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Home My WebLink Aboutbocc.con.032.1981 i^ '.i �, +�*`::�1 > �� - .R—.....�mn��1.....�.a�t.::ar..'t..:a.��v �-a.-, ^"`-"'^'};� . t�. .._ .�,_ . _ .. � ..>.: ,�.. ..s�.......s.�.►a�.�.m-.-..�............T.......,.--.�...�..... ;�/ly fK" f � {., I' � � � � ��:�`�::.-�..._.'. i�f�:�•.__':...� . ? � ��"3�.>'....:: .s�p' USE 1�ND LEAST� 11GRI:�MENT . . • CA 32(B1) TIIIS USE AND LEnS� AGRFEMENT, made and entcred into this : 28th day oE Julv ' , 198�, by and between . _ -- i THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORAUO, a ! ..t, , ! body corporate and politic and consti{:uting a political subdivision ' ; � i . _� ri of the State of Colorado, being the governing body of the Aspen/ • Pitkin County (Sardy Field) Airport, hereinafter referred to as the "COUNTY", Party of the First Part, and Aspen Airways, Inc. , : � ' I a corporati.on organized and existing under and by vi.rtue of the ,T�: � � laws of the state of Colorado , hereinafter referred r� � � � � to as the "AIRLINE", Party of the Secon@ Part; � r. . I � W I T N E S S E T H:' ; � WHEREAS, the County is the owner, sponsor and operator of � �- , °` the Aspen/Pitkin County Airport, a public airport, located in .. � >'s t Pitkin County in the vicinity of Aspen, Colorado, (hereinafter � ` - sometimes referred to as the "Airport") and at which it shall � ---...�,;�_ � ,f � ` make available public airfield facilities and shall make available � ��' within and without its passen er terminal, common use, and ex- � 4,; 9 1 f ' clusive an8 non-exclusive use areas; and 1 WHEREAS, the Airline is engaged in the business of a public i air carrier transporting by air persons, property, cargo and mail, � ; �; and in which service and business it desires to use some of the said premises of the airport; . � NOW, THEREFORE, for and in consideration of the mutual S� covenants and agreements herein contained, the County and the � Airline do hereby mutually undertake, promise and agree, each for itself and its successors.and assiyns, as follows: .� PART I . ( PUBLIC AIRFIELD FACILITIES � , � 1.01 "PUELIC AIRI'IELD �ACILITTES" DEFINED. ; As used herein, the phrase "Public Airfield Facilities" shall mean (a) runways; (b) taxiways; (c) passenger ramp and - ! _ , i apron area� (other thaa thc r�mp or apron arcas to or f.nr. whic.h ; � � _a_ � �w � "�:.:�;��,;,;, , . , ►��' � =ri1 „y,�; �. `�� ( y�`t,_�v{ }�,'� -r:�4.�!4sr�t+�::..•`:;a+,yti'."n.�fC:.ks-�rr_<-..ti .. M. .. � � ... .�.fk:_ .___,.,.....�..�:3.:7�:..�r..:.,r.M�::....w�.��.,...�.-�:�.- .. } . -�-:�y��la ' �. f; ' ��s�:'; r 'r�;;.., ,:� ' .-... , .. W� ihe CounL•y has previously, or by this agreement, or may from �:.� time to time lPase, assign or grant ex��.usivc use; and jd) any � extensions or additions to the above and any other space or . �. . • . {� facilities provided by the County at.the Airport for public and , iss , � i� common use by aircraft operators in connection with the landing ; c: , and taking ofi of aircraft, or in connection with operations ` - f . � • hereinafter authorized to be performed by aircraft operators upon .� ; the aforesaid ,runways, taxiways and public passenger ramp and �. apron areas; but onZy as and to the extent that they are from time to time provided by the County at the Airport for public and � �� common use by aircraft operators. � 1.02 PUBLIC AIRFIELD FACILITIES TO BE PROVIDED. � , The County agrees to provide, and to maintain in good condi- �; , �, tion and repair at the Airport, in accordance with good airport � maintenance practices, and, during the term of this Agreement, � � � _ ��`: to make available for use by all aircraft �operators the Public �- �+'Y�' Airfield Facilities, and any additions or improvements thereto. � #.,;. � The County shall remove snow and ice from the Public Airfield '� '� �' : � Facilities, including Exclusive Raiap Spaces as hereinafter F e,' _ �,• - defined to as close to the Air Terminal as practicable. • S: � - The County may from time to time increase the size or capa- I city of any such Public Airfield Facility or make alterations I • i, � thereto or reconstruct or relocate them or modify the design � ; �' and type of construction thereof or close "them, or any portion * or ortions of them, either tem oraril or y, provided �` _; p p y permanentl � x that reasonably equivalent Public Airfield Facilities are made � `� available to the Airline in a reasonable time and the County agrees : to attempt to keep at a minimum any disruption or inconvenience ' '� that such � projects may cause and the Airline sha1Z not make any ! � � claims for such temporary diszuptions or inconveniences. ; � 1.03 US� OF PUBLIC ATRFI�LD FACILITIES. ' � � The Airline shall be entitled to use the Public AirEield � � � Facilities in common with other operators of aircraft for the ' � following purposes, 's � � - i . � � � -2- ”. �:;.;,''�::`�': , , y:,- ;�:°:�`j ,;:�;.S�,::6 . � . e .��1 C. � �'� � ��^"� r.t':� +. . .. ., ' - ' _ ,i` . a�;>r"t,� '.Y �. �q. �. c.. . �j ��.,n.a.'.±,�,h:,u;.��:+�c..^�^5...._. ..._. ......,u.o.......�r-_..;..ti��,.�..�-.,��`Y. .��,�,_"f3:.i- ��t;-n�3k�u,.�F��;-, �>.�.;k..tL�ye.,,,,:..�1'_',s.�� + ��t� t� , r;� H�Mi?",".. 't,,. �s''<. '• ' N,. (a) Runways, for the purposc of the landing and ��> ::-- F; �� taking off of aircraft. �:. (b) Taxiways, for the purpose of the 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 aircraft, together with the right to use , designated portions of the ramps for delivery and r � pick-up of freight, cargo, and mail by ground � „ vehicles or other means and the right to use l� � desi nated ' g portions of the ramps for operation ��' • and reasonable parking for it or its contracted • � vehic2es servicing aircraft, and for the purpose �� E; oE performing such fueling and other ramp services; � all of which rights to public ramp and apron are � ''� more extensively defined in Section 1.06. �� (d) Training operations of Airline. � I � . (e) Any other use normally incident to the £oregoing. + � It is understood and agreed by the Airline that the use of the Public Airfield Facilities may be in common with other public users, upon compliance with the reasonable and non-discriminatory � � terms and conditions (including the payment o£ rates, £ees and � charges) upon which they are made available for such use, and in � � � conformity with the reasonable rules and regulations prescribed � : 1 by, or which may be prescribed by, the County with respect to the j uses thereoE including, but not by way of limitation, rules, � F xegulations and directives relating to safety and security of ±' . y � the Public Airfield Facilities. In the event that the County � shall adopt any rule or regulation which shall for good cause be � � unacceptable to the Airline, then the Airline shall upon thirty � � � , � (30) days written natice to the County have the right to termi- f , i • nate this entire agreement if the same shall not be rescinded '' or modified to the satisfaction of the Airline during such � � thirty (30) day period. i . � _3- ' •:.f;;v�;�� _ ��;< ,�„��. ��-�� '��- �'j 'r 4 � ,� �:,,.C)' � � t i;� . �a'��`r�(oK�,,.�.w�y.�:i's..��'^''wvii��"^f�:Y...�.'r.l�:: �+.,.�:.�"'..u_:. �� - �.�J�t:_�: 3'...:.:�i�i�J:i47eK+T"W7�1i.^>.Z.,..'Ji..c�:-+f^.n+rr.r�M.n-+.r:..�a..M... -... . . F� f ! .�i.. .. . ��r4. . ,�' . ' �;''L+,,;' �� ' ;t�_,.: �! � . i�.Fy:;:., �� - ':.iJ�'.. . .�'3 1.0�! TLRM POR TIIL Ll�i�l OF TIIE PUIILIC AIRFTELD FACILITIL'S. �: �;� The Airline shall have the right to use the Public Air.field ;�� Facilities in accorc3ance with the terms of this agreement for a term commencing as of the lst day o£ /y1l��'C/! , 19$I, and � continuing until the lst day of ' �n��'H , 19��, unless "' � sooner cancelled or terminated as hereinafter provided. - "'� ;� 1.05 RATES AND CHARGES FOR THE USE OF 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 i; as the same shall be modified from time to time by the ,.�' [� County within its sole discretion, all as empowered to and within i the jurisdiction of counties in ��he administration o� county airports under 41-4-106 C.R.S. 1973, and the same payable in FV �> monthly installments as hereinafter provided. • ��- B. The County shall provide the Airline with thirty (30) r �. '�':: days advance writ�en notice of any change .in landing fee amounts. i �,'� In the event that the Airline shall determine that it is unable , ; � ' 1 � or unwilling to pay an increase in landing fees as made or imposed j e'�; by the Countl�, the Airline shall have the right to terminate this I ar�; � entire agreement by notifyinq the County in writing of its decision ` ;� � �it, to.so terminate, and if it shall so notify the Counfy of its de- - cision to terminate this agreement then the right and obligations � 1 � �A� . of the parties hereunder shall come to an end at the time such increased landing fees are to be effective. �� . `} C. The initial rates' and charges for the use of the Public - 3 t� L�� "-'�• Airfield Facilities until modified by the County in accordance ? herewith shall be as follows: •,:-� ; > (1) A fee for each revenue landing of an aircraft ? �s; computed at the rate of $.55 per thousand pounds of j maximum allowable gross la�ding weight of such aircraft � � at the Airport; and a fee £or each non-revenue landing of � � Z an aircraft computed at the rate of $.25 per thousand = pounds of maximum allowable gross landing weight of ;. � such aircraft at the Airport. � ti�3 • I � -4- .. .� _ . ��.�.,,�.,,,� , "�. � . � , ^1 , � � � �$��"4'� � . � � ✓J'*Y' i _ . . . .. . . . . � �'� _ .. ft �S.x�,'-:»fC.i�ix�tat3.+��:�_�'i'�.e;.:..w:,M.x:......,.� _...r.-.. �s:..:.�:et.:,-'--�rn�� :2>��—�va, ::;:.:;5:�._.._...e.c:ir.. ,..t.��- �'�Pa + t4 � . • k},'r .i �iS:i) � Y;c,r�,•: . - (2) No such fee will be levied or assessed in the ?''"'" . L�..r.. �- � event an aircraft departs fr�m the Airpor.t for another destination, which aircraft, without making a stop at another airport, is forced to abort its flight and to return to and land at the Airport because of � meterological conditions, mechanical or operating , causes or for any similar emergency or precautionary reason. • " The method and time of payment are as set out in Part III below. ' 1.06 RAMP SERVICES AND USE. . The Airline shall have the exclusive use of. ramp space(s) No. (s? ' 4, 5,'s '6 as shown on the drawing attached hereto marked Exhibit i�� }'., "A"* (Exhibit "A" shows the Air Terminal and facilities in close ,�` proximity thereto which are the subject of this Agreement, and is i.ncorporated herein by reference) for the term hezeof for the ex- � peditious loading and unloading of passengers and freight and for � the providi.ng of ramp services to its aircraft.- If, at any time 1 ! ' during the term hereof, the terminal shall be expanded (as per �- _ ,�� #Y Paragraph 2.05 hereof) to accommodate other air carriers the County J i� may,by agreement with other air carriers, allow the use by such � _ other air carriers of ramp space No. 6 No. services will be permitted by the Airline to aircraft occupying such loading or unloading positions other than those services (herein called . + "ramp services") incidental to the immediate preparation of aircraft � for scheduled departure, such services to include, among others, � I � � fueling, inspection, interior cleaning, a non-routine adjustment of { ., � equipment of an emergency nature or in order to insure the safe � departure of the aircraft, unless otherwise authorized by the Airport Manaqer or by the County. . � -- � The Airline shall have the right to perform 3ts own ramp s t services, but if it desires•to have such service performed by a � + � } - contractor�, it shall employ a regular ramp contractor by which is , � • ' i * EXIiIH2T "A"� Airline Use Areas, by Design Workshops, Inc. � Date 5/23 75 } Revised 6/20/75 D.A.R. � • �� • � � ; ` � -5- �� • j: . y �1[`�V'.^�� _ .. . . . ��: �.�y�� V�� ' �� :��°a ( . y �;;1 r_� i " .. ,.,. r�v'101Fi�eai3"�« ,r.'�:.-..:".L{r'�=t.....C�,��.:::_�.� �S:�':�... . :.�:�-..:,:sr',_-:..Tc:�.�.-x:.::::Lar.s'..7�s.s....-w.a_asw•�.;,.i!'.:u_.,..:;.:::.�.1'.:.:r _ �I .i�t4Y �. � �� 7 !'-h�;.�:•:.�:. : �a p}..F_..: yt . t�� i:, �. . • ifa,:'. ... . meant a person or concern authorized by the County to perform �`r,°';;.;.: �p; specific ramp services for turnaround services at the �lirport, E,- including, but not by way of limitation, another air carrier authorized to use the PubZie Airfield Facilities in accordance with the terms hereof, a £ixed base operator or the liY.e per- � �' mitted to do such business in accordance with the texms of , ' I , agreement of such person or concern with the County or any other , j • _- i contractor or supplier of such services PROVIDED they supply or ' . ; perform the services by agreement with the County which agree- � � ments may provide for payment of fees and charges and the abiding � „ by reasonable rules, regulations, and directives of the County � and Airport Manager as a condition of the agreements. N�thing � � ' in the foregoing paragraph shall be construed to prohibit the a � � f - � Airline engaging temporary emergency maintenance services for the �; emergency repair of aircraft. ' � . � �� Further, it is understood and agreed by the Airline that ( �`'` the parking and storage of the Airline's or its contractor's � , J r.- '� �: ground vehicles on its ramp or apron shall be designated as ! � parking and storage area No. 1 shown on the attached Exhibit � �� "A", whir_h Exhibit is incorporated herein by reference. Said �- parking and storage area shall be for the use of the Airline ( during the term hereof. All such equipment so parked and/or ' stored shall be in a workmanZike manner and the area designated � for storage shaTl at all times be kept in clear and orderly � � condition. No vehicles shall be parked as "dead storage" on ! ; : �" tha ramp area. Overnight parking of the Airline's aircraft shall { i be allowed on its exclusive ramp space(s) only. � i It is further understood and agreed by the Airline, that ., drivers and vehicles delivering or picking up freight, cargo, � � or mail at the freight area of the Passenger Terminal shall be � positively directed and controlled by a designated.employee or � ' employees of the Airline or an employee or employees of another � . i ' airline or other tenant operating on the ramp under like or similar terms as contained herein, and it shall be the responsi- y- � � . i -6- " � � ':. _ _. . ._. __.,. _ . .�' � ^ . , �. y'��:�;F+l,Yy �` .._i�y�'J• ^�:� , , _ , � '„s1 ci� � •, � Jr�r�+n�p��Q,v1°k�..L""'�i"mi�'rii°M�iM'�.1�11.Y��i��'�1..k:N��l!�...�;,..:.�.......,s.:..�6.e.i�i\.��.,. .L�v��tG..�iwt ili��i�_s.i�..y�i��.T�s�•��.t::._�i a��P�k`(� - ��' ' k!�.i�d��:1' _ ��f�1...:_..._ t '..' i1'. � .. j j . ','-i ' bility of the Airline when its employec or employees are so e p directing such driver and vehicle to do so in accordance with the t rules and regulations of the County and directives of the Airport , Manager. • . ' 1.07 USE IN WARTIME OR NATIODiAL EMERGENCY. It is agreed by the Airline that during the time of war or . national emergency the County 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 other areas or facilities of the � airport, and if any such agreement becomes effective, the pro- ��! �. , visions of this instrument, insofar as they are inconsistent with the provisions of such agreement(s) with the Government, shall ' be subordinated to those agreement{s) . � • , . �� , PART II. _,,,�; PASSENGER TERMINAL PREMISES {� -.. , F �'� ' �. �j 2.01 LETTING OF EXCLUSIVE AND NON-EXCLUSIVE PASSENGER TERMINAL PREMISES. + �: ! . The County hereby demises and lets to the Airline, and ; ': , j . the Airline hereby hires and takes from the County, the exclusive I � space in the Passenger Terminal b�_ilding at the Airpost designated � � on the attached drawings marked Exhibit "A" which drawing is ��' 3 incorporated herein and made a part herein by reference, and ' I -, f ' the phrase "Air" or "Passenger Terminal P�emises," as used � . • _ - { � throughout this Agreement shall be deemed to refer to the afore- � � 1 � � said space. (A �!' 2.02 TERM �F LETTING. � The term of this Part II of this Agreement shall commence 3 . March 1 , 1981 and continue until March 1 � � � � i 1982 . In the event that the County shall decide to rent the pre- ! � — F • mises described in this Part II upon the expiration of the term � s hereof, the Airline shall have a right of first refusal to meet � - and match the terms of any bona fide offer made by an air carrier � � � therefor which shall be acceptable to the County. The County � ! ; � . { -7- f 1 . `'��:::��`x� , • . 1":� .i .. w� �� :� '�::<', i, � - `.'"� . . �1 ��"��rC.K'E�.S:Y'�.tS:::v::�Mi.n�:a:"+'nd.-:L"1..'.�'I_, -....:._.r. _. �.- . . . .. . ....x�_� . �.:.a<.�...:.sa..*-a.-.--. .�,.-.,.�..n...,..,,....-,.....,..,....�.,. FiRX i� �,�}?rw _. h Ts;: � shall maY.e its determination o£ whether or not it intends to re- � � let the premises by formal action no later than six (6) months prior to the expiration hereof, and shall advise the Airline of its decision, If the County shall decide to so re-let it may then. t � solicit offers for the lease of the premises, and.shall transmit a true and correct copy of any offer which it receives and intends _ - to accept to the Airline. The Airline shall have a period of thirty (30) days from receipt of such bona fide offer in which to '. i accept or reject the same by written notice to the County. Silence i i of the Airline shall be construed as its rejection thereof. In � �. • !�:c the eaent the County has determined that it shall re-let the � premises and that no acceptable bona fide offers shall be received �.' by the County sixty (60) days prior to the expiration of the � . . � term hereof, the County agrees that it shall negotiate in good �, � � " faith for rental to the Airline for an additional term hereunder. � . � �� 2.03 USE OF SPACE. ' ((�--j �,��` The Airline is granted the use of the space so designated . � #� • + �' Eor the purposes normally associated with an air carrier's use i � :: . � of said space, except that in no event shall the same be con- a strued to permit occupation thereof as a car rental or leasing agency, for hotel or lodge reservations (including telephone � "hot lines" therefor) or foz taxi or limousine services; PROVIDED, � #� HOS9EVER, that the foregoing shall not be construed to prohibit � the use of said space for ground transportation services con- . tracted for by the Airline £o transport its passengers and/or � i freight by ground transportation in lieu of scheduled flights i _ ' ; necessitated.by the temporary closure of the Airport by bad , . weather. The rights of the Airline under this paragraph of this Agreement shall also inclu8e the right by it to carry air freight into and out of the Aspen Airport and to make surface � . pickup and delivery of such freight. . � i . The Airline shall be allowed to keep and maintain one (1) � t pay telephone station in its screened passenger boarding area � � as an accommodation to passengers. . . , � The County reserves an caa:cment for pass-through of the Rirline's , area by the public in the event the Air Terminal �hall bc extencled • and/or expanded, sa.id easement being for access to public ar.eas of � • „,�� • ; -R- ��.. *M�-„�• . i... . ••.F�`.~� . � i ;;:ti'. � � `�..-f� � . t. -,l'', � . _ : �ii .- t.T 'r'y'°'trcte�L'-«wk..�.:x..rr-a'�+;,:'w!�_;_'_'�'...� '-:..�.%._�:'a.� �;s .;.... -.�..•z �-'^r,r.�r.�..cx++:...r�a�r...:-,.•.�-_......'.._..-,..........n_............... t SI, the Air Terminal. Any 'such area taY.en by the County for such purposes �'��'��` I ��r ( shall abate the rental therefor pro ra±a, and the County shall bear the ��s�" , . expense of construction and maintcnance oi the area. There is further granted to the Airline the n�n-exclusive right to occupy the spaces designated as common areas for the purposes nor- mally associated with an Air Carrier's use of said space, except that the use of said space shall be only in .common with other Air Carriers, and for such other uses by way of example car rental agencies, vending . � • machine companies, limousine services, wait-listing and the like, but not limited thereto, as shall. be allowed by agreement between . the County and the operator of such use. All revenue derived under such agreements shall be the property of the County. � There is further granted tc the Airline the right for itself, its �' . . �� employees, agents and invitees, the unrestricted right to utilize the ' public facilities within the common areas of the air terminal such � as rest rooms, drinking fountains and the like; PROVIDED, HOWEVER, that there shall be no lounging of the Airline's employees in such '� � �,. areas. Said areas shall meet the standard§ of the State of Colorado �_ # I�dustrial Commission, COSHA and OSAA respecting occupar.cy �of the '� premises by the Airline's employees. Items required by such legisla- � tion or regulatory agencies may be situated in any areas, � If the said Airport Manager determines, an occasion, that safety of the public requires or, due to che lateness of the hour or• for any other reasonable causes, convenience requires the use o£ a remote pas- �t s � senger boarding space or area, such space or area shall be considered � as added on to the passenger boarding space of the Airline on a tem- } , g; porary basis without additional cost to the Airline. ; Subject to reasonable rules and regulations and the provision ' of Paragraph 3.12 hereof, the Airline shall have the right to use � ten (10) employee parking spaces in the area designated on Exhibit , �. ; "A" for employee parking together with unobstructed access thereto. ; � . . 2.04 RENTAL RAT�S. � The County reserves and the Airline agrees to pay as annual . � rent in equal moqthly installments for the Passenger Terminal Exclusive ' Space the following amount: ' � lst Year - $77,970.00 � 1 �n� .. 7 f �•C'��.^� I ♦ . �� ; _ ; � `'-� � +""°'ta .m4w.R�.�w..lew.�n._.1:�i_'7�3:.5e�...r.K..... .�.... .. �- .-,. ... :.J-........n...ue.,a�t��i53:7�"'..;..+..,�.»..�..,«ew-F'{U,:.S:w�c.�.i-.:e� ..+ n.._ ( ��x�`'�{ � . �;p��..b.. � . �::?:i��:.�::. No charges shall be made for "Remote Passenger IIoarding Space". However, the County reserves the right, after notice and negotia- tion with the Airline.to, at any time, establish a reasonable per use charge for said space if the space is being regularly and {. � frequently used by the Airline, .except that such charge would not � apply when the space is being used as a substitute space at the � • � . I � � request of the County as required under provisions of 2.03 above. i 2.05 REMODELING PASSENGER TERMINAL PREMISES. j i • The County reserves the right to, at any time, undertake �� I I remodeling, enlargement, alteration, repair or relocation of �� ; Passenger Terminal Premises including the spaces demised to the '�� . Airline within and without the terminal building, provided the County substitutes for any such demised space used by the � Airline reasonable comparable or better space or spaces in `� accordance with agreement between the Airline and the County, �� and further provided that said substituted space shall be leased � � -; ,�: �+'� for the remainder of the term hereof at the same per square foot ; #: . s i �� rental rate as recited herein unless otherwise agreed to by � i� ' i � the Airline. � y It is understood and agreed by the County that such remodeling, ; _.�� alteration, repair or relocation shall be at thE expense ot the ; • County unless otherwise agreed, except that the County may incor- i�;; � I` , , porate therein parts or all of the permanent structural changes 1� of whatever nature as may have been originally purchased and i � , � : I permanently installed by the Airline. � - � ` The County agrees that before undertaking any such remodeling, i �� enlargement, alteration, repair or relocation of space leased here- ! � � i in, it shall noti•fy the Airline, be advised of the Airline's i design requirements and give consideration to meeting.such require- 1' � I t ments. The County further agrees to attempt to hold any disruption 4 � ! of or inconvenience to the Airline's activities to a minimum and . , . I the Airline agrees to make no claim for any rebate or abatement � i � of rents or claim for such temporary disruption or inconvenience y � , � -10 ' � , � ;aa�:�.:; • , �r�.n�.w; ` s t '? ' '� __ � ._��_. � ,.�.�. _ _. . �,_ s ' , t �'M`''F-a�{ . . . `�'1 � "` ' � ,� . „��%�`iM"N1...._ _ _ __""._.._...�. _.. ..._ �..._ � .�. . . .. . _... .. .......:�: ... .. .�. ij _ ��=��i�; i� caused by the project, provided that the Airline s business is not �.��:+ � � �;ar1_ .. substantially disrupted or its abilil•y to carry on its business is not substantially intcrfered with. 2.06 UTILITI�S, MAINT�NANCIi, AND CUSTODII\L S�RVIC�S. , In consideration for the rents paid, the County agrees to provide heat at its expense within the. inside areas rented herein. ' The Airline shall provide electricity, water, trash removal and -' - other utility services desired by it at its own expense. Snow � � and ice removal from the area as shown on Exhibit "A"(or where �� , Exhibit "A" is silent then three (3) feet. outside of the space � I i of the Airline, i.e., the entrance to and exits from such spaces), j i shall be � provided by the Airlin.�. �:, . � - The County also agrees to provide, at its expense, structural maintenance to said premises, including the repair of damages to the premises not resulting from abuses of the Airline or its � . � permitees' negligence or abuse. � The County further agrees to provide �on a daily basis routine � �,�� austodial care bf the common areas (janitorial services to the ! # satisfaction of the Airport Manager for the space herein demised � � being the responsibility of the Airline)including when appropriate, • but not by way of limitation, sweeping, mopping, dusting, vacuuming and trash collection ar.d, as may De required from time to time, waxing and washing. The County shall, as may in the discretion ! k� � of the Airport Manager be required, undertake from time to time � .• the painting and refinishing of walls and 'other structural parts 3 1 I of said premises (exclusive and non-exclusive) . i 2.07 SIGNS. � The Airline agrees that no signs or advertising displays � . shall be painted on or erected in any manner upon its premises without the prior written approval of the Airport Manager; and ' that signs identifying the Airline will conform to reasonable � � standards established by the Airport Manager. with respect to � type, size, design, condition and location. ; _ 1 11- . i . ,. ; ,s ?5 . , . . . . � . . l'�'i�:.�;%'_'•:a� �' . � ...,...�__..�.. . ...... _........._�_.�...,� � l.� -�'� . . . ' � � �`�`�� 51� ,,,�.�, �`�=1 . (� . • ' �� v i: . �F.�'t;_� r �!'�_:;=;�;''.� i` _ �r!`'^'''? . 2.08 V�NDSP7G MACIIIN��, � ��-��:-� • � Subject to the allowance of the number of pay telephones as G provided in paragraph 2.03 hereof, no amusement or vending machines �r o�;��r n�achines ^,�rated by coi;zs or toker.s ci�al� be• installed'or maintained in or upon the Airline's premises without pr��:: wLitt.Pn F ' approval of the Airport Manager. � � 2.09 DESTRUCTION OF PREMISES. • � � - " If by reason of any cause (other than that of the Airline) i the Airline's spaces are damaged to such an extent that such � premises are untenable in whole or in substantial part, then: , A. The County will make alI reasonable efforts to �i�' � � • provide substitute facilities, and such substitute � facilities will he made available to the Airline _ in accordance with the schedule of rentals, fees �. and charges for the use of the Airport established � and modified from time to time by the County or as � provided herein. � - .. � • i ��`� • B. If the repairs and rebuilding necessary to restore � # such premises to the condition existing prior to � . � the occurrence of the damage are, in the reasonable • judgment of the County, jsutified in the light of ,- . existing or contemplated construction programs ( and can be completed within ninety (90) days from '�a the date on which the damage occurred, the County �• shall so notify the Airline in writing and shall proceed promptly with such repairs and rebuilding i and, in such event, the rental therefor shall be t abated ro rata for the period from the date of � , , the occurrence of such damage to the date upon which E _: such repairs and rebuildinq are completed. � � . y � � C. If such repairs and rebuilding are not, in the • � 'reasonable judgment of the County, justiEied in � � , . � the li9ht of existing or contemplated construction ; � � I 3 i - -12- •• � ;.�. Y � � �;.�,�;�=�k>yyy � �'.t •�'��' �'1 • .� .._. �. ._�___......_.-�.�. I . . { r �..`:! . R�. �rt�r•;J . .. �j�:c i"�t.�.rf��'.�5."'.��`.tn.+�"ttr+iaT,;::iu•s.�..�a-_� .-.. .._ .. h . !'�'�.5,+,}:`",1;��: �� . �... .. proyr�ms, or if they cannot, in the reasonable y_„�,�R;;;"., �' :�:.Rt',`+•, � judyment of the County, be com�leted within said ��i��' �� ninety (90) days, the County, at its option, to be evidenced by notice in writing to the Airline, . � may either (1) proceed promptly with said repairs � . and rebuilding, in which event the said rental __ sha11 be abated as aforesaid, or (2? terminate the � 2ettzng thereof, in which event the said rent therefor shall be abated from and after the :� e date of the occurrence of the damage. �, D, If the Airline, its employees, aqents, invitees � � , or licensees shall. cause an damage to or destruc- k tion of any airport buildings or property the '� Airline shall so notify the Airport Manager im- ' �1 � mediately and make immediate arrangements Por ! p�,'K' restoration of said damage at the Airline's � `�?' , ; ;'.�;; expense. The Airline's rent shall not be abated � ' ;�;,;: . # ;.;,;,; ! ��. ' during repairs or rebuilding under this sub- • � � `v�� paragraph (D.) - � �`:` . 4. . ; 2.10 SURRENDER OF PREMISES. i �`-°� � The Airline covenants that at the expiration of the term .,.:,; :'1'r S .�.rv,; hereof or at the earlier termination o£ the letting thereof, 'it �;`':�• will quit and surrender all such pr•emises in good state and condition, reasonable wear and tear, Acts of God and other �� casua2t exce ted, and the Airline shall, at its ex ense,forthwith c;:r� Y P P �?� • ;��;';r; remove therefrom all equipment, trade fixtures and personal property ' ;�_-, �'��;:� belonging to it. The County shall have the right on such termina- 4,:••�' �Y:;;;. `J` tion to enter upon and take possession of such premises, with or ,;,�,: ��" without process of law, without liability for trespass. .s:i4� � � Should the Airline hoZd over the use of or continue to occupy _ �= any such premises after the termination or cancellation of the � y ,� letting hereof, such holding over shall be deemed merely a � �;,,: tenancy from month to month upon a monthly, rental in an amount � �'� � " �� equal to the monthly rental required to be paid for the month next =�: � �� prior to such termination or cancellation, and otherwise (except y4_ , -� for tlte tenn thereof) on the same aonditions as �erein or herein- � �.� � `°'�' after provided. �. • x: ��i ,;.,::�r-.� . -13- � � � • g�„��Yl�� • r . � , .-.`��,� � � ` 4 �. ::� � �W r� � y�1 - 1 {�1,-�1�}'.�� `i�.'R3(��s13.'+��aLl'1.�:�i•:?'•�.�.i.±�.;;� :i:_r.n � .�.. .>. '.SN: •-�:��.51r!!alMtltlx'.s'.11hP"tJ'aY�ifir*•r.v1�.��e:�+nvrt.�rf��e�rNTl41! Y \. . t =�,..i r . 5 5x"jr�t`, � � 7 n .. i'4:�st � PA12T II I. , ��`�� _ �:F G�N�RAL PROVISIONS 3.01 NOTICES. All notices required to be given to the County hereunder shall be in writing and shall be sent by certified mail, return receipt requested, to the Airport Manager, 506 E.'Main Street, Aspen, Colorado 81611, with a copy to the Board of County - � Commissioners of Pitkin County, Colorado at 506 E. Main Street, Aspen, Colorado 81611; all notices required to be given to the . • Airline hereunder shall be in writing and shall be sent by - certified mail, return receipt requested,to the Airline at � Hangar 5, Stapleton International Airport, Denver, CO 80207 !�� . � ,� PROVIDEll that the �+arties, or either of them, may designate in • writing from time to time the addresses of substitute o•r sup- � plementary persons in connection with said notices. The effective i day of service of any such notice shall be the date such notice '� '� is deposited in the mail to the Airline or said Manager. ?- -�.}.: � # 3.02 �REPORTS. � i i� The Airline agrees that it shall, on or before the 20th day � i ' of each and every month during the term hereof, submit to the County by delivery to the office of the Airport Manager at 506 E. tdain Street, Aspen, CO 81611, the following records of the preceding month's activities: ' . A. Aircraft landing reports listing by such date the � � � number and type of aircraft landed by the Airline � , � at the Airport, showing the total ok each such � aircraft for the preceding month. � B. Enplaned passenger report showing the monthly , � f total of revenue passengers boarding the ; � Airline's aircraft .at the Airport for the � i preceding month. Until such time as charges . • i 1 are made for use by the Airline of common • � i area5in the air terminal, the information ' rec�uired by this sub-paragraph may be delivered � � - by the Airline to the County quarterly. : a ! i • -14- �• , r ' �._��._� . y.:�:;: . f �. 'i - y - � ` "r�t'�:_� F"f I�'�}'Y'��YG�m+Ki4.' _" .�!`:::121'�Y'wi�:C=.�r...��µr... .. � �.. . .:FS%.�_ _r.�'.i.�T.u�`iwl�_i43t_a'4`a�i�a:��•'YiG;6!ilw4�+KS.°�e�tiu.u'�T'.�'�..^?:• �•5: �` 'y7 ��` ��rr`�' t� . ��1�; ::' C. All necessary statistics relating to gross t�*'+�a•'^- a , ' mai:imum allowable landing w�ights for the preceding month. Said reports shall be signed as correct by a responsible employee of the Airline. The reports shall be on a form provided by or i � • approved by the County and the County reserves the right within , � I t _ reason to ask for such further information or clarification of , i � any matter contained thereon and the Airline agrees to endeavor to i i provide such information. Such information shall be kept confi- _ • � dential for, a period of three months from the date of receipt � � � thereof and after that said information shall not be published � • alone by the County in conjunction with �he Airline or re;erence �'/ thereto, but may be published only in gross; PROVIDED, HOW�VER, k� that the fore oin restriction shall not be construed to �, g g prohibit �' the use and publication of such information combined in gross � � with similar statistics of all other air carriers utilizing � � -.. portions of the Air Terminal for purposes of determining the �',: �;- #k legitimate needs of.the Pitkin County Airport after the ex- � piration of three (3) �nonths from the receipt thereof by �, the County. 3.03 PAYMENTS. ' The P_irline agrees that it shall, with said reports (as per paragraph 3.02 above), transmit their payment for the following: � ( s . A. Charges for use of Public Airfield Facilities for . the preceding month as set out in paragraph 1.05 � � 3 above, and � B. Any other charges for services as negotiated by , s • i the County and the Airline for the use of space, f services or for other purposes including, but � I not by way of limitation, all Police Secur•ity t! . � 1 charqes provided by the County of Pitkin, State � i � � � s of Colorado, as required by the I'ederal Aviation { Administration, or as may be specifically requested � � by the Airline. . � t ; r S.; —15— �' i;;°,'?!';' � ::.` _ 1 .'_.,e. �,.:� . ' . c :� j,� { T::': .�-� ' . ' . �� . �' •.r.aw,y��, :w i';�.fi=i�r�at>w 3:..:. r c .-.:,�.:..�:_. >.:�' -,. .. :.,,: -..-o--:_ .,.�...._...,_..... _ � _ ...�.,: ..,.. � . �s.;:::�y��-: All such pnyments shc�11 be sent to the County acldress as noted in "��,��-�'��r.:S�`�: t � Paragr.aph 3.01 above, or as otherwise clirected in writing by the County. �7� .. The nir.line shall pay a rental monthly for the exclusive use areas in advance in the following amounc : lst year - $6,497.50/month _ ' • i ' €. . i on the first (lst) day of each and every month during the term hereof. All late payments shall bear interest at the rate of twenty-four (24�) � 'f i per cent per annum and interest shall be due and payable without demand. t;. 3,04 .INDEMNTFSCATION. I The Airline agrees to release and to indemnify and saae harmless ' �: "• the County, its officers, agents and employees, from and against any �P - �; and all loss of or damage to property, or injuries to, or death of, .�' any person or � persons, including property and officers, employees and _ '� . � �,'�� agents of the County, and from any and a11 claims, damages, 'suits, , ,: �- #�.; . . '� �` costs, expenses, liability, actions or proceedings of any Icind or :' ; [:`- nature whatsoever, of or by anyone whomsoever, in any way resulting i , from, or arising out of, the negligent acts and omissions and '� � wrongful conduct o£ officers, employees, agents, contractors, and �'°i . i �. sub-contractors of the Airline. 4`;: The County agrees to release and indemnify and save harmless the ' • � Airline, its officers, agents and employees, from and against any and }''- all loss of or dama e to ;� g property, or injuries to, or death of, any ��`4, person or persons, including property and officers, employees and � k,, �,fi, agents of the Airline, and from any and alI claims, dama_qes, suits, ,;,•, `�� costs, e xneses liabilit , actions or _ p , y proceedings of any kind or t'��;` -q. nature whatsoever, of or by anyone whomsoever, in any way resulting � from, or arising out of, the negligent acts and omissions and wrong- � "` ful conduct of officers, employees, agehts, contractors, and sub- � ',-� contractors of the County. i z;= The Parties agree that (a) each need not release, save harmless or indemnify the other against damage to or loss of property, or injury to � •'�- or death of persons, caused by the sole negligence of the other party, i y;>: its officers, employees, contractors and agents�• and (b) each will give ' prom�t notice to the other of any cl�im or suit and th=: Airline shall . �� l�ive the right to compronrise the same to tlie ext•e:nt of its own ini:ci-cst, � -1G- � . �� . ; ��`._, r� . � t.-�� - � -._�;: ;:; I "" �f`� � •, ��%�c � �< ,��.� .� -_ _ _ ,,� -., �, �,.. �. (� .1•�lW.1S4YSe�W:7�' .4�..:1 JNu�wN�v♦ -.�S� ..uiW':i�.:.,_.s:v.�..;;�«;:rri:..x..:�.�`i�St.rs�iF;:is�i.;c+�ru.. �.,�,L,_ ' ' r ' ��'t i.: : . �._�.,,,.�.,.+. �` �ti� - ' iri+• ,l;� . �:`�' .:,.� p� 3.05 I1J5UftTNCE. • �� _ The Airline agrees that at all times duriny the term hereof or any extension hercof, it shall maintain in force such bodily injury and property damage insurance as r,iay be required as a condition of any operating certificates that it is required to G . 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 one million dollars ($1,000,000.00) for ' liability and four hundred thousand dollars ($400,000.00) for ; � property damage and shall further specifically maintain in force � ' workmer:'s compensation insurance for all of its employees at �, said Airport. All policies of insurance so maintained, except � workmen's compensation insurance, shall name the County of j ' � , •• Pitkin, State of Colorado, as a co-insured thereunder. The � , County shall maintain, at its expense, fire and extended coverage �., t_ insurance upon the Air Terminal. � #`, ' i 3.06 LAWS AND REGUI,ATIONS. � � � �t As a condition of this Agreement, the Airline agrees to � b �cause its officers, employees, and any qther persons over whom it i4 has control to obey and comply with all existing and future i laws, and all lawful directives, conditions of certificates, I , and rules and regulations adopted, promulgated, or ordered by � � � � the United States Government or any of its agencies, State of � 1 Colorado, or any of its ageacies or political subdivisions in- E � cluding, but not by way of limitation, the reasonable rules and J � regulations of the County, all as may affect the Airline and its � operations and activities in and at the Airport. ' The Airline agrees that all leased gates and doors leading ! i �to their Air Operations Area will be either locked or controlled � at all times and that no unauthorized f � personnel and/or vehicles ! � will be permitted on their Air Operations Area. This area shall . ; t i consist of ap�roximately (l�pp o square yards of ramp area, located � , , i oi� the soutli side of their exclusive terminal a�ea and is cross- i hatched in red on the attached Exhibit "T", i � '.•. i + . -17- � F �,1 _ ,'.}',lj � , ; �t, � ';y . _�Ey k;':�: �A�- �'1 . � � � r'�r.+ \ . .. . .. . .. .. .. .:.�T�� 7 .?:Yr , . � � "P'1 .i.:,..i.e�Cu�.trw " r��~w�_..f:�:.:u:i..t.a,.t�,�c.:u..� , �s!;.c'4-�.w, ::�.K. 'LU?~$SS.�;��L. a�.hsi.a � ,.:+4 �j+' . �1 f �wr°: ^t•*!��fit�+ tt , e.�.�" s4� �. Y 1°.. t,1LG�.• +.hiii�ri'+��ifb��.��..:��;.�Y.)3H'�fY� . � ^t . j� � ; I�a�.M��.' . .. `:s:S A�".t-. .:. �� Ail air freight customers will be escorted on the Air Upera- E � � tions Area �by Airline personnel. (The method of detectinq unau- � thorized personnel within the 1�irline's exclusive Air Operations � Area shall be by personal recognition and/or a securii:y pass i E inspection} , ` � �. Should any violation, attempted violation or emergency , ; , . -- occur, the airport management or the designated airport securi.ty , � officer shall be notified .immediately. The method of noti£ication � shall be verbal, followed up with a written report. In the event � . ' that the airport management or airport security officer is not � available, the Pitkin County Sheriff's Department shall be �` I�` ' i, . notified. ' , The Airline shall be responsible for.and pap any and all fines . � imposed by the F.A.A. as a result of security violations with the e , Airline's use area iterminal or ramp) without regard as to whether ;� or not committed by the Airline's employees, agents, or invitees. � �_ � �, '��:� This includes, but is not limited to, open or unlocked cjates or # doors, unauthorized personnel, unauthorized and/or unescorted �,, . vehicles. � 3.07 NO DISCRIMINATION - (FAA DIRECTIVE) . � � The parties hereto covenant and agree that {1? �no person on the ' � qrounds of race, colour or national origin shall be excluded £rom ��; t participation in, denied the benefits of, or be othercaise subjected '#� t i .. i to discrimination in the use of said facilities, (2) that in the i construction of any improvements, on, over, or under such Zand � , and the furnishing of services thereon, no person on the grounds i F of race, colour, or national origin shall be �excluded from parti- 1T f cipation in, denied the benefits of, or otherwise be suhjected to ' � i t ;, discrimination, (3) that the parties shall use the premises in � P E , ,� compliance with all other requirements imposed by or pursuant to i i �Title 49, Code of Federal Regulations, Department of Transportation, ` - Subtitle A, Office of the Secretary, Part 21 - Nondiscrimination � _ � in Federally-assisted programs of the Department of Transportation - ? � i Effectuatioil of Title VI of the Civil Rights Act of 19G4, and as � said Regulations may be amended. . i � -��.d� ti :X, :a ' -18 ,. _ 4•; ';:;;.,:.�� . , I - 1 1 Nfi �>r k � �1 .,- q , . , ' .a*�� t C �e.� ..^.x. �5�.;:.A��r ti+,e� ". - "-^: 1� ��'�s!-'..L.�.`.:�:..i�i✓.k'21x�._�....,_ ..r+..G�.wx.',n:..i.r� -: . a:.....�..:��,...._...�.e....__. ... .. . ....�. t;� . �x��f,T�: ;�; E�,,f:�;°.;:-; - The Airline assures that it will undertake an affirmative �*��'�'-. �.x,,.. .. �.,� •�x14..�.,��:.:. action proqram as requixed by CFR Part 152, Subpart E, to insure � . that no person shall on the yrounds of race, creed, colour, narional origin, or sex be excludcd fxom particxpating in any ' employment activitics covered in 14 CFR Part I52,. Subpart E. ka The Airline assures that no person shall be excluded on these ?` grounds from participating in or receiving the services or bene- . fits oE any program or activity covered by this subpar�. The Airline assures fhat it will require that its covered suborgani- zations provide assurances to the County that they similarly wiil z� • "�, undertake affirmative action programs and that they will require �� R • �" assurances from their suborganizations, as required by 1� CFR • Part 152, Subpart E, to the same effect. ��: 3.08 PURCHASES BY THE AIRLINE. '�� Property, services and materials (except as •otherwise pro- �., � ��,.-`: vided in this Use and Lease Agreement) may be purchased or other- � wise obtained by the Airline from any person or corporation of its i —#'�"' � '� choice, and no unjust or unreasonable discriminatory limitations, . i :`_ # '% restrictions, charges or conditions shall be imposed by the County, ; ��:`'^ against the Airline or its suppliers, for the privilege of purchasing, � i -•::r;t�' selling,' using, storing, withdzawing, handling, consuming, loading, � �:-�, ' -?"";. unloading, or delivering any personal property of the Airline by �;';-;� the Airline or its suppliers. on the premises qranted £or such - ;:,}:;: use, or for theprivilege of transporting such personal property " !�a'a �:e to, from or on the Airport, subject to reasonable rules and ;�v�� ' ��;� regulations for traffic control and security. � �i��. � �h':�> �,a;-, It is understood and agreed by the County that the landing �i ti°i . x'"�.,�`*s,?. C1,_, fees charges as provided herein are scle charges made for the ,tRy :�; rights and privileges as set out in Part I hereof, and that any . > `� supplier of fuel used in the exercise of said rights by the Air- �j 1 A� line shall not be required to pay for the right to sell and � �r=' � deliver that fuel to the Airline, except that it is understood ' fi � and agreed by the Airline that the County may impose reasonable ; a�� I r�gulations for the secure and safe hanciling of said fuel b5� any � '�',. i • such supplier as are consistent with Federal Aviation Administra- � x; ' � 1 tion rec�ulations or requirements respecting the .same. , �4 � rt.= "� .ae�4.t -19- ,`fisi;: . �rp��: ' •- c.�t. �ry'� ... . . . . .�1��y a • � � . . �• ... ^�•) . � � �; ,,-i , � . 1. <,i l �°; G`� 0., : : i?� . f� ��.YS��trG�RH'ST�3N'�'..��i.,•. r<:......�_..__�.f . _...w`._.J.__,n[a�... �.M.Y'.'.•.A.f.`i1:7r'�wCw...+rr..w:LY.i`i�-wr�r.:fG,�s....�+w+:..5�_lW::�� ]'��a. � ��M'� .. �i ' S7'�s �;, +��Y.�... . r;,.. �':'� . , �� ti;.,,.:.'. °' No charye shall be made under the provisions of this parayraph � � 3.OB for the maintenance of operating material, su�plies or service of a non-recurring nature. � 3.09 COVENI�NT NOT TO GRF�NT MORE FAVOURP.BLE TERMS. i �• The County covenants and agrees not to enter into any lease, ; . i contract or agreement with any other Air Carrier and/or air taxi . _ i service with respect to the Airport containing more favourable ' terms than this lease or to grant to any other Air Carrier rights, ; I privileges and concessions with respect to said Airport which i � � ,k are not accorded to the Airline hereunder, unless the same � � � rights, privileges and concessions are concurrently and auto- �' �� . matically made available to the Airline: • 3.10 CANCELLATION BY THE COUAiTY. � ��' In the event that the Airline shall file a voluntary peti- � tion in bankruptcy or that proceedings in bankruptcy shall be � � instituted against it and the Airline thereafter is adjudicated ''�•�' bankru t � � ;: p pursuant to such proceedings, or,that the court shall i � _ take jurisdiction af the Airline and its assets pursuant to • ! �;"' i p: proceedings brought under the provision of any Federal reorgani- G :� zation act, or that a receiver of the Airline's assets shall be i '°; appointed, or that the Airline shall be divested of its estate ! ��.' i - , herein by other operation of law, or that the Airline shall fail I to perform, keep and observe any of the terms, covenants or ; . i � �, conditions herein contained, on its part to be performed, the � f�: .4 County may give the Airline written notice to correct such con- �: �: j w dition or cure such default and, if any such condition or default j � : �` shall continue for thirty (30) days after the receipt of such ! t : notice (three (3). days for nonpayment of fees and charges) by � the Airline the Count ma � , y y, 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 the Airline has undertaken action to correct i such condition or cure such default, and the same can be cured, f � and is proceeding expeditiously thereat, the Use and Lease � � i Agrecment sliall nol- l�e cancelled (eacept for nonpaymenc of fees ` � -7.0- `� y .� �»� .'' , � ,s . �.,��i . � °�:�1 �`F t.'� k :. _ Y .. �'°'\�C��Fi::,.:..H�a��i�§i�.._r�i 6 K: ..,_�....x:�_.,..�i�� ...... �__ .vtJ;�.._�.?,-.��i»�.�vai:ik3s:r7'�.rG,�.�:ne::�,��»ii;i:.�..w.yt+o.;:.,.{�lat i o ([ r {.* . �:�P�r�� q ':'1 �.rS`,: ��'.�;'S��..�� E or. ch<ir.yes) . Termination under this paragraph shal.l be construed "`' � � . as a termination of the rights of the Airline under both Parts I and II hereoi, ihe two parts being mutuaily interdependent, PROVIDED . that the same shall no.t be construed to prohibit use o£ the Public Airfield Facilities by the Airline in accord of Federal Aviation ; Administration Regulations respecting use of the Aspen/Pitkin County Airport. . 3.11 CANCELLATION BY THF. AIRLINE. � The Airline may cancel this Agreement, and terminate its � � obligations (except those accrued prior to the date of termina- , � tion) hereunder at any time, by sixty (60) days' written notice, ��$ �`, . upon o•r after the happening of any one of the following events: '� { The termination or suspension of all the Airline's certificates of public convenience and necessity or other required authority � i ' for the carriage ofmail, passengers, and property to, from, or i �� ,r� through Aspen, Colorado metropolitan area or its environs; issuance fj by any court of competent jurisdiction of a permanent injunction �t �j 'in any way preventing or restraining the use of said Airport for �; purposes that would prevent all of the Airline's operations; �� . the breach by the County of any of the covenants or agreements � contained herein and the failure of the County 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 '�` tr the County has undertaken action to correct such condition or i � cure such default, the same can be cured and is proceeding ex- i � i � peditiously thereat, the Use and Lease Agreement shall not be ; cancelled); the inability of the Airline to use the public air- ''� � �. _ + field facilities continuing for a longer period than sixty (60) � days due to earthquake or other casualty; or the total subordina- tion of the rights to the public airfield as set out in paragraph ' � I.07 above. Cancellation by the Airline under this paragraph � of this Agreement shall be termination of the rights of the � •" � � � Airline under both Parts I and II hereof, the two parts being mutually interdependent; PROVID�D that the same shall not be � � construed to prohibit use of the PuUlic Airfield I'acilities by ! ' � the Airline in zccord of Federal Aviation Administration � ; -21- �,;�,,, ,t,�,,.;.. ' 3 . �''� 1 ��,'�. . i' - t,�. �:�' . . � _ '� °f;� �,. ;: t � .,� �1.. '�^•;a•y�.:�F:�k..d.-e.,;Ya.::-f�GC�7.r�fi.. . . . .._.._... ., ......,. ._.��.,...._w,_.T...:._-�__---- � � � � .. � -..• -.__..�.,... . _ �;,�,k�'y Rv' � '�y°�', io+`��. • �.R.��.:' ':. F.e3ulations respecl•ing the use of the Aspen/Pitkin County 1lirport. ' �"'�-a'"" � The provisions hereinabove contained shall be in addition to those provided for in paragraphs 1.03 and 1.05 hereof but like- wise, a termination under said paragraphs 1.03 and 1.05 shall terminate both parts hereof. ' 3.12 PROPOSED COUP]TY TRANSPORTI�TION SYSTEM. - The Airline acknowledges that it understands that the County � is consideri::; thc construction and operation of a public mass ground transit system which may restrict or pronibit private ' j i vehicular (including rental cars, and employee parking to the „ i � extent that the same may be practically used by the Airline's �� employEes) access to the Airport. The County agrees that in the t�, t event it shall construct such a system, there shall be no ' ; � restriction upon the access to the demised premises for� such service j �� i . �� .• and/or utility vehicles as are necessary incident to the business ;� �. 1 n;�. of the Airline, nor shall there be any restriction placed upon "'f'�: the pickup or delivery of freight by ground carrier services # ';; and/or private individuals, or the access to and from the Airport t i� for ground transportation in lieu of the Airline's regularly I c` .; scheduled operation occasioned by inclement weather or other emergency as provided in paragraph 2.03 hereof. � 3.13 ASSIGNMENT. • � The Airline understands and agrees that the assignment or � � .; transfer o£ any rights or promises granted under this lease i �� shall be made only upon the.specific written permission of C� �� ;;, the County or in accordance with the terms of this Use and ; � . ! Lease Agreement. . i 3.19 THIRD PARTIES. ' �$s�3 t This Use and Lease Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, � . except to parties to whom the Airline may assign this Use and Lease � Agreement in accordance with the specific written permission of . , i the County, and excepting any successor to the County, any rights to claim damages or to bring any suit, action or other proceeding � against either the County or the Airline because of any breach � � . hereof or because of any of the terms, covenants; agreements or con�liti.ons herei:: contained. r- . .. ,. ;4I; -22- :i. . _ . . ' _;�ag�,?n.,, ' -�''. " ? 'J'. y:� ;`,:;, ��:j ,-� `s;��t,z,.ar 6 . r� ;; -'� � i,r`��• �1_I �1 �~��'�&K'.�.`�.S��iit�l:�+,ji��:yti+'a�c��....�7:,,.�it.�_.�.�:.i.�..�.:-..��is�<�"n:s''M+a'�d"": i".f�."tilei7s"+wia:r�`Jr.�ieY�`'ici.'x�i��i `) �. � . �iu�;, � , � ��t` i. �ir'Nfia � 3..15 WAIVL•'R. No waiver of default by either party of any oL- the terms, . 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 condi- ! ! • . � tions herein contained, to be performed, kept and observed by the I . - other party. ' i 3.16 AGREEMENT MADE IN COLORADO. . THTS AGREEMENT shall be deemed to be made in and construed in � accordance iaith the laws of the State of Colorado. �� , � IN WITNESS WHEREOF, the parties have executed these presents '�� ;i • by their duly authorized officers on the�day and year first above � • ,. written. � � i' � i :i ' i. � • 4 :i PARTY OF THE FIRST PART F'� - BOARD OF COUNTY COMMISSIONERS � �y! ' OF PITKIN COUNTY, COLORADO � �, —�..�� _ `: ATTEST; �� ' . BY: ' �� ' � Chairman ; /}//.J---� . / I i a � <-.� �"�( `_� �' --�. , . . r� �. � PARTY OF THE SECOND PART t3 �. _ , y ��. / � i� � L/ ,) ATTEST: g�,; � /�`�----� � i � � ' P esident � ��- � ; � � , �- APPROVED AS TO FORM n*�^ �nwim�pim� � �. , � � t ' � � � � a5 ndra-�M�-��ler � . . Pitkin County Attorney . ,. • � � i ;� ! � � � � ! :'_ � � i .. .;. .,:....;. . ... :.. . ._..._....._._.. .t . ,:�.; -23- �:'. �� .. �� . �'' . �..n�.� � � ;_:�` ,; � '�.�;' �� r =, . t r v, � �,1 r,�. . fj �:rc��.�.7�M.,YNM46f:�zG:�,.«1A�{ �i .� r.i i .. ....��.. , r:�- � �M}�S'f_h'T' ,, -_ s�"'4�-."'� �4 4.�a.�S:�.i._ c.-r.:n❑�n �.. '6i,1:i3��!no-iti,�S•Ji.+..+E�s� x�..r�...iS„f►.:4�f,t�.._..v..��..:5��.L�... .:L,�r-•� I�ti�rlv :` S� . /. p .'+,, j� �' ' "' �` ��.t,.��,�,:..; , _ -• . .. �� i�.<<s�< ,� �'� 1 N -� . \ l� ii r.'t I'�. . N l: N ��-~` �J. �� IL �� \ \ � . v � �� F v 1 d � > ra n ` rv n ^ � ' p � f° \. 9 N N d •C 1 � � ^ 'O• • ' � 4 , _a ��:, m u '.u--- °' .� o " __/ ' ` � � � ' . \ . .". 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