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�� LTCENSE AGREEMENT �
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CA 70(82) �
�k,� THIS AGREEMENT mac�e and entered into this Z� day of �
"� r�`"''�'�� , 1982, by and between the BOARD OF COUNTY �
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�` COMMISSI�NERS OF PITRIN C�DNTY, COLORADO, being the governing
;�; body o£ the Pitkin County Airport (Sardy Field) (hereinafter � �
�' referred to as "County") and THE ESTATE OF JOHN V. SPACHNER
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�r and THE WALTER P. PAEPCKE LIFE INSURANCE TRUST (hereinafter '
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` collectively referred to as "Trust") is upon the following �
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terms and conditions:
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' ��� WITNESSETH: �
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� WHEREAS, the County is the owner, sponsor, and operator of
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the Pitkin County Airport (Sardy Field), located in Pitkin County ;.
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near Aspen, Colorado (hereinafter referred to as the "Airport"1, �
which air ���
port is a public airport subject to FAA rules and -
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regulations, and ti;
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WEiEREAS, the Trust is the owner of certain real property �;�'
� (described or depicted on Exhibit A hereto) across State Highway 82 ��
' from the North end of Runway 33 at said Airport ("Property"), and {s
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� WHEREAS, certain trees are located upon the Property of the :
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j Trust .referred to above, which tzees are of a height in excess ;;.� �
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of that permitted by FAA regulations, and 'r�
WHEREAS, arrangements have been made between the parties for
the trimQning of said trees in order to comply with FAA regulations, `r'::.;,
NO`�3, T:?EREFOFF', £cr anfl in ccn�iderztier. o'_ the mutn�l
promises, covenants and agreements contained herein, the County
and Trust agree as follows:
1. Grant of Limited License. The Trust hereby grants to
the County, for the exclusive use of its agents, emoloyees and
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independent contractors, a non-exclusive limited license to enter
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� onto the Property of the Trust referred to above, for the sole ;
purpose o£ tzimming the tops of trees on said ;
property to the
� extent required pursvant to the provisions of para ra h 2 't��'�.
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� hereof. � �
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2. Exercise of Limited License. The license hereby
� granted shall be ex2rcised aaly upon tne following terms and I
�
iconditions: y
„
� a. The County shall trim only such trees as are
� necessary to comply with FAA Obstruction Standards con-
d.
� tained in F.A.R. Part 77 - Objects Affecting Navigable
Airspace.
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� � b. The County shali only trim as �uuch off the top •
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� of said trees as is necessary to comply with FAA Obstruction
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�j Standards (as set out abave), and in no event shall the
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County trim the top of said trees leaving a reinaining
tree height of less than 25 feet.
''� c. The County shall secure the services of a licensed
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s� and/or professional tree trimming firm for the purpose of -
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trimming said trees, and the full cost of said trimming
services and the removal of tri�trtnings and debris resulting �
therefrom shall be borne and paid for by the County. �
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The County shall have the right to enter upon the Property to l
exercise the riqhts granted under this license only at such time "
and from time to time as the County reasonably deems necessary. '�
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3. Term. This Agreement shall remain in full force and
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effect as long as any trees remain on the Property capab].e of �:
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infringing upon the Aviqation Airspace Envelope of the Airpost ��"
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as defiaed now or hereaPter by the FAA, r•" �
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4. Indemnification. The County agrees to indemnify and ;�
save harmless the Trust and its officers, agents, employees,
successors and assigns from and against any and alI claims � �
�
for damage to person or property resulting from any action �
or omission by the County in the entry upon the Praperty
by the County or the exercise of ahy rights qranted to the
County pursuant to the license herein granted, j
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� � 5. Ap licable Law and Enforcement. This contract is
K`a ntered into 'n P'tkin Count Colorado and therefore it
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�'z shall be construed under the laws of the State of Colorado.
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�., The proper venue fcr any court action as to the enforcement �%'
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or interpretation of this Agreement shall be Pitkin County, '
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��a� Colorado. In the event that any suit is brought for the pur-
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�;. poses of interpretation or enforcement of this Agreement, the
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��;� prevailing party in such action shall be allowed its reasonable I ..
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�� attorney's fees.
�!r` 6. Senefit. Upon execution hereof, this Agreement shall
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� become a contract between the parties, and shall benefit and �
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�Y, burden the heirs, personal representatives, successors, and
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`- assigns of the parties.
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�` 7. Miscellaneous. Neither party shall record this Agree-
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ment or a Mesnorandum hereof. It is specifically understood and
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'� ��=;� aqreed by the County that the granting of the license hereunder
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' ���`'� grants no property right or interest in the Property to the `
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, e. County. T
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BOARD OF COUNTSCiCOI�S�SSIO E ''s,
'i =,s� AT . COU , L�ORADO 's
'�;: $y i/ By `4 � � ��
� • Lewis Scanlan � e en K lin erud
r:'<� Deputy Clerk and Recorder Chai man
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;'�,�°.,"„ APPROVED AS TO FORM:
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�;�' Wes A. Li t 's
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�-�` Co y Atto ey
�4� TfiE WALTER P. P �IC
R; E LIFE INSURANCE TRUST
:c THE ESTATE OF JOHN B. ' '`� �
x� SPACHNER � �1' � �
'�'= Eliz beth H. Paepc , as Trustee of The
�;t;" �. .--Wait,er P. Paepc e ife Insurance Trust
�•r. By
�; American National Bank C
>'�'. and Trust Company of ��
Ci�icago Peter Nitze, as Trustee f The Walter P.
Paepcke Li�e Insurance Trust �.
� r�"' O�
Step en MeR. DuBrul, Jr., as Trustee
of The Walter P. Paepcke Life Insurance
Trust
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