HomeMy WebLinkAboutbocc.res.077.1996 `C. . ��k . .. ' '
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ti
OF PITKIN COUNTY, COLORADO, " i
APPROVING A CONSTRUCTION LICENSE (WITH A TERM OF 3 WEEKS) '�,;+�,.
FOR JET ASPEN, INC., AS LICENSEE, FOR
THE TEMPORARY, LIMITED OCCUPANCY AND USE OF
PROPERTY AT THE ASPEN/PITKIN COUNTY AIRPORT "(SP.RDY FIELD)"
AIR CARRIER TERMINAL BUILDING 's; ::
FOR THE AIRLINE TO PREPARE FOR THE PROVISION OF i>r '
AIR CARRIER SERVICE
REQUIRING A COPY OF THE LICENSE . •
TO BE AVAILABLE FOR PUBLIC INSPECTiON IN THE OFFICES OF •
THE THE DIRECTOR OF AVIATION �.
Resolution # �C?�•�/" �
RECITALS 4
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1. Pitkin County, a Colorado home-rule county, is the �
- owner, sponsor and operator of ehe Aspen/Pitkin County Airport
(Sardy Field) , located in the vicinity of Aspen, Colorado, and
' has the authority to regulate commercial acti.vities and to lease
4 1973
and license space at the Airpozt, pursuant to, inter �ia,
1 C.R.S. 41-4-101 g� sea., 30-35-202, Title IV of the Pitkin County �'.`
Code, Section 8.7 of the Pitkin County Home Rule Charter; and
• �I 2. The County has received an application for the use of
I certain air carrier terminal facilities and aeronautical areas
+ for use by Set Aspen, Znc., for the conduct oE scheduled commer-
icial airline service. The Airline is in the process of
requesting permission from the FAA and the DOT to provide
- � scheduled Airline service to and from the Airport and permission
from the County for access to and occupancy and use of Airport
land areas, buildings and facilities.
3. In anticipation and support of the provision of such
` Airline service, the parties desire to enter into a Construction , '
License for the temporary, limited occupancy and use of the
Airport to prepare to provide such services. Staff recommends to
the $oard of County Commissioners that a Construction License be
executed between Jet Aspen, Tnc., and Pitkin County, to provide
access to the airport ,terminal and operational areas nece�sary
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tor the preparation of facilities in advance of the conduct of ; .�
scheduled commercial airline operations. w..
- 4. On the recommendation of staff it is hereby determined � " i�''
that the execution of the attached Construction License is in the '�
best interests of the residents and visitors to Pitkin County; 't '
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THEREFORE, SE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- �t` �"
SZONERS OF PITKIN COUNTY, COLORADO: i;�` �
Section 1 �,� '
That the Construction License for Jet Aspen, Inc., which �'°
document is attached hereto as Exhibit "A" and incorporated �•_
herein by this reference, is hereby approved. ,
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� Section 2
e �••
That the Chair (or Vice-Chair) of the Board of County ��
Commissioners is hereby authorized and directed to execute the
! subject document on behalf of the County and such other documents +
5 as may be reasonably required to complete the transactions set
� out or necessarily implied by this document which other documents
� have been approved as to form by the County Manager and the �
� County Attorney.
' �..
� Section 3
I
That a true and correct copy of the Construction License
(Exhibit "A") shall be kept available for public inspection and
at the Office of the Director of Aviation, Aspen/Pitkin County
Airport, Aspen, Colorado (970-920-5384) .
INTftODUCED, READ AND APPROVED BY THE BOARD AT ITS REGULAR
MEETING ON THE lOTfi DAY OF JANUARY, 1996. ,
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HOARD OF COUNTY COMMISSIONERS `'
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ATT-EST: � OF PITKIN COUNTY, O ORADO : '•,
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L� By:
; Jea� tte Jones � / (daLe) ame e, Chaiix � ,
✓ �_y�..IL (datel �,;;.�.:::��'•
Deputy Clerk & Recordar i�i>.::��-`.
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APPROVED AS TO FORM: MANAGER APPROVAL: :�� ,;
_�-- S ��--� '` ..
John Ely Suz e Kon han
County At ey County Manager ;'i�
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ary E a ':
; 'rp t peaial Counsel ,y
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j APPROVED AS TO CONTENT:
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- Scott Smith Thomas C. Oken
': Director of Aviatian Director of Administrative `
Services
:
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ASPEN/PITRIN CODNTY AIRPORT � ��
CONSTRIICTION LICENSE : ;
JET ASPEN 1/10/96 � ,~�
,. �.
TBIS CoNSTRUCTION LICENSS, made as o£ the date last below signed, � �.
is by and between the HOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO ("County") , a Colorado home-rule County, as �'
��:
Licensor, and JET ASPEN ("Airline"), a Colorado corporation, �.'_?�
as Licensee. ,;:r_4.:.
I2ECTTALS
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1. The County is the owner, operator and FAA sponsor of the
Aspen/ Pitkin County Airport (Sardy Field), located in Pitkin
County in the vicinity of Aspen, Colorado (hereinafter the ��"
"Airport") , at which it has made available certain land areas and .
facilities for and in support of commercial aeronautical activity `
, including public airfield facilities, an airline terminal and .y,
related airline facilities, and a general aviation terminal and
related general aviation and fixed-base operator facilities; and
�,
- 2. These certain land areas and facilities are further designated
as areas and facilities for public use (subject to rules and
regulations for each classification of user}, areas and facilities
j £or exclusive, preferential or non-exclusive commercial use ,;,;�
; (subject to written agreements with the County), and certain areas "! `
"reserved° by the County for future designation; and �
; 3. The County has the authority to operate and manage the �
Airport, to permit and regulate commercial and certain aeronautical
uses and activities at the Airport and to lease, license or permit
the occupancy and use of land areas, buildings, improvements and
facilities thereon, pursuant to, j�� �1.1�, C.R.S. Sections 30-11-
107, 30-15-401, 30-35-201/202, 41-4-101 .�t seq , as amended, Title
IV of the Pitkin County Code, as amended, and Section 8.7 of the
Pitkin County Aome Rule Charter, as amended; and
�
4. The Airline is in the process of requesting permission from ; •
the FAA to provide scheduled Airline service to and from the i '
Airport and permission from the County for access to and occupancy '
and use of Airport land areas, buildings and facilities; and ���'
�'
5. Tn anticipation and support of the provision of such Airline �'1 `
service, the parties desire to enter into a Construction License s, -
for the temporary, limited occupancy and use of the Airport by the � � �t -
; Airline to prepare to provida such service.
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AGREEME2IT ?,�- '`� .
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NOW, THEREFORE, in consideration of the mutual covenanta, terms '����'.,.�;
and conditions contained herein, the County and Airline do mutually
undertake and agree as follows:
1. EXHZBITS: All exhibits attached hexeto and/or referred-to i�:=,%. .
herein are incorporated herein in their entirety by those ``-
references or this reference. �' �r`
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2. LICENSE OF PREMISES: The County hereby grants to Airline, and
Airline hereby accepts, the right to occupy and use certain Airport � `
land areas, buildings and facilities described hereinbelow (the
"Premises"), and depicted on Exhibit "A-1" (Terminal Facility .
Plan), subject to the terms and conditions of this Construction .
License, as follows:
Nff.
a. Airline Terminal (see Exhibit A-1) :
1) Departure/Ticketing Area ( 399 s.f.? :
_ a) Ticketing Counter, Administration, Passenger Ser-
vice and Signage Areas: Positions 5 �'
b) Administration and Operations Areas: C2•D2
c) Administration Office: _ �
d) Baggage Makeup Area: _ ����
e) Passenger Ticketing Queuing Area: _
. �
i 2) Central Passenger Services Area:
a) Secured Passenger Holdroom/BOarding Area:
(1) Boarding gate door: _�
(2) Passenger service podium: �_
3? Azrivals/Baggage Claim Area (7500 s.f.) •
a} Baggage Cart Unloading Area: _
b} Arrival Baggage Carousel and Area: _
4) Security Identification Display Area {"SIDA")
a) Aircraft Staging Space: _ and •
appurtenant ramp/apron areas �
i b) Baggage/Freight and Equipment Staging Area: _
� c) Ground Service Equipment Staging Area: _ '
�
b. Common Areas: non-exclusive areas designated as "common `
areas" in and around the Terminal consisting of: _
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1) Motox vehicle access roads; • . �„
Z) Motor vehicle parking lots (public and employee); ;•�;• • _�.
. 3) Curb (for passenger/baggage loading/unloading) ; • ': •
4) Paved sidewa].k/passenger loading/unloading areas;
5) Pedestrian accessways, doors and vestibules;
6) Corridors/ramps; ��..'ay
7) Lobbies/passenger waiting areas;
e) PubliC restrooms; "�"4�
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9) Exterior landscaped/seating areas. � ��
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c, Easements. �.: •
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1) Airline is granted certain non-exclusive easements, to
be determined by the Airport, to install Elight information !�r
display system (FIDs) cabinets in designated Common Areas.
2) Airline is granted such non-exclusive easements for
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access to and from the Premises, as designated by the County '�
and as are reasonably necessary, in the discretion of the ��,
� ' County, for the safe and ef£icient use o£ the Premises.
3} County reserves such non-excl.usive easements in, on and
• through the Premises for use by County or other Airport
� Lessees, Licensees or Permittees ("LLPs"), as designated by ;,^�`
the County and as are reasonably necessary, in the discretion !
• of the County, for safe and efficient Airport operation.
Pursuant hereto, the County hereby reserves, for use by all
Airlines, easements to use the south door behind the �,
ticketi-ng counter and to cross all Operations Ar.eas and
Bagrooms, to tzansport oversize baggage items that wi1Z not
safeZy travel on the ticketing/departure baggage conveyor to
- the conveyor belt between Bagrooms E and F.
�
d. F.mp]oyee Parkina Lot. The non-exclusive xight to use the {
emplayee parking lot, in common with other LLPs of its
classification, subject to fees, requirements and regulations as
are or may be established for LLPS and/or classifications of , .
LLPs by the Airport parking operator.
e. Acceptance of Premises. Airline acknowledges that Airline �,
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has inspected (or has had the opportunity to inspect) the �
Premises and agrees that the Premises are accepted and will be �
occupied and used hereunder on an "as is" basis. � ' ��--
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f. Additional Premises and/or Uses. If, during the term of `�
this License, additional Premises 3re made available for ��
occupancy and use by Airline, or additional uses o£ the Premises �,�+. ,
are permitted, Airline and County shall, prior to such occupancy
and use, negotiate in good faith and agree on the fees and
charges to be paid by Airline for such additional occupancy : .
and/or use. '`''`"
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3. FIXTURES AND EQUIPMENT: The County hereby grants to Airline, �` .
and Airline hereby accepts, the right to use certain Airport-owned ,
? trade fixtures and equipment, subject to the terms and conditions �
of this Construction License, identified as follows: � �
;
' a. Airline Terminal (see Exhibit A-1) : ��
� 1) Departure/Ticketing Area: °
a) Ticketing counter areas: Positions 5
�
(1) Counter shells c
(2) Counter inserts �
t;
(3)
i (4) Baggage conveyor belt'
b} Baggage Makeup Area: �
' (1) Baggage conveyor belt and access doors °
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i2) Central Passenger Services Area ;'J,
� a? Secured Passenger Fioldroom/Boarding Area
�f (1) Passenger service podium: �
� I (a) Podium shell
;' (b) Podium insert ''
�
3) Arrivals/Baggage Claim Area
a) Baggage conveyor: _ and access doors
_ b) Ski/oversize baggage slide, and access doors
c) Three-tier baggage rack
4) Airline Terminal SIDA {See Exhibit A-1) :
a) Aircraft engine fire extinguisher (Ansul) '
b) Wheelchair lift
b. Common Areas: Existing vacant FIDs cabinets ��
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c. Additional Fixtures and Equipment. If, during the term of ;�'s� �.,
this License, additional fixtures and/or equipment are made ."��
available for use by Airline, Airline and County shall, prior to .y''��' "
such use, negotiate in good faith and agree on the fees and � ��','�
charges to be paid by Airline for the use of such additional �:�`
fixtures and/or equipment.
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4. USES PERMITTED: Airline shall use and occupy the Premises -'
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solely for the purpose of preparing the Premises to provide
scheduled commercial Airline service from and after such time as it '�'�' .
t;�
receives full, formal authorization to provide such service by all i�;.'
applicable governmental agencies including, without limitation, �
Pitkin County, Colorado, the Federal Aviation Administration and �'�' ''
the federal Department of Transportation. Airline acknowledges c�:'
that formal authorization by the County to provide scheduled �i-�`�
commercial airline service is subject to the County's Airline °j��
Terminal Access and Space Allocation Policy and that Airline has !r�
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not yet been qualified for full Airport access , occupancy and use � 'i'
under that policy. ��''
�
All additions, alterations and modifications of the premises, �
� fixtures and equipment described herein that are proposed by
Airline shall be done pursuant to Section ll.b., herein below.
This License is being granted at the request of Airline and as an
accommodation to Airline to minittiize the amount of time during a
high traffic season between the receipt of applicable governmental
" approvals and the commencement of service. Airline acknowledges
t
that the receipt of all such approvals is not a certainty and that
all sums expended by Airline hereunder are at its sole risk.
Further, in the event that another Airline qualifies under that !'
policy prior to this Airline, or that this Airline fails to acquire
' all such approvals or otherwise fails to commence service to the
Airport, this Airline agrees to remove, promptly and at its
expense, all additions, alterations and modifications made
hereunder, upon the demand therefor by County. 1
a
Any use of the Premises or activity conducted or allowed thereon or �,' '
therefrom not specifically required or permitted herein shall be
and hereby is prohibited, except as by separate prior written 1
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permission from the County.
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5. INITIAL TERM/ftENEWAL/HOLDOVER/TERMINATION: The term of this t
Conetruction License shall commence at 5:00 a.m., local time, '!y
January llth, 1996, and expire, without further notice from or act -
- by the County, at 11:00 p.m., local time, yTanuar� 31st, 1996, .' ��-.''
unless earlier renewed in writing or terminated.
a. If, by the expiration date of the initial term or any '
�`.. .
written renewals thereof, the parties have not agreed on the ; ^
terms and conditiona of a renewal, and the County consents to "'� �
continued occupancy and use of the Premises by Airline, such
occupancy and use shall be deemed to be week-to-week, upon the '
i terms and conditions herein, as amended, or upon such other '
�
terms and conditions as the parties may agree or the County, `
upon three (3) days notice, may require. �
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� b. This Construction License may be terminated for cause, upon
the default of either Party, as provided below. �
6. RENT, FEES AND CHP.RGES: In rent, fees and charges for the }
, described occupancy and use of the Premises, Airline shall pay,
. fully and timely and without deduction or set-off, as follows: �
a. $728.00, in advance, for the initial term hereof. ,
7. PAYMENTS: Installments of fees and charges as provided for �'�
herein shall be paid by Airline without deduction, set-off or
_ escrow of any kind whatsoever. Fees Eor any renewal terms shall be
due and payable in advance on the tirst day of each such term. '
All payments shall be considered delinquent if not received by the �
date due in the office of the Treasurer, 506 East Main Street,
Aspen, Colorado, 81611. All delinquent payments shall each bear
default interest on any unpaid and delinquent balance for any month
or portion of a month so delinquent at the rate of eighteen percent
(18%) per annum on the unpaid balance, compounded monthly; default
interest shall be due and payable without demand with the next
regular payment.
8. FINANCIAL SECURITY FOR AIRLINE OBLIGATIONS: Security for all •
' Airline obligations hereunder including, without limitation, the
required payments of rent, fees and charges, shall be as follows: �
a. Security Deposit. Airline shall deposit with the County �
the sum of $5,000 to secure Airline's obligations hereunder _
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including, without limitation, its obligation to return the
Premises in a condition acceptable to County. Within 60 days ' �1
after expiration or termination of this License and surrender of
, the Premiaes by the Airline, said amount, without interest, will ' .�'�.,.
be returned to Airline either: in full, if Airline has fully `
performed all of its obligations hereunder; or as reduced by
such amounts as are necessary, in the reasonable discretion of
the County, to reimburse or compensate the County for any �' ���
. deficiencies by Airline in the fu11 performance of its obliga- ''='r�y":
: tions hereunder. Prior to the application of funda to that
purpose, County will provide notice to Airline and an oppor- � -
tunity to cure its per£ormance of any unfulfilled obligations � •
hereunder; and, after such application of funds, the County will
provide an accounting thereof.
b: Lien on FFEI. In the event of any delinguent rent, fees ;
and charges hereunder, and to the extent thereof, including late �'
charges and interest, the Airport shall be entitled to a lien �r
for such amounts on Airline's trade fixtures, furniture, equip-
ment and inventory in use at or located at the Airport. �'
9. RESERVATIONS: The reserved rights of Pitkin County with
respect to Airline's occupancy and use of the Premises are set �
forth in Exhibit "1." �
�'�
' 10. REQUIREMENTS OF AIRLINE: In consideration for the mutual
terms, conditions and covenants herein, Airline shall, for the term
� ' of this License, unless released in a writing approved by the
�
County, comply with the following obligations:
�
a. Physical Security Requirements for the Premises. Tn the p
avent that an FAA enforcement action is commenced against the �
Airport concerning the acts or omissions of Airline, including i�
its officers, employees, representatives, contractors and invi- �
tees, Airline will be notified of such proceedings and provided j
an opportunity to participate in such proceedings. In the event `'
I
that the Airport is assessed a fine or penalty by the FAA for
breach of security regulations as a result of the acts or omis- � .
i
sions of Lessee or any of its assigns, officers, agents, repre- i
sentatives, contractors, or invitees, Lessee shall reimburse y�
County promptly the full amount of any such fine or penalty. F
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b. Cleaning, Maintenance and Repair of Premises, and Mainten-
ance, Repair and Replacement of Fixtures and Equipment. f `'•
Airline, at its expense and at all times hereunder, shall clean
� ,.�y
and/or keep and maintain all Airport areas, buildings and .. +._,.
facilities occupied or used by Airline hereunder and all i ;
fixtures and equipment thereon in good order and condition. ! ; .
k �
Airline also shall not cause or allow any unkept or disorderly
condition upon or damage to other areas of the Airport Terminal
interior, exterior, SIDA, AOA or groundside.
c. Utilities. Airline, with the exception of heat, water, .
trash removal and electricity, shall at its sole expense, �,-,
contract for the provision of all gas, telephone service, and
all other utilities used on or about its Premises. Airline f�'
shall not permit any lien for unpaid utility use or services to '
be fi2ed or maintained. "
� �.
d. Taxes. Airline shall timely and fully pay all business •
personal property taxes and other taxes lawfulZy assessed �'
against Airline by reason of its use and occupancy of Premises.
_ �
e. Trademarks/Trade Names. Airline represents that it is (and
t
will be for the entire term hereof) the owner of or fully '
authorized to use any and all trademarks, tradenames, logos, a=
names, slogans, copyrighted material, patents, services,
processes, machines, or articlea to be used by its in its
- � operations under or in any way connected with this Agreement.
� 11. RESTRICTIONS ON AIRLINE:
a. Signs. Airline shall not place any signs upon the
Premises, except of such size, type, design and structure as '
- shall have received the prior, written approval of County. !
b. Additions/Alterations/Modifications. airline shall not i
undertake or permit any additions, a].terations or modifications
to the Premises without the prior, express written permission ' '
from the County, which permission, if given, shall include the
following elements:
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1) Identification of the scope and responsibility for any ,
land-use or building permits required for the proposed +,
additions/alterations/modifications;
• '�
2) Approval by County of proposed drawings and specifica-
tions including, without limitation, requirements for pro-
fessional certification stamps for any architectural/engin-
eering portions of the additions/alterations/modifications;
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1
3) Reasonable approval by County of proposed contractors; '
4) A proposed construction schedule and a p1an, and '
i responsibility foz administration and costs of such plan, for
j the maintenance of operations and required security
procedures during any construction period including, without
� limitation, the effect of such construction on the operations
� of the Airport in general and the operations of other ��
` Airlines and Airport LLPs. �
i
S) Provision for any agreed-upon adjustment of terms and ��
conditions of this Lease and Use Permit; !
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6) Provision for the amortization and future ownership o£ �
the additions/alterations/modifications; y,..
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7) Provision for return of the Premises to original
condition at end of the term hereof including any adjustments
� to the Security Deposit hereunder.
c. Liens/Claims. In connection with its occupancy and use of
i the Premises, AirZine sha1Z not cause or permit any liens or �
` claims against Airport property to be filed, recarded, main-
i
� tained, foreclosed upon or otherwise enforced and does hereby q
� expressly indemni£y the County against any liabilities, costs or @.
fees, including reasonable attorneys fees, relating thereto. �
d. Assignment. Airline shall not assign or in any manner j
grant, convey, transfer or encumber this License, any estate or ; ' •
interest therein, ox any right or obligation of Airline here-
under, or sublicense the Premises or any part thereof, without
�'
the prior written consent of County. 1
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12. INDEMNITY AND INSURANCE: • ,�
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a. Airline Obligations. Airline shall release, discharge, • ',,•
indemnify and hold harmless the County of Pitkin and its
ofEicials, employees, agents and representatives from and
against liability, loss, damages, penalty, judgment, expenses, i,�..
costs (including costs of investigation and defense) , fees �� '��
(includin reasonable attorne and e "" ,'`
5 y xpert witness fees) or � ,r.�
compensation in any form or kind whatsoever as a result of any
demand, lien, notice of claim, claim, lawsuit or other legal ! '' -' •
proceeding to cause or establish liability for any loss, {: -
property damage, bodily injury, personal injury or death arising
out of or in connection with any act, error or omission by
Airline, or for any resulting liability alleged to accrue
against the County on account of such acts, errors or omissions ;
�.
by Airline; provided, however, that such indemnity shall not be '
construed as an indemnit for bodil in ur t'r
y y j y, personal injury, {"
death or property damage arising from the negiigence or wilfully {1._
wrongful acts of the County or its officials, employees, agents, ' �
or representatives. �
Further, Airline further shall investigate, process, respond to, �
adjust, provide defense for and defend, pay or settle all r.
claims, demands, or lawsuits related to its acts, errors and ��
omissions hereunder at its sole expense and shall bear all other
� ; costs and expenses related thereto, even if the claim, demand or
lawsuit is groundless, false or fraudulent_
� To fund this indemnit
j y, in whole or in part, Airline shall
t secure and maintain for the term of this Lease such insurance
+ policies, from companies licensed in the State of Colorado, as
� will protect itself, the County (with the County named as `
ad@itional insured) and others as specified, from claims for �
bodily iniuries, death, personal i.njury or property damaQe,
which may arise out ot or resuiC trom Airline acLS, errors or �
omissions.
The required Airline insurance coverages, at or above the limits
indicated and including such endorsements as are indicated by an �,
"X", are listed on Exhibit "2." �
13. COORDINATION WITH OTHER AIRPORT LESSEES, LICENSEES AND
i�
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PERMITTEES (LLPs) . AirZine acknowledge that the County has rights ',.
and obligations arising from various third-party agreements with i,
other Airport users. Airline agrees to'cooperate with County to
effectuate these third-party agreements, so long as such agreements ' i'.�•
are not illegal, impossible or do not unreasonably interfere with "
or impair Airport operations.
14. COMPLIANCE WITH APPLICABLE REGULATIONS: As provided in
Exhibit "3." `r.�
15. DEFAULT/TERMINATION: The standards and procedure for • �
declaration of default and termination of rights hereunder shall be
as follows:
t '
a. The following events are to be considered Incidents of
Default hereunder: �
1) Failure to make full and timely payment of rent, fees
or charges due and payable hereunder; or
i
• i 2) The creation, maintenance, failure to correct ox suffer-
ance of a dangezous or hazardous condition on or emanating
from the Premises; or
i
� 3) Failure to provide and maintain current all required �`
types and amounts of insurance and proof thereof; or
4) Making ar becoming subject to a voluntary or involuntaxy
petition for receivership or bankruptcy, declaration of
insolvency or assignment for the benefit of creditors; or
5) Failure to comply with any material obligation under
this License.
b. Notice of Default/Right to Cure. The aggrieved party shall
declare a default hereunder by delivering a written Notice of
Default to the other party, which Notice shall specify the
Incident(s) of Default asserted and a specific cure therefor. .
After the effective date of such Notice, the time periods for
cure shall be:
1) Within three (3) business days if the default is failure
to pay rent, fees and charges when due, maintenance of a
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hazardous condition, or failure to maintain and/or prove �.
required insurance coverage(s); or �.�
2) Within ten (10) calendar days if the default is in the '• ''•�'
performance of any other obligation to be performed or condi-
tion under the provisions of this License.
c. Notice of Termination/Right to Re-enter. If such noticed
default(s) shall remain uncured after the cure period apecified, ;r'
the aggrieved party may thereafter terminate this License by ;
delivery of written Notice of Termination to the defaulting � � "
party, which Notice shall be effective on the date delivered to '
, the defaulting party. Upon termination of this Lease, County
may re-enter the Premises and remove all persons and property ,
therefrom, using all necessary force to do so.
i
d. R�nedy Not Exclusive. The parties shall have such other
rights and remedies as may be provided for by law or in equity,
� including damages. •
i
". 16. SURRENDER: Upon the expiration or termination of the initial
term or any renewal term hereof, Airline: agrees to peaceably
i surrender, deliver to County and leave the Premises; hereby waives
any rights to statutory process concerning notice and eviction, ,,
' agrees to remove all trade fixtures, personal property, equipment �
� or improvements (removable by prior written agreement with the
County) from the Premises, subject to the County's lien for delin-
quent fees and charges and Airline's obligation to repair the
Premises; and agrees to return the Premises to County in a
condition at least equal to that in which the Premises were
received at the commencement of this License, undamaged, trash-free
and braom-clean.
Any trade fixtures, equipment, personal property or improvements of
Airline, or any person claiming through Airline, that shall remain
in or on the Premises at the expiration or termination hereof,
shall be deemed by the County to have been abandoned and may, in
the County's sole option and discretion, be taken into the posses- � .
sion of County and either: converted to County property; or
disposed of, with expense of disposal to be charged to Airline. .
17. NOTICES: Except as expressly provided above, all Notices ,.
required or authorized to be given hereunder shall be in writing !
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, and shall be served upon the party addressed thereto either by ,�.
certified mail, return receipt requested, to such party at the :��
address appearing below (or at such othe'r address as either party
gives Notice to the other party in writing) . Any such Notice shall �•''•,
be deemed to have been delivered/received two (2) businesa days
after the same has been properly deposited in the United States
mail, with postage thereon fully prepaid. `-
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�' '�:
18. GENERAI, PROVISIONS: `;Y` �
a. This License contains the entire agreement of the parties �, �-
h�
� and there have been no promises, representations or agreements, ' •
� either express or implied, except as expressly set forth herein_
iAny and all prior agreements or understandings between the
parties are expressly agreed to have merged herein. fn
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b. This License may be modified, amended or supplemented only �
by an instrument in writing signed by the parties hereto and �'
! approved by the Board of County Commissioners at a duly-noticed '
F;
i public meeting.
i
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- ; c. If either party hereto shall incur legal fees, expenses or
; costs and/or shall commence legal action or institute legal ,
; proceedings to interpret, protect or enforce any of the rights, k
� remedies or responsibilities set forth hereunder, then the party �
fprevailing in such legal action or proceedings shall be entitled
� to recover all of its expenses, costs and fees in connection �
- I therewith, including its reasonable attorneys fees.
• �i
d. This License shall be governed by and construed in accord- .
, ance with the laws of the State of Colorado and venue is agreed
to be exclusively in the courts of Pitkin County, Colorado.
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TN WITNESS WHEREOF, the parties have -executed this License as � .
-..�',.� -,�.
indicated below. , ' �
!=�`_
,�]'TKTN COL�TTY. COIARAT,O: AIRLINE:
. -.�'J.-�:.��.�f
THE BOARD OF COUNTY COMMISSIONERS •
OF PITKIN COUNTY, COLORADO 'f'���7. ��
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By: $Y� �'• : :
Chair (Date) its President (Date) iy: :::
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,' ATTEST: ATTEST: �,
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Pitkin County Clerk (Date) Corporate Secretary (Date) {SEAL} ��`
MAILING ADDRESS (for Notices) : MAILING ADDRESS (for Notices) : ;,
Director of Aviation
! 0233 E. Airport Road `'`
� ' Aspen, Colorado 81611
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i With copies to: .i�
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j County Manager
�I Pitkin County Courthouse Annex
i 530 East Main St., Third Floor
� Aspen, Colorado 81611 .
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and �
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County Attorney .; •
Pitkin County Courthouse Annex
530 East Main St., Third Floor }
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Aspen, Colorado 8167.1 �
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MANAGER'S APPROVAL:
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Suz n e Kon an )'I`':
Coun y Mana er
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RECOMMEI3DED FOR APPROVAL: t �
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Scott Smith, A.A.E. ��;.`.
Director of Aviation i� -
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APPROVED AS TO FORM: �`��:
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iJohn Ely, Esq. *'
! County Att ey
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f G ry S. E a y� 4 . .�-.
A rport Sp ial Counsel
. �
APPROVED AS TO BUDGET:
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j Tom Oken �' '
� Administrative Services Director ,:r
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(Exhibit.01) , h.�'�':�fi� :
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. (Issued 4/1/95} ,•��� :�•�:};.
EXHIBIT nln .` ��,. �
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Aspen/Pitkin County Airport �.,
Construction License ;,�• ,� •'.
. :,,
RESERVED RIGHTS oF PITKIN COUNTY: County reserves the following �_"�.:
rights with respect to the Airport and to the occupancy thereof and
the uses, operations and activities to be conducted Chereon by ,'�°`
y;;•'.:,
Lessee, Licensee or Permittee ("LLP") :
: , r•
1. County reserves the right to unimpeded access over and across �%��'' '
the land areas of the Premises; provided, that County shal7. not, in � "
the exercise of this reserved right, unreasonably interfere with or '
impair LLP's rights hereunder or LLP's use or operation of such ,.�
areas. County also reserves the right to enter into the buildings �.•.
and other improvements of the Premises, including Exclusive Use �' ��
areas, at times and in a manner reasonable to the circumstances of 1�:
each entry, for the purpose of inspecting the Premises, enforcing ,�r
any of County's rights hereunder, preventing waste or loss, or �y•
responding to emergencies. ' '
I, :
- 2. County reserves, for the use and benefit of the public, the
right of flight foz the passage of aircraft in the air space above
the surface of the Premises, together with the right to cause in ;
said air space such noise as may be inherent in the operation of
aircraft utilizing the Airport.
'
- 3. County reserves the right to protect the aerial approaches of
the Airport against obstruction, including the right to prohibit
LLP from erecting, or permitting to be erected, any building or ,c„
okher structure on the Premises which would, in the reasonable
judgment of the County, constitute a hazard to aviation. �
4. County reserves the right, during the time af war or national
emergency, to lease the Airport or any part thereof, including the
Premises or any part thereof, to the United States Government for
military purposes, and, in the event of such lease to the United �
States for military purposes, the provisions of this Lease shall be: ,
suspended insofar as such provisions may be inconsistent with the �� •
provisions of the lease to the IInited States.
�'<
5. Countyreserves the right to direct all activities of LLP at �
the Airport in the event of an emergency, subjecC to the rules, �:�i �
regulations and required procedures established by the FAA and/or �};
. the National Transportation Safety Soard (NTSB) . � --
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6. County reserves the right to subordinate the provisions of �''��• �
this Lease to the provisions of any future Agreement between the ;'�''�}
County and the United States Government relative to the operation,
maintenance or development of the Airport which Agreement may be `�.
required as a condition precedent to the expenditure of Federal ~%
Funds for the development, maintenance or operation of the Airport ,.?, ,
and, if such an Agreement is entered into between the County and
the United States Government, the parties agree to execute an
amendment to this Lease/License/Permit so as to remove any material
inconsistencies between this document and any Agreement with the
United States Government. Furthermore, in the event that by reason ;.��
of any such Agreement with the United States Government as
aforesaid, it becomes necessary to modify, relocate or remove any , .
improvements or other structures situated on the Premises, LLP
agrees to modify, re].ocate or remove any such improvements or
structures as directed by County and County shall compensate and
� reimburse LLP for reasonable damages, costs and expenses (including
modification, removal or relocation costs) suffered or incurred by
LLP in consequence thereof.
7. County reserves the right to grant other leases, licenses,
permits or rights to occupancy or use of the Airport so long as
such other grants do not unreasonably interfere wiCh or impair
• LLP's rights hereunder or LLP's occupancy or use of the Premises,
and also reserves the right to direct changes in the way LLP con-
ducts its Airport operations in the event that County determines,
in the exercise oE its reasonable discretion, that one or more �
aspects of iLP's method of operation is unreasonably interfering
with the lawful and proper occupancy or use by others of the
- Airport. The County represents that this right wi11 be exercised
i pursuant to its Airport management policy to treat all LLPs within
ieach operator classification as equally as is practicable.
� 8. County reserves the right to maintain, repair, redevelop, �
further develop and/or improve the Airport, including the Premises, -
as County deems appropriate, without interference or hindrance by
LLP, and County shall have no liability hereunder or otherwise to
LLP by reason of any interruption to LLP's operations on the
Premises occasioned by such development and/or improvement of the
Airport. Prior to any proposed County project that materially '
affects the operations of any LLP, the County sha11 inform the LLP �
of such project, shall consult with the LLP concerning such project
and shall attempt to minimize disruption to the operations of LLP
caused by the consCruction or completed operation of such project. �
If LLP shall be unable to conduct reasonably normal business opera-
tions on the Premises by reason of any such project, then rent and i .
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other fees payable by LLP hereunder shall be subject to Equitable �,.-'�ah�°
Ad'ustment durin the `^��`•
J g period of such interruption. ��'`:�;�,g�.
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9. County reserves the right from time to time to amend Title IV �:;.� .,
(Airport Reguletions} of the Pitkin County Code, in accordance with �� � K�
normal Code amendment procedures, and LLP shall be subject thereto, _r�`,.��';-�
• provided that no such amendments shall unreasonably interfere with �4 ;''.�-
: or impair LLP's rights hereunder or LLP's use or operation of the �
Premises as herein described.
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COPY OF THIS EXHIBIT RECEIVED BY LLP:
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(Exhibit .02) ;����• .
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EXHIBIT nyn •
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Aspen/Pitkin County Airport
Conetruction Licenae
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COUNTY MINIMUM INSURANCE REQUIREMENTS OF AIRLINES: '�`,'�
�;�':.
1. Forms, limits, deductibles and endorsements. "
�;,'^`"-
. a. Statutory Worker's Compensation: •
1) Colorado statutory minimums
b. Commercial General Liability: �Y'
1) Bodily Injury/Property Damage, �., �
Combined Single Limit: $1,000,000. ''-
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� 2) Maximum Deductible: $1,000 � <,:
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3) Endorsements: :
x Comprehensive Form (All risks) ��
�_ Premises/Operations 4�
_� Underground, Explosion & Collapse Hazard r�
x Products/Completed Operations
_�. Broad Form Blank Contractual (Hold Harmless -��
Coverage)
� Independent Contractors and Subcontractors
, . _� Broad Form Property Damage <
�_ Personal Injury, with Employment Exclusion
Deleted �
' x Pollution and Environmental Hazard
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c. Fire and Casualty Insurance
1) Building Contents i
a) Limits: Replacement Value �
2) Business Interruption Insurance �r .
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d. Comprehensive Motor Vehicle Liability Insurance ,�..
1) Bodily Injury/Property Damage; �(`
Combined Single Limit: $S,000,000 *;j
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2) Maximum Deductible: $10,000 ' ' '
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3) Endorsements: �^
_� Any Auto 5,.:�
�_ All Owned Autos
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e. Special Coverages (limits, conditions, deductibles and `�.
endorsements to be determined by separate agreements of County ��
and LLP) : .'..'�
' �_ (a) Any coverage required by LLP's lenders
(b) Performance and Payment Bond
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2. Certificates of Insurance. To provide evidence of the '~
required insurance coverages, copies of Certificates of Insurance ��,;�,.�.`,
in a form acceptable to the County shall be filed with the County
(through the Director of Aviation) no later than ten (10) calendar „ .
days prior to commencement of operations at, to or from the Airport ,
or prior to the expiration of any underlying policy or any Certiti-
�:
cate on file at the Airport. Failure to file or maintain accept-
able Certificates o£ Insurance with the County is agreed to be a �
material breach of any lease, license or permit and grounds for -
termination thereof. r
3
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These Certificates of Insurance shall contain a provision that :
;
coverage afforded under the policies will not be cancelled or
materially altered unless at least thirty (30) calendar days prior
- written notice by certified mail, return receipt requested
(effective upon proper mailing) , has been sent to the County
(through the Director of Aviation) . (For purposes of this •
provision, ��materially alter° shall mean a change affecting the
coverages required herein, including a change to policy limits as ��F�
set out in the then-current policy declarations page.)
. 1
� Simultaneously with the Certificates, the LLP shall file and update
� as necessary a certified statement as to nlaims pending against �
required coverages, reserves established on account of such claims,
defense costs e�cpended and amounts remaining within policy limits
to provide required coverage. County reserves the right to require
the minimum coverages on a net effective basis, ��., limits not
reduced by claims or encumbered by reserves.
Certificates of Insurance provided by the LLP hereunder shall
specify that the covered premises and operations shall be "all
occupancy and use of the Aspen/8itkin County Airport by the insured
party."
3. The policies provided by the LLP shall be deemed to be primary
to any policies held by or covering the County for the same areas _
or operations. The insurance companies issuing the LLP's policy or , _
policies shall have no recourse against the County of Pitkin for �
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payment of any premiums or for assessments under any form of ,_��,�?�
policy. All deductibles in the above-described insurance policies '"..
� shall be paid by the LLP. ��,,
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COPY OF THIS EXAISIT RECEIVED BY LLP: -~
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(Exhibit.3)
' (Issued 4/1/95) .�.
EXHIBIT "3° i
Aapen/Pitkin County Airport � '- '�,,•
Conatruction License
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COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS: in connection �:'�
with its occupancy and use of the Premises and the conduct of `:�' �
operations thereon and therefrom, Airline shall: ���� `
. i:: �. '
1. Fully comply with all applicable laws, rules and regulations, �;; `
as such now exist or hereafter may be amended or promulgated, of
the United States of America (including, especially, the Federal
Aviation Administration), the State of Colorado, and the County of �
Pitkin, and all departments and agencies thereof. The present
adopted County Codes, plana, rules and regulations, are as follows: ��;'
;c:�
. a. Pitkin County Code, including especially Title 2I (Land-
Use Code) , and Title IV (Airport Regulations) .
b. Airport Security, Operations and Emergency Plans.
c.
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' 2. Not discriminate against any person or class of persons by
reason of race, color, creed, religion or national origin in
providing any services or in the use of any facilities provided for
� the public in any manner prohibited by Part 21 of the Regulations i.�
of the Office of the Secretary of Transportation, and shall comply
with the letter and spirit of the Colorado Anti-Discrimination Act �;
of 1957, as amended, and any other laws and regulations respecting
discrimiiration in unfair employment practices, and shall comply
with such enforcement procedures as any governmental authority
might demand that the County take for the purpose of complying with
any such laws and regulations. 'i
3. Fully comply, in the general operation of its business, with , •
all applicable standards and compliance dates issued under or �
stated in the Americans with Disabilities Act ("ADA") . Airline �::
shall be responsible for structural compliance standards as defined �'i;
under ADA Title III within its Exclusive Use, Preferential Use and �;j .
Shared Exclusive Use Areas only. � �' '_
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COPY OF THIS EXHIBIT RECEIVED BY LLP: �'
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