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Home My WebLink Aboutbocc.ord.029.1995AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A MASTER GROUND LEASE WITH THE UNITED STATES OF AMERICA- DEPARTMENT OF TRANSPORTATION (DOT)/ FEDERAL AVIATION ADMINISTRATION (FAA) FOR THE POSITIONING OF EQUIPMENT PROVIDED AND OPERATED BY THE FAA AT THE ASPEN /PITKIN COUNTY AIRPORT MOST SPECIFICALLY: THE RUNWAY END IDENTIFIER LIGHTS (REIL'S) WITH MASTER UNIT AND POWER SUPPLY; THE VISUAL APPROACH SLOPE INDICATORS (VASI); AND THE CENTERFIELD WIND SITE (CFW) & REMOTE READING HYGROTHERMOMETER (RRH) AND THE INSTALLATION, MAINTENANCE, REPAIR OR REPLACEMENT OF RELATED FACILITIES, ANTENNAS, EQUIPMENT AS SPECIFIED A 41 Ordinance No. 1995 - 1. Pitkin County, a Colorado home -rule county, is the owner, sponsor and operator of the Aspen /Pitkin County Airport (Sardy Field) , located in the vicinity of Aspen, Colorado, and has the authority to regulate commercial activities and to lease and license space at the Airport, pursuant to, inter alia C.R.S. 41 -4- 101 et s 30 -35 -202, Title IV of the Pitkin County Code, and Section 8.7 of the Pitkin County Home Rule Charter; and 2. The County has authority to regulate activities on Airport property, to enforce these regulations and to set and collect fees for these commercial activities, pursuant to, inter alia C.R.S 41- 4 - 101, et s ea ., and the Pitkin County Airport Regulations (Title IV, Pitkin County Code); THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO: Section 1 That the Master Ground Lease NO. DTF All -95 -L- 15598, as attached hereto as Exhibit " and is incorporated herein by this reference, is hereby approved and adopted according to the stated terms and conditions. Section 2 That the Chair (or Vice- Chair) of the Board of County Commissioners is hereby authorized and directed to execute on behalf of the County the subject Agreement and any other documents necessary to accomplish the transactions that have been approved as to form by the County Attorney. Section 3 That a copy of this Ordinance, including all Exhibits, shall be kept for public inspection to the time of the public Hearing hereon during regular business hours in the office of the Director of •� T �r 1 Syr t AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A MASTER GROUND LEASE WITH THE UNITED STATES OF AMERICA- DEPARTMENT OF TRANSPORTATION (DOT)/ FEDERAL AVIATION ADMINISTRATION (FAA) FOR THE POSITIONING OF EQUIPMENT PROVIDED AND OPERATED BY THE FAA AT THE ASPEN /PITKIN COUNTY AIRPORT MOST SPECIFICALLY: THE RUNWAY END IDENTIFIER LIGHTS (REIL'S) WITH MASTER UNIT AND POWER SUPPLY; THE VISUAL APPROACH SLOPE INDICATORS (VASI); AND THE CENTERFIELD WIND SITE (CFW) & REMOTE READING HYGROTHERMOMETER (RRH) AND THE INSTALLATION, MAINTENANCE, REPAIR OR REPLACEMENT OF RELATED FACILITIES, ANTENNAS, EQUIPMENT AS SPECIFIED A 41 Ordinance No. 1995 - 1. Pitkin County, a Colorado home -rule county, is the owner, sponsor and operator of the Aspen /Pitkin County Airport (Sardy Field) , located in the vicinity of Aspen, Colorado, and has the authority to regulate commercial activities and to lease and license space at the Airport, pursuant to, inter alia C.R.S. 41 -4- 101 et s 30 -35 -202, Title IV of the Pitkin County Code, and Section 8.7 of the Pitkin County Home Rule Charter; and 2. The County has authority to regulate activities on Airport property, to enforce these regulations and to set and collect fees for these commercial activities, pursuant to, inter alia C.R.S 41- 4 - 101, et s ea ., and the Pitkin County Airport Regulations (Title IV, Pitkin County Code); THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO: Section 1 That the Master Ground Lease NO. DTF All -95 -L- 15598, as attached hereto as Exhibit " and is incorporated herein by this reference, is hereby approved and adopted according to the stated terms and conditions. Section 2 That the Chair (or Vice- Chair) of the Board of County Commissioners is hereby authorized and directed to execute on behalf of the County the subject Agreement and any other documents necessary to accomplish the transactions that have been approved as to form by the County Attorney. Section 3 That a copy of this Ordinance, including all Exhibits, shall be kept for public inspection to the time of the public Hearing hereon during regular business hours in the office of the Director of •� T �r 1 it 1 d. z rt: 3.,3i�'► »Iikt �ts.; t Z+r:r. ;r G::. _ ,. lPfbft;a Aviation, Aspen /Pitkin County Airport, 0233 East Airport Road, Suite A, Aspen, Colorado 81611. Section 4 That a public Hearing on this Ordinance shall be duly- noticed and held as provided by law. 3 1—N I t. a , �I . '�.+%f FI (', 1lj"•i 5 , , ,"' . .� ,113 3 iSS .a« •� r. �., RIl r_ IY If Y 1 �1.. k. �t411 j: J• µ s !. • � � .��' ;' ,y;� r �f,._ 4 }� 1 ; � �+. 1,z.... r'� ' ,,,�,�b f . �/ �t { ,b V � � ,t `rGj�ni DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NORTHWEST MOUNTAIN REGION 1601 LIND AVENUE S.W. RENTON, WASHINGTON 98055 -4056 MASTER GROUND LEASE NO. DTFAII -95 -L- 15598 BETWEEN ASPEN /PITKIN COUNTY AIRPORT I:WI� THE UNITED STATES OF AMERICA THIS LEASE is made and entered into by the Aspen/Pitkin County Airport, for itself, its successors and assigns, hereinafter referred to as the Lessor, and the United States of America, hereinafter referred to as the Government. WHEREAS, in the past the Lessor and the Government have entered into land lease agreements providing for the construction, operation and maintenance of Government owned navigational aid systems on the Lessor's land at Aspen/Pitkin County Airport in Aspen, Colorado; and WHEREAS, the parties now wish to incorporate the current existing leases into one Master Ground Lease and provide a mechanism for adding or deleting leased parcels to and from the C Master Lease as other navigational aid systems are required at the airport or existing navigational aid systems are decommissioned and removed. NOW THEREFORE, the parties do hereby enter into a Master Ground Lease. WITNESSETH The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. TERM AND DESCRIPTION OF LEASED PREMISES. Beginning upon the effective date of the lease, and continuing until such time as the Government terminates this lease, the Lessor hereby leases to the Government the following described property, hereinafter referred to as the "Leased Premises "' viz: Certain parcels of land at Aspen/Pitkin County Airport which are more particularly described in the "Exhibits" attached hereto and made a part hereof. y w ' t: 1 1� t i 1 il:: e^ �+t�r +X£�: .i; t� . • .fe bM �;. .« t�: • r, : Lease No. DTFA11 -95 -L -15598 Page No. 2 (a) Together with a right -of -way for ingress to and egress from the premises; a right -of- way for establishing and maintaining a pole line or pole lines for extending electrical power and /or telecommunication lines to the premises; and a right -of -way for subsurface power, communication and /or water lines to the premises; all rights -of -way to be over the said lands and adjoining lands of the Lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. The Lessor shall have the right to review and approve plans covering access and utility rights -of -way as permitted under this paragraph. Lessors approval shall not be unreasonably withheld. (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. The Lessor shall have the right to review and approve plans covering work permitted under this paragraph. Lessor's approval shall not be unreasonably withheld. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. The Lessor shall have the right to review and approve plans covering work permitted under this paragraph. Lessor's approval shall not be unreasonably withheld. (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the facilities. 2. SUPERSEDED LEASES. The following leases between the parties hereto are superseded by this Master Ground Lease and shall expire upon the date of execution of this document by the Government. The existing leased sites are incorporated into this Master Ground Lease under the exhibit number referenced below. Associated restrictive easements and unique conditions of use, if any, relating to each individual navigational aid system are also set forth under the referenced exhibit, or have been incorporated into the Master Lease. w a 6', ►�i � 1 t 1 P t w a 6', ►�i � 1 t 1 P t i Lease No. DTFA I 1-95-L-15598 Page No. 3 x ' GSA Control #s Exhibit No. Lease No. Navigational aid --h DTFA13-81-L-00229 CFW & RRH 08220 1 DOT-FA75RM-0711 REIL RW15 08147 2 DOT-FA76RM-0457 VASI 08192 3 3. LEASE OR EXHIBIT CHANGES. Changes to the terms and conditions of the Master Lease shall be made by supplemental lease agreement and approved by.both the Lessor and the Government. Changes to the lease exhibits shall not require a supplemental lease agreement but will be accomplished instead by approval of the new, revised or deleted exhibit itself. Exhibit changes 4 must be approved by both the Lessor and the Government. Tq 4. PURPOSE, It is understood and agreed that the use of the herein described premises shall be directly related to the Government's activities in support of the operation of the Aspen/Pitkin County Airport. 5. CONSIDERATION. The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation, and maintenance of facilities upon the premises hereby leased. 6. TITLE TO IMPROVEMENTS. Title to the improvements constructed for use by the Government during the term of this lease or any re newal thereof shall be in the name of the Government. 7.* TERMINATION. The Government may terminate this lease, in whole or in part, at any time by giving at least thirty ail. (30) days notice in writing to the Lessor. Said notice shall be sent by certified or registered rn � sr ° i a". ' ,. ,.. v,a ,.F. <`as« .. —' "•"'�x,s,., ^.,r•,wv't>.{;.'r �tF't: Lease No. DTFA11 -95 -L -15598 8. RESTORATION. Page No. 4 Upon termination of the Government's occupancy of the leased site(s), the Lessor and the Government shall enter into an agreement, under mutually acceptable terms, whereby the Government may abandon in place any or all structures and equipment owned by the Government. Such abandoned structures and equipment, at the option of the Lessor, shall become the property of the Lessor. Notice of abandonment and conveyance of title by the Government to the Lessor shall be in writing, 60 days prior to conveyance of title. In the event Lessor does not accept such conveyance of title, the Government shall remove such abandoned structures and equipment and return the leased premises to their original condition. 9. HAZARDOUS SUBSTANCE CONTAMINATION C. Tile Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and /or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and /or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 10. INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this Lease unless consent hereto shall first be secured from the Government in writing. Such consent shall not be unreasonably withheld by the Government. 11. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this Lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and /or operational characteristics of the Government facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by mutual agreement between the parties. i ! . 4 - t '4 :a � �,F a In Lease No. DTFA I 1-95-L- 15598 12. CLAUSES INCORPORATED BY REFERENCE. Page No. 5 This lease incorporates the following Federal Acquisition Regulation (48 CFR, Chapter 1) clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their text available. 52.203-1 OFFICIALS NOT TO BENEFIT (APR 1984) 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT (APR 1984) FEES. 52.203-7 ANTI-KICKBAC K PROCEDURES. (JUL 1995) 52.233-1 DISPUTES (MAR 1994) 13. NOTICES. All notices shall be in writing and sent by United States Certified or Registered mail, return receipt requested, and shall be addressed as follows (or to such other address as either party may designate from time to time by n otice to the other): TO LESSOR: Mr. Scott Smith Director of Aviation Aspen/Pitkin County Airport -2033 - East Airport Road, Suite A Aspen, Colorado 81611 Tel: J3. 3)920 -5384 T O GOVERNMENT: Federal Aviation Administration Northwest Mountain Region, ANM-56 1601 Lind Avenue S. W. Renton, Washington 98055-4056 Tel:(206) 227-2056 General correspondence may be forwarded to the above address via first class mail. �ti ; �ry ,�y •. k J ll ,,fi�gg �.�77, ti .,� l w bola' `� x'1+'r•f. e'X pn. .G ',Itt .']i6� 0.w'v�IRPJ'f`��j r F;° MAY 28 1 96 02:31PM PITKIN CNTY AIRPORT. •. Lease No. DTFA 11 - 95 - L - 15598 • ,. P.3,. ti' •• a' 1• - Page No 6 Lease No. DTFA11 -95 -L -15598 ; ,,4 p • , Page No. 7 , I w�� r. Lease No. DTFAI 1 -95 -L -15598 Page No. 8 ,., List of Exhibits Exhibit Facility Exhibit GSA Type of Date of Exh. . No. Descri . Cont. No. Exh. Change Chance ` • Ty I CFW /RRH Legal Des. r i 2 REIL RW 15 Legal Des. al a 3 VASI Legal Des.f y y .r A f i 1, ry t f - t� I w�� % � h .r , Y? ^_ , i :..'i�r�I X31a�N�fti9�'�J: i,_ ,. ,�" .'k +'t,. r6'z�' +�;: '"''�`'' /n..._ .+I9f' ' � �.:'...e:'_ • �t�i... ., �� fix. C EXHIBIT NO. 3 ,» 1 Visual Approach Slope Indicator (VAST > Legal Description f r � � w GSA #08192 NW 1 /4 of Section 34, T 9 S, R 85 W, of the 6th P.M., Pitkin County, x • .. Y j - - Two tracts of land in the T Colorado, and more particularly described as follows: ; Commencing at a point located on centerline and at the Plot No. 1: Downwind Li Tht Bar: 15, Sardy Field, Aspen, Colorado, proceed S 20 °26' E, 425 feet along 1 threshold of Runway thence N N 69 °34' E, 70 feet to the point of beginning,; runway centerline to a point, thence 50 feet to a 0 26' 50 feet to a point; thence S 69 °34' W, 69 °34' E, 50 feet to a point; thence S 20 E, °26' 50 feet to the point of beginning, containing 0.06 acres, more or less. point, thence N 20 W, All bearings are true. Commencing at a point located on centerline and at the threshold Plot No. 2 - Up wind Li ht Bar: Colorado, proceed S 20'26'E, 1125 feet along, ru y of Runway 15, Sardy Field, Aspen, thence N 69 °34' E, 50 °34' 70 feet to of centerline to a point; thence N 69 E, °26' 50 feet to a t S 6934 W, feet to a point; thence « feet to a point; the nce S 20 E, point; 0.06 acres, more or less. All bearings N 20 50 feet to the point of beginning, containing are true. ' � t � l - ..cam__'•- -.'-.— - .. f` t s r � l s s � { F 1 ".,` u, Gs``+? +ni�liF+`»`}�SP�.YA,i2�`°f.R �kti,�•�"�.{v k��ilw:; } i��(r 4 c 4 t T. I ISiII,(31 �J Y e 1 � i a�