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Home My WebLink Aboutbocc.con.069.1981 I 'e:�s�;�t,�, 1•.T;:_ . ��,,,,��_,,._.:.,�,� � , , _,-, 1 f� ,i .�.v►ys.;�ac�sti�,�. ,:,,4:,,s%t,"a�'c"� _5u.+-::�r_.v.1es:�.a:S��.i�?n`adit4��?CH'�i"�'�;"�..� .d�� 7� .� � . . r��5� . i ri: . � ��¢S tt �1 � . . ,�`f'�"'��'.-i.^, •Sisr r.�:,»,:�. , � USE AGREEMENT 't• CA 69(81) } _ � THIS AGREEMENT, made and entered into this 14TH day of '; SEPTE[�ffiER , 1981, by and between the BOARD OF COUNTY �I COD7MISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and . _ -' politic and constituting a political subdivision of the State of � Colorado, being the governing body of the Aspen/Pitkin County ' Airport (Sardy Field) hereinafter referred to as "Lessor", Party of the First Part, and Lance [�'eber and Rick Adams, a partnership � I d/b/a� COLOP.ADO FIVER AIRCRAFT;RENTALS, hereinafter referred to t"c,, 1 1 as "Lessee", Party of the Second Part: _ , y , �, V7 I T N E S S E T H: �: 1 �� i WHEREAS, the Lessor is the owner, sponsor and operator of ,� :� `� ---^ :' the Aspen/Pitkin County Airport, a public airport, locate� in �`�i !�ii �_� Pitkin County in the vicinity of Aspen, Colorado (hereinafter � � sometimes referred to as the "Airport") ; and �, WHEREAS, Lessee intends to operate a non-exclusive aircraft � � rental/leasing service, and wishes to operate said service on �; � ` the Aspen/Pitkin County Airport; and � a.n WHEREAS, arrangecnents have been made between the Lessor �' ', 1;{ for the use by Lessee of the Aspen/Pitkin County Airport, provided ,, y� such use shall be for a limited period and subject to certain .. s� limitations on use; ' ;! NOW, THEREFORE, for and in consideration o£ the mutual � 4,� �p� covenants and agreements herein contained, the Lessor and Lessee �' rc ` ' do hereby mutually undertake, promise and agree, each for itself � uiF `�� and its successors and assigns, as folloc,s: } n.� � .,� � � � Part I `<o� � � LESSEE OPERATING AREA � ` t •; { 1.01 Letting of Non-Exclusive Areas. � i The Lessor does hereb� demis� and let to Lessee the non- � � , - exclusive right to perform aircraft rental/leasing at or upon the � � � d �;. � ' -1- � ,I . „ ,. -.: : . :. _ . , . ... � • 3•-•�tw'�?�`�^,'.:.ti 3��"; r';��'.� � w.�i;kS�. . . �_-__ . _ _ _ _ . _ _ � . ; � � �� _ . . ��_>��'^T1 . 4 -�" . � ._..._�_..._..._.._�_.. _�_..... ._. __....... _. _........ ...__.,..___...�...�._.._....._...s...__.._.� � 1,'�+�'{�:��rKY r 7 �C. � �,t,��ty: .n;�, i ' . �.�� r � Aspen/Pitkin County nirport in areas not under excl.usive lease � ' •to other air ort tenants (unless the a .'• p pproval of such tenants has ; ' been acquired by Lessee.� ' ! _: I - I t. �;>�1 ' I ;,i 1.02 Term of,Use Agreement. i The term of this Agreement shall be one (1) year, commencing j - � On 1 OCTOBER , 19 81, and terminating on 30 SEPTEMBER ; 19 82 . ' . • 1.03 Utilities and Taxes. ' E� The Lessor shall supply, and assume the cost of, snow removal, ��' provided however, that Lessee shall assume the cost of ar.y and all � ' electrical circuitry, telephone and teletype apparatus it may install. Lessee shall pay any and all personal property taxes a € � assessed on the Lessee except that attributable to improvements � made by the Lessor (which cost the Lessor shall assume). � -,"'�' ;,� 1.04 Conflict With Other Commercial Operators. � � � Use of the ramp, taxiways and parking facilities by Lessee shall be subject to the approval of the Airport Manager, who shall . designate parking places so as to allow the efficient and orderly �` ; operation of other operators. , kt' , i 1 1.05 Limitation on Use. i# Lessee is granted the right hereinabove described for the �?� � a purposes normally associated with the operation o£ an airolane rental � � � " and leasing operation; er.cept that, in no event shall any �s 4� area be used as a car rental or leasing agency, for providing ' ' 's` hotel or lodge reservations services (including telephone "hot k lines" therefor) or for providing taxi or limousine services. ' + � i � I ; , . r i 7 . � I . � -�- • r � i r - I� IM �� . .. . . .. . ._. . � . . i . . � . . .. . . .. . :�f:aCi�i�. , �., .�iR ` �tt:l.:.�:r,�_'� r'*• . ......w _.__ . ..._; .. ..,.......,,_...,._.V._...�..�.___.... i ��.....�.. . ' � �� 4��'�`�� .... . .. . .. . - � . . ^t a._+s.:-"'.. �.... . .r '.t• ^''�c�r��u-+s��-tr�^�`�kr'ae3t�S�_�:!�'Q,:i�+r5:,.�a��...:lf ......._��.i_., .c..�«r._:'M:Tb7 is::��3iic.wv...��_e Lr�..s:�rw�=i.rw-r�w �;� i �Cn r` #+`�,�, t ai�: � ��fri W. • f`S �xr W . � 1.�G u°iyns. Lessee agrees that no siyns or advertising displays shall be i ;ainted or erec�ed in any manner upoi� �'�s pr�n��Gs without the prior � written approval of the Airport Manager; and.that signs identifying Lessee will conform to a reasonable standard established by the Airport Manager with respect to type, size, design, location i _ - and con&ition. ; i . i > Part II � � PUBLIC AIRCRAFT FACILZTIES i � 2.01 "Public Aircraft Facilities" Defined. � ��: � As used herein, the phrase "Public Aireraft FaCilities" shall t mean (a). runways; (b) taxiways; (c) passenger ramp and apron areas � : � (other than the ramp or apron areas to or for which the Lessor � 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 pro- � �t vided by the Lessor at the Airport for public and common use by I� � �� 4: aircraft operators in connection with th� landing and taking off � " of aircraft, or in connection with operations hereinafter authorized r • i to be performed by aircraft operators upon the aforesaid runways, taxiways and public passenger ramp' and apron areas; but only�as and . . �, � to the extent that they .are from time to time provided by the k County at the Airport for public and common use by aircraft operators. i = , 2.02 Public Aircraft Facilities to be Provided. The County agrees to provide, and to maintain in good condition 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 Aircraft Facilities, , I t and any additions or improvements thereto. The County shall remove j snow and.ice from the Public Aircraft Facilities. I � . The County may from time to time increasc the size or capacity of any such Public Aircraft Facilit�� or make alterations thereto or '; � 4 reconstruct or relocate them or modify the design and type of � � construction thereaf or close them, or any portion or portions of them, either temporarily or permaucntly, provided that reasonably t �� _3- .. �''Y"n;,�F . , . . � ; ?. '� _ a__ _ �.� _ �.��_.��1� .� °,_ y . � 1 � �� f. �.��::vlAn'�k.,�z�cr.-%F....�.;w..::' .�' "-_�:_.-_._.:-.- :.:_�:.�cx-<:.^.s:,a.:n.x�.tr!re-...ra•7..NS:-nt�.�,=.,.::...,r^._.�::��:.�.t,._:...x'r. . . . - �tM`f�+�jY. p k��+-�S 1 , F . L ��pYry ....�� x'�R_..•. /'� � � . equival.ent Public Aircraft racilities are made available to Lessee in a reasonable time and the County agrees to attempt io keep at a - minimum any disruption or inconvenience that such projects may ' cause and Lessee shall not make any claims for such temporary disruptions or inconveniences. � I 2.03 Use of Public Aircraft Facilities. ' ; ; Lessee shall be entitled to use the Public Aircraft Facilities � in common with other operators of aircraft for the following purposes: � � (a) Runways, for the purpose of landing and takinq � off of aircraft; �`' ' � (?�) Taxiways, for the purpose of ground movement - of aircraft; (c) any other use normally incident to the foregoing. •';� �;.. It is understood and agreed by Lessee that the use of the � ` Public Aircraft Facilities may be in cominon with other public users, �'�r 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 for such use, and in conformit�� with the reasonable rules and regulations prescribed by, or which may be prescribed by, the County wii:h respect to the� uses thereof ; a including, but not by way of limitation, rules, regulations and � ' directives relating to safety and security of the Public Aircraft (; Facilities. In the event that the County shall adopt any Airport • rule or regulation which shall for good �cause be unacceptable to "' � Lessee, then Lessee shall upon thirty (30) days written notice to the County have the right to terminate this'entire Agreement if � the same shall not i�e rescinded or modified to the satisfaction of I,essee during such thirty (30) day period. �. 1 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 into aqreement{s) with the United States Government for miliL-ary'use of part or all _ � � 1 � i I _ y. . � S:. ' -9- � �...' „_, ,, ; . . �.�,:�.M��.�;j ( �$ �� . ` .��-'•�'i�:�;(� . �. �� ,J- i,_ .�«�«l_.�-_,;.;;,.-....._-:,.,�.:...:.,.�_..._.:....... ;_'--__........._._., _..._._. ...__._.___ .::--- '-�"-_:-:.��-------- -��> . t' tw� ��;f, � ,. '{ . �'�,��5 - , T'.:,sa's:;_ . of the Public Aircraft Pacilities, the publicly owned air navigation facilities, and other areas 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 agreement(s) with the Government, shall be subordinated , to those agreements. . ' . ` . i - " ; � I � Part IiI � GENERAL PROVISIONS � 3.01 Destruction of Premises. • � If by reason of any caus�� the Public Aircraft Facilities. !�j` E are damaqed to such an extent tY,at such facilities are untenable . in whole or in substantiaZ part, then: A. The Lessor will make all reasonable efforts to provide substitute facilities, and such substitute �� facilities will be made available to Lessee in s �r'r 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 facilities to the condition existing prior to the occurrence of the damage are in the reasonable O � . judgment of the Lessor justified in the light of � existing or contemplated construction programs, I; and can be completed within ninety (90) days from . the date on which the damage occurred, the Lessor �� shall so notify Lessee in writing and shall proceed �"; promptly with such repairs and rebuilding, and, �� in such event the rental therefor shall be abated �ro_ rata for the period from the date of the occurrence r of such damage to the date upon which said repairs � � and rebuilding are completed. ;� � C. If such repairs and rebuilding are not, in the • � ; � 1 reasonable judgment of the Lessor, justified in 6 the lighi: of existing or contemplzted construction � , � _: � • � �% -5- � • i ��;:: -::+�'.,»,ti,t� !�� `�''`�`1 �. .i . �� .:;-�,� -: _ ! � " n�t� � � �t� i : � ' �g��ir R • . i�?�;,��.., � programs, or if they cannot, in the reasonable judgment of the Lessor, be completed ,wi�hin said ninety (90) days, the Lessor at its option, to be j evidenced by notice in writing to Lessee, may either � (1) proceed promptly with said repairs and rebuilding, � - �- in which event the said rental shall be abated as ; aforesaid, or (2) terminate the letting thereof, � � • � in which event the said rent therefor shall be i a � abated from and after the date of the occurre'nce of s � the damaqe. �; a� 3.02 Surrender of Premises. � Lessee covenants that at the expiration oi the term hereof 4 or at the earlier termination of the letting thereof, it will quit � and surrender all rights as stated herein. • � : � ��' �,. 3.03 Notices. � � All notices required to be given to the Lessor hereunder shall be in writing and shall be sent by certified mail, return receipt requested, to the Airport Manager, 506 F.. Ma'i_n Street, Aspen, Colorado 81611; all notices required to be given to Lessee � hereunder shall be in writing and shall•be sent by certified mail, � - t return receipt requested, to Colorado River Aiscraft Rental, Box W, Basalt. Colorado 81621 , provided that the parties, or ��i_` either of them, may designate in writing from time to time the � ,� addresses of substitute or supplementary persons in connection with � said notices. The effective day of service of any such notice shall ;t be the date such notice is deposited in the mail to Lessee or F said Manager. � I t 3.04 Reports. Y � , i Lessee agrees that it shall, on or before the lOth day of ,� , � each and every month during the term hereof, submit to the Lessor � ' a bv de].iver.y to the of.i•ic� of the �irport Manager, the folio:-:ing � ! P i, -, record of• ihe pr.ecedi.ng maitli's activities: } - �, . ' ' 6 'G` • _ • _._._ �.: . ; : � ' �; R��t• , `J,;��.�_"s,sWk:y . [ � �: +,:>:;y I �'_�;_� �; � " ., ._ ' T��_,..�_..��-.—�........,s........-�.-.�.c+.....1.�.�., _-,�.,,�. _.. .. . .�r�:a.ra:.:�.;�za�arsu,::.�r+�.+xY:�:._ . .�av'�2^=.{`:'-.�'..'T�:V'U'Yl_'YK�'� ! ' •� ... .�.. .a..r.N. . .. �� N , r`i ��`< . P� k��1�� ^''��' .� , , , _, Aircraft rental/leasing reports listing by such date the number and kind of aircraft rented/leased by Lessee at the Airport . f ._ showing the total number of hours of such i i aircraft rental/leasing service for the I preceding month. • . � • � Said report sha11 be signed as correct by Lessee. The report � � � shall be on a form provided by or approved by the Lessor and the � Lessor reserves the right within reason to ask for such further i information or clarification on any:matter contained thereon and � Lessee agrees to endeavor to provide such information. �` A 3.05 Payments. . � �, � Lessee agrees that it shall, as consideration for this lease- � � hold, pay to the Lessor at the address as set forth in 3.03 above, � :t the following: �; _ �. ��; A. The sum of $1.00 per hour for each hour of aircraft � ;� tk rentalJleasing < service performed during the j e preceding month. Payment to be made by the tenth 6 .(lOth) day of the following month. The sum of $1.00 per hour for each commerc' � . � repair/mainten e performed other • t ! th e specified in para ra h . _ g P C. All other charges for services as negotiated by 3.' . the Lessor and Lessee for the use of space, l services or for other purposes including, but not by way oL limitation, all Police .Security � charges provided by the County of Pitkin, State of Colorado, as required by the Federal Aviation Administration or as may be specifically requested � by Lessee. All such billing shall be sent to Lessee _ l 1 ai: the address as noted in 3.03 above or as otherwise i i 3 directed in writinq by Lessee. � A. Interest to be charged at twenty-four (24�) per cent � - P�r z-^•-^-l=i"• on all ove�:due ;.;�our,i�, payaL�.c witlioui; demai�ci. � ! � y � . , � -�- ? ' 'g•';�*;�'!�N, ,. - . . . , ��' ��J.`i�,� . �.' � '.' `�i "'•i . � C� �r4,r 5�1 ��•. ��5�43*.�'ea'.la.PFJFa�x'i.:::.rui3�Sl::_�h:45?:Q �„m?�.�.:s...._.,tr' _.�.`.._�..a�e..°:ic,'.e.?u`.c$=ti5:.t33i��.�+il.ai,ite;.�cz�x._."i✓a�t__,.C.:x..a�r^.'�'�a 4� f �"��V�i''�dlv' , L, �;�� c��.;-:: � , �.:}„,, :. 3.06 Indemnification. Lessee uyiees to reiease and to insenmiiy a��u savP harmless the Lessor, its officers, agents and employees, from and 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 Lessor, and from any and all claims, i , damages, suits, costs, expenses, liability, actions or proceedings , � " � of any kind or nature whatsoever, of or by anyone whomsoever, in i ? any way resultinq from, or arising out of, the negligent acts ! . � and omissions and wrongful conducts of officers, employees, agents, �: contractors and sub-contractors of Lessee. ' The Lessor agrees to release and indemnify and save harmless �- Lessee, its officers, agents and employees, from and against any l` and all loss of or damage to property, or injuries to, or �� death of, any person or persons, including property and officers, � � employees, costs, expenses, liability, actions or proceedings � :i� #, � of any kind or nature whatsoever, of or by anyone whomsoever, in � �� any way resclting fron, or ara.sing out of, ihe neql.'R� acts and omissions and wrongful conduct of officers, employees, agents, contractors and sub-contractors of the Lessor. � . , 4 3.07 Insurance. �� Lessee aqrees that at all times during the term hereof or any extension hereof, it shall maintain in force such bodily 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 covering all of its � operations and activities at or upon the Airport with limits of � not less than $500,000 Combined Single Limit Fiodily Injury and `:; � . f � Property Damage, written on an occurrence basis, Lessee shall i _ � •further specifically maintain in force Workmen's Compensation insurance for all its employees at said Airport. All policies � � ;( � of insurance so maintainea, except I4orkmen's Compensation insurancc, � - . • . . . � ' -B- ` _ , .. , .�,,'....y_:� {,,..,t.. ..'� t ` i i:'I ( i � yi '�..1 .. . � 1 �"'� -�� , ,��, , ,.s. ..a•.�,.�_,.:_t_.::�:_._......�.,...�_:.,�:_ .:_.._. .._;:�,._, .. _�..._..,.�. ._._>.,_r.,w.....�.....w,.,r�,.y�._�.... .,...�.��.. �. � ;t ��r':. y� ��:: nS"�i;Aii::�: i, i.tarr:;.. r . • I�r;=ifs�. . � . � . e . � shall name the County of ni+.kin, State of Colorado as an additional insureci .thereunder. �LessPe further agrePs t6 provi�le certificates satisfactory to the Lessor of' the kinds and amounts of said � insurance coverages reflec{:inq that the County of Pitkin, State • i of Colorado is an additional insured thereunder. i a . _ -' ' � i ' 3.08 Laws and Regulations. - s . i As,a condition of this Agreement, Lessee agrees to cause its officers, employees, and any other persons over whom it has i control to obey and comply with all existing and €�ture laws, and � . a11 �awful directives, conditions of certificates, and rales and �' regulations adopted, promuZgated, or ordered by the United States ies t te of Colorado or an of __ � Government or any of its agenc , S a , Y its agencies or political subdivisions, including, but not by � way of limitation, the reasonable rules and regulations of the ;� • Lessor, all as may affect Lessee and its operations and activities �� r' » # in and at the Airport. � � � � � I 3.09 No Discrimination - F.A.A Directive. The Parties hereto covenant and agree (1) that no person on the grounds of race, color or national origin snall 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 of race, color or national origin sha11 be excluded from ; participation in, denied the benefits of, or otherwise be subjected � . ; to discrimination, (3) that the parties shall use the premises 9 in compliance with all other requirements imposed by or pursuant ' j to Title 49, Code of Federal Regulations, Department of Transporta- � � i ' tion, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination � } � in Federally Assisted Programs of the Depariment of Transportation - i ' �ifectuation of Title I�� of the Civil Rights Act oE 1969, and as ; � said Regulations may be amended. f � i ' -9- ,A �;_;:�;3:�a+ � -x}�� ti�;::;..; ��:_�?:.. 1 . . ,; y`1! _ ' � h r.;;�i� � . � _ � -•r,a�.i_._.._, .r_.._..�..�....,.w<.v.__ <z .-...._ - _� ._s.,._.-'F..i.:nn:.t�u�?�i.47i:�G.z-dlt.:n;4%h�i.^:ic.tl�'L.:.,.:3:%vK-�'�...-s,�..::,�/�Y� f.' • x,� f "^r ; . kY3 , �, f._. . ,.hF:. . ��; � . :,f,.: . E::► � Lessee assures that it will unclertake an aifirmative action tn�� program as required by CFR Part 152, Subpart E, to insure that no �� p�x'Sqn Sha1J. on khe s�zqunds of race, creed, colour, national origin, :'` oz sex be excluded from participating in any employment activities �' Covered in lA �CFR Part 152, Subpart E. The Lessee assures that � no pezson shall be exG�.uded on these grounds from participating in I � ; , � pX Fepe�vxpg the S�rv7.ces Q�' beTlefits of any program or activity i cavezes7 bX thi.� aubpdxt. The L�ssee assures that it will require i . i ths�t its eoVer��l ��b��g�ni.z�xi4ns prov5.de assurances-to the County ! i � '�hat th�y �7,mi],A.r1y will unr��ake a�f�rmative action programs �' enA that �h�y wi7��- z�q��.ze ��u�'ances �xom �heir suborg�•nizations, !` s� xet�u�.�c(] by lA C�R PQ�t ��2, to the �ame effect. t � N � 3.]0 Pur�l�as�s bx T��oe. ' � �` �ro�erty, service� and ma��ria2-� (exe�pt as otherwise � . � 3 pxoviA�d i�t �hl.� Ug� n€�r��lt�en�) maY be P��'ehased or othercaise �'� �� o�tain�d by LtAQ�� fzom atiy-�aR�spri pr �o�pQZation of its choice, : f� t i� R;] and �io unauet ox wzx�aeQ��ble �ii��_r�,mi.na.r_p�� limitations, �� xe�tri�i:ions, chax�ea oY cP�z�it�pns �ha2,1 be imposed by the Lessor, ogai»�� ea�ea �r 11:� eu��aliez�, �ox �he p�iva.lege of purchasing, � ��ii�n�, i�ei�jc�, st��l�nc�, withcl�t�s•��.ng, han�].i.ng, consumir.g, loading, � . � • un�ondi.ng, ar d�li,vezi,nq sny pexson$�- p�oper�.y of Lessee by Lessee � or itg eu�9�?lie�a, on �lia �ramia�� c�x�nG�ci �a�- such use, or for � � th� �zivilage �� t;�an�t?arl;i.nq suak? p��nAl property to, from or • ori tho Air�a�t, �uUje�t �0 s�:l8aflabl� �ul�s And requlations for t t�Ai�ic c�nt�ol �nd aocuri.ty. ` It ia ui��iaratoocl nnc3 ac��eed hy �he L�aspr that the tees �Y i cbaxc��d t�a �rovicl�d hexoi» nr.o �ol� Fha�� made for the riqhts • � ;'ti�-:. f� and privil�g�s sS Set out,.�L' 1'arG T hCreof, and that any supplier ` � oE fiueL us�d i.n �b� �x�r.cia� o� �ai.d xa,gh�a by Lessee shall not � � . be ror�tiir.c:d i:c� ��y f4L ihc; �:i.c�h� tp ae11 un� eleliver that fuel '• , to T�d9FiC!(7� es:coNi: thal it i,A uncic,rr�kaod €�nd n�reed by Lessee that t;i3n� i:l�r, f�c��:��r �rri�� imp�nc nc;t�nnnnb�� r.c��ulnt�.ons for thc secure nnci u9i:r,� h�Yrici].�nry n1; r�;iici fu�7: Uy culy nurh �tup��l.icr as are con- i �iQt�cini: wiLli Pudr.�-p1, nvini:ic�n t1dm9.ni.al.r;�L•l.�n �r�nul.ati.ons or � r.aqul:ramnnt=n Yccp�r.l:�.n�J t:hc namc. ; -1.0- w�� ,V,�:�,V�� . ,�.' .�� .� _ _ � ; � � � � t �'��) F•,, r uif,�ai_, .--.�....�..............�..._1-.� .�-._ ._ _. ._ . . .� ..�.�. . .,_.�:�..,..:.u�.��_........"�`.!i!��:n�i..�:.svv.W'`'"L..� '�', !, � • ��,�" ': f �'.��§� �i�. _�t,:.:.:':. r.'....- . �� ,�:�,,: . ��"�Y��:�.-�•'•. 1 �� 3.11 Cancellation by the Lessor. � et! � In the evcnL Lessee shall file a voluntary petition in bank- P, . ruptcy or that proceedin9s in bankruptcy shall be instituted against �: it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or that the court shall take jurisdiction of Lessee ( ! and its assets pursuant to proceedinqs brought under the provisions i � _ i � of any Federal reorganization act, or that a receiver of Lessee's � ' - r ? assets shall be appointed, or that Lessee shall be divested of its I . i estate herein by other operation of law, or that Lessee shall j i fail to perform, keep and observe any of the terms, covenants � }.� or conditions herein contained, on its part to be performed, the �� Lessor may give Lessee written notice to correct such con.dition or cure such default and, if any such condition or default shall ' continue for ten (10) days after the receipt of such notice by G ! `�• Lessee, the Lessor may, after the lapse of said period and prior i; to the correction or curing of such condition or default, terminate �3, �5'. �,'.; this Agreement by ten (10) days written notice. Yn the event a # : i � : Lessee has undertaken action to correct such condition or cure � such default, and the same can be cured, and is proceedinq expe- � F: S ditiously thereat, the Agreement shall not be cancelled (except i � for amounts due pursuant to Section 3.05) . Termination under i ; this paragraph shall be construed as a termination of the rights �`n i ' ,lc > � of Lessee under both parts I and TI hereof, the two parts being � ;,� . e >;q mutually interdependent; PROVID�D that the same shall not be . :r construed to prohibit use of the Public Aircraft Facilities by '+ Lessee in accord of Federal Aviation Administration Regulations 1 `f - �r respecting use oi the Pitkin County Airport. � `{' . 'i � ?,. � 3.12 Cancellation by Less�e. ; � t�i Lessee may cancel this Agreement, and t�rminate its obliga- j � '� � 1 � tions. (except those accrued prior to the dzte of terniination) ? ;j: :� hereunder at any time, by si�:ty (60) days writ:L-en notice, upon ' ! �` or after the happening oi any one of the follo�ei.ng events: The � 'I � � � �� termination or suspension of all Lesaee's certificates of puUlic ? 1! ! � ' 1= �onvenicr.c� 317G� �CC.CSG��y 31 v�`.i7C'i 1CiJulii:u �lill:�tuili.y iCir (.lii: � � � � � . � -1�.^ i , ��v��4aM�.� ;.7�:..�n:�»'' � ��. .,,� � . - - s _ �i .. _ _, . ._. � � . t..::<:_-:�:;r;:�-; � ' . l . . ""'`� � ,�a,;f�?� � � �'-t�+q1..�.._._r..,.r,�_.�.,:......,......-_.�.. ..� .. ..,�. -._. - . , ._...,.... .�_.._e.w.._�.:cs.r.. ...r._....�..u..w...v.�.-..t�.�..s_.�. .._r'��fK'. �1;.r._. j�,l.� , f�a' �1:::��• �1 . C_yp`.'I • 'C '+��:�.r ... ;r repair/maintenance of aircraft; issuance by any court of competent �` urisdic�ion of a ermanent in unction in an wa reventin or �: :1 P 7 Y Y P 9 restraining the use o£ said Airport for purposes that would prevent ail.Lessee's operations; the breach by the Lessor of any � � of the covenants or agreements contained herein and the failure } � of the Lessor to remedy such breach for .a period of sixty (60) . � - days after receipt of said written notice of the existence of such ; I . breach (in the event the Lessor has undertaken action to correct ' i such condition or cure such default, the same can be cured and is ; proceeding expeditiously thereat, the Agreement shall not be ' 4: r cancelled); the inability of �essee to use the Public Aircraft r . ; Facilities continuing for a lonyer period than sixty (60) days � due to earthquake or other casualty; or the total subordination � of the rights to the public airfield as set out above. Cancellation w . �: by Lessee under. this paragraph of this Agreement shall be termina- � � :E� tion of the rights of Lessee under both Parts I and II hereof, �r �,�� the two parts being mutually interdependent, PROVIDED that the } �t, ! same shall not be construed to prohibit use of the Public Aircraft ; � � Facilities by Lessee in accord of Federal Aviation Administrztior. � � �, Regulations respecting the use of the Pitkin County Airport. � . � 3.13 Proposed County Transportation System. � � E Lessee ackno�aledges that it understands that the Lessor is � considering the construction and operation of a public mass ground �. transit svstem eahich may restrict or prohibit private vehicular �i� (including rental cars, and employee parking to'the extent that - the same may 'be practically used by the Lessee's employees} access to the Airport. Lessor agrees that in the event it shall construct �. such a system there shall be no restriction upon the access to the « demised premises for such service and/or utility vehicles as are ( necessarilp incident to the business of Lessee, nor shall there L�e an restrictions laced u n the icku or deli��ery of freight , � �' P P� � P . � bg graund carrier services and�or private individuals. t � . 3 � ' � 1 .. _. -ZZ- ' i fi t� . ..._xu:,�� . � 4;��n•.s:�;� �` ;`>'•., ;"� 1 �..� __._ � ,b� , 4 �4� � J"X4��Y j�� . f. _..�r.+�,.�.r„1i�e..� r . _.t � f..� � �-.?.' ��j��i ".��i'i-' �+r..�s:^`�i�� q ta'S?`.�C�.y -��;1 't . �..�.�'t�!!':lF.s�3Ny*r'r+i(wr�SSGd4.i�'w.'s"�.AR�'a�rlr.t.a.._:. _.._:e..�i_.r..:.k�SSl,u_�r.:c• �a,.�n:!.dAl�t+G3'i�e�:.�;`..v'�r��t�y.$'s.�,:.i.....�tM'6�ur'7�s�tti� . f�� .: �1.�,..= . f 44� �tf�x It � � r `' I. � �11 . � � 3.19 nssignmenL. � Lessee understands and agrees that no assignment or transfer of any rights or promises granted under this Agreement shall be made. � 3.15 Third Partie5. This Agreement does �ot and shall 'not be deemed or construed i � . � to confer upon or grant to any third party or parties, excepting � . . � any successor to the Lessor, any rights to claim damages or to 1 ' i bring any suit, action or other proceeding against either the � Lessor or Lessee because of any breach hereof or because of any � . of the terms, covenants, agreen:ents or conditions herein contained. �` � � 3.16 Waiver. No waiver of default by either party of any of the terms, � covenants or conditions hereof to be performed, kept and observed {- by the other party shall be construed, or operate as, a waiver �- # of any subsequent default of any of the terms, covenants or � conditions herein contained, to be performed, kept and observed � by the other party. • �;: j 3.17 Covenant Not to Grant More Favourable Terms. y � �. � Lessor covenants and aqrees not to enter into any'lease, �� 1 ; contract or agreement with any other aircraft-. rental/Ieasing • � " � service with respect to the Airport containing more favourable � ' terms than this Agreement or to grant to any other aircraft rental/leasing service rights, privileges and concessions ;.� with respect to said Airport which are not accorded Lessee here- �� under, unless the same rights, privileges and concessions are ' concurrently and automatically made available to Lessee, � � , � ( , : .F . . � . `� ' � � . -13- i t . �: '.} ' � � , � � • , � t '�^;��:nk? .. , . s:,�..;;s, '��`=.�:� � 1 .��W._ ,..�n. i . � ` ti,'a �#`' ,�,, , � � � �� r� �,,,��w t� }„ ��Tm r ,.�-, . _ ;,��A'�+ii�:�i�€,��.'aa�ttvi�.7�t:�?�i� .�:�r�,.�:`s`'x,s�Fir�S'`i�3:��:5uSl�x�1:C:??`�..�z.�t'��.;=$�,.:L:'"c�'il�i�.;�.�r�k r .� ,� �i ` � ��::-�,, g i , �:.n;�::^� �� .� • 3.18 1�greement [dade in Colorado. ; . i This Agreement shall be deemed to be made in and construed �1 . 1 in accordance with the laws af the State of Colorado. � , IN WITNESS WH�REOF, the parties have executed these presents by their duly authorized officers on tihe day and year first , above written. ' � f � � � THE BOARD OF COUNTY COAu'vIISSIONERS � OF PITKIN COUNTY, COLORADO � i x , � �� ; ATTESi: BY� � Chairman � � � � � a � , F' PARTY OF THE SECOND PART -_---•-#• � � R . �; . B � , .� Lance �4eber, Partner 4 , ATTEST: • Rick Adams, Partner Box F7 Basalt, Colorado 81621 ' � APPROVED A5 TO FORbi: Sandra M. Stuller Pitkin County Attorney � i � . � . • f -14- � . � � i � ' , . � . � .. . ! � . , .. . .' ' . � . .. � ' i . , � . ..... � ._.�. . . . .. . . . � �,��'p,',�, v.,:tya,v, ::.. �^;": , '`j