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Home My WebLink Aboutbocc.con.058.1981 i;� , -'; . � � . �� T�E �'�'� . .. �I$�r� ... _.._ ..�-....�_,.._..�.�. _,... ,.-_. .__«. .._..... _....... .._..-:�.u....,u...�m.«.urw...+x.z��::ur.i^.r.:.�s.�aduv^ise�rrr^:�w... _ . ... . . . . ... ..... ... , �.. ��Z�i 1_, � i� t.i„ �v�s;:.; �j� . � �`�:�•��_�-.,�� . • USE AND L'EPiSE AGREEMENT �' - - CA 58(81) THIS AGREEMENT, made and entered into this 27th day of July, 1981, by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN = i COUNTY, COLORADO, a body corporate and politic and constituting �_ s . a political subdivision of the State of Colorado, being the + governing body of the Aspen/Pitkin County (Sardy Field) Airport, hereinafter referred to as "County", Party of the First Part, and ' � TAD LATHROP, d/b/a ASPEN BARNSTORMING COMPANY, hereinafter referred to as "Lessee", Party of the Second Part; � � 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 ° Pitkin County in the vicinity of Aspen, Colorado (hereinafter � �. `� sometimes referred to as the "Airport"); and �+�'� WHEREAS, Lessee intends to operate non-scheduled aircraft � � rides, and wishes to occupy space on the Aspen Airport to s 3 operate the same; and WHEREAS, arrangements have been made between the County for the use by Lessee of a portion of certain Airport ramp space, provided such use shall be for a limited period and subject to certain limitations on use; � ;;. . NOW, THEREFORE, for and in consideration of the mutual f �. �' covenants and agreements herein contained, the Countyyand Lessee ;� S do hereby mutually undertake, promise and agree, each for itself � and its successors and assigns, as £ollows: �a ti Part I � - LESSEE OPERATING AREA � 1 :� { � 1.01 L'etting 'of Non-Exclusive' and 5't'orage Areas. , . � The County does hereby demise and let to Lessee the non- �� >i - . ;; exclusive use of the ramp area adjacent to and south of the ;; � T-Hangar building necessary for the expeditious loading and � � I unloading of passengers. ; � 3 � !j � .��,�� _ , _ , �:,°: -x,j . . . ! � �,(Z " . �' y , �h't�` �� _... _ '�N�� - ,,, _�__ „ . , �. _�<-- -'�--__,_.- , • ` _,.,_ _: . _ . . i ' r + ;�i�� il �gpg.�?,;.'. ( Ii•.fli�'�,:�.�. !` , 1.02 Term of Lease Agreement. ? The term of this Lease shall be one year, commencing on June ' ! 31, 1981, and terminating July 1, 1982. i ' � � 1.03 Utilities and Taxes. , ,. { The Cownty shall supply, and assume the cost of, snow removal, I , � provided however, that Lessee shall assume the cost of any and all � � electrical circuitry, telephone and teletype apparatus it may install. Lessee shall pay any and all personal property taxes assessed on the premises except that attributable to improvements made by � the County (which cost the County shall assume.) ,`�� • �� f� . 1.04 Conflict with O'ther CommeYc'ial Dp'erators. �y Use ot the ramp, taxiways and parking facilities by Lessee � shall be subject to the approval of the Airport Manager who shall �� designate parking places and passenger on-load and off-load points � � �,''� in departure areas so as to allow the efficient and orderly 'i # � operation of other commercial operators. :, 1.05 Limit'at'ion on Use. Lessee is granted use of the areas hereinabove described �- � for the purposes normally associated with the operation of an � t airplane =ide operation; except that, in no event shall any ��`` , area be used as a car rental or leasing agency, for providing � hotel or lodge reservation services (including telephone "hot �. • lines" therefor),or for providing taxi or limousine services. � 1.06 Ad'dit'ional Use of Noh--Exclus'ive Areas. If the said Airport Manager determines, on occasion, that safety of the public requires or, due to the lateness � � of the hour or for other reasonable causes, convenience requires � � use of a remote space area, such space or area shall be � � considered as added on to the space of Lessee on a temporary basis without additional cost to Lessee. � I -2- � � � � � ! � ' . � . . _ _ ��C.r�n�. . . .. . f { .'e � � . '��'4 �� . . , , y � �� _ ;:: �, -. s �• = �y..�W+.nr'�G7rar.+ac'r_.��.......vi��:aar-:l �..a..�-.�- „.��:��.:.��_:..-...:.,.._.._.::._.... -__.. _.... . . . . ..t.. , ....__.... ..__.._. 7* "'` �,�'��`ktir``,. �f�'i�,' � . , ' l�i;��,. . Subject to reasonable rules and requlations, Lessee shall � have the right to use•parking spaces in the area. designated • . ' . ; for parking together with unobstructed access-.thereto. In ± addition, during peak periods, at the election of the Airport i - - Manager, employees and customers of Lessee shall be entitled i to park in areas upon the A�rport designated by the Airport ' . Manager for parY.ing. � i + 1.07 Maintenance and Custodial Services ' �� . Lessee agrees to provide on a daily basis routine custodial �. care of the non-exclusive spaces of the said de�[tised premises ' € including when appropriate, but not by way of liiaitation, � sweeping, and trash collection. � � � � 1.08 Signs • —"' . Lessee agrees that no signs or advertising displays shall � :% � . be painted on or erected in any manner upon its premises without � j; the prior written approval of the Airport Manager; and that �... , �:. � � signs identi£ying I,essee wi.11 conform to reasonable standards � '� established by the Airport Manager with respect to type, size, � design, color,: conditacr. and location. � ' 1 i Part II � � - PUBLIC AIRCRAFT FACIL7TIES �@ • - i� ;' 2.01 "Public Aircraft Facilities" Defined i l �., As u�ed herein, the phrase "PUbiic Aircraft Facilities" �t shall inean (a) runways; (b) taxiways; (c) passenger rauip and f i !� apron areas (other than the ramp or apron areas to or for � . . which the County has previously, or by this Agreement, or � may from time to time lease, assign or grant exclusive use) , � and (d) any extensions or additions to the above and •any other space or facilities provided by the County at tMe Airport 4 far public and common use by aircraft operators in connection � • with the landing and taking off of• aircraft, or in connection , . . . � I j � 1 ' • -3- � 1 �: : , _. _ �_ . b S, ', �Y . '; `�'I'! 1.` >.J: �'.� . �� .__ .�..�.,� �,�, �.�.. �, .. �_ �- ' � . I• A��3� �yy �,,},a�'�„�'^ _ � ` . � . r,,. Kr.�:,. 4U�kv.�ia a�3Y-,ei�fi:lA'�C��< .yrSr..r.a�:dA.�:.�iC. ..� ? u� t"�"` tl j n �r�, raT+�y�t '`;` � . a� . .:_.t:..::es...., ICEt1:S �A:1�7s'36+„ �u,f1l.`c.`-I.�,.t+'t��.s�w:'�.rr. +t.�f ,, � �.�Y�r�� r � •4t:s• }r'�t!�Dk`.•• . �a�"'c+^e, t.�:,rr, ' � . F'�::H{�i�. .. f , , with operations hereinafter authorized to be performed by , . } i . , aircraft operators upon the aforesaid runways, taxiway's and i F � public passenger ramp and apron areas; but.only as and to the� � � extent that they are from time to time provided by the County { . . j � -Z . at the Airport for public and common use by aircraft operators: ; � . 2.02 Public Aircraft Facilities to be Provided l fThe County agrees to provide, and to maintain in good � E � � � condition and repair at the Airport, in accordance with good ` �";. ' Airport maintenance practices, and, during the term of this I �' ! , Agreement, to make available for use by all aircraft operators i � . - 1 the Public Aircraft Facilities, and any additions or i.mprove- • � I. ments thereto. The County shall remove snow and ice from the �� Public Aircraft Facilities. • f i � � � { ; • The County may from time to time increase the size or � -----+ � �-- � capacity of any such Public Aircraft Facility or make altera- f � � � tions thereto or reconstruct or relocate them or'modify the E �' f . � � � design and type of construction thereof or close them, or any r' ; portion or portions of them, either temporarily or permanently, � � ' provided, that reasonably equivalent Public Aircraft Facilities � � are made available to Lessee in a reasonable time and the ? �; 1 � County agrees to attempt to keep at a minimum any disruption s or inconvenience that such projects may cause and Lessee shall ? ; � not make any ctaims for such temporary disruptions or inconveniences. i . s t . . 2.03 Use of Public Aircraft Facilities � � � Lessee shall be entitled to use the PubZic Aircraft � � , Facilities in common with other operators of aircraft for � �: ti I ; the following purposes: " - ; ! � (a) Runways, for the purpose of landing and taking ` � Ioff of aircraft; � � "i � ! (b) Taxiways, for the purpose of the ground movement _ j � • : � � I ' of aircraft; . (c) Any other use norma�ly incident to the Eoregoing. : , � d � r ; � � I -4- j ( - � � � . i , � . _ z -�•r �`:�'-�"„ t� � �� ,�_ .._�... � �... , .�.. . ... _ ; , ;:; �� ,, ,; :y . � r� �y�GM�r.�+Pi�._ ' '�.w�_:ur:s�ci a...�-.ss:- . _. ..-. . , ... _ ...,.. ..�_.,�..-��....�_.._..�-_.�,.._„«..�.`_"'_�.�_. . . .....�.. ....::_ . „ '� Y�xf� . • �p �,� ,t �` �z. `u� 3r'v4 h,' S;�'��r��. �. • . rb,. � ' , � ��J�.... . S � ' € i � It is understood and agreed by Lessee that the use of $ the Public Aircraft Pacilities may be in common with other_ �. . � public users, upon compliance with the reasonable and non- ; }discriminatory terms and conditions (including the payment � _ of rates, fees and charges) upon which they are made available ; - � f � for such use, and in conformity with the reasonable rules and i I regulations prescribed by, or which may be prescribed by, � the County with respect to the uses thereof including, but i not by way of limitation, rules, regulations and directives � . 4� ' relating to safety and security of the Public Aircraft Facilities. In the event that the County shall adopt any I Airport rule or regulation which shall for good cause be � i unacceptab�e to Lessee, then Lessee shall .upon thirty (30) 4 a �: days written notice to the County, have the right to terminate i this entire Agreement if the same shall not be rescinded or �� modified to the satisfaction of Lessee duri.ng such thirty t � ;' . � (30) day period. ,;: . � 2.04 Use in Wartime or National Emergency ,:� It is agreed by Lessee that during the time of war or � . , ` national emergency the County shall have the right to enter � - # ;,r into agreement(s) with the United States Government for , ; � • military use of part or all of the Public Aircraft Facilities, �, . t the publicly owned air navigation faci�ities, an3 other areas �` � 3 or facilities of the Airport, and if any such agreement � `� becomes effective, the provisions of this instrument, insofar ; '� as they are inconsistent with the provisions of such agree- � "+v� ; � ment(s) with the Government, shall be subordinated to those i S j agreements. ' � 1 . ' � � � 2.05 Vending Machines • . i i � No amusement or vending machines or other machines � t . � o�erated by coins or tokens shall be installed or maintained f u on L�ssee's non-exclusive remis,es. � . , . � � . P . , p . . . � r� I i � � -s- � ; � � ,}� �Y��' , .- ��,�:;.i„r: ��:��=>>>:: :�j __ . _ _ _ �. �, :�� } �� Y �� ,� R �,, p -tLs.� M1li!b.�+]sliiin�_.'. ..._�,-_.:... .._ : '�'::.., -..: . ��..-,. . . . . . . _ . _ ..._...,..:.. .. . � . . . . . � .. � . . .. , '-.-.. �:5 � � ��N� � ��i f r � . � ' l�F's•a a . I . } . � ' � I Part III i • � -� GENERAL PROVISIONS ' � I 3.01 Destruction of Premises � If by reason of any cause Lessee's exclusive or non- I _ ' exclusive spaces are damaged to such an extent that such � � • premises are untenable in whole or in substantial part, then: � A. The County will make all reasonable efforts to I pzovide substitute facilities, and such substitute � facilities will be made available to Lessee in � ' f;. , accordance with the schedule of rentals, fees and � charges for the use of the Airport as provided herein. 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 justified in the light o£ . _ ,.- ', existing or contemplated construction programs, � i� and can be completed within ninety (90) days from � the date on which the damage occurred, the County � shall so notify Lessee in writing and shall proceed promptly with such repairs and rebuilding, and, � in such event the rental therefore shall be abated � ` �ro rata for the period -from the date of the occurrence � # ' of such damage to the date upon which said repairs ; ' and rebuilding are completed. �� $ C. If such repairs and rebuilding are not, in the � { . reasonable judgment of the County, justified in the � light of existing or contemplated construction a ; programs, or if they cannot, in the xeasonable � judgment of the County, be completed within said '' � 3 ninety (90) days, the County at its option, to be . # � • • i � evidenced by notice in writing to Lessee, may either s i . } (1) proceecl promptly with said repairs and rebuilding, � ' � � � � � in which event the said rental shall be abated as • . . . . � � r1 � , �. • -6- C � I � ' � . _ I .��. _ _ ;��u�� " w � �,'` ,;� � , .,�..__ . � f ��^ .:� . , . ,++�.�s�,� �, . . �' �r�� } :Y'.. .1 ..� :Y� . . • --..._ ..� . . f�, �:.,_._�..",'1"�''�T�a�it'L'aw'i�l..tti.�t m5..<...rc i�+d��rr.. .':...�,..._."'a',:........�._....r..n.3i�5..a.3�.7E'.».n...�i+4a.w'::rC.�..,�•:.:..Ts T.1'Li.ir.n. �� '_ - .ji,� . ,.,�_, � ��1Y r 0 ;En • �'FtotF?+' .• �_ ' ' , i�i.''� �.�f�. . - � � i � aforesaid, or (2) terminate the letting thereof, . � ' • ' , . ' . i ' , in which event the said rent therefore shall• be � � ' . abated from and after the date of the occurrence i of the damage. � _ -� ( • 3.02 Surrender of Premises Lessee convenants that at the expiration of the term � � � hereof or at the earlier termination of the letting thereof, i � i it will quit and surrender all such premises in good state i ks , and condition, reasonable wear and tear, Acts of God and other � casualty excepted and Lessee shall at its expense forthwith � - remove therefrom all equipment, trade fixtures and personal ' . � property belonging to it. The County shall have the right on � ' such termination, to enter upon and take possession of suc:. �': . �.; premises, with or without process of law, without liability �'�'� • for trespass. � #t. . � � , Should Lessee hold over the use of or continue to occupy s j i R`� . • any such premises after the termination or cancellation of the � • letting hereof, such holding over shall be deemed merely a ( _;� • tenancy from month to month upon a monthly rental in an amount � •;� 1 : _ �' ' equal to the monthly rental required to be paid for the'month y �� e next prior to such termination or cancellation, and otherwise � • (except for the term thereof) on the same conditions as herein � t: � • t? or hereinaf±er provided. �` ,; �t 3.03 Notices . • � � .� - All notices required to be given to the County hereunder f '�` shall be in writing and shall be sent by certified mail, return { y'� receipt requested, to the Airport Manager, 50u East Main Street, } � Aspen, CO 81611, with a copy to the Board of County Commissioners ; ' of Pitkin County, Colorado at 506 East Main Street, Aspen, CO i � I � 81611; all notices required to be given to Lessee hereunder . j 1 shall be in writing and shall be sent by certified mail, return � � � • receipt requested, addressed to Aspen Barnstorming Co., P.O. . � . . • • . 1 Box 2779, A'spen, CO 81612 provided that the parties, or either ! i 1 � � :�2 • -7- j ��•. ,�`Jn 1^l�• , . .. S';��';", "�� _ --- --- �� , � , rt^r� . � �� ::. � . . �: �4°� _ H ._.__._�.:_,..:_, ----._"Y _.. ._--- - _. . .. .. � ..,._....._..�._ _..:.�_�....._. . .._ .._._ . _._. , . . _:...... ...._ � `,t ry+ :. [ �, Il. � ,* .. ��{ . 1f�', �� r . 1!� � * � ��} 't e � ' �N'�7 l,.:.'. i • i • � , _ ' of,them, may de's�gnate in writing from time,to time the ad'dresses� • ' _ '� - of substitute or supplementary persons`in connection �with said ' notices. The effective day of service of any such notice � . � . • shall be �he date such notice is deposited in the mail to ^ � - " Lessee or said Manager. ' . 3.04 Reports ' i Lessee agrees that it shall, on or before the lOth day � ' of each and every month during the term hereoE, submit to � � . , • the County by delivery to t$e office of the Airport Manager, � the fol.Iowin records of the � g preceding month's activities: � � A. Aircraft landing reports listing by such date the �� numkier and kind of, aircraft landed by Lessee at the . . Ai.rport showing the total of each such aircraft � ,,, � Pox the preceding month. � � � ;� B. Passenger report showing the monthly total of '�: -`` revenue passengers enplaning and deplaning Lessee � aizcraft at the P,irport for the preceding month. � � , Said reports shall be signed as correct by a responsible :� employee of Lessee. The reports shall be on a form provided � _ x by or approved by the County and the County reserves the right � within reason to ask £or such further information or clarifi- s � cation or any matter contained thereon and Lessee agrees to � n � � endeavor to provide such information, �t ; �` __ z F � ; ,; i � i _ ; � . � . � � . � � . l . . � � � ; _8_ . � , ,. � � . : , . ; : __ . ��.,y _ , _ . . , y�"P",r ' . � ._ ._.. _ ... �'��ys��,�lC�•j . _ ..��. w�,. �,,,.._ .m i, �x:';��;; . t��j f�-- �. ��.......... . . . :... .: -., . :::. . :..__ _.... _.__..____.�._._._�..��,._�..�_..,�,.�.�..�..,,..,...,.e.,..,�,.c.,�� __.. _ . . � �I ''"'r�^�' • x� n ,{ � � �+�� a�y.�s �, � �-�;i� � • i i ; 3.05 Payments. � Lessee agrees that it shall, as consideration for this j leasehold, pay to the County at the address as set forth in i, ' 3.03 above, the following: , = A. A monthly rental for their use areas in the amount of $50.00 for each of the months of July, August ' and September. Payment to be made on the first (lst) day of said month. , �4ac B. The sum of $1.00 per ride for each ride given w r � during those months other than specified in paragraph A above. Payment to be made by the tenth (lOth) day of the following month. '� C. The sum of $1.00 per hour for each commercial operation other than those rides specified in --. paragraph B above conducted during those months Y �;,: # other than specified in paragraph A above. � D. All other charqes for services as negotiated by , E the County and Lessee for the use of space, services or for other pusposes including, but not by way of limitation, all Police Security charges provided by the County of Pitkin, State of Colorado, as required by the Federal Aviation Administration or as may be specifically requested by Lessee. All such billing shall be sent to Lessee at the address as noted in 3.03 above or as otherwise directed in writing by Lessee. E. Interest to be charged at 24$ per annum on all overdue amounts, payable upon demand. � � � -9- � f i .. . �.i�... � , . . ............. ...:.:. .. .. ... .. . . . : . , . . � y��'b� .. . . . . . �'r:;��°..h�'3' 'i�','.a�'rj:^:.F.:.�� _ , _ .______ . ._ �. �:� ,`tY'�=;� i ,�';;t:w�=} ti:! ..�:i. - ._. _.,�_. ��}J�'NriRrl ..... �.. . .. _. .. .. . �. ..... . . ..... .. . .. . . . . .. . ... . .. . F�'A,,� � . .�� E=��^�r, � �� a,>: ;t��;�'�`;::,_"Y�,. � �:: , • t-;�,x:.'`. 3.06 Indemnification . . . . � Lessee agrees to relea'se and to indemni•fy and�save harm= ; • • . � . . � - less the County, its officers, agents and employees, from and. I . � against any 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 all claims, d2mages, suits, costs, expenses, lia- bility, actions or proceedings of any kind or nature whatsoever, ( ' 1 of or by anyone whomsoever, in any way resulting from, or t� . 1 , arising out of, the negligent acts and omissions and wrongful �s • , conducts of officers, employees, agents, contractors and sub-contractors of Lessee. �� . I The County agrees to release and indemnify and save harm- less Lessee, its officers,�agents and employees, from and � against any and all loss of or damage to propert,y, or injuries �- ��, to, or death of, any person or persons,� including property � � and officers, esnployees, costs, expenses, liability, actions ' or-proceedings of any kind or natures whatsoever, of or by anyone whomsoever, in any way resulting .from, or arising out of, the negligent acts and omissions and wrongful conduct of officers, esnployees, agents, contractors and sub-contractors � of the County. � — r r 3.07 Insurance 'f� ` , ;, ; Lessee agrees that at all times during the term hereof �' • • or any extension hereof, it shall maintain in force such bodily k F" injury and property damage insurance as may be required as a 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 coverinq ` all of its operations and activities at or upon the Airport, I � but with limits of not less than $1,OOQ,000.00 single limit . . ;i . I bodily injury and property damage liability, and shall further � , z� ; =, , . . . . � ,., r iri -10- =� � ir i: i ... . . . . ... . . . .._ � � . � , . . _ . . � .. . . � . ��,f ``�l',�'�e�. S� . ...... ..._�. . .__ ._....� .�_.. ----'—°rran� rrwr�r+a+rr.� ..._.--�---:-�...�.�._.�... .'._ .i�: � . � F .�-".i .. ��:� k �„1x��'� . 7�= ��..,�..;� •� .:.� , �� ,..,.. . ___ —•---__._.� `._...____�_......_.._.�_..._ .:��f { 4 '� '�Gi . � A'�! . "C,%"��'!'a - t� k:.:4f`�,.:"`s, . i �: ' specifically maintain in force Workmen's Compensation insurance for i all its employees at said Airport. All policies of insurance so � � i maintained, except Workmen's Compensation Insurance, shall name the i Covnty of Pitkin, State of Colorado, as a co-insured thereunder. I Lessee further agrees to provide certificates satisfactory to I the County of the kind and amounts of said insurance coverages � _ .-- reflecting that the County of Pitkin, State of Colorado, is j a co-insured thereunder. I ' � j 3.08 Laws and Regulat'ions. � � l� As a condition of this Agreement, Lessee agrees to cause I�sj. ' its officers, employees, and any other persons over whom it � has control to obey and comply with all existing and future _ �, � laws, and all lawful directives, conditions of certificates, i ,ry' 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, Y� including, but not by way of limitation, the reasonable rules �, � and regulations of the County, all as may affect Lessee and , w its operations and activities in and at the Airport. �� 4 3.09 No Discrimination '(F.A.A. Directive) . � �'s The Parties hereto covenant and agree that (1) no person on the ��' grounds of 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 facilities, (2) that in the � construction of any improvements, on; over, or under such land �� and the furnishing of services thereon, no person on the grounds i� i of race, colour, or national origin shall be excluded from parti- cipation in, denied the benefits of, or otherwise be subjected to � discrimination, (3) that the parties shall use the premises in j ' 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 I ( � i -11- • � ' � : � d i i '� �� 1;�t;;,r'`�"j `, �r ,`.j3 . _ ' - ' . �w,��;5 �� „� �L,.� •, �?�"r..u+k.�a�_.... _ .. . _ ,. . : , ., , , -._,_. 3�.�� _. � �.��p x� � �y'irz>;;.,' , cny:... 't'`::,a� . r:Fii`�s�r:��-:.. 1 . in federally-assisted programs of the Department of�Transportation - i � Effectuation of Title VI of the Civil Rights Act of 1964, and as ' ! said regulations may be amended. f The Lessee assures that it will undertake an affirmative � action program as required by CER Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, colour, :. I � � � national origin, or sex be excluded from participating in any � employment activities covered in 14 CFR Part 152, Subpart E. I The Lessee assures that no person shall be excluded on these I grounds from participating in or receiving the services or benefits �� of any program or activity covered by this subpart. !`� '.� _ 3.10 'Purchases by Lessee.1 �. Property, services and materials (except as otherwise provided in this Use and Lease Agreement) may be purchased or '� otherwise obtained by Lessee from any person or corporation of �r�� its choice, and no unjust or unreasonable discriminatory limitations, �� # � � restrictions, charges or conditions shall be imposed by the 4 County, against Lessee or its suppliers, for the privilege of � 4 � purchasing, selling, using, storing, withdrawing, handling, i , consuming, loading, 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 trafPic control and security. � , ! It is understood and agreed by the County that the fees charged ! k as provided herein are sole charges made for the rights and � privileges as set out in Part I hereof, and that any supplier of � �S fuel used in the exercise of said rights by Lessee shall not be � 1 a � required to pay for the right to sell and deliver that fuel to � � Lessee, except that it is understood and agreed by Lessee that � � � iF the County may impose reasonable regulations for the secure and � ; safe handling of said fuel by any such supplier as are consistent with � Federal Aviation Administration regulations or requirements respecting � � � � the same. � � � i. -12- �:: • _ , . . '�'�..,s,,,� �,, �'`� .�� — � _:V... '=K � �'r�"i,� . ,..:._::, � -,-r. . h� . ` _ f ��_._. ._._... .___..__�._ _�:. ._._ . ._,_._._. _...... .. .,__.. .�__.�____..�,::�..:_.._._.�_�...,��... - ------;a ; �.��p�� ;, ��:�.;;,::� , �� t, ' 3.11 Cancellation by the Courit�. �;f�� , I i In the event Lessee shall file a voluntary petition in G bankruptcy or that proceedings in bankruptcy shall be instituted i against it and Lessee thereafter is adjudicated bankrupt pursuant �� !. to such proceedings, or that the court shall take jurisdiction of � Lessee and its assets pursuant to proceedings brought under the . I . provisions of any Federal reorgani2ation act, or that a receiver • ` � of Lessee's assets shall be appointed, or that Lessee shall be divested of its estate herein by other operation of law, or that Lessee shall fail to perform, keep and observe any of the terms, � , covenants or conditions herein contained, on its part to be ' ,Et ; performed, the County may give Lessee written notice to correct I!:` ;f - 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 County may, 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 Lessee has undertaken action to correct E�� ; $ such condition or cure such default, and the same can be cured, i � 6 and is proceeding expeditiously thereat, the Use and Lease Agreement • � shall not be cancelled (except for non-payment of fees or charges) , Termination under this paragraph shall be construed as a termination of the rights of Lessee under both Parts I and II hereof, the two a �i _ parts being mutually interdependent; PROVIDED that the same shall � ? not be construed to prohibit use of the Public Aircraft Facilities �" . � . � by Lessee in accord of Federal Aviation Administration Regulations 3� ` � respecting use of the Pitkin County Airport. � � � 3.12 Cancel'latiori by I.'essee. ] � Lessee may cancel this Agreement, and terminate its j � obli ations g (except those accrued prior to the date of termination) � � hereunder at any time, by sixty {60) days written notice, upon � � or after the happening of any one of the following events: � , The termination or suspension of all Lessee's certificates of � � t � I ' � -13- � . � � ` i . .ry�4� ... ... . � . �. . . . . .. . . �,.�n. .ev:,�'n'��• � .j�; .".�:+ 1 . v �� <_.;,:,:.�; � :� : � r �"s.ti�.:.<:-� � �,- , _ '[��.Y �� ' � �� y��t� Ei. K�y '� �F�yR rr. . . 6p;Y;4.�};.;� �j - • 1:�� .. ..-. 1 � � �� ' � public convenience and necessity or other required.authority - for the carriage of passengers, and property to, from or thrbugh ' Aspen, Colorado metropolitan area or its environs; issuance . by any court of competent jurisdiction of a permanent injunction . ! I � ' in any way preventing or restraining the use of said Airport • � � . i for purposes that would prevent all Lessee's operations; the � I . breach by the County of any of the covenants or agreements i 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 of such breach (in the � event the County has undertaken action to correct such condition , • or cure such default, the same can be cured and is proceeding � � I expeditiously thereat, the Use and Lease Agreement shall not 1 � be cancelled); the inability of Lessee to use the Public Aircraft � � Y' Facilities continuing for a longer period than sixty (60) days `�r' due to earthquake or other casualty; or the total subordination � �� A � � o£ the rights to the public airfield as set out above. Can- � • - � . �' cellation by Lessee under this paragraph of this Agreement a shall be termination of the rights of Lessee under both Parts � I and II hereof, the two parts being mutually interdependent; � � PROVIDED that the same shall not be construed to prohibit use � � of the Public Aircraft Facilities by Lessee in accord of ' t � Federal Aviation Administration Regulations: respec�ing the use k • of the Pitkin County Airport. • € � e " 3.13 Proposed County Transportation System = Lessee acknowledges that it understands that the County � � i t is considering the construction and operation of a public f �? • i mass ground transit system which may restrict or prohibit r � � i : private vehicular (including rental cars, and employee parking � � , , . � to the eatent that the same may be practically used by the i i company's employees) access to the Airport. Count}� agrees � � � ' . i � that in the event it shall construct such a system there shall. , � . . . . f � ' � � y 1 -19- �� < . �;...Y"R"'a ,. � �'?':y.�y _ ' � �h�Y.iiV,.7 ' ' ..- . .. . .. . ... . ;-,:�..,_, '� , . [ t ��Y:�:i : . �r �-,�-f:t . � . - .. . �,, 'L* ..��t�Dy�u.�;�.a��r__.�.....:.a�.,�r:ixc �..n._....s�...._..-...................... .- ��--"—__a -:._.-_,...._ . .._. k��=��rtv� r i � � ,/� i ,��; 4a�' •.J'�y��. . 11.7-.�F�'a.. , • � be no restriction upon the access to the demised premises , i � � for such service and/ox utility vehicles as are, nec.essary ' � ' � . . , •� • • . i • incident to the business of Lessee, nor shall there be any. . � • I ; � restrictions placed upon ihe �ickup or delivery of £reight � ' _i ' by ground carrier services and/or private individuals. • 1 � i3.14 Assignment _ _ � � Lessee understands and agrees that the assignment or Etransfer of any rights or promises granted under this Agreement ' 1 � 5 shall be made only upon the specific written permission of � ��t � the County or in accordance with the terms of this Use and : Lease Agreement. � j . 1i�` 3.15 Third Parties �� 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 Lessee may assign this �;� Use and Lease Agreements in accordance with the specific " j . wri£ten permission of the County, and excepting any successor ( �, _ . • to the County, any rights to claim damages or to brinq any .! 4' � suit, action or other proceeding agai.nst either the County or y � �� __ Lessee because of any breach hereof or because of any of the ;i�, ,_` terms, covenants, agreements or conditions herein contained. °s ' � 3.16 Waiver ' � . ;� • � ; No waiver of de£ault by either party of any of the terms, � i " covenants or conditions hereof to be performed, kept and � i � observed by the other party 'shall be construed, or operate � i ' � as, a waiver of any subsequent default of any of the terms, � covenants or conditions herein coni:ained, to be performed, � kept and observe'd by the other party. � i 3.17 Covenants Not to Grant More Favorable Terms County cove�ants and agrees not to enter into any lease, � con�ract or agreement with any other airplane ride service• • • ' . � • , • i . , 1+ _15- � � .j,;� �t� , . _ , � � �' �y h_ _. , ��- ; �� . ,, .�� ',;;; } �� -; a � � �`�5 T�,��'y�1 7"r��`Y ' . • K�� t�-�.is Lfik-y_ ' _ �.-:....__.x-....:.,:......�r-�_.-..-.... .z�_I',_ '.,:".. �, .:�:�. ....__... . ._. ...�_�., ... j _ ._ ._ . . ..'___._. . {} . . ... .. .. 3 Y S M-:`r�. �;' ��,��w�<'_ �,' , � � � �, �`�,`x.. . with respect to the Airport containing more favourable terms ' F a than this Agreement or to grant to any other airplane ride ; - � • service rights, privileges and concessions with respect to � said Airport which are not accorded Lessee hereunder, unless � , the same rights, privileges and concessions are concurrently � , and automatically made available to Lessee. � � - - t u � 3.18 Agreement Made"in Col'orado. � This Aqreement shall be deemed to be made in and construed � E in accordance with the Zaws of the State of Colorado. � 6 . � y II3 WITNESS WHEREOF, the parties have executed these presents by their duly authorized officers on the day and year first � above written. � _ �' PARTY OF THE FIRST PART � �f� z BOARD OF COUNTY COMMISSIONERS # �' OF PITKIN COUNTY, COLORADO � �' /J� ' ATTEST: ��_""' �� By./ Chairman � '�'` � Robert W. ChfI.d, � � :�., PARTY OF THE SECOND PART ° TAb N. LATHROP. d/b/a ;k ASPEN BARNSTORMING CO. . ATTEST: � f` : �i�; . � By_. . . . S�. �� ✓ Ta N. Latk op I �. �` 7 _ ,ti�z ---_._ ��5-�� /6f�J/Z. ==.c�' .55�4 ,�S �:. APPROVED AS TO FORM AND CONTENT: - - - � � Sandra M. S u171 j � Pitkin County Attorney S .M € ; Y � � f � � ;; � r( � r ; s � ` y .,� -16- ; . ' ,,, ... ..�.. � _. . _ ._ _. .. .._ _._.�._ y�w��