1:
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.�:;.�—:.i11�Yx��: ' � .
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.. .. . . . - . - ��sx�`r`.
;Rf�'
Paragraph 13); PROVIDED that, in the event of such modification,
i
Lessor shall make another area on said airport available to Lessee
'' for its operations hereunder during the term of this Lease Agree-
ment, at no increase in rent and upon all the terms of this Lease
s. Agreement, move existing buildings to such new area or modify
or construct such improvements at the Lessor's expense, and
replace at the ne�x location other equivalent improvements such
as ramps, taxiwayS and utilities. Such other area shall be of
equivalent size, shall have comparable facilities and shall be �
�
'"; situated with comparable access to the main runway if such �
�i location is then available. In the event that the Lessor forces i
i
�3 a relocation of Lessee's operations pursuant to this Paragraph �
"� 14 or any other provi.sion of this Lease Agreement, the Lessor �
T,'
= agrees to schedule its preparation of the relocation area and �;
Lessee's move to such area in a manner that will result in no �
`?� interruption of the Lessee's operations under Paragraph 7 `�
;�
�'' FS
�-; hereof. �
��' If the I,essor proposes to make another area on said airport �
`s;.'� . u � _
k� available to Lessee for its operations and such area does not '±
`�° satisfy the requirements of the immediately preceding sub- �
3
. if`, paragraph, Lessee may terminate this Lease by written notice to 'i
.�
<<
`�;, the Lessor. If any of the operations by the Lessor or the q
�b
=��`-°s United States of America permitted by Paraqraphs 10(D) , 12, ;�
�1
` ;3
;`a 13, or 14 or any of the other provisions of this Lease Agreement,
l�
any casualty or any other occurrence not within the control of �
•,,; � x
rz;4,
;,.;, Lessee causes a substantial interference with Lessee's operations 4�
♦'�w`:j
` for more than one week, the rent hereunder shall be abated during 4
4��
x�' the full period of such interference. Except as provided in the ?
,,� ,
�: �
�h:� first sentence of this sub-paragraph, if the Lessor fails to �
,`,; '0
=i� perform any of the covenants on its part contained in this Lease �y
"� �
:�;� Agreement, Lessee may, at its election, terminate this Lease �
°�;� �i
*.� ,
' Agreement by giving the Lessor thirty (30) days' written notice, ;:
;�y.i Z
�� by United States Certified Mail, return receipt requested, � `�
,,� ;
=� '
�� '�
'� `
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.h.
e�
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_.. ... . ..__.__.._v.
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`����:
��f�r`'
a t:
�
�.�.'
� specifying the covenant or covenants which the Lessor has failed
�
� to perform. If the Lessor fails, within such 30-day period,
i
,
to remedy or perform any covenants then in default, this I,ease
Agreement shall, upon expiration of such 30-day period, be
fully terminated.
`.t 15. Rights of Seizure: Lessor shall not be liable in any respect
;a -
to Lessee in the event of any seizure of all or any part of the
:f leased premises by the United States of America or the State of _
Colorado in time of war or other national emergency. Rent �
r; otherwise payable to Lessor shall abate during such period, to 5
;,�� . the extent that such seizure substantially inter£eres with '
i
Lessee's ability to conduct its operations. I;
t
_ �
`� 16. Fire Insurance: The Lessor shall carry fire insurance to
the insurable value of the structures leased in which Lessee and :�
i;�.
Lessor shall be named insureds as their interest may appear, and ��?
-�:
in the event of partial or total destruction by covered casualty :�
`i;�` ;�
loss, the proceeds shall be used to restore the premises to their Y
;�
former conditions, and equitable abatement or rental shall be ;3
' ,�;, made during periods of non-use because of such casualty, provided ��s
. �,
�' that Lessor does not undertake or agree to expend money in excess :?3
�i r�
L.
�;� of insurance proceeds toward repair or restoration of such `b
�
ti structures, but will use the proceeds of insurance for such ;; .�
a,:
purpose if Lessee contributes sufficient additional money to ,-:�
a'' restore the same to usable condition. �`{
�3
,:
,�.,
��;
17. Maintenance of Facilities: During the term of this Lease €;y
:": or any renewals or extensions thexeof, Lessee will provide prompt
�:
£` and regular service and wi21 maintain the 2eased premises and
v:
the business conducted thereon by Lessee in such a manner that
+ the leased premises and business conducted thereon will be a
�
?s
� .
� -13-
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�; .
, .,i-:
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� . �
: ��x�:, ' •
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ty�'��,
.�. .. .._.. �'__.._._..._........._.._._.�.'_`".'_,_.�_"--.__ _ ;�fYr.�1..:
' . ��7.:�4.�i.
•�:H�J i
. . . `••,^��''��
. . . . .y,•�:�y:
credit to the airport and the Lessor. Lessee will service and
maintain a public wait3ng room and restrooms in a neat and clean
manner, keeping the same open and providing service to the flying
public during normal tower operating hours. Service to be
;; provided by Lessee shall include public telephone service, weather
� intormation, unicom radio service, directions an@ general super-
� vision. Lessee shall have the right to use such space and make
:, i�
:3 ,
:� such arrangements as are reasonably necessary to carry out these �-
- `; �
�� duties. Lessee aqrees to comply with all rules and regulations f
j�� of the Lessor which are now in effect or which may herafter be �
{'3 !
i,� adopted by the I,essor; PROVIDED that nothing in this paragraph #
Y' �
;"� shall be construed to obligate Lessee, its successors or assigns, !
�
to create or construct any additional facilities on the Ieased �
:!.-s' ;1
;r; premises.
a
i
The Lessor assumes the responsibility for maintenance of i
�;? y
•^ parking lots, ramp areas, taxiways and the exteriors of the �
fi�
.� y,
`4 leased structures. All other maintenance and utility costs shall �
`"' be borne by the Lessee. Tn addition, Lessee shall, maintain �
,ry�
all aircraft storage and maintenance hangar doors. �
yz? I
� _
;:� _
. *;,
'� 18. Lessor Non-Liability Exceptions: Except as hereinafter
�,i - -
� specifically provided, the parties mutually agree that nothing 4
�' contained in the Lease, nor the operations hereunder, shall in �
;"r j ,
`;% any way be construed to constitute the parties hereto as partners '
h
and in no event shall Lessor become liable for any loss which ,�v�
'=� >t.
may result from the operations of Lessee u on the leased y, '�
�'°` ro ert
sr°,, P P P �
�'.
'�,
-� nor forqany indebtedness incurred by Lessee in the operation �K
;h
:;:; ^a
�; of its business conducted on the leased premises. Notwithstanding '�
1�; a
=�j the foregoing, it is aqreed that any services performed by the =
�=y '_9
�' Lessee or its personnel pursuant to Paragraph 6 hereof shall be `.
��k�� i
`''���, deemed to have been performed at the instance of and as the a
��'� agent of the Lessor. The Lessor shall indemnify and shall save i#
harmless the Lessee, its employees, agents, and servants, of �ti
��
.,;; and from any and all claims, demands, damages, actions, costs,
�� :
!
��: �
!�:; -14
��
�
;
t
� .w:�� ',_
� . ,._ . .
, r:=`� �
:�tr-�;ti;T•
3',5 a :�=' ,
�'�,:"��
AF�
±�i.X�
, .;.. , _ _. . , . .... . . .
. .. . . : . .._ _ ' �� . . ` �ti..
�Y S��i��dt�
Y`; y1
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��,ai2'+,:.
s and expenses of any nature in any manner arising from any services��,
��'�/ /
�j��� performed by the Lessee or its personnel pursuant to Paragraph '6 *
� �Ir` `
�-'hereof unless Lessee or its personnel's actions constitute gross ;'
negligence or intentional or criminal act of wrong-doing. The
Lessor shall provide evidence satisfactory to Lessee that Lessee,
its employees, agents, and servants, in the performance of any
services for the Lessor pursuant to Paraqraph 6 hereof are
f.:...
fully and adequately covered by the Lessor's public liability '
i
insurance i
')
{ 19. Indemnification and Public Liability Insurance: Except for
j
the performance of services under the provisions of Paragraph 6 j
�
hereof, Lessee agrees to indemnify the Lessor and hold it ;
harmless from any and all claims, demands, charges, actions, costs '
and expenses of any nature in any manner arising from (a) Lessee's '3
;:i
airport operations hereunder, or (b) the operations of any person �
y
3
or corporations acting by, through or under Lessee or any of its �
�
renters, lessees, sublessees or customers hereunder. For this
_ ,�
purpose, Lessee agrees to provide and maintain, during the term of ?
.
� this Lease, public liability insurance in the name of the Lessor '
� .
and Lessee with coverage in the amounts of $500,000 per person �
and $500,000 per incident and $500,000 property damage. Such �
:l
insurance shall be maintained with a company or companies to
be approved by Lessor and such poiicies of insurance shall provide �3
for 30 days' written notice to be given all parties in interest �
prior to cancellation of such policies by the insuror. The {
7
expense of such insurance shall be paid by Lessee. A certificate �
o .
� of the actual amount of insurance obtained shall be deposited with
i
and retained by the Lessor and shall be subject to Lessor approval.
i
1
1
r � 20. Employer's Liability Insurance: Lessee agrees to comply
with all of the provisions of the laws of the State of Colorado
i .
# and the United States of America pertaining to Employers' :�
/�/j *excluded from this exception is workman's compensation coverage which
�I,��lLessee agrees to maintain on all of its employees for all services
y��performed for Lessor under Paragraph 6.
.�
-15-
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��.,::�:�=•�_'
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i5_F...r � �
... 3i.i� Ll . '.
ti'.;:'l�.,ZF_,�1. .
.�Fl.r:�.+! ' .
.,�f=+=r
�ff ` �-
, _ ,,
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*
.�`.:
`�
Liability Insurance, and further agrees that it will insure and
keep insured all liability for compensation under the Workmen's
Compensation Act of the State of Colorado. y
• ��
21. Assignment: Lessee may not assign this Lease or grant ad-
�
! ditional concessions, or assign this Lease for security purposes �
without the written consent of the Lessor, which consent shall �:
� not be unreasonably withheld. �
� 1
,
22. Bankruptcy: It is mutually agreed that if a proceeding
-,� in bankruptcy, receivership or insolvency shall be instituted or
i filed by the Lessee, or if any such proceeding is filed against
�.
i
Lessee as bankrupt, defendant or insolvent and remains undis-
missed for a period of 3Q days, or if the Lessee or any of them
` shall enter into any arrangement or composition with its creditors, �$
�.
µ then in any of such events this Lease shall be immediately �
. �:i, �-.� -
� terminated and the Lessee shall forthwith remove all machinery,
�s; temporary structures, equipment, taols, and implements owned by
it, and shall have no right of access thereafter to the said
'� premises. �
-`� : � :
� 23. Agreement 8inding: This Agreement shall be binding upon
s
e
w the heirs, successors, personal representatives and assigns of
� the parties. � `
�
s �.
24. County Transpostation Policy: In recognition of Lessor's ?
�. �
i. desire to implement a mass transportation system, I.essee will �
� provide a shuttle service for passengers and their baggage, �
4 whether they be charter, commercial or private aircraft pas- �
s
sengers who are making flight connections between Lessee's �
9
H
facilities and the County air terminal located at the southeast �
',t
end o£ Sardy Field. F?hen ground transportation to or fram points �
located off Sardy Field is requested, Lessee will promptly relay ;
't
_ :{
�
-16- g
;;
y
y .
KuiY"�'
.wr-'7d•. . i
¢ 1;�`<'. •
c.,,.l��.
,'���'M
. . ,:;_,. , ,. ,_.. ,
_ .:. . , : . : ..
.., � � .r�.::
. � . . "'�l'•
� such request to the public transportation companies licensed to ` "
perform such services, including the County transportation system.
3
No rental car agencies, telephone outlets, or other means of ;
je r
advertising or encouraging the automobile rental business shall ' �
be allowed on the premises or anywhere within the Lessee's �
- leased area. Lessor retains the right to install and/or desig- ;
- ' t
' S
nate transit right-of-way upon leased premises, without compensa- � ,
'A tion to Lessee, provided said right-of-way does not substantially
�
interfere with Lessee's operations
` � 25. Notices: Any notices or consent provided for herein shall
' be in writing and shall be delivered in person or mailed by
certified or registered mail, return receipt requested, postage
prepaid, to the party for whom intended at the address set
• forth below
Lessor: Board of County Commissioners
_..s; Pitkin County Courthouse
506 E. Main Street
• Aspen, Colorado 81611
Attention: Airport Manager
' Lessee: McDavid Brothers Aviation, Inc.
Post Office Box 4904
Aspen, Colorado 81611
: i
i� Either party may change its address by written notice to the other
party. Notices or consents are deemed to have been given ef- �
_ � fective as of the date of delivery if personally delivered and �
�
as of the third day after mailing if mailed.
i
�
5
�
is
-17- _... .. _ �
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4 IN WITNESS WHEREOF, the partise hereto have set their names i
and seals on the day and year first above written.
/
� LESSOR: TAE BOARD OF C4UNTY COMMISSIONERS
- OF PITKIN COUNTY, COLORADO
, BY
� � . r
F� � ' �' '�."� ` . .
�, �iTTES�'e•,';: -Michael Kinsley, Vice-Chairman �
� �� � �,�#�` �u~ryr�C . � ` } .
_ t .`,,� �� `.. `.. .` '' .
q �� f � �
,�. ���.��f :
� � } .;:^�L � LESSEE: McDAVID BROTHERS AVIATION, INC. �
r a. � . + �
p.r . �.
. �i� Lr. �,�) � 1�� ' �
� BY=�J Y�. ��:��-s��
-i/
x <�resident
� ATTEST:
' � �
,�i� !
� � � .
� �— - ---.�e undersigned do hereby personally ��
rr.
�:� '.��r�arantee any and all Rental Payments, �
, Fuel Flowage and Landing Fees to be �
paid by Lessee pursuant to the �
; foregoing Agreement uv to the amount �,
� of $15,000.00:
03 �
kfi � . � � .. . � •. � �y� � 4C �n
- � . � - .. . � — ������lrs.. `���. .O//� Lfir� �( .
�; William M. 6Davi•
C
� � '"
�. 4
aSA
4� �7
�' David McDavid f
�, i�
'{� APPROVED AS TO FORM: :
�
"� _
� i /�rc� 1.€
�� - andra M. Stuller �
�.:_, :�
Pitkin County Attorney Y
r r� E
� �
y� .
.;� *Public Aircraft Facilities shall mean (a? runways; (b) taxiways; (c) ,�
�� .��/Jpassenger ramp and apron areas •(at�i ��
;:i .� 1
��=or-fora'hic`- -=-- L-essor-:;�s-greviot�sl-y,—orby-th-is-ag�eeme�or-may-
�/'t_..._ �.._.._ ....�, .. ,. _ � _ i ....r.. �
� ��-�:�.�-�n° y ��r, and (d) any ,�
�� extensions of additions�to the above and any other space or facilities ;?
� provided by the Lessor at the airport for public and common use by air- �
�; craft opere�tors in connection with the landing and taking off of air- �
craft, or in connection with opezations hereinafter 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 'n
.� for public and common use by the aircraft operators.
�1 -18- '�
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