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CONTRACTS & AGREEMENTS
. . . : i
, NU[�ER: 59(sl) : _
. �I�E HANG GLIDERS AT DUMP LZCENSE . ; E
MEETING DATE: 27 SULY, 1981 ± �
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_ Signed and sealed .
�
. . ' ' - i
Indexed . � �
. Recorded . ' � +~ �
�
•Copies to: Administration fl�an Resources � P
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Airport Land Use Code File �
�`
• Assessor Library • �
. , . . . . �
� � Attorney . Manager :
, . . .. �
" � Building . .. . P & Z members �
- Clerk Personnel
, �
Engineering Planning . .� ��
' � Environmental Health Road and Bridge ; �
#I , �:
Extension Agent Sheriff - ' n
� Finaace „ Trails . ., � .
Housing Transportation • . . �
Treasurer �
. , >
� �
. • . �
` ' � *** C(�]TRACr VqIDED AS PER PA.T DOBIR....... A�'•ME[Tl'WAS NEVER CONSIDERED BY CITY ' ��
,' COUN(.TL PFDIDING DISCUSSIONS ON THE COTJNTY ASSUMING THAT POFZPION OF TEIE DUMP �'
OWNEn RY T[� CT^Y. _ , ;. �.
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LICENSE AGREEMENT �
`
CA 59(81)
�
�THIS AGREEMENT is made and entered into thi5 Z7 day
of J�Y , 1981, by and between TFIE CITY OF ASPEN, a
Municipal Corporation organized under the laws oE the State of �
it
Colorado and the COUNTY OF PITKIN, COLORADO (hereinafter referred i
I __ to as Licensors} and ASPEN HANG GLIDERS, a Colorado corporation �
.
(hereinafter referred to as Licensee) , .
WITNESSETH: �
�
}F
� [VHEREAS, Licensors are the owners oE certain property
in Sections 7 and 8, Township 9 South, Range 85 West of the 6th
� - P.M., Pitkin County, Colorado, and
WfiEREAS, Licensee desires a license on portions of said �
property authorizing Licensee to engage the teaching and sport ��
_ of hang gliding, �
__.,!: t H
�. NOW, THEREFORE, the parties hereby aqree as follows:
�
�"- 1. License Grant.
The Licensors hereby grant to the Licensee a
license to use portions of that certain property located in
st
Pitkin County, Colorado in Sections 7 and 8 of Township 9 �
�
;4� �
-- South, Range BS West of the 6th P.M., which property is more
particularly described in Book 220 at Page 465 of the recor@s �
�j.
' of Pitacin County; provided, however, that the license hereby J
a-.
granted shall cover only that part of said property which is
necessary for the activity of hang gliding, access and parking, �
2. Terms of T�icense. �
The license herein granted shall commence on the �
date hereof and shall continue in full force and effect �
for the term of one {11 Year from the date hereof, and from
year to year thereafter unless and until terminated by �
either party as hereinafter provided, subject, however, to a ( !
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maximum term of twenty (20) years.
3. Rent. �
Y � �
The Licensee shall pay to the Licensors, in �
`,':1� advance, on the anniversary date hereof, an annual rent of �
$ 1.00 Receipt of the first year's rent is hereby �
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acknowledged, The first year's rent is $ 1.00
4. Use of Premises.
The Licensee shall use the premises only for the
purpose o£ recreational hang gliding and pro£essional instruction �
of hang gliding together with other uses as are normally and
i
�� customarily incident to the operation o£ a hang gliding school.
The Licensee's members and students only shall be j �
; authorized to use said hang gliding area during the hours of
!'t
r, 7:00 to 9;00 p.m. on weekdays and from the hours of 7:00 to 6:00 p.m. �'
on Saturday and Sunday of each wee�c during the term of the license. ��
'�,:
� The Licensee agrees that none of its users shall
I-.
conflict with or interfere with the normal use of the dump or its
� facilities. �,
�.
5. Maintenance of Premises, �
a
The Licensee shall keep the licensed premises ��
' � •
_�•:�; reasonably well kept and clean of trash, waste paper and �-
�::; ��''
#; other 2itter. Licensee sha1Z exercise reasonable care to
�.'. prevent and eliminate any unsafe or hazardous conditions l�
in connection with its occupation and use of the premises.
6. Mechanic's Liens.
The Licensee shall not allow any mechanics, i
j
materialmen, contractors or subcontractors liens arising �q
��>
- � from any construciton work, repair work, restoration or ;�
" � removal, or any other claims or demands to be enforced d
' against the licensed premises or any part thereof. The
Licensee shall post and maintain upon the licensed premises
such notice as may be necessary to protect the Licensors
against liability for all such liens.
7. Licensor's Right to Enter.
Licensee shall permit the Licensors, at a12 � �
reasonable times during the period of this license, to �
enter upon the licensed premises for the purpose of in- �
specting the premises. �
8. Notice of Licensor's Non-Liability.
Licensee, at its own expense, shaZl procure and � �
i '.
sha11 post, in at least two conspicuous places on the �
�
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licensed premises, signs informing all persons who use the s
area that they do so at their own risk and that the City of i
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Aspen and County of Pitkin are not liable or responsible
£or the maintenance or condition of the area or surrounding
portions of the licensed premises, nor are they liable for any ;
I
injury, damage or loss to persons or to property arising out of i
• the use of such area or 2iceased premises. Licensors shall
I
__ have the right to designate the exact wording and size of such
signs as well as tlie locations where the same are to be posted, .
9. Tndemnification of Licensors,
The Licensee shall protect the Licensors ahd save
them harm2ess for any loss or damage by reason of the death �;
• or injury sustained by, or property damage suffered by, any (4
�
person on the licensed premises as a result of any activities
conducted by or under the authority of Licensee. Licensee
i
shall not, however, be liable for any incidents caused during ���
,;t
the use of the premises by Licensors or their assignees,
_. . Licensees or permi.tees for any other purposes. As a condition �{
-"�,.',?
�' precedent to authorizing or allowing any person, including g
� its members, to use the area, Licensee shall obtain from each
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such person a written release and waiver of all claims for
damaqe or injury to person or property which such person might
otherwise have or assert against the City of Aspen 'or County of �
- Pit�cin arising out of or in Connection with such person's use �
of the Licensee's track, trails ancl facilities. Such release �
�:
�� and waiver shall be in substantially the form attached hereto '
. s=�`
as Exhibit B and the originals thereof shall be kept and maintained � '
by the Licensee in a safe, secure place and shall be exhi.bited to ,f
Licensors for inspection and copying upon _demand. �
:�
10. Public Liabi.lity' Insurance. ;;
a
Licensee shall procure and maintain, at its cost, �
1 �during the term of this License Agreement, with a reputable �
� and financiall res onsible insurance com an � �
Y P p y, comprehensive �
public liability insurance covering bodily injury or death ' i
in the amount of at least $1D0,000,00 for each person in any
one accident, $300,000.00 for each accident and property damage !
in the amount of $5,000,00 for each occurrence. Additional � �
� '
insurance covering "special events" is required under Paragraph
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13, hereof.*
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11. Corporate Authorizations.
Licensee represents that it is a not for pro£it �
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corporation duly organized, validly existing and in qood ;
standing under the laws of the State of Colorado; that it has �
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_, full power and authority to enter into this license agreement; i
_ �
i
and that all necessary corporate action has been taken to ! •
�
authorize the indemnity provisions herein undertaken and to �.
i
require of Licensee's members the written.waiver and release �
�
,.� all as more particularly set forth in Paragraph 9 hereto.
��`
� ,) Licensee agrees to provide annually to Licensor satisfactory
i
evidence of its continued good standing as a Colorado corporation.
12. Compliance with LaWS.
�.
i
Licensee, its members, guests and invitees shall
. ��
p: comply with all federal, state and local laws, ordinances �
� �-
_ and regulations governing the operation of hang gliders and
if�� 'I
#; the conduct of Licensee's activities on the premises, without 'n!
l�
'�- intending to limit the foregoing.
13. Security.
Licensee shall maintain adequate security of
; �.
the premises by controlling and limiting gate access at all times i
. .{ when the dump is otherwise closed to the general public. Upon ��
si
leaving the licensed premi.ses at such times, Licensee shall
"" make sure that the gate is closed and securely locked. In the -'
{
' event Licensors determi.ne that additional security precautions �
are necessary, Licensors may adopt and enforce additional �;
reasonable security regulations, including limitations on the '�
number of keys available to Licensee.
'f.
14. Assignment. • ' �
�
�.� �
The Licensee shall not assign this Agreement or j
• any interest herein and, except as herein authorized, shall not � �
permit another person to occupy or use the licensed premises ; '
's
or any portion thereof without the written consent of the j
z �
Licensor. No purported encumbrance, assignment or transfer �
� !
_ �
*Licensors shall be named as co-insureds in all policies of insurance,
and a Certificate of Insurance together with all policies in effect ±
� shall be delivered to the Licensors. �
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of any right or interest in this license, whether voluntary
or involuntary by operation of law under legal process or !
bankruptcy or otherwise shall be valid or effective without �
�
the prior written consent and approval of the Licensors.
k
15. waiver. '
" ',� The waiver by the Licensors of any breach of
�
any term, covenant or condition herein shall not be deemed to
'�
�;j be a waiver of such term, covenant or condition or any sub-
,:,
,.'
sequent breach thereof. The subsequent acceptance of rent �
hereunder shall not be deemed to be a waiver of any preceeding '��
�,:
-- breach by the Licensors of any term, covenant or condition � •
other than the failure of the Licensee to pay the particular �
rent so accepted, i
• 16. Notices.
e�
;; �
�: The notices required to be given to the Licensors �
" shall be given by mailing duplicate originals, certified mail, F�
#: �
`'` return receipt requested, addressed to the Board of County ;�
f': �`�
- i ,.
Commissioners of Pitkin County, 506 East Main Street, Aspen, '
� Colorado, 81611.
x- All notices required to be given to the Licensee �`
's
eM A
:!�j shall be given by mailing the same by certified mail, return � t
. . --��s � 5�;
�� receipt requested, addressed to Aspen Hang Gliders, P.O. Box F�
-,a �
±; 7115, Aspen, Colorado, 81612. �
Any party may, from time to time, give the other � �
�� party written notice of a change in the address to which notices
�
are to be sent.
�
�' 17. Termi.nation. ( +
t
� Either party hereto may terminate this License �,_
� Agreement at any time upon sixty (60) days written notice of �
� + 1
. � termination to the other. �
�.,,.s Licensors may terminate this License Agreement �
j '
'',: � forthwith if the Licensee shall default in the performance or
observance of any of its agreements or covenants contained �
� � �
f herein and such default shall continue for fifteen (15) days I
_,i f
� after written notice thereof to Licensee from Licensors.
18. Successors and Assigns Bound.
This License Agreement and all the terms and �
�
_ � �
,._
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�; conditions thereof shall extend to and be binding upon the � :
� parties hereto and their respective successors and assigns.
� IN WITNESS WHEREOF, the parties hereto have executed
this License Agreement as of the day and year first above written. �.
_ I
-� CTTY OF ASPEN
By: !1_
Herman Ede1, Mayor _
ATTEST•
�
'E°
�
Clerk, City of Aspen
� � PITKIN O �
� C UNTY, COLORADO
� BY ITS BOARD OF COUNTY COMMISSIONERS .�
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�� • By Robert W. Child, airman �
ATTEST: ''
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` �' County Clerk o£ Pitkin County,
� Colorado
;.�
,;� ASPEN HANG GLIDERS
.`.� �
�:•� By.
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' :r_� Secretary
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• EXfi28IT B i
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FORM OF RELEASE AND WAIVER �
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�.
In consideration of receiving authorization from �
i
- - Aspen Hang Gliders, Inc. (AHG) , a Colorado corporation, i
to use from time to time in �
. practice and instruction, .
;
certain recreation facilities which AHG operates under �
�
license from the City of Aspen (City) and the County of r
;
Pitkin (COUnty) at the City and County Dump in Sections �
� 7 and 8, T.9S., R.85W„ 6th P.M., Pitkin County, Colorado, �
the undersigned hereby declares that he is duly aware of the �
risks and hazards inherent in engaging in such activities, �
has inspected and is familiar with the location and condition �L
fr
of the premises to be used for said activities, hereby elects �
voluntarily to enter upon such premises and participate in �-�
' �� such activities, and hereby knowingly and intentionally �
� �
assumes all risks of loss, damage or injury, including death, �
that may be sustained by the undersigned while participating
in such activities.
In addition, the undersigned, for himself, his heirs,
executors and administrators hereby releases and agrees to
defend, indemnify and hold harmless AHG, the City, and the (
i
County, and their respective agents, officers and employees I�
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from and against any and all losses, liabilities, damages, i
- injuries, claims, demands, costs and expenses or every kind I
I
and nature, includinq without limitation all foreseen and �
; unforeseen personal injuries and property damage to or incurred
by the said undersigned in connection with such activities and �
hereby knowingly and intentionally waives all claims or demands
� , which the undersigned, his heirs, executors or administrators t �
� now has or may hereafter have against AHG, the City, and the �
County, and �'�eir respective agents, officers or employees �
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arising out of or in any way connected with such activities.
. In signing the foregoing Waiver and Release Agreement, i
the undersigned hereby acknowledges and represents: I
(a) 2'hat he has read the foregoing agreement in
, its entirety, understands it, and signs it voluntarily;
and
(bj That unless the parent-guardian consent form
provided for below has been executed, he is ovex twenty-one
(21) years of age,
IN WITNESS WHEREOF, the undersigned has hereunto set �
. his hand and seal this day of , 19 �`'
F
�
�.
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� . (If the person signing is under age, there shou2d be a consent
,
by parent or guardian, as follows) �
I hereby certify that I am the parent or guardian of
, the minor who signed the
= foregoing Release and Waiver, and for value received I do
give my consent without reservations to the foregoing and
i
• by my signature hereon do join in and ratify the foregoing
on behalf of him or her or them.
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Dated: �
Signature of Parent or Guardian f
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Witnessed by:
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. _ Signature o Witness �
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