Loading...
HomeMy WebLinkAboutbocc.con.074.1979 . _ .. _ .� _ _�._ _ __� � n : / ;"_�!��� . . . �uj!!R7''F�{�k`�'. � . .. . � . `�C:,�' .?T•!� . i;: . ... ...�,,.. � .: . .... .. . . . �.. I .'' T ���'' 34:'�,: ,, . 3. '4 � USE AND LEASE AGREEMENT t � 7���g� ; '� THIS AGREEMENT, made and entered into this ��'dday of q October, 1979, by and between the BOARD OF COUNTY COMMISSIONERS ',i � . ";� OF PITRIN COUNTY, COLORADO, a body corporate and politic and � constituting an political sub3ivision of the State of Colorado, 5 :� being the governing body of the Pitkin County Airport (Sardy ,�; ''� Field), hereinafter referred to as "�,essor", or "Covnty", Party ;� ; �' `,, of the First Part, and DOUGLAS A. JENKIi�S, dba EXECUTIVE `� j k � MAINTENANCE, hereinafter referred to as "Lessee", or Party of a i; the Second Part; `; '� � 1 W I T N E S S E T H: � � WHEREAS, the Lessor is the owner, sponsor and operator � � ��� of the. Pitkin County Airport, a public airport, located in � -r' Pitkin County in the vicinity of Aspen, Colorado (hereina£ter : r� � sometimes referred to as the "Airport"); and � ?y , �: - r WHEREAS, Lessee intends to operate a non-exclusive aircraft � �; repair service, and wishes to operate said service on the Aspen t� ; Airport; and :7 � WFIEREAS, arrangements have been made between the Lessor ,��., . � - for the use by Lessee of a portion of certain Airport ramp r� ;, �-� space, provided such use shall be for a limited period and subject �° . ��to certain limitations on use. 4� _ NOW, TAEREFORE, for and in consideration of the mutual °ML` -- `z, covenants and agreements herein contained, the �essor and � � Lessee do hereby mutually undertake, promise and agree, each ;� ;�� . for itself and its successors and assigns, as follows: • �?� . "rt �r' � Part I ` ;� �,� . LESSEE OPERATING A£.EA ;:x yi ��, 1.01 Letting of Non-Exclusive and Storage Areas ? � ;3 � The Lessor does hereby demise and let to Lessee the non- "° �} � � �i. i., exclusive use of the ramp area (consisting of approximately 1,250 ° �� :� ;� .';r _ t' r� -1- - .t �a,:u.`.`�.%` a ,�,4iSC..,:� . / .;�`t ��k`�,�R�i' . . ' . ��`�� - . . . .... ,.. .. . ,. . _ .... .. . . .,.... ..-... ..,. .. ,. .. . . . . . .., ... -:.:., r.;����,.J"' .�-__ '��� ' , �.. r(. ;` t . �t . ; ' square feet, and shaded in red on the attached Exhibit "A", which � , Exhibit is hereby incorporated herein by reference and made a part ; i - hereof) adjacent to and North of the T-Hangar building for the � repair and maintenance service of aircraft. I i i 1.02 Term of Use and Lease Agreement ' The term of this Agreement shall be one year commencing on i ' �/�ci���7C.e / , 1979, and terminating on �6l6[.lS7F �/} � _ 1980. ` ' ; � 1.03 Utilities and Taxes The Lessor shall supply, and assume the cost of snow removal, � provided however, that Lessee shall assume the cost of any and Y .. all electrical circuitry, telephone and teletype apparatus it may install. Lessee shall pay any and all person3l property taxes assessed on the premises except that attributable to improvements made by the Lessor (which cost the Lessor shall assume) . ; 1.04 Conflict with Other Commercial Operators ^'` _ � Use of the ramp, taxiways and parking facilities by � Lessee shall be subject to the approval of the Airport Manager who shall designate parking places so as to allow the efficient and orderly operation of other operators. 1.05 Limitation on IIse Lessee is granted use of the area hereinabove described - for the purposes normally associated with the operation of an airplane repair and maintenance operation; except that, in no event shall any area be used as a car rental or leasing agency, for providing hotel or lodge reservations services (iacluding telephone "hot lines" therefor) or for providing taxi or limousine services. • .: � rf: �Z� F�i. � . � �ui::r . - � . . . �;�E'r�, � il ;�. :... . .. . ,. . i� .. � ,�''e'�� '�. ' n`�,_:� �ta.: �t � =E i r,;.r:�Fi�,��+t.. . . . . ,��;s:rt„:�rf� --u ..b�i`'� . - �: . . .. . . ��Y��`�.,. S �����' ' 1.06 Additional Use of Non-Exclusive Areas 4 If the said Airport Manager determines, on occasion, ± _ . z � that convenience requires use of a remote space area, such ,_ .' � space or area shall be considered as added on to the space of . '' � Lessee on a temporary basis without additional cost to Lessee. � i t � � ; 1.07 Maintenance and Custodial Services ' � � Lessee agrees to provide on a daily basis routine custodial �' ��� " care of the non-exclusive area of the said demised premises # , including when appropriate, but not by way of lim,itation, : "� sweeping, and trash collection. 1.08 Signs Lessee agrees that no signs or advertising displays shall be painted or erecfied in any manner upon its premises without the prior written appzoval of the Airport Manager; and that signs identifying Lessee will conform to reasonable standards established by the Airport Manager with respect to type, size, design, condition and location. I . Part II - PUBLIC AIRCRAFT FACILITIES . 2.01 "Public Aircraft Facilities" Defined As used herein, the phrase "Public Aircraft Facilities" shall mean (a) runways; (b) taxiways; (c) passenger ramp and apron areas (other than the ramp or apron areas to or for which the Lessor has previousZy, or by this Agreement, or ; � may fron time to time lease, assign or grant exclusive use), and (d) any extensions or additions to the above and any other space or facilities provided by the Lessor at the Airport � r �. ` �;s for public and common use by aircraft operators in connection �? ��" with the landing and taking off of aircraft, or in connection � � � � M1' f: . .1 € -3- � a i.`i;. �.s. ,`.w:,'., ' a:�;sni t f�� � :1�y.f - ra• j �J�y: �.�-'.sK`",.'.F� � a#�.F ._ _ . _ . . .. -. .... ..,,,_,.. . _...... .. �:,., - • _._. ._ ., .. . . � . . 1 r �y�"�. � r!'. r ;`�.c t'>:t`: ;�;ra with operations 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 Gountf- - at the Airport foY public and common use by aircraft operators. 2.02 Public Aircraft Facilities to be Provided The County agrees to provide, and to maintain in good condition and repair at the Ai.rport, in accordance with good �' Airport maintenance practices, and, during the term of this i - Ag"reement, to make available for use by alI aircraft operators ` the Public Aircraft Facilities, and any additions or improve- ;� ments thereto. The County shall remove snow and ice from the � • ., Public Aircraft Facilities. . . � :� The County may from time to time increase the size or `� � capacity of any such Public Aircraft Facility or make altera- � : - - t tions thereto or reconstruct or relocate them or modify the � . . a desi n and t � g ype of construction thereof or close them, or any ;a .... ;� portion or portions of them, either temporarily or permanently, ,j provided, that reasonably equivalent Public Aircraft Facilities _ �a ,5 • � are made available to Lessee in a reasonabl.e time and the `n • County agrees to attempt to keep at a minimum any disruption • or inconvenience that such projects may cause and Lessee shall . � - . . .. . . . . -- - � ;i . . . not make any claims for snch temporary disruptions or inconveniences. _ �s r;---- ---�_ :. x 2.03 Use of Public'Aircraft Facilities 'i � L•essee shall be entitled to use the Public Aircraft � � Facilities in common with.other operators of aircraft for � the followin p a i,; g pur oses: - - u (a) Runways, .for the purpose of landing and taking . . ;� i off of aircraft; . �'Y , 'Y ,:3 � (b) Taxiways, for the purpose of the ground movement ;� � � of aircraft; _ '� A. - . . f.� (c) Any other use normally incident to the�foregoing: �< � . . . . . . . . ' :k � . -4- " =�� :, :�;:,.,= �a,..w.�:�k . _ �, T ..� .�. �. .. . M,� � ;l��1-4'��! . .. . . .:j�>'-'.�,,C ��::.-.xi•:�5 � ..,.a ti,�Gf�„: . 7,,. . � :,,,.:. �.c� _ . - . ..N_' "u�: �.� . ... .. - . . . ri: a i�� . ;"'t': ;u.: �W: c . . . It is understood and. agreed by Lessee tkiat•the use of • the Public Aircraf*_ Facilities may be in common with other• ' public users, upon compliance with the reasonable and non- discriminatory terms and conditions (including the payment � of rates, fees and charges) upon which they are made available £or such use, and in conformity with the reasonable rules and regulations prescribed by, or which may be prescribed by, � the Goun±y with respect to the uses thereof including, but ° 3 ; not by way of limitation, rules, regulations and directives 3 , 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 � . • i unaccept:•ble to Less.ee, then Lessee 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 � 3 modified to the satisfaction of Lessee during such thirty s (30) day period. . 2.04 IIse in Wartime or National Emergency • _ It is agreed by Lessee that during the ti.me of war or � t national emergency the ciounty shall have the right to enter � , into agreement(s) with the United 8tates Government for . military use of part or all of the Public Aircraft Faca.lities, - � the publiclg owned air-navigation facilities, and other areas _ or facilities of the Airport, and if any such agreement becomes effective, the provisions of this instrument, insofar . as they are inconsistent with the provisions of such agree- � ment(s) with the Government, shall be subordinated to those � agreements. . �- 2.05 Vending Machines ' • t:' . , No amusement or vending machines or ather machines - operated by coins or tokens shall be instalZed or maintained ; � , upon Lessee's non-exciusive premisesS � ��- Vf1`���Ce � 1�55e� . . 5 . °��' ; . -5- . i , ' ; '�: "E:::' ......�.a.... .�_ _..... - ......�,..e...............�... . __a_'"'".WIWYYY _-°_"""-�...__......v..._ � ...r....�.� ....... .._ fYNY�4 �. . .... . -n".l':f- . / �n��4i.�• . . .z.P'3...;��•` .. i���'�i.�3tk,y,n � . t �� � ..�. �..:.. .. . . _ . _ .. . ..�. . . . , �.. . �b`f.i.�� . r pYf'i � � . �:V,',11.,,. � p•a s�o: , .�:�`; .:(�" � Part III - • � . • GENERAi. PROVISIONS . • " _ . ' .. . - 3.01 Destruction oE Premises If by reason of any cause Lessee's �_*�a�- non- ' , � . . i exclusive spaces are damaged to such an extent that such ". _ _. ' � premises are untenable in whole or in substantial part, then: � � A. The County will make all�reasonable efforts to � provide substitute Eacilities, and such substitute � �t � facilities will be made available to Lessee in ) i ; � accordance with the schedule oE rentals,� fees and f '� . � �charges for the use of the Airport as provided herein. � . � _ _ ,' • B. If the repairs and rebuilding necessary to restore r • such premises to the condition existing prior to ` � � the occurrence af the damage are in the reasonable � � • judgment of the County justified in the light of - � . ~ existing or conteinplated construction.programs, � and`can be completed within ninety (90j days from � � the date on which the damage occurred, the County ' _ - - shall so notify Lessee in writing and shall proceed ; � __ __promptly with such_repairs_and-rebuilding, and, � . . _. i : - -- _ ,:in• such event_the-rental therefore shall be abated � •-�---•--- - - - . - - - - - -- - - x _-,_ _- __,:pro rata for the period from.the-date of the occurrence � � ;i -__._._�__ .of such damage to the-.date upon which said repairs � � . — __.. -____ and rebuilding_are completed.__ _ _ ___ ,_ -_- � _ _ __.C.. . If such repairs,and rebuilding are not,- in the . ' - � . -- :.reasonable judgment_ of the County, justified in the _. - � light of existing or contemplated construction � � � ____ . programs, or if they cannot,_in the reasonable � _ _-_ _.__ ju8gment of the County, be completed within said • � � _ • . ninetp S90) days, the County at its option, to be � r:�. . # _.. . 2 � , • -'"" evidenced hy notice in writing to Lessee, may either - � - � (1) proceed promptly with said repairs and reb.uilding, � �': , in which event the said rental shall �be abated as • � - - ._ • . . . • ^ � ' � , � � _6+ 4 __ _ __. .- ;� :.. ,..�4:�r� �:gaL� �'�kr�ir:.M<i�,��",y . , F;F� ��''_'3t-z� • . .�'-�'�:'fi.'t?'. , . . ?k Y!�.i,}�'.�ti� . . ',.:k�T'4�� . , . . .. �� .. ,. .. . .. �.. ' di:� y: ,�:. ..��.' �� aforesaid, or (2) terminate the letting thereof, in which event the said rent therefor shall be � abated from and after the date of the occurrence of ! the damage. ; � � 3.02 Snrrender of Premises I ' Lessee covenants that at the expiration of the term � ; hereof or at the earlier termination of the letting thereof, , it will quit and surrender all such premises in good state � and condition, reasonable wear and tear, Acts of God and other i Icasualty excepted and Lessee shall at its expense forthwith ; � remove therefrom 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. Should Lessee hold over the use of or continue to occupy any such premises after the termination or cancellation of the letting hereof, such holding over shall be deemed merely a tenancy from month to month upon a monthly rental in an amount I equal to the monthly rental requised to be paid for the month next prior to such termination or cance].lation, and otherwise . (except for the term thereof) on the same conditions as herein or hereinafter provided. 3.03 :Notices A11 notices required to be given to the Lessor hereunder shall be in writing and shall be sent by certified mail, return � receipt reguested, to the Airport Manager, 506 E. Main Street, Aspen, CO 81611, with a copy to the Board of County Commissioners ` '• of Pitkin County, Colorado at 506 E. Main Street, Aspen, Co nr ,�`i�' 81611; all notices required to be given to Lessee hereunder 1' shall be in writinq and shall be sent by certified mail, return R: C. 1. � receipt requested, to Executive Maintenance, 20202 State Highway � 82, Aspen, CO 81611, provided that the parties, or either I ; t � , � . _�_ � � �,.��.. ____ _ __� _e��z__. � !��'���_�l �rrin�'.-.c��Y5^"� . .. � �/ ' . •,�{�k,��„ _�.�',. :�'' � of them, may designate in writing from time to time the addresses of substitute or supplementary persons in connection with said 3 � notices. The effecti.ve day of service of any such notice shall be ; the date such notice is deposited in the mail to Lessee or said i � Manager. 3.04 Reports Lessee agrees that it shall, on or before the lOth day � of ear.h and every month during the term hereof, submit to the Lessor by delivery to the office of the Airport Manager, the 1 following record oE the precedinq month's activities: - ; Aircraft Repair/Maintenance reports listing by such date the number and kind of aircraft repaired/maintained by Lessee at the Airport showing the total number of hours of such aircraft repair/maintenance service for the preceding month. Said report shall be signed as correct by Lessee. The report shall be on a £orm provided by or approved by the Lessor and the Lessor reserves the ri:ght within reason to ask for such �. i further information or clarification on any matter_contained thereon and Lessee agrees to endeavor to provide such information. � 3.05 Payments �- Lessee agrees that it shall, as consideration for this leasehold, pay to the Lessor at the address as set forth in 3.03 al7ove, the following: � A. A monthly rental for its".use area in the amount of $10.50 ` i. (@ $.10 per square foot per year) . Payment to be made by the tenth (lOth) day of each following month. • B. The sum of $1.00 per hour for each hour of air- '. : f::, s _ craft repair/maintenance service perfozzned during the preceding month. Payment to be made ' fi by the tenth (lOth) day of the following month. >; f � � `;,'-e � � -8- � � � ��:�'.;��_..+}�.il.� . / � :�"-rr�.�t . c '��,��F: . �d ���a-;_ti . . ,._ , K��+�i.I�i. R?1G,.: ���' ���� � '�Y�.e .�'�� ;t C. The sum of $i.00 per hour for each commercial ; i repair/maintenance operation pezformed other 3 than those specified in paragraph B above. � �. D. All other charges for services as negotiated by � l the Lessor and Lessee for the use of space, � i services or for other purposes including, but not by way of limitation, all Police Security �. charges provided by the County of Pitkin, State of Colorado, as required by the Federal Aviation � Administration or as may be specifically requested by Lessee. All such billing shall be sent to Lessee j at the address as noted in 3.03 above or as otherwise 3 directed in writing by Lessee. E. Interest to be charged at eighteen (18�) per cent per annum on a11 overdue amounts, payable upon demand. 3.06 Indemnification ' Lessee agrees to release and to indemnify and save harmless the Lessor, its officers, agents and employees, from and against '" i . any and all loss of or damage to property, or injuries to, or death of, any person or persons, including property and oEficers, employees and agents ot the Lessor, and from aay and all clai.ms, � damages, suits, costs, expenses, liu5ility, 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 conducts of officers, employees, agents, contractars and sub-contractors of Lessee. �. The Lessor agrees to reZease and indemnify and save harmless Lessee, its officers, agents and employees, from and agai.nst � any and all loss of or damage to property, or injuries to, or c: r �, death of, any person or persons, including property and of£icers, 'g employees, costs, expenses, liability, actions or proceedings of ,_,� } any kind or nature whatsoever, of or by anyone whomsoever, in -9- 3 . � ? ,3�.'. -. . . . .. . . . . . - � .. . . '.i�.�.:"_-}t•,,!t. . � 4"�' ����" � • � . �,r � � � �� ����� }t.J.".i-.:_:. . ���'h " . .., � . - . . ' ' ��.Yi- �,', ..i,x'. . " '..,, • ry�� .•� • ' . : c f _ , "'- . ... ..�:..:� �P..,a.. .... . -.� jrF.. �.. . . . . . . . ,���'�':., 1 any way resulting from, or arising out of, the negligent acts � ; ! and omissions and wrongful conduct of officers, employees, agents, � �! contractors and sub-contractors of the Lessor. - s 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 property damage insurance as may be required as a � 1 condition o£ any operating certificates that it is required to � . have for its operations and shall, i£ not otherwise required, maintain bodily injury and property damage insurance covering �a1Z of i�s operations and activities at or upon the Airport, but with limits of not less than $100,000/$300,000 for liabiiity � and $100,000 for property damage and shall further specifically � maintain in force Workmen's Compensation insurance for all its employees at said Airport. All policies of insurance so main- _.; 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 4` . the Lessor of the kind and amounts of said insurance coverages reflecting that the County of Pitkin, State of Colorado, is a co-insured thereunder. � 3.d8 Laws and Regulations As a condition of this Agreement, Lessee agrees to cause its officers, employees, and any other persons over whom�.it has control to obey and comply with all existing and future laws, and all lawful directives, conditions of certificates, and rules and regulations adopted, promulgated, or ordered by the United SE.ates 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 Lessor, all as may aEfect Lessee and its operations and activities in and at the Airport. -10- • � 5 �' ;a �� I A". / �f� ' ' . i',':.,iL:�'�kZ: ' �:�,'.'�,�r�i:'�}.'r' . . � _ Y P "i�'-� p . � - fi�'fi.` vX iA� .;Y'� � ��" - -;��Se��j N��. f���. H:t: .i�1.:F: •,;��',G.,. .d��1M'.`' t � � 3.09 No Discrimination { i i The Parties hereto covenant and agree (1) that no person f on the grounds of race, color or national origin shall be ex- ; i � cluded from participation in, denied the benefits of, or be � � � - otherwise subjected to discrimination in the use of said facili- � ties, (2) that in the construction of any improvements on, over � � or under such land and the furnishing of services thereon, no � �. _:. person on the grounds of race, color or national origin shall ; be excluded from 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 � F. Secretary, Part 21, Nondiscrimination in Federally Assisted � Programs of the Department of Transportation - Effectuation of + � Title IV of the Civil Rights Act of 1964, and as said Regula- 'r. :1 tions may be amended. 3.10 Purchases by Lessee .i 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- � _— tations, restrictions, charges or conditions shall be imposed by the Lessor, against Lessee or its suppliers, for the pri- vilege or purchasing, selling, using, storing, withdrawing, handling, consuming, loading, unloading, or delivering any personal property of Lessee by Lessee o= its suppliers, on the premises granted for such use, or for the privilege of transporting such personal property to, from or on the Airport, subject to reasonable rules and regulations for traffic control and security. It is understood and agreed by the Lessor that the fees charged as provided herein are sole charges made for the rights and privileges as set out in Part 2 hereof, and that any � -11- � > : y :;,e; r . N;K« �3 -�- - . ,� '?�'irtx°�1j-� � . -. . . �� jr�,�. .wN�..=9.!„���. . � y�. . . �.. ......_ . . . �,.* �Y'� . ,1 �.�: �': 7�: � - 1-�'it'7�.:-. ;,;zr:;;., >;��' � supplier o£ fuel used in the exercise of said rights by Lessee i ; shall not be required to pay for the right to sell and deliver j i that fuel to Lessee, except that it is understood and agreed ?- � by Lessee that the Lessor may impose reasonable regulations for + j �; the secure and safe handling of said fuel by any such supplier � as are consistent with Federal Aviation Administration regulations � c or requirements respecting the same, j I 3.11 Cancellation by the Lessor i In the event Lessee shalI. file a voluntary petition in � bankruptcy or that proceedings in bankruptcy sha11 be institnted against it and Lessee thereafter is adjudicated bankrupt pur- suant to such proceedings, or that the court sha11 take juris- diction of i,essee and its assets pursuant to proceedings brought under the provisions of any Federa2 reorganization act, or that a receiver of Lessee`s assets shall be appointed, or that Lessee shall be divested of its estate herein by other operation of law, 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, s � , ---- after the lapse of said period and prior to the correction or curing of such condition or default, terminate this Use and Lease Agreement by ten (10) days written notice. In the event � Lessee has undertaken action to correct such condition or cure � • such default, and the same can be cured, and is proceeding ex- � �. peditiously thereat, the Use and Lease Agreement shall not be � cancelled (except for amounts due pursuant to Section 3.05). ! Termination " � under this paragraph shall be construed as a termination of the � •� rights of Lessee under both Parts 2 and 22 hereof, the two parts ! ` % being mutually interdependent; PROVIDED that the same shall not � `:p.. be construed to prohibit use of the Public Aircraft Facilities i 1, � -12- � k � . .'n�..�_...1'�' ___. ___ �{...._.. � r j, f w. �. '��."��'�"�`r°�� . . .. . - . -�;%-� � ;��„: �;�; ,_ �� , `�.�``=' ��� ,� by Lessee in accord of Federal Aviation Adminstration Regulations i respecting use of the Pitkin County Airport. � i 3.12 Cancellation by Lessee � Lessee may caaceL this Agreement, and terminate its obliga- � '' tions {except those accrued prior to the date of termination) , � �I�ereunder at any time, by sixty (b0) days written notice, upon ' or after the happening of any one of the following events: The `i � termination or suspension of all Lessee's certificates of public � convenience and necessity or other required authority for the ', repair/maintenance of aircraft; issuance by any court of com- petent juzisdiction of a permanent injunction in any way preventing ^� or restraining the use of said Airport for purposes that would prevent all Lessee's operations, the breach by the Lessor oE any of the covenants or agreements contained herein and the failure of the Lessor to remedy such breach for a period of sixty (60) days after receipt o£ said written notice of the existence of such breach (in the event the Lessor has undertaken action to correct such condi'tion or cure such default, the same can be cured and is proceeding expeditiously thereat, the Use and ' � Lease Agreement shall not be cancelled); the inability of Lessee 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 Lessee under this paragraph of this Agreement �hall be termination of the rights of Lessee under both Parts I and II hereof, the two parts being mutually � interdependent; PROVIDED that the same shall not be construed to � ` prohibit use �of the Public Aircraft Facilities by Lessee in � accord of Federal Aviation Administration Regulations respecting i�.. the use of the Pitkin County Airport. O.` .. �.:.{� - � . X. � -13- _ 1 i ;J,�. ' ' ,. � -..a°u�5,�.,. . . I }i�S�'Y+.. • � ' . w�y���''_ . .. a,'�,f$s,t.���'`�Fl.. � .. .� # .... � * � ,�,....,aM, . `..Y..;�, .,:9��. � �•.�. . a. ;f�'�. " '� n•y x' _ �. �:�:. .'`�,,. 3.13 Proposed County Transportation System .. Lessee acknowledges that it understands that the LessQr ; � , is considering the construction and operation of a public mass ground transit system which may restrict or prohibit private i � -; vehicular (includinq rental cars, and employee parking to the � i extent that the same may be practically used by the company's i employees) access to the Airport. Lessor aqrees that in the 4 f i i � event it shall construct such a system there shall be no restriction upon the access to the demised premises for such i sesvice and/or utility vehicles as are necessary incident to ; the business of Lessee, nor shall there be any restrictions placed upon the pickup or delivery of freight by ground carrier services � and/or private individuals. 3.14 Assignment Lessee understands and agrees that no assignment or transfer of any rights or promises granted under this Agreement shall be made. 3.15 Third Parties � � - This Use and Lease Agreement does not and shall not be deemed or construed to confer upon or grant to any third party I or parties, excepting any successor to the Lessor, any rights � --- to elaim damages or to bring any suit, action or other pro- ceeding against either the Lessor or Lessee because of any breach hereof or because of any of the terms, covenants, � agreements or conditions herein contained. � 3.16 Waiver �:, No waiver of default by either party of any of the terms, s'. covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver - + of any subsequent default of any of the terms, covenants or . :,,�.: � conditions herein contained, to be performed, kept and observed � by the other party. -14- � � ; :w.��,- ' � ��>E� y.,�Y�w: . . � . µ�.X���r »-n;sr ;��w , :��'��, . :_, � � , , .,..... . ... - 7 ...,. ...� . ...� . . ._ .. ..��. . . . . . ;u�^1. `, 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 aircraft repair/maintenance ` 4 i service with respect to the Airport containing more favourable y � F terms than this Agreement or to grant to any other aircraft � � repair/maintenance service rights, privileges and concessions with ' respect to said Airport which are not accorded Lessee hereunder, r unless the same rights, privileges and concessions are concurrently � 4�- - . =� and automatically made available to Lessee. _ ' ; ' 3.18 Agreement Made in Colorado • � 'i This Agreement, shall be deemed to be made in and construed � � 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 THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ,� ;u: . 1) � �,TTEST•: B�,. I --�• • ' • C/airm , .' `. • ',4, . . ' . '�:� ^��f4 � ��.�.,,�` A . . � �;: . . �T' . ' ,Dg C1�r and Recorder "'� � u.. ,° PARTY OF THE SECOND PART •, � �- r� .- . . . . ' a , ;:.;' DOUGLAS A. JENKINS, dba '.6''• EXECUTIVE MAINTENANCE , �._— �� C(1 i..\` . . . � .. . ' By. !/� . ATTEST• o as A. Jenk 20202 Highway ' Aspen, Colorado 61611 t !" � APPROVED AS TO FO ' t: ry r/h/h�/��%__.�/A/� San�ra M. Stuller Pitkin County Attorney ,. ,�` � -15- , _ i �j � . . . . . .. .. ... . f � �{ ' e� . _ ... . .. . . . �� . � . � . . . . . . .. 7 .�:�:-_:..._,.i.�. i :e��F�"�.rL` ' . . -.. . . . ���'.;y.�(�4. � �.�". .��F_.�;. . . rr. �' ' , . . . .�::...... _.. ... . . ..:. .... ..... . . ,-�.' - t �._ � � i r "yl: � • ' �: . • / . . O . ' , }i�^ C /-� \ . . � . G� + . �y � . \�� \ \ \�' . . . �ffl ` �� � � � D� z , �� � �� �� \ �, x � . � H .�l C � � (/� ►� .. � . �, `V \ `�.� � f77 �1 ���. � �,�/ . _ . , � n �'�.� � � � \� � n _ . . " ��'f�j ,� \ \� \�'\ . 3 ` . _ � \ � ` � �' :� ` � � \'� � �i .c`� � 9 � \ \ `` \ � ;. �a�y V� ` � � \� ��i s �1 �q\ � . 1 \ . . � � - ��� ✓? � \ � � � . \�...�—. ���, �' '� \ \ � '� , 1/ y� /'r,i N\ \ \ \ � .� \V(/// �m 3r �r.�� �:� � � \�.//' \ .\.�� � . � � . '� � \ 7 . ti �d ,,� \ \ ,.l � . . . ' �\ ` � /'� :\ \ • . . \ ( ^ �� � t.CO 0 . ����17 � ()�. � ` �\ . � . . .1 \��` 'N�.�S `�%� V\\ \ . � . � . \' ��A '�O rl . . . '�\ P^ w� i �� Q Q \ \ � � '�` � - � . . . . ` ♦ f ^L- \\ ��I�• 9s S/"� � \ ` ` \` ' � . - - \ �A \• T � �1 " . ' - �%�J ��`. � Y \ CQ � �\ .. �a \ � \ � O � � � .. � �� . \�\� � �T \� , ` � . . .. . . ,� � . '^ �'o` ``' >`�' 1 \ \ � \ �� � �, � � \ �. .;-� �,�. . � ' _ -;" '�;. .�' � \\ \� - . . � •i ��f \ � \ � ,�\ " . .. . . �� � ��`�. ic � \ 4i. �/ <: � � '.. . . _ � . . . . �� y�z Q `1 � �1 . , �\\`` . yr�S � s, . . . \`• 't \ � Q ;o O . � `� ' �� lr� Q . . . . . ••`••, o � � � ° s j. _ � � �'�� � s\ � `� :� \ � ; � `,� � ��; p�. _ ,�_ '•\ \�' `•� -tl , .. ' `E.' � �\� '� `J �. . . , \ 6;i \\ , � '• • , ' \` `J N` i- . J�/ t.- �� o.. ' r. `,.� �; � - #= s'' ,� �' a�,�c`�R�, � � ; � , ��s. , �, . � q - �tin,`r'.�-'