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Home My WebLink Aboutbocc.con.006.1981 '.+_;., l �'- `j p ' � Y�;� S i�` - . . l . r.. .. . .,.. ._ . f� �Q'��it1ta��r`/i+-J�w.:..��dJ.rr'r.r4�':in?r..-.'.z,.....i .r. -� :, �,�.�F.: ..-.�.�•,.a-....z.:_..�xrar�'+.._,.:,..-....-.,......I..�..�......_"_.-.-..."'_'__.:.�.. 1 ��,g��r��: � r��rv�'' � R~�S�� . ��,=`.;" . US� �GA�Is'M�NT �-`� ' CA 6(81) THIS AGR�EMENT, made and entered into this 26 day of JANOARY - , 1981 , by and between THE BOARD OF COUNTY ; — a COMMISStpidERS OF PITKIN COUNTY, COLORADO, being the owner and � . Y. operatoi of the Aspen/Pitkin County lSardy Field} Airport, here- ; . inafter referred to as "Lessor", Party. of the First Part, and ` �7 /' � f//� !�/'- 5. � � �T�r%7G �_a�'�p/�-�1bN � • hereinafter referred to as "Lessee", Party of the Second Part: � W I T N E S S E T Ii: . �<' /', • WHEREAS, the Lessor is the awner, sponsor and operator { of the Aspen/Pitkin County (Sardy Field) Airport, a public aizport � located in Pitkin County in the vicinity of Aspen, Colorado, � � '' . (hereinafter someti.mes referred to as the "Airport") and at which g, �r C' '� " it does make available Public Airfield Facilities; and �,;� . � �J f`� WHEREAS, Lessee, in addition to other services, intends ' Y to operate non-scheduled air passenger service and wishes to use `h the Public Airfield Facilities to operate same; and ' �.� WHEREAS, arrangements have been made between the Lessor • for the use by the Lessee of the Public Airfield Facilities, provided ;7: i sqch use shall be subject to certain limitations; �� '? . •\. ;r NOW, THEREFORE, for and in consideration of the mutual �a �;' covenants and aqreements herein contained, the Lessor and Lessee • i �i do hereby mutually undextake, promise and agree, each for itself and its successors and assigns, as follows: + 2 . I1 � . �; ' ' ' + !' ;b ' � iI -1� �� F �.(=. ` , 4�� , � „.<::; � . ...k :�.-,::.a - . i �, ;'2`j �r h „< �r;5:. " � � � � �� ' �5�r.4x,�.=..^"�':'.�'K�.•.7irfx3.:id�L'1`_°a:�r.4..-...:."r:.... �s+T.:-.�:: .:.�.:�._ . �._ta;+:...,.�.��ie„�.�::t��::�t�r�.;..ur,._.r_..t�4;::::��:%c°.=:..:a:r,.s.^::L�v�m— v �- 1 1 pr � �in �� -Y1 � f � � �(.�' "' �. ro�s<_:::. �' �r'.;`r� _. e PART I i PUBLIC AIRFIELD FACILZTIES ' • s . i - �' 1.01 "PUblic Piirfield Facilities" Defined. • � '• i As used herein, the phrase "Public Airfield Facilities" f " (also referred to as 'Public Aircra£t Facilities") shall mean ; f. �"� � �;. (a) Runways . . i, (b) Taxiways (c) Passenger ramp and apron areas (other than the • I . ramp or apron areas to or £or which the Lessor � has previously, or by this agreement, or may ,. � --- from time to time lease, assign or grant ex- �` i' t � � clusive use) � % (d) Any extensions o£ additions to the above and � � any other space or facilities provided by the � Lessor at the airport for gublic and common k use by'aircraft operators in connection with is the landing and 'taking-off of aircraft, or in � connection with operations hereinafter authorized to be performed by aircraf:. operators upon the q,• aforesaid runways, taxiways and public passenger ramp and apron areas; but only as and to the Ex extent that they are from time to time provided by the County at the airport for public and x common use by the aircraft operators. l � . � � �_ • � i -2- . � � - I i � 1 ' t � V � �?q' r 'n�_: . • 1��x'�'� ��{ , . } ��a�`• ~� °:;� f �' ,''�I �.. , ..Y'.y`qlln .�.r_.n�.�r-..�..u...u, y.c.e.._..�.�. .. ..._. ..... - ._.. ..:A:... .. s:.:.i S'en.n:.4�1.iiTl'�r(��::J�.,n'iY{4_�h-n:+h. .. .. _.J'i.b �{'n��. . �;.�. r� ......�.. �4{^�� . �� `[�1.:.'. ±� . �:59a�� -� K,� 1.02 Public Airfi.eld P'acilities to be Provided. �" Lessor a rees to rovide and to maintain in q P . good condition and repair at the air�ort, in accordance with good airport maintenance � practices, and, during the term of this Agreement, to make available � �. for use by all aircra£t operators the Public Airfield Facilities, and any additions or improvements thereto. Lessor shall remove . f ' ice and snow from the Public Air£ield Facilities. The Lessor may from time to time increase the size or capacity of any such Public Airfield Facility or make alterations thereto or reconstruct or relocate them or modify the design and � `� � type of construction thereof or close them, or any portion or por- �� tions of them, either temporarily or permanently, provided that � . reasonably equivalent Public Airfield FaciZities are made available ` to Lessee in a reasonable time and the Lessor agrees to attempt to keep at a minim•am any disruption or inconvenience that such � ;; projects may cause and Lessee shall not make any claims for such �_ �,�� temporary disruptions or inconvenience. � �� , '. ! 1.03 Use of Public Airfield Facilities. . The Lessee shall be entitled . to use the Public Airfield Facilities in common with other operators of aircraft for the i .following purposes: . �; (a} Runways, for the purpose of landing and taking- F off of aircraft. . (b) Taxiways, for the purpose of ground movement of • aircraft (c) Public passenger ramps and apron areas, for the purpose of unloading and loading passengers, � baggage, freight mail, supplies and cargo to and from the aircraft, together with the rigfit to use designated portions of the ramps for delivery and pick-up of freight, cargo, and mail by ground vehicles or other means and the � right to reasonable use for it or its contracted I vehicles servicing aircraft, and for the purpose of performing such fueling and other ramp services. j (d) Any other use normally incident to the foregoing. i _ � • It is understood and agreed by Lessee that.the use of the Public Airfield Pacilities may be in common with other public � users, upon compliance with the reasonable and non-discriminatory i ' " 1 -3- 4"y 1 �� u:l . � ..: . ,.�`�� . . � � r� { �`' ' a, _,•''� ' ��r' 'i _ . }j '�R?''3..:."..�'A��-+..++Mbt�..�:�U:;4T:a5,��....«V.�.... n.:.r� s-< .rF.::.. ..F'.s�n`in`..rdw:-.:Sa:�E'+"�..'iw.....»:L7..coW� ,?'� �-.�' t ._ . . .�...iw.l. .._. .a..,Yn�y9�'1., _ kc,^f 1 :. i;' �rti-`; �'a;>:`� - h. i:erms and conditions (including the payment of rates, fees and � . E, t': F' charges) upon which they are ma3e available foz such use and in conformi.t•y with the reasonablc rules and regulations prescribed � F+ by, or which may be preseribed by the Lessor with respect to the � uses thereof including, but not by way of limitation, rules, � regulations and directives relating to safety and security o£ the • � Public Aircraft Facilities. In the event that the Lessor shall ; adopt any airport ruZe or regulation which shall for good cause � be unacceptable to Lessee, then Lessee shall, upon thirty (30) days written notice to the Lessor, have the right to terminate �} this entire agreement if the same shall not be rescinded or j, modified to the satisfaction of Lessee during such thirty day �- period. � E i - ' , 1.04 Term for Use of Public Air£ield Facilities. � � - Lessee shall have the right to use the Public Airfield . �� ,'�� Facilities for a period of pNE (/) year(s) , commencing on �^ � January 1 � 19.a� and terminating on becember 31 � � . `_" � l " S; 19 81 This Agreement may be renewed upon terms and conditions � mutually aqreeable to the parties hereto;•provided, however, that nothing herein shall be construed to require Lessor to renew or �� extend the term of this Agreement_ � . 1.05 Rates "and CHaYges for the Use o£ the Public Airfield Facilities. A. The rates and charges for the use of the Public Airfield Facilities during the term hereof shall be as established, and as the same shall be modified from time to time by the Lessor within � its sole discretion, all as empowered to and within the jurisdiction of counties in the adminstration of County airports under 41-4-106, � � C.R.S., 1973, and the same payable in mohthly installments as ! hereinafter provided. � , B. Lessor shall provide Lessee with thirty (30) days' • � ; advance written notice of any change in landing fee amounts. In _ the event that Lessee shall determine that it is unable or unwilling � � _g^ 1 (�R� !��..�.'�..:'�a:��;;=�'�.`:� . � - ;,,��._ ., t... '�i,`s,'�; � ``'J ..,.,; �: � .r��. N`�1�. . �...�:+t vrn��,r-r��. .i � ..... ._... - _.. . .�. .�.. �-r�.sv wir..[��rx-..in.ar ti«iwv..�.+r.r�.�. •�'L•:T.•:4 .: E;. , '�'t�j,,,� r�..:�F., :,: �; �i� �� . � '� to pay an increase in landing fees as made or imposed by the Lessor, � . F Lessee sha21 have• the right to terminate this entire Agreement by notifying the Lessor in writing of its decision to so terminate, and if it shall so notify the Lessor of its decision to terminate � this agreement then the right and obligations af the parties hereunder shall come to an end at the time when such increased � landing fees are to be affective. i C. The initial rates and charges for the use of the ?ublic Airfield Facilities until modified by the Lessor in • c accordance herewith shall be as follows: � ' � t (1) A fee fqr each landing of an aircraft computed �� at the rate of $.SS per thousand pounds of maximum t allowable gross landing weight for such aircra£t at the [ airport; and a fee for each non-revenue lancling of (� - an aircraft computed at the rate of $.55 per thou- ! sand pounds of maximum allowable gross landing weight of such aircraft at the airport; PROVIDED . '� there is imposed for each such landing the � Q minimum sum of $2.00 whether such landing is for revenue or not. � -'-" •,+ (2) No such fee will be levied or assessed in the � �rt event an aircraft departs from the airport for � another destination which aircraft, without making ' a stop at another airport, is forced to abort � � t ' its flight and to zeturn to and land at the airport because of ineteoroligical conclitions, mechanical or operating causes or for any similar emergency or precautionary reason. The method and time of. payment are set out in Part iT below. . � r: � 1.06 Use in Waztime or National Emergency. � � : It is agreed by Lessee that during the time of war or national emergency the Lessor shall have the right to enter into agreement(s) with the United States Government for military use � of part or all of the Public Airfield Facilities, the publicly owned air navigation facilities, and ather areas or facilities of ' • the airport, and if any such agreement(s) becomes e£fective, the � � provisi:ons of this instrument, insofar as ihey are inconsistent � with the provisions of such agreement(s) with the Government, � sha11 be subordinated to those agreements. �: I + I � i f . , , -5- �,�.�;ag.��b . ' �' , -:'� � „.:� t '� �"hJI �` _?qr , . � . . ' � . .._. . .! �`�.J . . , �.�ti�,�fW�''.�- � ..-h..YP.�..`" '� � S;_, e��t�e ��1.�1'YFS'-. � Lc.r:'3 a_.._. - � PART II G�IVERAL PROVISIONS 2.01 Destruction of Premises. s ; If by reason of any casualty the Public Airfield Facilities f f i , " i are damaged to such an extent that such facilities are unuseable � . i • i - '`; in whole or in substantial part then:� � i i A. If the repairs and rebuilding necessary to ;. - i � restore such facilities to the condition � existing prior to the occurrence of the damage � �� are in the reasonable judgment of the Lessor ��' :�= justified in the light of existing or con- � , templated construction programs, and can be .. +;�� i completed within ninety {90) days from the �� date on which the damage occurred, the Lessor �� ( ,� � shall so notify Lessee in writing and shall. ' `� •r ' proceed promptly with such repairs or rebuilding. :� ,. # � �•: _ ,: B. If such repairs and rebuilding are not, in the reasonable judgment of the Lessor, justi£ied in s� � the light of existing or contemplated construction ; programs, or i£ they cannot in the reasonable . ��1i '1.J � judgment of the Lessor, be completed within said °st � ninety (90) days, the Lessor, at its option, to i • be evidenced by notice in writing to Lessee may i ' terminate the,letting thereof. �; I '� i 2.02 Notices. _ ; ' All notices required to be given to the Lessor hereunder ' i , �" � shall be in writing and shaZl be sent by certified mail, return � � receipt requested, to the Airport Manager, 506 East Main Street, i � � :; � Aspen, Colorado 81611, with a copy to the Board of County Com- + � 1 . t 1 missioners of Pitkin County, Colorado at 506 East Main Street, ' Aspen, Colorado 81611; all notices required to be given to Lessee i � . i 9 1 -6- � � ; ; �,`'L1'y`�! � �:. �;>•.. � s,a„ �"` �.~� � , t,� � � rl . ��,�t ��...n.rwi_._ �—..�_...... ..,..a.c.a .__. �.....r.r '"_"_' .«x.. .�:F,.Y.!✓NdrYY•T��IIKS4 MIL:�C�+.'!¢X7'A+JrM'�i.`..�`f.fPt_..".�FLiI�PY� ��11 (�' � : , ��. �: � �'�i:.4�. ,: j� �c';... .. •�+.y �f hereunder shall be in writing and shall be sent by certified mail, � P q �O. ,�bsC 3 S�5�7 A/�JF, STn/-�cTo�/ return recci t re uested to �f'�_ �ir/JOV7 /�CX.EK�O �0��;• PROVIDED that the parties, or `` either of them, may change their addresses or may designate in � 's � . writing from time to time the addresses of substitute or supple- mentary persons in connection with said notices. The effective " day of service of any notice shall be 'the day after such notice is deposited in the mail to Lessee or said Manager. �c � 2.03 Reports. � Lessee agrees that it shall, on or before the lOth day �' � of each and every month durinq the tern hereof, submit to the , . Lessor b deliver to the office of the Air ort Mana er the �� Y Y P 9 . i i following records of the preceding month's activities: f� A. A report listing by such date the number ( #_ n of aircraft Ioaded and unloaded by Lessee ` �'' ,'�, at the airport showing the total of such �i aircraft landings for the preceding month. �� ; ' B. Passenqer report showing the monthly total of revenue passengers'loaded and unloaded by Lessee's aircraft at the i airport for the preceding month. �'�� - • `� C. All necessary statistics relating to , gross maximum allowable landing w�ights • for the preceding month. i� � Said reports shall be signed as correct by a responsible employee t,_ of Lessee's. The reports shall be•on a form provided by Lessor "�� and Lessor reserves the right within reason to ask for such � information or clarification of. any matter contained thereon and � � Lessee agrees to endeavor to provide such information. Such � � information shall be kept confidential for a period of twelve � ` � months from the date of receipt thereof and after that said in- � � � ; formation shall not be published alone by the Lessor in conjunction ' `� � : i, ` � with the name of Lessee or reference thereto but may be published ; i . i � ;;� a -7- i i �� 1.5i`� ��:{r:'�`;::7v� � t . , � + ,' � �l�, ty. '.:_1t.i. . . , .. , r'-�:�p�iv+11�,.-_�.......—_.....,�..-._..:...�..."� '""'� .�.._....._..,.-.... I . . . ............ ....... .�r�..........,-.�-...�,.T�.......w.:...�...e...�,�..,.�..-.,.�..>•:Ha...-,.-..... . f'I ��P�f., � � �; , . f`fy,, �•M . ._.w,._. . -..� �� only in gross; PROVIb�D, that the foregoi.ng resi:riction shall not . �:.� �� be eonstrued to prohibi� the use and publication of such information �5 =ti combined in gross with similar statistics of all other carriers ;� utilizing portions of the airport for purposes of determining ' � j fi the legitimate needs of the Pitkin County Airport Transportation � . �� ? - Plan after the expiration of twelve months from the receipt i - -` � thereof by the Lessor. ' 2.04 Payments. ` . � Lessee agrees that it shaZZ on or before the 20th day �' C of each and every month during the Eerm hereof, submit to the ` � Lessor with said reports (2.03 above} , their check to cover all charges due therein and for services as negotiated by the Lessor � and Lessee for services or for other purposes including, but not 't�' by way of limitation, all Police Security charqes provided by � 6fi � the County of Pitkin, State of Colorado (Lessor), as required � * i: �� or as may be specifically requested by Lessee. These charges i'� > � " are as follows: � ; A. Payment for the use of the public Airfield 6'` a� Facilities as set out in 1.05 above. : AlI such payments shall be sent to the Lessor at the address noted in 2.02 above or as otherwise directed in writing by the Lessor. { , ; . �� Any past due amount under �his section shall accrue interest at the rate of eiqhteen per cent (18$), per annum, •� which said interest shall be due and payable without demand. Z' � 2.05 Indemnification. Lessee agrees to release and to indemnify and save x �;� harmless the Lessor, its officers, agents and employees, from Ir �_ and against any and a11 loss of or damage to property, or in- ? juries to, or death of, any person or persons, including property � ',z�`. and officers, employees and agents of the Lessor, and from any I _ and all claims, liability, damages, suits, costs, expenses, �� ° � ._ . � f • i -6- } � ��., �� .<,.. .:� � - . �.� I `iY '1 � �� '1 1'��•�+;�:��•��.-`::�<'�,} . ' . �, .i . . ..,.�._'i sl'.+P°Nl...�_._._..._.- ' . .. y . - • - -- �.�.� i� ;. �,��, , •- � �. �af=r�,. ��:;;.. _, . actions or proceedings ot any kind or nature �•7hatsoever., of or by anyone whomsoever, in at�y way resulting from or arisiny out of, the negligent acts aiid omissions and wrongful conduct of Lessee. � The Lessor agrees to release and indemnify and save > { harmless Lessee, its officers, agents and employees, from and against any and all loss o£ �r damage to proper�y, or injuries � to, or death of, any person or persons, including property and officers, employees and agents of Lessee, and from any and all claims, damages, suits, costs, expenses, liability, actions�or � proceedings of any kind or nature whatsoever, of or by anyone �'� whomsoever, in any way resulting from, or arising out of, the " " negligent acts and omissions and wrongful conduct o£ officers, � employees, agents, contractors and subcontractors of the Lessor. 1 � t � � � 2.06 Insurance. � t� Lessee agrees that at all times during the term hereof � . � i�"�` or any extension hereof, it shaZl maintain in force such bodily �� # . � � injury and property damage insurance as may be required as a k condition of any operating certificates that it is required to � have for its operations and shall, if not otherwise required, '� maintain bodily injury and property damage insurance covering £` ,all of its operations and activities, at or upon the airport, , �. � but with limits of not less than five hundred thousand dollars � ... ($500,�00) single limit, each occurrence, and shall further �' specifically maintain in force Workmen's Compensation insurance t` 4; for all of its employees at said airport. Al2 policies of insurance so maintained, except Workmen's Compensation Insurance, � . shall name the County of Pitkin, State of Colorado, as a co- � insured thereunder. Lessee £urther agrees to provi.de certificates _:. satisfactory to the County of the kind and amounts of said I 1 insurance coverages reflecting that the County of Pitkin, State j - � of Colorado is a co-insured thereunder. i . i -; i • • � r -9- �`•='� ' 'h.�i?; � _ . . , . . .. .. � � .� ' � ,,�;�,;::; � '� trF, •' ,.'I t ..�.! F . : s �j • ��''tl7c�.�:,r�e_.......�a•..�r�.�E-.v�.�_- .,,...,.,,... ,:_.,.�--..:.._.. .... ...- .__ ._._"---'—'---`__. .. . ..�. . . , � 4 �/-. ��. ��, tK � E�' � kf� ��.� ►��:' , ��.J � r��'� 2.07 Laws and Requlations. E-:_� As a condition of the 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, �`. • ��r,. and all lawful directives, conditions of certificates and rules and regulations adopted, promulgated or ordered by the United States Government or any of its agencies, State of Colorado, or any of its agencies or political subdivisions including, but not by way of limitation, the reasonable rules and regulations i�� of the County, all as may affect Lessee and its operations and b. �- activities in and at the airport. S . 2.08 No Discrimination. �� The parties hereto covenant and agree that (1) no �'� person on the grounds or race, colour or national origin shall be � � . � `� excluded from participation in, denied the benefits of, or be ' ; �'�'�' otherwise subjected to discrimination in the use of said faci- '' � :,_. . � lities, (Z) 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, colour, or national origin shell 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, �* �, D2partment of Transportation, Subtitle A, Office of the Secretary, ,� Part 21 - Nondiscrimination in Federally-assisted programs of the Department of Transportation -� Effectuation of Title VI of - the Civil Rights Act of 1964, and as said Regulations may be amended. •s The Lessee assures that it will undertake an affirmative action program as required by CFR Part 152, Subpart E, to insure � that no person shall on the gzounds of race, creed, colour, na�ional � � origin, or sex be excluded from participating in any employment ; activities covered in 14 CFR Part 152, Subpart E. The Lessee � assuzes that no person shall be excluded on these grounds from � t � -10- ;� � �w.�� , 4`� . . �'� i. -�.i � . � . ' �.�`��:;�r_�•' . . . r S �-_� � "�r+r'n�"W�..�.��.—v.......as� .�_a..o-�_--� .. ..._ �._ � " ._.. . . . ..T.._� . .r..�i...z��ri�=f33i:�is:.'�w�y.a.rA�..�.::.:ea.�:Cti�lai.i`..f..�.:.ww�,"�nG"�w�n - .. i��. �� ' . ��+pl..'KL .: (��f( � [� ' . itt� '• j� 'JAI ,. �:r . �� participating in or receiving the services or benefits of any program or activity covered by thi.s subpart. The Lessee assures that it will require that its covered suborganizations provide assurances to the County that theysimilarly will undertake ' affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, � � � Subpart E, to the same effect. • t 2.09 Pur.chases by Lessee. Property, services and materials (except as otherwise E�' : I provided in this UserAgreement) may be purchased or otherwise ;f`' Iobtained by Lessee from any person or corporation of its choice, _ � _ and no unjust or unreasonable discriminatory limitations, restric- � tions, charges or conditions shall be imposed by the Lessor � f� � against Lessee or its suppliers, for the privilege of purchasinq, f selling, using, storing, withdrawing, handlina, consuming, loading, ��- `�i: �,=� unloading or delivering any personal property of Lessee by Lessee #; . . �� or 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 safety. a k �e , �-��::� � _.� � 2.10 ' Cance'1Tation by the County. . =r y '. , �. In the event that Lessee shall file a'voluntary petition � � 'in bankruptcy, or that proceedings in bankruptcy shall be instituted � � against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or that the Court shall take jurisdiction of �1 � Lessee and its assets pursuant to proceedings brought under the � provision of any Federal reorganization act and such proceedings " _ I are not dismissed within 30 days, or that a receiver of Lessee's � � p �, � assets shall be appointed and not dismissed within 30 days, or i , f that Lessee shall be divested of its estate herein by other � . f ; operation of the law, or that Lessee shall fail to perform, keep � � and observe any of the terms, covenants or conditions herein con- y. � � • � ',� �� -11- ;, � ; t i �:��e``.� . � . t�.?�: ' ::t:� � .i%i f -� , � . .� } r� ':��;:� , ..;.� e, :,, . ,. .. . . , � "r�K'h�K --.._......,_.,�.....�.-...v-.c=w.�.: '-. -.._�:......_.,..:._.�.. ._ . ._._....._._ ._._..�..-....�..-,...<,....,......,.....,.ry..._._.,.,..._..�......_,_ . .. i, � ' .. . . - ,'1 )t` . f� ��:? ��t�yf= � . LG,':;.. ... ,'� tained, on its part to be performed, the Lessor may give Lessee � written notice to.correct such condition or cure such default and, if• any such condition or default shall continue for ten (10) days after the receipt of such notice by Lessee, the Lessor may, . after the lapse of said period and prior to the correction or curing of such condition or default, terminate this Use Agreement � by ten (10) days written notice. In the event that Lessee has undertaken action to correct such condition or cure such default, and the same can be cured, and is proceeding expeditiously thereat, � the Use Agreement shall not be cancelled (except for non-payment �� , of fees and charges) . Termi.nation under this paragraph shall be construed as a termination of the rights of the Lessee under all - Parts he�eof, aIl of said Parts being mutually interdependent. � 2.11 Cancellation by Lessee. � Lessee may cancel this Agreement, and terminate its $. _—• �" #' obligations (except those accrued prior to_the date of termina- ,� tion) hereunder at any time, by sixty (b0) days written notice, ; upon or after the happening o£ any one of the following events: The termination or suspension of all Lessee's certificates of public convenience and necessity or other required authority for _ .the carriage of mail, passengers and property to, from or through � Aspen, Colorado metronolitan area or its environs; issuance by � •- any Court of competent jurisdiction oE a perma�fent injunction ia any way preventing or restraining the use of said airport for purposes that would prevent all Lessee's charter operations; the breach by Lessor of 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 of said written notice � of the existence o£ such breach (in the event the Lessor has � . undertaken action to correct such conditions or cure such default, � the same can be cured and is proceeding expeditiously thereat, � � s the Use Agreement shall not be cancelled) ; subject to the pro- , + visions of Section 2.01 with respect to casualties, the inability '+ � . � of Lessee to use the Public Airfield Facilities in a manner � i -12- '�:tr;_;:'"d;° ' , , ,t,.. q-r - � '�1 � = ti , M , ��) . � �: ..,.,; 1 �:M� ' � � T �Q..K.'�E�:':��'j.vJ!!Ti�.i.vnGF.1...X.:Yf- . ... .n:. �i�:��' " ... . .....) _ .... .R�.M.• 1F.6T .<. � r, �_-...-�._. , . .� _.. r-...�.w._.-v.�.._.r ... ...`..�.�.n..-....�P�r C., ��`��.�. ... �; necessary for its operation hereun@er continuing for a longer period than sixty (60) days due to earthquake, other casualty or action taken by the Lessor or any other authority; or the total G subordination of the rights to the public airport as,set out below. � ;: Cancellation by Lessee under this paragraph of this Agreement shall be terminatzon of the rights o£ I,essee under all Parts hereof, " . all said parts being mutually interdependent. z 2.12 Proposed County Transportation System. '' Lessee acknowledges that it understands that the County � �� is considering the construction and operation of a public mass �C ground transit system which may restri.ct or prohibit private . ? .. ` � vehicular traffic (including rental cars, and employee parking � � to the extent that the same may be practically used by the � Lessee's employees) access to the Airport. Lessor agrees that � _ � in the event it shall construct a system there shall be no � ,� : #k, restriction upon the access to the demised premises for such � • service and/or utility vehicles as are necessarily incident to <<: _" the business of Lessee, nor shall there be. any restrictions � �� placed upon the pick-up or delivery o£ passengers or freight to or by Lessee''s groun8 transportation carriers. _ i • 2.13 Assignment. J.essee understands and agrees that the assignment or �= transfer of any rights granted under this Use Agreement shall E be made only upon the specific written consent of the Lessor or fi in accordance with the other terms of this Use Agreement (in- . cluding without limitation, the� provisions of Section 1.01). : � 2.14 Third Parties. � This Use�Agreement does not and shall not be deemed or � . construed to confer upon or grant to any third party or parties � to whom Lessee may assign this Use and Lease Agreement in accordance with the specific written permission of the Lesso'r, � � -13- � . � ,y'""��;� .+.4h,,i�• . . ��. _� I � 1 i �. y1 i�.fl � .. . . ?�.' ..✓.-I rcr k � .. . . � . . 1 "�: ' . f_ -'�''�.,w__..:.,._�::_._.�_.___ -,, . _ . _. _. .__ . .. . _, �_,. ,l �` � . �� /'�2.�'��:•,.'. �'`�"''°` . , �� .ii,,.,..r' l �e.;��c'. i.;-� , j . and er.cepting any successor to the County, any rights to cZaim damages or to bring suit, action or other proceedings against either the Lessor or Lessee because of any breach hereof which occurred prior to such assignment or because of any of the terms ': + covenants, agreements or conditions herein contained to the extent � �. they were to have been performed prior to such assignment. � . _ = • • � , • j 1 2.15 Waiver, i � No waiver of default by either party of any of the terms, � i t covenants or con@itions hereof to be performed, kept and observed 4,� , by the other party shal2 be construed or operate as a waiver of �' any subsequent default of any of the terms, covenants or condi- � tions herein contained, to be performed, kept and observed by 'the other party. � ' � � 2.16 ' Covenant AoC 'tb' Grant More Favourable Terms. �� -r�r, Lessor covenants and agrees not to enter into any lease � i� contract or agreement with any other air carrier service with ; � zespect to the airport (including without limitation, existing leases, contracts and agreements) containing more favourable terms than this'lease or to grant to any other air carriez rights, - privileges and concessions with respect to said airport which are �t - • not accorded Lessee hereunder, unless the same rights, privileges , anc concessions are concurrently and automatic�lly made available to Lessee. �:- : � � i � . ! E i i i � . —14— ' t � i � t;, �. k .�� ~' � 1 t: � �� ..._. ... . . . .. . . . . . . . .. .. . . . . . . ._. .._ ... Y � .ti t;;:. ..�i,.:i...� . . i i:.. ';' . . � '� �� ,t�;.�rtt� � r>� �i,�rT r�.; � a.,...:`� ,< < ,. �Q � i� 't � ?v �{,� � -r'ri',rx,,r��}� T ' f�� .. ..�rc2�if.�' 1s}:��`.��.aa+`4a�ixL'il.�Yt�34^1Lit,r(aC:.u._:.��.�.,�._.r.."°..;'�r. ' i� ty� t :1:�,�,1'}��S`�5��'� .af t�-"'r'�i7+.;.:4�i��'.�`5�..�:.�'�h^�"��n �'��r�t'�. l a..�M.«...-.'!.�',.=1:. �nL,.Sf'a�:. r� •w._:.._..�•.vw+. � . { . . ��1 t��. �� i �1 �+' `�-i?�„`'. i,: I;��; , 4.} �`� i M � 1 l 2.17 Agreement Made iri Colorado. � This Agreement shall be deemed to be made i:n and construed 3, in accordance with the laws of the State of Colorado. � ' � � . �� . � � - ' � t . e BOARD OE COUNTY COf�.MISSIONERS 4 OF PITKIN COUNTY, COLORADO t tt ! . /' �, �- � ATTEST: By t airman � �..� `�� i � . � �� _ � ' Cf �' �� ~ ��'C��I�SC�"'•�l'G2i�---� � f�` ByaJonathon 0. Moore� � `� . ,�� Pzesident � �'�Air U.S. � ' P.O. Box , ' ATTEST: Denver, .CO 80238 �� Lessee Address . � 4�,,i�,�V.�c�✓ Canf�� . . _ e ~;''t�fl]`i� J " � = o �•Commu,ion expires July 26,19Uk :��` 1 ,`;:�., c�b'4_1�. ' �� 0:1}?�P.Oy,$D AS TO FORM AND CONTENT: � "''�.�,�mu.��„�" � . . � . -__'�� uller County Attorney � . � . �' " � -15- � ( � � Jv � ' � � � 3. ' € . i , � . _. ` y ��r ;��j.. , .