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LEASE AND USPs AGREEMENT (1997-1999�►� � i t .i�`'.' �.
NON-SIGNATORY AIRLINE �"Iii�'��/".���-,��7���v
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�fiA AtRL2NES. INC. ��,J^ ^'`;��
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THIS LEASE AND IISE AGREEMENT, made as of the date last below
signed, is by and between the BOARD OF COUNTY COMMISSIONERS OF I`': �`• ',
PITKIN COUNTY, COLORADO ("County") , a Colorado home-rule County, as `�' .`"
'f i;':,,:.. `,
Lessor/Permittor, and MESA AIRLINES, INC., d/b/a America West !g'_<'zc �
�xpjJ_rP.S9 ("AIRLINE") , a Ne av ,� corporation, as Lessee/Permittee. I
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RECITALS 1-'',';
�., , ..
1. The County is Che owner, operator and FAA sponsor of the ��` .
_ i Aspen/Pitkin County Airport (Sardy Field), located in Pitkin County
� •;< � in the vicinity of Aspen, Colorado (hereinafter the "Airport��) , at
which it has made available certain land areas and facilities for �
:
and in support of commercial aeronautical activity including public '•�
� airfield facilities, an airline terminal and related airline �:�
' facilities, and a general aviation terminal and related general
�,�
aviation and fixed-base operator facilities; and � '
� 2. These certain land areas and facilities are further designated �d
� as areas and facilities £or public use (subject to rules and 6
� regulations for each classification of user) , areas and facilities
�
, j for exclusive, preferential or non-exclusive commercial use (sub- _
t ject to written agreements with the County), and certain areas
j ��reserved" by the County for future designation; and
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3. The County has the authority to operate and manage the Air-
�i port, to permit and regulate commercial and certain aeronautical
'j uses and activities at the Airport and to lease, license or permit
�� the occupancy and use of land areas, buildings, improvements and
j; facilities thereon, pursuant to, ��r �.�,.ia, C.R.S. Sections 30-11-
jE 107, 30-15-401, 30-35-201/202, 41-4-101 � sea•, as amended, Title �
t: IV of the Pitkin County Code, as amended, and Section 8.7 of the �
' � Pitkin County Home Rule Charter, as amended; and C
4, {'
4. The Airline is in the business of providing scheduled airline �:`F
service and has requested permission to provide such service to and �
' from the Airport and has established its right to access to and `
1 occupancy and use of Airport property as a Non-Signatory Airline by ��,
Icompliance with certain standards and obligations; and `t'
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5. In support of the provision of such airline service, the ;'� '= ..
parties desire to enter into a Lease and Use Agreement for the r;�: .:y
occupancy and use of the Airport by the Airline. - ��
, :a'`, �.�•
AGREEMENT �
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NOW, TIiEREFORE, in consideration of the mutual covenants, i�:' ,
terms and conditions contained herein, the County and Airline do "l''�'' '
' Y`:'i:' ,'
mutually undertake and agree as follows: =• ''
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1. INTENT: It is the intent of the parties hereto that this
� Lease and Use Agreement is to establish, define and control the
relationship of the parties in the occupancy and use of the Airline
Terminal and related Airport land areas and facilities in the • �•
provision of airline service from and to the Airport. -•;
; 2. DEFINITIONS: Words and terms used herein are to be defined •
yand interpreted according to the following priority: ��;,�
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a. As set forth in Exhibit "l."
�
j b. As defined by the Federal Aviation Administration (FAA) , j
i through its enabling legislation and Federal Aviation
� Regulations (FARs) .
c. As defined by Colorado real estate statutes, case law and -
rules and regulations (including, without limitation, those
i
adopted by the Colorado Real Estate Commission) .
' J d. As defined by common usage in the aviation industry, Erom
R the point-of-view of a public airport.
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� 3. EXHTSITS: All exhibits attached hereto and/or referred-to
� herein are incorporated herein in their entirety by those
references or this reference.
� F
� a. Lettered Exhibits (e.g., A-1) ar2 maps (either sketch or
i scale) of the Terminal interior and airside and groundside
? areas. The County and Airline acknowledge that such Lettered � �
, Exhibits may not be drawn to scale and shall be replaced, upon
the mutual agreement of the parties, at such time as scale
' maps based on actual survey data become available. �
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b. Numbered Exhibits contain text to be incorporated by
reference and are identified as follows: �
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� "1" Airport Definitions t
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! "2" Preferential Use Areas Standards and Procedures �� '' �'!
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"3" Reserved Rights of Pitkin County __
"4" Annual Airline Rate-Making Process �:�~`:
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_ I "5" Physical Security Requirements for the �•'`�� ."
Premises �. �
� ;;� � � "6" Environmental Quality Improvement Plan (EQIP) �.�
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"7" Cleaning, Maintenance and Repair of Premises, �
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and Maintenance, Repair and Replacement of `'
} Fixtures and Equipment �.
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� "8" Minimum Insurance Requirements ,
� .
� "10" Airport Master Planning and Land-Use Planning
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� "11" Compliance with Applicable Regulations
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�! 4. DEMISE OF PREMISES: The County hereby grants to Airline, and
� Airline hereby accepts, the right to occupy and use certain Airport
� land areas, buildings and facilities described hereinbelow (the
t "Premises") , and depicted on Exhibit "A-1" (Terminal Facility
�; Plan) , subject to the terms and conditions of this Lease and Uae
- Agreement, as follows:
. � a. Airline Terminal (see Exhibit A-1) : �
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'. 1) Exclusive Areas: None �
.) 2) Preferential Use Areas: • t ,
a) Departure/Ticketing Areas: (As shared with �
Mountain Air Express' Preferential leased area.) !
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(1) Ticketing counter, Administration, :�=;:;�'.`Yik�,�
Passenger Service and Signage Areas: 5 (105 '� �- '.
s.f.) +t�- '
(2) Passenger Ticketing Queuing Areas: L - ~�
(339 S.f.) "s"��'� '
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� (3) Administration and Operations Areas: � �:� ,. '.
(4) Administration Office: • �``�.,'�. ;
(5) Baggage Makeup Area:
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b) Central Passenger Service Area: ,
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(Z) Secured Passenger Holdroom/Boarding Area: �
(a) Boarding gate door: _�_
(bT Passenger service podium: �,2._ `
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3) Shared Exclusive Use Areas:
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a) Central Passenger Services Axea (4067 s.f.) : Y'�;
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- (1) Passenger Security Gate and Securing Area �
(2) Secured Passenger Holdroom/Boarding Area
b) Arrivals/Baggage CZaim Area (7500 s.f.)
(1) Baggage Cart Unloading Area: �1'� ��•
- (2) Arrival Baggage Carousel and Area: �.
I b. Airline Terminal SIDA (See Eachibit A-1) :
i
; 1) Exclusive Use Areas: None
�
....! 2) Preferential Use Areas:
, � a) Aircraft Staging Space: �, daily and _____
4 for RON, and appurtenant ramp apron areas.
�i b) Baggage/Freight and Equipment Staging Area:
, I ��2!�_ '
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c) Ground Service Equipment 5taging Area: "NL2"
c. Public Airfield Facilities, as defined in Exhibit "1."
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d. Common Areas: non-exclusive areas designated as "common `;'� `��'.
areas" in and around the Terminal consisting of: =g�i��' �
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1) Motor vehicle access roads; �.y',' ' "
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2) Motor vehicle parking lots (public and employee) ; , �
3) Curb (for passenger/baggage loading/unloading) ; �`:`; ,.
4) Paved sidewalk/passenger loading/unloading areas;
5) Pedestrian accessways, doors and vestibules; �'q:-:�.:. �.=
6) Corridors/ramps; ''
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7) Lobbies/passenger waiting areas;
8) Public restrooms; ''k',�^
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9) Exterior landscaped/seating areas. �Y-. '
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e. Easements. `�'' �'
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1) Airline is granted certain non-exclusive licenses, ,.;•, ,
to be determined by the County, to maintain flight
I information display system (FIDs) cabinets in designated �;;�;
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! Common Areas. ' %'r
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2) Airline is granted such non-exclusive licenses for ���
- � access to and from the Premises, as designated by the j
� County and as are reasonably necessary, in the discretion
� of the County, for the safe and efficient use of the :
� Premises.
3) County reserves such non-exclusive licenses in, on
- . and through the Premises for use by County or other LLPs,
i as designated by the County and as are reasonably
necessary, in the discretion of the County, for safe and �
efficient Airport operation. Pursuant hereto, the County
hereby reserves, for use by all Airlines, easements to �
use the south door behind the ticketing counter and to �
,
. __i cross all Operations Areas and Sagrooms, to transport
I oversize baggage items that will not safely travel on the .
ticketing/departure baggage conveyor to the conveyor belt '.{
between Bagrooms E and F. �
1
• 1 f. Employee Parking Lot. The non-exclusive right to use the �
i employee parking lot, in common with other LLPs of its
classification, subject to fees, requirements and regulations
as are or may be established for LLPs and/or classifications "
of LLPs by the Airport parking operator. ^�.
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g. Acceptance of Premises. Airline acknowledges that -'�w'- '.
Airline has inspected (or has had the opportunity to inspect) =�:1�' -;
the Premises and agrees that the Premises are accepted and %: . '!�
will be occupied hereunder on an "as is" basis. -;.�`��•-�
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; h. Additional Premises and/or Uses. If, during the term of �`�:: ,�,
this Agreement, additional Premises are made available for
occupancy and use by Airline, or additional uses of the "'"��,'-
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Premises are permitted, Airline and County shall, prior to • = `-
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such occupancy and use, negotiate in good faith and agree on
the additional fees and charges to be paid by Airline for such k '
occupancy and/or use. '�:. � '
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5. FIXTURES AND EQUIPMENT: The County hereby grants to Airline, '•�'�; '-
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� j -,� and Airline hereby accepts, the right to use certain Airport-owned ;�Y�
trade fixtures and equipment, subject to the terms and conditions �;;
of this Lease and Use Agreement, identified as follows: �
Public Airfield Facilities: use of fixtures and equipment in �;,�
common with all aeronautical users. �'��
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- a. Airline Terminal (see Exhibit A-1) : ��
1) Exclusive Areas: None ;�
2) Preferential Use Areas:
a) Departure/Ticketing Area:
(1) Ticketing counter areas: Position �
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(a) Counter Shell
(b) Counter Insert ,
(c) Baggage Conveyor Belt
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(2) Baggage makeup Area:
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b) Central Passenger Services Area �
; (1) Secured Passenger Holdroom/Boarding Area
(a) Passenger Service Podium: �2 "■
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(i) Podium Shell „�'s'
(ii) Podium Insert '��
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3) Shared Exclusive Use Areas: � �r � '•
a) Arrivals/Baggage Claim Area �'� ,�
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(1) Arrival Baggage Carousel/Claim Area .�'��'�
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(a) Baggage conveyor: �,_, and access ;rk,;%r' _
doors �„ ''-^ .
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� (b) Ski/Oversize baggage slide, and ;µ:'_.; =
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access doors o�;...:
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b. Airline Terminal SIDA (See Exhibit A-1) : i��.;
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1) Exclusive Use Areas: �I�ng_ �`.�.
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2) Preferential Use Areas: , •,T
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' a) Undesignated Apron/Ramp Areas �
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(1) Aircraft engine fire extinguisher (Ansul) a
(2) Wheelchair lift
c. Common Areas: Existing vacant FIDs cabinets
' d. Additional Fixtures and Equipment. If, during the term
of this Agreement, additional fixtures and/or equipment are `�i .
made available for use by Airline, Airline and County shall,
prior to such use, negotiate in good faith and agree on the
j additional fees and charges to be paid by Airline for the use
—i of such fixtures and/or equipment. '
6. PREFERENTIAL IISE AREAS STANDARDS AND PROCEDURES: The Airport 1�
reserves the right unilaterally to change, during the term of this �
Agreement, the rights and obligations of Airline in areas desig- ,.
' nated as "Preferential Use Areas" herein by the standards and .
� process set forth in Exhibit "2."
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, 7. SUBJECTIONS, EXCEPTIONS AND RESERVATIONS: This Lease and Use
Agreement is subject to any present County Agreements with the
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United States (which are typically through the Federal Aviation �'��`� '.
Administration (FAA)) and to any past, present or future statutes =:t��� �=;, .
or regulations of the United States respecting the funding and/or r'». ."�3
operation of a public airport and to any terms, conditions or -:�:',.''�,;•
covenants o£ airport financing instruments existing on the effec- , �
tive date of this Lease and Use Agreement. j>�`•;,. .
The reserved rights of Pitkin County with respect to Airline's :�:�::.`' �,`
occupancy and use of the Premises are set forth in Exhibit "3." ';,'4:_,'';.
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8. INITIAL TERM/HOLDOVER/TERMINATION: The term of this Lease and ;� �
�.:' ...
Use Agreement shall commence at 5:00 a.m., local time, necem�er 4, x•s,.
19 7 and expire, without further notice from or act by the County, '��` �
at 11:00 p.m., local time, nPCPmber 3 1998 unless earlier renewed '��'' "�
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+ . or terminated. . "' ,
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a. If, by the expiration date of the initial term or any
renewals thereof, the parties have not agreed on the terms and �;,,
�� conditions of a renewal term, and the County consents to �'• Y�
i continued occupancy and use of the Premises by Airline, such •:'�1�
i occupancy and use shall be deemed to be a month-to-month Lease ��f'
and Use Agreement, upon the terms and conditions herein, as ��
� amended, or upon such other terms and conditions as the �
j parties may agree or the County, upon ten (10) days notice, ;
may require.
� b. This Lease and Use Agreement may be terminated for cause,
upon the default of either Party, as provided below.
9. RENT, FEES AND CHARGE3: In rent, fees and charges for the
described occupancy and use of the Premises, Airline shall pay, �
fully and timely and without deduction or set-off, as follows:
__I
a. The initial rents, fees and charges, as set forth in the :j
County's annual Airport Rate-Making Resolution, which may �
; be increased during the term hereof through the process ��
described herein, are as follows:
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1) Occupancy anc3 Use of Airline Terminal interior, AOA
, and groundside (interior based on $ 30.00 per s.f.,
exterior based on S1o.00 per s,f.) :
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a) Exclusive Use Areas: $ N/A annually _ y'� `-
monthly) . �3T- �
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b) Preferential Use Areas: $ N/A ';y���.''.,�'
_ annually, $ monthly. �:� ., '.
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c) Exclusive, outdoor covered space: $N/A ,
annually, $ monthly. �:�i=:,.�:=
:-:�'.:'.�,:-%:
d) Shared Exclusive Use Areas: $ 347.010.00 '
annually, 528.917.50 monthiy) ; allocated monthly i ek�:`.^. '
� n�,.,.°���i.i.•
at 20e split between/among Airlines equdlly and 60% � ?-:'
split between/among Airlines according to their � u'`.`
respective proportion of enplaned passengers. r' `
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2) Use of Public Airfield Facilities (Landing fees) : °�; ,
A fee for each revenue landing at the Airport computed at
a rate of 50.54 p
er 1,000 lbs. of maximum allowable ��;r
gross landing weight of Airline's aircraft. i��i'�
., �.r
. b. The rent, fees and charges of Airline periodically shall � ��'
be re-set, as set forth in Exhibit "4.° 2 ��
j c. Airline shall fully collect and timely pay to County all
!�
Passenger Facility Charges (PFCs) duly adopted by County,
;,.
as provided in federal enabling legislation and regula-
tions.
10. PAYMENTS: The monthly installments of fees and charges as
provided for herein shall be paid by Airline without deduction, '
i set-off or escrow of any kind whatsoever. Rent for Preferential
Use Areas shall be due and payable in advance on the first business
day of each calendar month or part thereof during the lease term.
Rent for Shared Exclusive Use Areas shall be due and payable by the '�
� 20th of the month in which such rent is billed. Landing fees shall I
j be due and payable by the 20th of the month for aircraft landed
' during the preceding month. , 1�` '
' I
All payments shall be: made in good U.S. funds; made payable to the
"Pitkin County Treasurer;" and delivered to the office of the
Director of Aviation, 233 E. Airport Road, Aspen, Colorado 81611. �i�?
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All payments shall be considered delinquent i£ not received by the ;'s;i�"���'4�.':,
fifth (5) business day after the date due. All delinquent payments �+�"!'
shall each bear default interest on any unpaid and delinquent ;t;i'.: -,
balance for any month or portion of a month so delinquent at the :: :. i�
rate of two percent (2e) on the unpaid balance, compounded monthly; .:,�• '• • .
default interest shall be due and payable without notice or demand • �.+:
'.c .. ..
with the next regular payment due. �_�..
�
?:.` .::
11. FINANCIAL SECURITY FOR AIRLINE OSLIGATIONS: Security for all �-.y�'
Airline obli ations hereunder includin � �'`' �
<3 g, without limitation, the
full and timely payments of all required rent, fees and charges, '�'"''�°+"`��
shall be as follows: R��=%�'`�'
`�''..;:•.; ,
n.,•.:,
a. Security Deposit. Airline shall deposit with the County � .c.> �; "
the sum of $1,500.00 to secure Airline's obligations fiereunder r� ".
� .,�:' including, without limitation, its obligation to return the ` t';=
• i: .�
Premises in a condition acceptable to County. Within 60 days -t'�`
x:
after expiration or termination of this Agreement and
i surrender of the Premises by the Airline, said amount, without ��.��
I interest, will be returned to Airline either: in full, if =� �'x
i Airline has fuZly pezformed all of its oblzgations hereunder; �' �
. '�r
or as reduced by such amounts as are necessary, in the , 1
j reasonable discretion of the County, to reimburse or ? �'t
�Icompensate the County for any deficiencies by Airline in the
full performance of its obligations hereunder. Prior to the =(
application of funds to that purpose, County will provide
Inotice to Airiine and an opportunity to cure its performance ��
of any unfulfilled obligations hereunder; and, after such
application of funds, the County will provide an accounting
thereof.
� b. Performance Bond. Airline shall obtain and maintain in Tv
I force for the term of this Agreement (including any renewals ►' '
thereof), an Irrevocable Letter of Credit (or a cash security
I deposit or some other security instrument acceptable to the k
County) from a surety licensed to do business in Colorado, in
such forms and amounts as are acceptable to the County, in its �
sole discretion, but in an amount estimated to be not less �
Chan 90 days' obligations, to secure performance of all of �
Airline's obligations hereunder including, without limitation, ,r �i� .
its obligation to pay all rent, fees and charges hereunder.
i
!I �,�.
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c. Nature of Security. It is expressly agreed that such ,, �y,��, �
amounts are not an advance payment of rental or a measure of r;i;:��•;t;`�;�;
County's damages in case of default by Airline. County shall .�•' ��;k��
have the right to commingle any cash amounts received -''
�;t•�� .;
hereunder with its othex funds. - .,. �;
:
.;�•r:-'.,.
d. County Use of Required Security. If at any time during •�'_
the Tezm hereof, any of the rent, fees and charges_hereunder " ' ' '
shall be overdue and unpaid, then County may, at its option, ���" '�
and simultaneously upon Notice to Airline, appropriate and � �•=;_:�.
apply any portion of the Security Deposit and Performance and 9�'�'r' +'�
Payment Surety to the payment of any such overdue amount. In '"="=;a-�`
the event of the failure of Airline to keep and perform any of ' �k:':%�`
the terms, covenanCS and conditions of this Agreement, then , '��`''-.
k.`. .
County may, at its option and upon Notice to Airline (and its ,�,�':; =
' � surety, if applicable) , appropriate and apply the Security �y. ,;
Deposit and Performance and Payment Surety, or so much thereof ; r!�i:
as may be necessary, to compensate County for advances, � 4
,,.
+ expenses, loss or damage sustained or suffered by County due ����
� to such breach on the part of Airline.
` �n.�.
{ � •,}.'�/;
_ � Should the Security Deposit and Performance and Payment Surety � ,r
� or any portion thereof be appropriated and applied by County , ,��
for the payment of overdue rental or other sums due and 2 �j
' payable by Airline hereunder, or for a breach on the part of '�j
� Airline, the Airline shall, within five days after the written J
i @emand of County, forthwith remit to County a sufficient
amount in cash to restore the Security Deposit and Performance
and Payment Surety to the original sum deposited or required.
e. Lien on FFEI. In the event of any delinquent rent, fees
,�:' .
and charges hereunder, and to the extent thereof, including
� late charges and interest, the Airport shall be entitled to a
lien for such amounts on Airline's trade fixtures, furniture,
jequipment and inventory in use at or located at the Airport.
I �.
� 12. USES PERMITTED: Airline shall use and occupy the Premises t�
� solely for the purpose of providing scheduled commercial Airline
services, pursuant to Parts 121 or 135 of the Federal Aviation
Regulations (FAR) and as otherwise provided herein, including: the ,
sale of air transportation, the processing of passengers and their
baggage, the handling of baggage, cargo and mail, the fueling and
11
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servicing of aircraft and aircraft support equipment, the �,% �"
maintenance of aircraft and aircraft support equipment, the atorage ?t;i; •,.
of aircraft, the storage of supplies and spare parts necessary to - .. �,�
support these Airline services, the office administration required ��.,�• :•'�
to support these Airline services, the temporary storage of spent � '.
supplies and spare parts for disposal, and such other activities "'"'
and functions that are necessarily incidental to a similar airport-
)�=`'.' ��
based commercial airline operation. °,'-?�
..�.,.
a. Any use o£ the Premises or activity conducted or allowed ,`'''':�4�
thereon or therefrom by Airline not specifically required or ����`"
t.. ,,
permitted herein shall be and hereby is prohibited, except as ;�;`i::.' = '
by separate prior written permission from the County. ' ��' -
'�c,.':
t'i.'. .
- b. Nothing contained herein, or elsewhere in this Lease, .�`�;: `
,• t,,
shaZl be deemed or construed to grant to Airline the exclusive �'`
�i:
right to conduct an aezonautical operation at the Airport or
� to constitute an exclusive aeronautical activity in violation ��,�
of Section 308(a) of the Federal Aviation Act of 1958. �`F
Y"�
13. REQUIREMENTS OF AIRLINE: ,���
a. Operations. For the term of this lease, Airline shall '�`
conduct a scheduled, certificated, commercial Airline :.,
operation in the public interest, pursuant to FAR Part 121 or
•) 135 and other applicable FAA and U.S. Department of
Transportation rules, regulations and certificates.
' i r
In addition to requirements imposed on Airline by FAA rules
and regulations, Airline agrees to cooperate with the County � X= ,
and other users of the Airport to meet at the request of the �
� Airport and discuss in good faith Airport operational issues �.
(including, especially, those involving aircraft noise,
Airport and airspace access and aircraft ground traffic �!
congestion) and to offer and/or consider solutions or
� mitigation techniques. !�
' I
b. Physical Security Requirements for the Premises. �:
� Airline's obligations are as set forth in Exhibits "5" and ' .
i ��11." In the event that an FAA enforcement action is
� commenced against the Airport concerning the acts or omissions
of Airline, including its officers, employees, �
representatives, contractors and invitees, Airline will be �;�
�L
12 ` �`=
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notified of such proceedings and provided an opportunity to ' "
participate therein. In the event that the Airport is 'Z'''� '`�
_ assessed a fine or penalty by the FAA for breach of security `� '� ��
regulations as a result of the acts or omissions of Lessee or "�'���; +';
� any of its assigns, officers, agents, representatives, '.,c ..
contractors or invitees, Lessee shall reimburse County l�i-�' �
prompCly the full amount of any such fine or penalty. ''" �'
"`�-:+:_:;;.
c. $nvirohmental Quality Improvement Plan (EQIP) . It is the �:;:.i:�:•�'�
7.
policy of the Soard of County Commissioners (BOCC)� that all
��;>:>�,.
Airport LLPs shall strictly comply with all applicable envi- �.'•;�.. .
ronmental statutes, rules and regulations and that preferences ,:t;`:`
should be given, in all County procurement actions, adminis- '� �' .
}';` ''
tration of agreements and determinations on renewals, to LLPs `�;,�
that consistently demonstrate awareness of environmental ��;,"
issues that arise during the term of any Agreement and a pro- ���� -
� active stance in dealing with such issues.
�;?
� •',:y�
Promptly after the execution of this Agreement, Airline agrees Y�p
� to produce, for review and approval by the County, which "`�'
approval will not be unnecessarily withheld, a proposed EQIP ',!
for its occupancy of the Premises and operations therefrom and ^��
then, upon approval by the County, to implement the same,
which EQIP will include, without limitation, planning, manage-
ment and operational policies and practices involving Airline �s '
itself and its employees, contractors and customers, to reduce
or eliminate environmental degradation in the areas of air
pollution, water pollution, noise pollution, solid waste t
management and fuel and energy conservation. A preliminary
EQIP for this License and Use Agreement is set forth in � •�'� �
Exhibit "6." �
!
d_ Reports. Airline shall provide to County the following �,
� reports on or before the 20th day of each and every month
during the term hereof (and the first month after the
expiration hereof) by delivery to the office of the Director �'
i of Aviation on forms provided or approved by the Director of �
Aviation:
. �` .
1) Aircraft landing reports listing, by date, the
number and type ot aircraft landed by the Airline,
showing the total of each such aircraft for the preceding
month. ��� `
. ai;
13 �
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2► Enplaned passenger reports showing the monthly total =�1� +;� ,
of revenue paesengers boarding and deboarding the ��
Airline's aircraft at the Airport for the preceding �;�'`,.' '-
:��
month. �
!:`?`
3) All statistics relating to maximum allowable gross ,
landing weights for the pzeceding month as necessary for "�p,?:'��,'
the calculation of landing fees. '` '
'.;':r. ,
i ";, '
4? Upon the request of the County, true and correct i �k':' `
�;.:'. ,: .
copies of any reports submitted by Airline to federal or 7;''
state agencies or officials concerning Airline's �' '% `
operations at the Airport. ' :�yi `�
� �r�,
e. Cleaning, Maintenance and Repair of Premises, and Main- �:L; s, .
tenance, Repair and Replacement of Fixtures and Equipment.
� Airline, at its expense and at all times hereunder, shall ���
:��
clean and/or keep and maintain its Exclusive Use and `" r'�,
Preferential Use Areas and all fixtures and equipment thereon �� ,; �P
- in good order, condition, and repair, all as set forth in ,!j
Exhibit "7." t ��
Airline also shall not cause or permit, by act or omission, ;
any unkept or disorderly condition upon or damage to other ,� ,
areas of the Airport Terminal interior, exterior, AOA or
. groundside.
I
) f. Utilities. Airline shall, at its sole expense and in its
� own name, contract for the provision of all heat, water, gas,
electricity, telephone service, trash removal and all other r
utilities not provided in common by the County and used by
Airline on or about its Premises. Airline shall not permit
any lien for unpaid utility use or services to be filed or
� maintained against the Premises.
� 'I
Airline shall not operate or install any equipment that will {
. � exceed or overload the capacity of any existing utility 1�
facility; if any equipment so operated or installed by Airline �' •
shall require additional utility facilities, the same shall be
installed and maintained at Airline's expense in accordance
with the plans and specifications which have received prior i .�
written approval by County. �'��.
�:.
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14 '{" �� '-
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ZP, during this Lease term, the County is required to increase - '
its water, sewer, gas or electric service and such increase ��.t�f- -';,
requires a capital contribution from the County, Lessee, if it " �'�
consumes the increased utility, agrees to pay a pro-rated,. '-'���'�.�:
reasonably-amortized portion of said increase, which amount •;c ,, .':
will be set by agreement or binding arbitration. >>`' ��
g. Snow Removal. Airline shall attend, by authorized �{..`•%-. �-
representatives, any snow removal meeting called and conducted :,,,;`��:4:.
by the County prior to, during or after the winter season.
k�;:'�
• `;�?-<.,;.,. .
Airline shall move or relocate aircraft and vehicles, at the �{� :
; direction of the County, to assist County in County's snow re- • '�'`
moval obligations set forth below. Airline shall further, at i ;�'` `
r,:
� Airline expense, be responsible for the removal of snow from - �:7:
, � ;,;•
� other portions of the Premises that cannot readily be serviced i� •
� by the County's snowplowing equipment, including, without
limitation, walkways, areas under and about any parked �4'r
i aircraft and vehicles that are not moved by Airline hereunder, s�
jand areas around and about the buildings. � �,�`?`
4 '=!
>
: h. Taxes. Airline shall timely and fully pay all business ,'�
j personal property taxes and all other taxes lawfully assessed
against Airline by reason of its use and occupancy of the
� Premises; provided, however, that Airline reserves the right ;�,
� to dispute or appeal the imposition or amount of any such tax,
� so long as such action is in good faith and under the
procedures established in the relevant taxing statute or
I ardinance.
.i.' •
i. Trademarks/Trade Names. Airline represents that it is
(and will be for the entire term hereof) the owner of or fully � �
authorized to use any and all trademarks, tradenames, logos,
� names, slogans, copyrighted material, patents, services, k
Iprocesses, machines, or articles to be used by its in its
, operations under or in any way connected with this Agreement. ��
� 14. AIRLINE PERFORMANCE STANDARDS: County acknowledges that its �
-� legal authority to regulate certain elements in the provision o£ ;, �� '
Airline service to the Airport (ineluding fares, routes, schedules, -
and on-time performance, and policies and procedures concerning
reservations, flight delays/cancellations, baggage handling,
.�.
customer service, and employee/supervisory staffing levels and �<��
si,
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training) has been pre-empted by federal statutes and regulations. y' `= .
However, Airline acknowledges that County, as owner, operator and ;,i;;�; .:�
FAA sponsox of the Airport, also has substantial interests in the -_�.y
scope and quality of services provided to passengers. '-;s�',.' '��
Therefore, as an element of consideration of this Lease and Use '� ��
�. .,
Agreement, Airline agrees: to meet with the County (periodically,
as mutually agreed, and/or promptly after a formal request ;��'" .
therefrom by County) and to substantively discuss all eZements of �','"`_ ,.
.:y_e i;,Y..:.
services provided by this Airline at, to or from the Airport; and
to promptly provide, at the request of County, copies of all ',�
reports and records concerning such services that are filed with „y,;;.:
the U.S. Department of Transportation pursuant to its rules and ���: '
regulations. �'' "•
i;�
:'c;.T-�
� � This agreement to discuss iEs services shaZl create no obligation <<•_' ;
in Airline: to alter its services; to disclose to County or any P1;
third party any trade secrets or other proprietary or confidential ���:y��,
information; or to engage in any discussion with County or any 'y'�
third party regarding matters that cannot lawfully be discussed or ..yr
� be the subject of agreements. �!if
� jt
15. RESTRICTIONS ON AIRLZNE: .;)
{
a. Signs. Airline shall not place any signs upon the
Premises, except of such size, type, design and structure as
shall be approved by County, provided that County's approval
' shall not be unreasonably withheld. Any sign permitted by
County shall at all times comply with all applicable
ordinances, rules and regulations.
b. Installations/Additiona/Alterations/Improvements .
Airline shall not undertake or permit any installations,
-- additions, alterations or improvements to the Premises without �y
� the prior, express written permission from the County, which {
� permission, if given, shall include the following elements: �
i 1) Identification of the scope and responsibility for �
' � any land-use or building permits required for the -
proposed installations, additions, alterations,
improvements; and '
`.;'
, =
16 �� -_
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_.._._ ..._ ---- ___—___...--•-_ __. ____ ... .__.._ . ,___ _.___.. ._. __._ _. _._.. ....�.—
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21 Approval by County of proposed drawings and - "
specifications including, without limitation, '3�1�� '.,
requirements for profesaional certification stamps for ''�•'.�'�
' any architectural/engineering portions of the ':'�+'�..;'
installations/additions/alterations/ improvements; and �:c .. .
i �i:-
�:
3) Reasonable approval by County of proposed . -
contractors; and %�.`�-`' /
� y.R:.�`.�
4) A plan, and responsibility for administration and �
costs of such plan, for changes in operational and � ��
; �:.'::'�::'
j security procedures during any construction period; and � '}'�` '
:-
� '�°` �
5) Provision for any adjustment of terms and conditions ; s�` �`
of this Lease and Use Agreement; and �•r%'t�'
� �:i; ..
6) Provision for the amortization and future ownership �
of the installations/additions/alterations/improvements; I ;.';tr
� and i ��f
.�,r
7) Provision for return of the Premises to original z '`l
- condition at end of the term hereof including any '!�
adjustments to the Security Deposit hereunder.
c. Waste. Airline shall not commit or allow any waste upon
or in connection with the Premises.
� d. Liens/Claims. In connection with its occupancy and use
- of the Premises, Airline shall not cause or permit any liens
or claims against Airport property to be filed, recorded,
maintained, foreclosed upon or otherwise enforced and does � �
hereby expressly indemnify the County against any liabilities, �
costs or fees, including reasonable attorneys fees, relating �
ithereto. �
e. County Pro-Competition Policy. Airline will not engage �;
or agree to engage in any unlawful restraint of trade or �
unlawful anti-competitive practices.
� f. Assignment. Airline shall not assign or in any manner
grant, convey, transfer or encumber this Lease and Use
'i
Agreement, any estate or interest therein, or any right or ,�
obligation of Airline hereunder, or sublease the Premises or �'�,� "
17 ti
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/. .. .. . .... ... ......
JUF _�... N...i.. .. . .. ..._. . . .. .. . . .. . . .. .
•.��;,,1}�,,,
;,.,'i�y��
;�,,
any part thereof, without the prior written consent of County, - - �
which consent shall not be unreasonably withheld. This �i'�•- -�:,
restriction includes, without limitation: any assignment or " " �'�
sublease which would occur by operation of law; an asaignment �:y'�r'; '
:;�
or sublease to or by a trustee or receiver in any federal or , .'''
sta�e bankruptcy, receivership or other insolvency proceeding; j��`: ��
, and the sale, assignment or transfer of all or substantially %"_�:
all of Airline's assets. r�`�
t:r'.`
!'s��ti?.;r,,.,�': .
In addition, in the event that Airline is undergoing or
proposing to undergo a substantial change in operations, ,k h
ownership or management not covered by the restrictions above, ;;y'�" :
i Airline shall file with County a1Z data required to be filed t'`
with the U.S. Department of Transportation, pursuant to 14 CFR
, ,, 204.1, 204.2 and 204.5, as the same may be amended, promptly �',
after a request by County therefor, such requests by County to ,.
be made upon reasonable grounds (e.g., late payments,
agreement renewals) . ��'��
; '�C
j 16. INDEMNITY AND INSURANCE: " ���
I '�,.
� a. Airline Obligations. Airline, for the term of this
Agreement and for matters taking place within the term of this
Agreement, hereby does and shall release, discharge, indemnify i
and hold harmless the County from and against any liability
for any loss as a result of any claim arising out of or in
I connection with any act, error or omission by Airline;
� provided, however, that such indemnity shall not be construed
as an indemnity for loss arising from the negligence or
wilfully wrongful acts of County. '� �
For purposes of this section: "Airline" shall mean the
Lessee/Permittee hereunder and any parent companies, i-
-'i subsidiaries, joint ventures, shareholders, directors,
( officers, employees, agents, representatives and contractors; ;.
t � and "COUnty" shall mean the Lessor/Permittor hereunder and any h
' afficials, employees, agents, representatives and contractors. F
i.
� For purposes of this section: "claim" shall mean any legal '
claim, notice of claim, demand, lien, lawsuit or other legal
` proceeding to cause or establish legal or financial liability;
and "loss" shall mean any damages, penalty, �judgment,
expenses, costs (including costs of investigation and � :
i 18 ' I.
i i'
1
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defense) , fees (including reasonable attorney and expert ""y; ,�
witness fees) or compensation in any form or kind whatsoever, " '
� direct or consequential, in connection with any claim for �=�`� �'•
, .. 1�
personal injury, including property damage, bodily injury or r +
•,,,',� -
death. ±�
• .0
Further, Airline further shall investigate, process, respond �'.�''��
to, adjust, provide defense for and defend, pay or settle all ' ..:;:+.,'.'''.
claims, demands, or Zawsuits related to its acts, errors and Y�'-� '�
omissions hereunder at its sole expense and shall bear a12 �'-?t:y-,�'
' other costs and expenses related thereto, even if the claim, ;�-:�r �'
demand or lawsuit is groundless, false ar fraudulent. '�Fr;`°�..'. -
: y:;,.::
��'::, •
To fund this indemnity, in whole or in part, Airline shall 's�; ,,
secure and maintain for the term of this Lease such'insurance : �:j�; ,
policies, from companies licensed to sell such policies in the ;�• `�
State of Colorado, as will protect itself, the County (with '1` °
� the County named as additional insured) , and others as speci- ��;�
� fied, from claims for bodily injuries, death, personal injury �''`�r
or property damage, which may arise out of or result from 'j�- ct
� Airline acts, errors or omissions. 6 �,��'`
( � !�
The required Airline insurance coverages, at or above the ;��
� limits indicated and incZuding such endorsements as are
indicated by an "X", are listed on Exhibit "8."
±i
b. County Obligations. County sha11 procure fire, extended
� coverage and boiler insurance covering the existing buildings,
improvements and facilities located on the Premises for the
full replacement value thereof. County also shall procure
general liabiZity and motor vehicle liability insurance
policies covering its operations on the Airport. County shall �� �
maintain such insurance (or self-insurance, if permitted by
� law) during the term of this Lease, and shall furnish Airline,
upon request, a copy of a Certificate evidencing such R
coverage.
I 17. REQUIREMSNTS OF COUNTY: For the term of this Agreement, the '+
i County shall plan, operate, finance and manage the Airport (includ-
ing the Airline Terminal and the Public Airfield Facilities) in a � '
prudent manner, consistent with the County's adopted plans and �
policies and customary professional Airport management practices ;�-
�:�i �
19 .'
S -
I
� ::,
5..�
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and shall, unless released in a writing signed by the Airline, ' -
undertake the following obligations: ';t'''� '`•
- i�
a. Utilities. County shall, at its sole expense and in its "�'��;:+,: .
own name, contract for the provision of all heat, water, gas, .
electricity, telephone service, trash removal and ,all other l=�`'; �'
utilities provided in common or used in the Common Use Areas.
''1f:�`':'
b. Snow Removal. County shall annually call and conduct a �:.,,:t.r,��.
snow removal meeting for all Airport LLPs'prior to the winter
season. County shall, at County's own expense, but subject `k�'
��.
and secondary to County's obligation to maintain clear ;h:.�
� :,A.;; '
� aircraft runways and taxiways and motor vehicle access roads F�.
I on the Airport, remove the snow from those areas of the �" '
r,��"+E
i Premises which are open to public use and which are utilized •';�,•. •
�-� i for the passage, parking and storage of aircraft and the ''i: .
I passage and parking of motor vehicles in the same manner and
�'..;' .
extent as County performs snow removal on portions of the •.:�,�
i . Airport in general; provided, that County shall not be � Y��
required to move or relocate parked aircraft and vehicles to ` • '�'
� accomplish such snow removal. Further, County shall keep the '�j
. i public-access sidewalks and other pedestrian accessways on, to e !�
i or from the Premises reasonably passable at all times as
: weather conditions will permit.
�
, .
i
� c_ Maintenance, Cleaning and Repair of Airport and Mainten-
i ance, Repair and Replacement of Fixtures and Equipment. s
Subject to Airline's primary obligation with respect to its
' Exclusive, Preferential and Shared Exclusive Use Premises and
Airline's indemnities herein, the County, at its expense and - '
at all times hereunder, shall clean, keep and maintain, in ,
good order and condition and repair, the structural and � �
service elements of the Airline Terminal and the common use
� and non-exclusive use areas of the Airport, all as set out in k
�
Exhibit "8."
i
; All requests by Airline for performance by County hereunder, !�
� or notification to County of any dangerous or hazardous
.) conditions to the Premises or to other Airline Terminal :, ,
I facilities or areas, shall be in writing and shall be made -
� immediately after Airline has or has received notice thereof.
t
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• , -
20 '' ' � _-
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18. COORDINATION WITH OTHER AIRPORT LESSEES, LICENSEES AND =�:{�' ��;
PERMITTEES (LLPs) . County and Airline acknowledge that each has • "��
(or may undertake) rights and obligations arising from various -;y'�' ':�'
third-party agreements with other Airport users. County and � ; �.
Airline agree to cooperate with each other to effectuate these j.�i_��,. .
, third-party agreements, so long as such agreements are not illegal, , ;�.:'_.�:
impossible or do not unreasonably interfere with or impair either ""`�°� `
�,,.�... :
Airport operations or Airline's use or occupancy of the Premises. -: .-
••,:.i.r:.;r'"�
If either party sha11 make a request for co-operation of the other
party under this provision, the requesting party shall, k '
simultaneously with the request, provide copies of any agreements �'
.F-.;; .
that are the subject of this request to cooperate. � , .
I ¢t1
r��`
a"s. �
`;';'� •
� . �i'
20. AIRPORT MASTER PLANNING: As provided in Exhibit "10."
�:��
21. COMPLIANCE WITH APPLICABLE REGULATIONS: As provided in ` �y:'�
Exhibit "11." ' `�'
y ��'
22. DEFAULT/TERMINATION: The standards and procedure for ''- :j
i declaration of default and termination of rights hereunder shall be �
as follows: =
i
ia. The following events are to be considered Incidents of
j Default hereunder:
i
' 1) Failure to make full and timely payment of rent,
fees or charges due and payable hereunder; or
2) The creation, maintenance, failure to correct or i
sufferance of a dangerous or hazardous condition on or
� emanating from the Premises; or x " �
� 3) Failure to provide and maintain current all required' 'i
a types and amounts of insurance and proof thereof; or �
�
� 4) Making or becoming subject to a voluntary or � •
I �� �
I involuntary petition for receivership or bankruptcy,
declaration of insolvency or assignment for the benefit
of creditors; or �
�;1 ..
ai;
I `-
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/� � . - � - . . . 9 ����.
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5) Abandonment of the Premises or failure to operate at ;��,. �" •
or from the Premises as described herein. ':�`�'� '`•.
�3
6) Failure to comply with any other obligation under "='��'.,:;�
this Lease and Use Agreement. : . �
�."<:,
b. Notice of Default. The aggrieved party shall declare a
default hereunder by delivering a written Notice of Default to ,g:�:`:'�. �
the other party, which Notice shall specify the Incident(s) of �:;:;;:.�,�'�.
Default asserted and a cure therefor acceptable to the
aggrieved party, including the accrued and projected costs to �'k�-�^' �
�;:..�':,�: •
the aggrieved party as a result of the default. :�`:'
;a,>`.;;
.1 .
c. Right to Cure. A defaulting party shall have the right �;�` �'
to cure an Incident of Default, unless such party has ?:{';,"
�"" ' abandoned the Premises, in which case it shall be deemed to `i�
have waived any right to cure. As a condition precedent to
��'t
� this right to cure, the defaulting party must provide Notice, ••.��r_x
promptly after the effective date of the Notice of Default, to ' ���;•
the aggrieved party of the defaulting party's intention to • �'�'
cure and whether it agrees with the proposed cure or has a ':�
• counterproposal. The time periods for cure, after the
effective date of any Notice of Default, shall be:
z�
I 1) Within three (3) business days if the default is � •
maintenance of a hazardous condition or failure to main-
� tain and/or prove required insurance coverage(s) ; or
2) Within ten (10) calendar days if the default is
.; .
failure to make full arid timely payments hereunder; or
3) Within twenty (20) calendar days if the default is
in the performance of any other obligation or conditions -
to be performed under the provisions of this Agreement.
� If, in the discretion of the aggrieved party, a cure ��
acceptable to it is promptly undertaken and diligently
� prosecuted by the aggrieved party and the cure required cannot �
• � reasonably be completed within the foregoing time periods, the
; aggrieved party may, upon timely request and proof of such
� mitigating circumstances by the defaulting party, extend the
� period to cure by a reasonable time. � ,
u;
i ,
I 22 i�--
, � , ,
;;.;
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;
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_ ---____.___._......_,_-— —. ._____..... . _ '�
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..z..�. . .1^'v..J}q�i.J.�:' _ ,.,. .. .,. . ��;���. ,� .. �s . .. �1:. -_�+ ... .:-i::.° .i..: .,...��.� �.1 .
���.,.
2 �
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. ��:,,,�ak;�`:;
�,:.
In the event of multiple Incidents of Default, the cure ` '
periods above shall be concurrent, not consecutive. _�`� ��''
��
_. .r ' "�,,
d. Notice of Termination/Right to Re-enter. If such noticed - _
default(s) shall remain uncured after the cure period speci- ��� •
fied, the aggrieved party may thereafter terminate this Lease j �' '� '
and Use Agreement by delivery o£ written Notice of Termination
to the defaulting party, which Notice shall be effective on pt"`>` +'�
the date delivered to the defaulting party. Upon termination .='•;i-,�'
of this Lease, County may re-enter the Premises and remove all ' :k;::�'
persons and property therefrom, as provided by law. '�:;.'='�`. -
, };,.:
-f
. 'P:�.;. '•.�
e. Remedy Not Exclusive. The parties shall have such other s; ::;
_ rights and remedies as may be provided for by law or in r•;;;
' �:•` equity, including damages. ;:+'s�`
.i;
23. QIIIET ENJOYMENT: County covenants that upon Airline`s timely �_Y;'
and full payment of the rent and other fees and charges.hereunder ���r
+ and Airline's compliance with and performance of all of the terms, (� ',�
, ��:
conditions and obligations of Airline hereunder, Airline may �
. peacefully and quietly have, hold and enjoy the Premises for the !
�
term of this Lease.
24. SURRENDER: Upon the expiration or termination of the initial
term or any renewal term hereof, Airline: agrees to peaceably �f
surrender, deliver to County and leave the Premises; hereby waives
. any rights to statutory process concerning notice and eviction,
agrees to remove all trade fixtures, personal property, equipment -
� or improvements (removable by prior written agreement with the
County) from the Premises, subject to the County's lien for delin-
quent fees and charges and Airline's obligation to repair the �
Premises; and agrees to leave the Pzemises in an undamaged, trash-
� free, broom-clean condition.
�
iAny trade fixtures, equipment, personal property or improvements of
� Airline, or any person claiming through Airline, that shall remain I�
in or on the Premises at the expiration or terminatian hereof,
� shall be deemed by the County to have been abandoned and may, in ,
the County�s sole option and discretion, be taken into the posses-
sion of County and either: converted to County property; or
disposed of, with expense of disposal to be charged to AirZine. ��
v 1 ..
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�
2 3 � -:.
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�:���`°,
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,,,
25. NOTICES: Except as expressly provided above, all Notices ��
re ired or authorized to be �t'" �'
� given hereunder shall be in writing , .y�
and shall be served upon the party addressed thereto either by '�'
.,�:. ;.•.
certified mail, return receipt requested, to such party at the • _
address appearing below (or at such other address as either party �- � ��
gives Notice to the other party in writing), or by personal service ��'� '�
as provided for service of process in Rule 4, Colorado Rules of ::;:%,`,''�
Civil Procedure, as amended. Any such Notice shall be deemed to f'`�`�
have been delivered/received either: two (2) business days after :`.;?'';�ir'^''
; the same has been properly deposited in the United States mail, ' k;:�� ':'.
with postage thereon fully prepaid, as aforesaid; or, on the date � �:,``'=' '
yi;_'
of personal service.
; .��+: "
I Y�{�.��'.
26. GENERAL PROVISIONS: �:;��:_n
i �" ��-'.7:
At
' ' � a. This Lease and Use Agreement contains the entire �i`
; agreement of the parties and there have been no promises, �,;'
representations or agreements, either express or implied, ���`�'-i
except as expressly set forth herein. Any and all prior i� .!'
, ��r
agreements or understandings between the parties are expressly
agreed to have merged herein. o ''�
j�
ib. The provisions of this Lease and Use Agreement shall be _,�
i severable and the invalidity of any provision hereof shall not ?
affect the validity of any other provision. �� �
c. This Lease and Use Agreement may be modified, amended or i
. supplemented only by an instrument in writing signed by the
parties hereto and approved by the Board of County .
Commissioners at a duly-noticed public meeting. While the
County Staff has the power to make operational and � �
administrative decisions respecting the Airport, the County
� will not be bound to any modification, amendment or supplement
to this Lease not approved and documented as provided herein.
d. The failure of either party hereto to exercise any right ��
i or remedy hereunder shall not be deemed a waiver thereof or a ;
j waiver of the right to exercise the same at any future time, ,
� or the waiver of any other right or remedy hereunder. No % '
; waiver by either party of any right or remedy hereunder shall
,
be effective unless in writing signed by the party. ;`•
� �i��. `
:�.
24 �. . j
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e. This Lease and Use Agreement has been negotiated and �•� `= ,
agreed upon through the mutual efforts of the parties hereto :z�; _�-
and these parties have been represented by legal counsel (or :�;.�.�.�
have had the opportunity to obtain such representation) ; .;,.�'�.�-_-•
� therefore, the parties agree that no legal presumption arising '��-
' from the identity of the party drafting and producing this j.�.��, .
document is to be asserted or applied to the interpretation of %t..� .;
any of the terms of this document. � '`= '
�.-,:.�. .
�::...�:>:�..:?
f. The parties hereto acknowledge and agree that the legal ': .
relationship between them is that of Lessor/Permittar and Ik'="^`
ti�..,,_...
Lessee/Permittee and that this relationshi and the resultant �`• �� '�
P ' nz,_ .
; occupancy and use of the Airport is not to be asserted to be h �: "
� or construed to constitute any other type nf legal Fw �-
�
relationship or entity, including a joint venture v-r a ?egal " !'�
-;�.+ ,�,
� '; partnership. ,:_�
. -.L; .. -
g. If either party hereto shall incur legal fees, expenses ! �;�'� .
or costs and/or shall commence legal action or institute legal �•'y�
proceedings to interpret, protect or enforce any of the i' ,.`,j
rights, remedies or responsibilities set forth hereunder, then , �!+
the party prevailing in such legal action or proceediags shall 2 .�1
be entitled to recover all of its expenses, costs and fees in
connection therewith, including its reasonable attorneys fees. ���
( h. This Lease and Use Agreement shaZl be governed by, and
construed in accordance with, the laws of the State of
. Colorado.
i. This Lease and Use Agreement shall be binding upon and •
shall inure to the benefit of the parties hereto and their
respective lawfully-appointed successors and assigns_ �
�
I ' �
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_I._._.._. ...._..._....._. . .---- - ---- __ _____....— --_ z
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_';i�:;`.�z�'�;
y'���:
IN WITNESS WFISREOF, the parties have executed this License and ;?t��, .�.1
Permit on the dates indicated in Aspen, Pitkin County, Colorado. - .. ��
� �,.�...r GJ, ba�c. i�-,•�-�� �;,'•�; ..
�QUNTY: AIRLINE: ', . .':
1`•, .
THE BOARD OF COLiNTX COMMISSIONERS h/ �,.� c
OF PITKIN COUNTY, RADO a Nevada Cor ration ''"=-''�
. :4r�`"'
� � - � -�:et�
. . ''�. ;.Y-���.
; BY: .� �-a- � BY: ,L � k:.;- :�.
I Chair (Date} ts esident (Date) ` �' ' ^� '
I -� /YI/K[=[c-ZUit . �''�
t�.,.
.w- :: :
I A T: ATTEST: �;� �>:
e_ .l '�' � ,:}�`.
Pi in County erk (D� ora cretary ( te) (SEAL) �.�
� �''�'L.
r MAILING ADDRESS {for Notices) : MAILING ADDRESS (for Notices) : � ,.�,j;
� ��
- I Director of Aviation ,/l�C�A .ei/r4.�6-5� /Nc� ' �
� 0233 E. Airport Road ,�3.�5 �- 30� -rY i
Aspen, Colorado 81611 ,i-i+4in�.✓6� Nm d''��'o/ ;
/��7X.' 6ENE' N�aS�,� • ;_ :
With copies to:
- � County Manager
- Pitkin County Courthouse Annex
530 East Main St., Shird Floor ;� •
Aspen, Colorado 91611
�.
� and
County Attorney
Pitkin County Courthouse Annex '�
530 East Main St., Third Floor �
Aspen, Colorado 81611
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MANAGER'S APPROVAL: "'� �� .
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SllZdIIII COIICL7 ri �
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County anager ' j:��_:',
RECOMMENDED FOR APPROVAL: ,'�' ,"--
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� Scott Smith, A. .E. ;
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Director of Aviation �?�".
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APPROVED AS TO FORM:
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John Ely, Esq. lZI3 �� 2 '1�
,./� Count Attor :j�
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Ai port ial ounsel
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APPR ED AS TO BTJDGET:
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I Tom Oken
Administrative Services Director «
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- (Exhibit.01) ; '
� (ISSUed 1Z/11/97) ' '`•
EXFiIBIT "ln ' -'~�
. � r.'',."y.
`i Aspen/Pitkin County Airport !c .
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Lease and IIee Permi.t
Noa-Signatory Airline
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DEFINITIONS FOR USE IN AIRPORT LEASES, LICENSES AND PERMITS: :".?::_.:�:?
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INTRODUCTION: So far �s the County is able to determine, there is
no single set of standardized aviation terms available that define, ,
for all relevant purposes, the various classes of commercial
aeronautical operators, the various types of commercial aeronauti- `
cal services and the various classification of land areas and '? .
f .;• building interiors that are used in providing air service. For
example, various distinctions are made between the size of air- ,':��
' craft, frequency and regularity of flights and federal certificates �'�x
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required (e•a• scheduled Airline, commuter Airline, air taxi, air �p
charter) . Some distinctions are even within the control of the �•.`n
! operators (e•ar•, whether the operator chooses to qualify as a Part '�
_ � 121 or as a Part 135) . !
. For this reason, the definitions herein relate to the Aspen/Pitkin �
County Airport and are intended to control only the legal relation-
. ships established in written agreements between the County, ithe
Airport owner, operator and FAA sponsor) and the commercial
aeronautical operators at the Airport.
' � '
To the extent that these definitions conflict with other defini- -�°� �
tions or distinctions, these definitions shall control these legal
relationships. To the extent that other state or federal defini-
tions or distinctions are not in conflict with these definitions, E-
_I they may be used to supplement these definitions.
1. "Aeronautical Activity" or "Aeronautical Operation" or "Aero- �
� nautical Service." Any activity, operation or service that in-
i volves, makes possible, or is required for the flight of aircraft, `
� or that contributes to or is required for the safety thereof.
iActivities, operations or services commonly conducted on airports
� that are deemed to be Aeronautical Activities within this defini-
tion include, without limitation the following: the provision of �,� °
scheduled Airline service to the public; aircraft charter opera- _+
tions; aircraft rental; aircraft management; pilot training; aerial � �1
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si htseein �'�''��.�fi'•
g g; aerial photography; aeriaJ. spraying; aerial surveying; ,• ,,.
aircraft saZes and service; sale of aviation fuel and oil whether - •
or not conducted in conjunction with other included activities; ��`' �`'>
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repair and maintenance of aircraft; sale of aircraft parts; and any
other activities, services or operations which, in the sole judg- �'�'.,
:;'
ment of Pitkin County, can, because of their direct relationship to - �
the operation of aircraft, appropriately be regarded as an "aero- �'��.''
nautical activity, operation or service." _.�: :
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Aeronautical activities are further defined as either: j�,-�=:;.�~'
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a. "Commercial Aeronautical Activities," which are aero- ;,�;,.,�'.:- -
nautical activities offered or provided by a person or ��'` .
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business entity to the public or to other aircraft owners, '.<<
, :
- pilots or operators with an intent to obtain compensation for ��:.i
the aeronautical activity offered or provided; or �;r�`�
ib. "Non-Commercial Aeronautical Activities," which are `::
� aeronauticaZ activities conducted by aircraft owners, pilots ��'.,r
or operators by and for themselves without the intent to y�
� ' �
obtain compensation for the aeronautical activity or operation ' i•
- � conducted or service provided; Non-Commercial Aeronautical ��
; Activities may be part of or in support of a commercial !
j venture, so long as the nature of the commerce is not a
� commercial aeronautical activity.
i
- ;
2. "Airport Agreement." A written document creating mutual
- I rights and obligations involving occupancy and use of the Airport
� that is signed by all parties, and approved by the County (through
its Board of County Commissioners) pursuant to state law and the
Pitkin County Home Rule Charter at a duly-constituted public
meeting. , �
- - Typically, Airport Agreements come in one of three forms: �`
� :
,I a. A ��Lease" is the airport agreement for the occupancy of �
� Airport facilities oz the highest legal gravity. Typically, ��
a lease is offered by the County to tenants that have unique
� operational practices and requirements and is often character- '
ized by long-term (in excess of one yearl exclusive use and/or
involves financing of major capital improvements.
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b. A °Licenae" is an airport agreement for the occupancy and ?'M'� '.
use of airport facilities of leaser legal gravity than a =�.",�' •�;�
lease. Typically, a Zicense is the relationship offered by ��,, ?�
the County to the majority of operators and/or for the occu- -:.'`�"��
pancy of Airport facilities characterized by a short-term (of ; -.
up to one year) exclusive, shared or non-exclusive use. �`�`:,. .
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c, An "Operating Permit" is an airport agreement for the use �'
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of Airport facilities and is often issued in conjunction with �-
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a lease or a license.
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3. "Airport." The Aspen/Pitkin County Airport (Sardy Field) , �`` � "�
Aspen, CO (ASE? - �"; .
"'; .
� ., - ' 4. "Airport Area Occupancy Designations." +`���
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a. "Public Aixfield Area." A term referring to the Airport �_:. . ,
Runway (15/33) ; Public Airfield Facilities Taxiways and ��:Y;
� Taxilanes; and Public Airfield Facilities Ramp areas (other y�.
Ithan the ramp or apron areas to or for which the County has .��1
� previously, or by this Agreement, or may from time to time �!�
lease, assign or grant Exclusive or Preferential Use) ; and any ,��
.. extensions or additions to the above and any other space or
� facilities provided by the County at the Airport and expressly
( so identified for public and common use by aircraft operators
�; in connection with the landing and taking off of ai'rcraft, or
� in connection with operations hereinafter authorized to be
, performed by aircraft operators upon the aforesaid Runways,
Taxiways, Taxilanes and Ramp areas; but only as and to the
extent that the same facilities are funded by grants from the �' •
Federal Aviation Administration (FAA) and are from time to
time expressly designated by the County at the Airport for
public and common use by the aircraft operators.
_�
� b. "Airline Area" or "Airline End." A term referring to the ;
southern half of the Airport (approximately) ; that part of the
' Airport occupied and used primarily by facilities for and �
+ operations of Scheduled Airlines (Parts 121 and 135) holding
I "Certificates of Public Necessity;" the Airline Area is �
separated from the General Aviation Area or General Aviation
End of the Airport by'a double yellow line at approximately A-
5 on the Taxiway.
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c. °General Aviation Area," °GA Area" or "GA End." A term � � .c
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referring to the northern half of the Airport (approximately); - 1s
that part of the Airport occupied and used primarily by •;,;'�.� �.�•
facilities for and operations of general aviation, especially ' �
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FBOs and S-FBOs and their cusComers; the General Aviation Area �;�; „
is separated from the Airline Area of the Airport by a double
yellow line at approximately A-^5_ on the Taxiway. °���;'.'.;:, '.:
::,:.:�:.•- ':
5. "Airport Area Use Designations." All land areas, buildings, ��
� facilities and improvements on the Airport are designated as one of k`='",`.
the following types of areas, with rights and obligations as ?,y�.�,i`: � "�
, �.
, defined herein: ;�.:.:; '
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a. Common Areas. Those areas designated for use in common i'';^��
_ by certain classifications of Airport lessees, licensees and � '''� �
:i,
� ' permittees; for example, the non-secure waiting and circula-
tion areas in the Airline Terminal. ��''
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� ��
� b. Exclusive Areas. Those areas designed for exclusive use, . '•�i
to the exclusion of others, by lessees or licensees. Exclu- ;,r
sive areas may be shared by LLPs ("Shared Exclusive Areas") , � `��
pursuant to written agreement between the parties subject to ;�
� the prior approval of the County.
If so provided in its Agreement with the County, an LLP may �;
occupy and/or use land areas, buildings, improvements and
facilities solely and to the exclusion of others for the term -
. of such Agreement, as long as the LLP is not in default
thereunder, subject only to the terms and conditions set forth •
therein and the provisions of controlling law. T 1
`. �
The grant by an Airport of an exclusive right to occupy or use
� real estate, which is permitted by federal regulation under �
� certain conditions, is distinguished from the grant by an '
IAirport of an exclusive right to conduct an aeronautical '.�
� activity, which is forbidden by federal regulation. {
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� "Exclusive Area" also may mean that part of an Airport for -
i
, which an Airline has agreed in writing with the Airport to
exercise exclusive security responsibility under an airport
security program. '�
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c. Expansion Areas. Those areas designated by the County �� �- .
foz future use for expansion of aeronautical activities. The `tT•-' �
County reserves the right, in its sole discretion (consiatent =��
with good Airport operational and management practices and the ':����" -'
Airport Master Plan) and without advance notice or compensa- ��J�."
tion to any party, to limit or regulate use or to lease as an j:`: ,�
exc2usive area to third parties. ,
.��-.;: -�: �
d. Government Areas. Those areas designated for use by the ',,;.,:�`;,
County or the FAA for its operations; for example, the County
Aircraft Rescue and Firefighting/Snow Removal Equipment xk� �^
%�: ,::,: -
Building (ARFF/SRE) , the FAA Air Traffic Control Tower, and }�� '
�-.
the runway light system. ' i f���� �
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e. Preferential Areas. Those areas designated by the County � •r�: '�
for use by LLPs on a "preferential" basis; that is, use on a e:i; .
first-priority basis subject to certain conditions including
minimum use requirements and/or the County's right to withdraw �o'�
•:_i
the use or to require shared use, pursuant to the County's : �" �'�.
obligation to provide reasonable access to Airfield facilities '�• �'��
to federally-quaZified operators. Preferential areas may also L '��'
� be shared b arties with existin ri hts therein,
Y P g g pursuant to 2 :i�
� written agreement between the parties and the County. '�
;
� If so provided in its written Agreement with the County, an ;� ,
� LLP may occupy and/or use land area, buildings improvements
and facilities solely and to the exclusion of others for the
term of this Agreement, as long as the LLP is not in default
thereunder, subject only to the terms and conditions set forth
therein, controlling law, and the right of the County to '
withdraw from such Agreement all or part of such zand area,
buildings, improvements or facilities thereon, upon notice to �
j the LLP, as provided in such Agreement.
I ' ;
i f. Public Airfield Areas (a/k/a Public Airfield Facilities) .
I Those areas designated for use by LLPs in common with other '�!
operators of aircraft for the following purposes: Runways, {
� for the purpose of landing and taking off of aircraft; Taxi-
�I ways and Taxilanes, for the purpose of ground movement of ,, .� "
aizcraft; and Ramp areas, for the purpose of unloading and
loading passengers, baggage, freight, mail, supplies and cargo ,,"
to and from the aircraft, together with the right to use �
designated portions of the ramps for delivery and pickup of ��,��. °
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freight, cargo, and mail by ground vehicles or other means and ,•'`�°
the right to reasonable use for it or its contracted vehicles ���
:t•'r, .:
servicing aircraft, and for the purpose of performing self- - _�,a
fueling and other ramp services. �,;�•�;'.'.
LLPs shall be entitled to use the Public Airfield� Areas in "t " '
common with other public or permitted users, subject to
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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 '�"':+`" �'
compliance with the reasonable rules and regulations pre- �%-��' '
scribed by, or which may be prescribed by, the County with ;�`•,�'�` '
respect to the uses thereof including, but not by way of ` "t'
1 � : :
limitation, rules, regulations and directives relating to r;�.�;
�,., safety and security of the Public Airfield Areas. ' �';: .
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g. "Public" Areas. Technically, the entire Airport is
"public" because it is owned and operated by a government � ;�-
� entity and was acquired, developed and is operated largely =.:"�r
i with public funds. However, "public" access to and use of �' •,T
this "public" Airport is variously limited, as described in 6 ,t�
�� these definitions, by the operation of federal, state and 2
;�
: local statutes, case law, rules, regulations and Agreements.
i
` h. Reserved Areas. All those areas not otherwise�expressly
idesignated by the County as defined hereinabove.
i
' I i. Shared Exclusive Areas. Those areas designated for
� exclusive use by two or more LLPs.
6. "Airport Facilities Designations." "Facilities" is a catch- ��
' all phrase, including buildings, pavement and other improvements, : i
;
� equipment and any personal property not included in the definitions
of Buildings, Improvements and Equipment, describing materials to
� provide services, or to support the provision of services, to
aeronautical and airport-related uses. ;,
i J
� a. "Air Operations Area" ("AOA") . The portion of the �
Airport within the security perimeter fence designated for .
i
� aeronautical activities only, especially the storage (covered •' '
� and uncovered; transient, short-term and long-term) , movement,
servicing, taking off and landing o£ aircraft.
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b. ��Aircraft Parking Areas." The paved portions of the AOA '•
identified and used exclusively for the uncovered, non- ��:'" �`'>
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- temporary parking of aircraft and incidental movement of
Aircraft thereto and therefrom. ��='��-, ��
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c. "Aircraft Staging Areas." The paved portion of the AOA �'��
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and the Airline and General Aviation Areas identified and used � ._,�;:;:.,:��,
for temporary parking of aircraft for the purposes of loading, 9:'i`' "
unloading, line service and incidental movement to or from �+.%:�;r�°'
Aircraft Parking Areas. �k,:?'',.:.
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d. "Apron." The paved portion of the AOA around the outside :-. . .
.�, : ..
perimeter of a building or facility to a width of 15 feet. �Y ;,
+ :;+.
r:..
� �: e. "ARFF." An acronym meaning "Airport Rescue and Fire �;;r��
Fighting." �'� •
,�.'��
f. "Building." A roofed, enclosed, heated, insu2ated non- ,.".,�c
temporary structure with a foundation and utilities. j. Y�r
. '•l�
. g. "Equipment." Business or personal property used by a p �;�
Commercial Aeronautical Operator in the provision of Commer- `!�
cial Aeronautical Services or Activities. �
h. "FFEI." An acronym that stands for furniture, trade fix- �i '
tures, equipment and inventory, but includes all business and
personal property that is not real estate that is used by a
! Commercial Aeronautical Operator in revenue-producing activi-
ties.
, :- .;,' .
i. "Fixtures." As distinguished from trade fixtures, � ' �
fixtures are property used by a Commercial Aeronautical
I Operator that are attached to real estate and are not intended
to be removed upon the end of a tenancy unless otherwise
Iagreed by the parties. '
j. '�GA Facilities." Public-use facilities on the Airport I
primarily to serve General Aviation aircraft and passengers
and S-FBOs, e.g. Aviation Fuel Farm, T-hangars, S-FBO .facil- 'f ��
ity.
.�.'.
k. "Groundside Area" ("Groundside") . The portion of the �.�
Airport outside the security perimeter fence designated for _�'
5
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non-aeronautical activities in support of the Airport's "'�`� .
�..,: �
aeronautical activities including, without limitation, �i�i� •�;, .
passenger ticketing and waiting, baggage loading and pickup, - � "`�
motor vehicle circulation and parking, ground transportation -;?�'�.".;'
(rental cars, taxis, limousines, buses and hotel/lodge/condo , .'
vans) and non-aeronautical passenger services (food/beverage, j'`;��•
gifts, telephones) .
`:y..:;_;:
1. "Hangar." An enclosed structure designed and uaed for ;,_:;',.�;`',,
the storage of Aircraft and items necessarily incident to �` 'Y
aeronautical operations. . ..k �^
�' :
m. "Improvements." The products of the expenditure of funds F':`'.
relating to real estate that are not Buildings or Facilities ` "
- � including, without limitation, pavement, utilities and rr°5
r. G�.;. .
• drainage structures. �;; •.
. Py;
n. "Public Airfield Facilities." The paved portion of the ��;�,�
AOA excepted from the areas leased to the Airlines and the ��`'r
FBO(s) consisting of the runways, taxiways and designated •.�'1�
taxilanes. '��
- � l
o. "Ramp_" The paved portion of the AOA, identified and
� used exclusively for the staging, storage and incidental ;'
; movement of aircraft including Aircraft Parking Areas and
'3 Aircraft Circulation and Staging Areas.
I
�
- I p. "Runways." The paved portions of the AOA and the Public
� Airfield Facilities identified and used exclusively by
aircraft for taking off and landing and taxiing immediately '
before and immediately after takeoffs and landings. �
q. "Security Identification Display Area" (SIDA) . That part
-� of the AOA that is reserved exclusively for use by Airlines
and requires a security clearance for unescorted access by
persons and vehicles. `
� r. "Taxilanes." The paved portion of the AOA identified and 4
• � used exclusively for the movement of aircraft to and from the
Public Airfield Facility Taxiways from the Airline and General
Aviation Areas and for internal circulation of aircraft within
those areas.
., .
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. s. "Taxiways." The paved portion of the AOA and Public .`'�° .
Airfield Facilities identified and used exclusively for the '
$.' .�
movement of aircraft to and from the Runways from the Airline :�,�
and GA Areas. i';'
• :y, ''_�•
_ +
t. "Terminals." Buildings identified on the Airport Master ' � " '
Plan, as amended, for use in Airline and General Aviation �,�� �
commercial operations as the connecting point between the
Groundside and the AOA between aircraft and passengers; ��"�,'�� '
I includes all vertical walls and openings. "'':i-'�''
i
i
u. "Trade Fixtures." Business or personal property used by -
� a Commercial Aeronautical Operator that is attached to real
� estate but is intended to be removed upon the end of a tenancy ;...::.
unless otherwise agreed by the parties. ���
_ ..j � •�
+._, . i
i v. ��TUrnoffs." The paved portions of the AOA and the Public
; Airfield Facilities identified and used exclusively by air-
I •�,�
craft for transition between the runways and the taxiways. �
'!,`
..'��;
I7. "Airport Rescue and Fire-Fighting." See "ARFF," above. ,�;
i
8- "Airport Revenue Bonds." Financial lending instruments that ��
' are the product of a process to finance redevelopment, development ,t
� and capital improvements on the Airport by the issuance of munici-
i pal bonds (usually tax-free) that are repaid from and secured by _
iAirport revenues. As part of a Bond issue, the Airport makea
� certain representations with respect to the management, operation
' and financing of the Airport (Official Statement) and undertakes
certain responsibilities (Bond Covenants) . .� ,
9. "Airline." A Commercial Aeronautical Operator holding an
� operating certificate issued by the Federal Aviation Administration
I ' (FAA) of the U.S. Department of Transportation, pursuant to Federal !
--iAir Regulation (FAR) Part 121 or Part 135, and operating under a
i published schedule, pursuant to a "Certificate of Public Neces- ,�
� sity.��
I
� 10. ��Airline Designations." ,
a. "Non-Signatory Airline." An Airline that does not
qualify (or has not yet qualified) as a Signatory Ai�line, but
that occupies and uses the Airport Airline Terminal and
� ;1;�.
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associated land areas and facilities pursuant to a written �'� �-
Agreement with the County. �;'r� ��
": 'a
- b. "Requesting Airline." An Airline that is qualified to -:z',.'',.,'
, request occupancy and use of the Airport Airline Terminal and , '
associated land areas and facilitiea by having filed a com- j:�`;';. .
plete application under the Airport's then-current Airline ;
Terminal Access and Space Allocation Policy. "�'�`'"`•1
�,,�-. -
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c. "Signatory Airline." An Airline that meets the following
minimum requirements: ,k�'�'�^"
� '�:�<.`°;,_
�
i. Has entered into a written Lease and Use Permit + y`�
with the County, with a term of at least one year, ��"'�
° +'�s�=
for the occupancy and use of the Airport Airline -a,r <<
Terminal and associated land areas and facilities; ��; ..
and
�:�.�
ii. Undertakes to provide and does provide scheduled '�s
� ' r.
Airline service of at least one flight daily on a ..'��
' year-around basis; and s
2
1 iii. Agrees to pay Airport rents, fees and charges on a �
"residual basis"; and �
iv. Has, in the sole discretion of the County, operated
satisfactorily (.�, with no defaults or notices
, of non-compliance) under a County Lease for at -
least one full Operations Year (November-October) ,
or has provided extraordinary performance security •
in support of the obligations of a Signatory Air-
line. i.
j11. "Airport Master Plan." The planning document that is commonly �
� referred-to as the "Airport Master Plan" is in fact two separate ;
j ' "Master Plans," as follows: ':!
i
a. "Airport FAA Master Plan." The Airport "Master Plan" �:
adopCed by the County pursuant to federal regulations and ,' •
procedures as a pre-requiaite to federal funding of Airport �
' improvements. -
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b. "Airport County Land-Use Master Plan." The Airport y,• ',
"Master Plan" adopted by the County pursuant to the Pitkin �`�
-- County Land-Use Code (un@er the Master Plan Option for areas .�'' ��;�
included in a Public Zone District) as a pre-requisite to r '"' �
.;,•:�•�.
local approval under the land-use code for applications by the . _
Airport for re-development or further development. �-� �� '
!=
An "Airport Land-TSse Identification Plan," which is an exhibit to _.;'.`,..�`.
the Airport's Minimum Standards, while not technically a "Master fi'`�`;; '�
Plan, " has master-planning elements and should be done in co- �`-�+;� �`
ordination with the Airport Master Plan. i.k::�`'
� �
'.'�.':.';`�. .
� h„i.
� 12. "Airport LLPs" or "LLPs." An acronym meaning "Airport ;�;:, r
Lessees, Licensees and Permittees." Those persons or business ;�; ,;.
entities holding current written Agreemente with the County "��'.
�r;.,s
(variously structured as leases, licenses or operating permits, or ,.4? '
combinations thereof) to conduct commercial operations at or from "�'
the Airport.
�':;.
,�a�
13. "Commercial Floor Area." As further defined in the Pitkin � �
. � County Land Use Code, as amended, Commercial Floor Area is interior �,,��
habitable space, used or designed for commercial purposes, which '��
has growth impacts (employees, traffic generation, consumption of �f
utilities, etc.) . , s�
14. "COUnty_" Pitkin County, a home-rule County organized under
. the laws of the State of Colorado, as represented by its duly-
, elected Board of County Commissioners (BOCC) . By law, the County
may only take binding actions (by Motion, Resolution or Ordinance)
pursuant to a formal vote at a duly-constituted public meeting. .'� ,
15. '"County Representative." The BOCC may be represented in
i matters affecting the Airport by its designee, the County Manager,
� or the County Manager's designee, the Director of Aviation or the i"
:I Director of Aviation's designee, as indicated in writing. f
I `�
I6. "Date of Bene£icial Occupancy (DBO) ." A date specified by the 1
� County on which an Airport LLP begins revenue-producing activities
iat or from the Airport. For newly-constructed facilities, the DBO f ,
occurs after Substantial Completion and may be on or after the
issuance of a Certif�icate of Occupancy.
�.
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' 17. "Director of Aviation." The County Representative for ' '=
purposes of operational and administrative decisions at the . .+
Airport. � � � ?�
��:�' .
�:�.,.�:�'.
18. "Emergency." A situation or set of circumstances involving " •
c .. �
the Airport that presents existing or imminent threat of substan-
tial harm to life or property. An emergency may be apparent or
"declared" by the Director of Aviation or his designees or, in his `='•'�7 '
�:�.:•' . ;:
absence, by authorized ARFF, fire, emergency response or law •:•'
enforcement personnel. `t Y ��.
19. "Enterprise Fund." An accounting device and financing process '"
whereby all Airport revenues and expenses are considered as one
fund and not commingled with other County revenues and expenses.
The Airport has adopted the Enterprise Fund concept in part to come �"��;
� -. �'. into compliance with FAA Grant requirements that the Airport charge ! ,.
sufficient revenues to be self-sustaining and that all Airport ;;,
revenues be used for Airport-related purposes. ��_�.
Ii r'�`
i 20. "Environmental Quality Improvement Plan" (EQIP) : A written ,
� plan, incorporated into an Airport Agreement, that identifies ��
� •
, existing and potential environmental hazards and plana for the
; reduction or elimination of environmental degradation caused by
' operations arising from the occupancy and use of Airport facilities a
t ' pursuant to the Agreement_
f -
21. "Equitable Adjustment." A temporary or permanent adjustment
iin the revenue and/or the expense structure of an Airport lease,
; license or permit that is negotiated by the parties thereto in
response to some future change in circumstances specified in the
lease, license or permit. An Equitable Adjustment may provide for
a net decrease in the rent, fees or charges owed to the Airport by
the LLP and/or a decrease in the obligations of the LLP. An
Equitable Adjustment is to be the minimum adjustment that is {
' commercially reasonable to respond to the change in circumstances. �
t
'i 22. "Exclusive Right." A power, privilege or other right ex- 1
� cluding or declaring another from enjoying or exercising a like f
� power, privilege, or right. An exclusive right may be conferred •
either by express agreement, by imposition of unreasonable
standards or requirements, or by any other means. Such a right i
conferred on one or more parties, but excluding others from
�i�'
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enjoying or exercising a similar right or rights, would be an ''`'"
exclusive right. ��. i.
; : .. '�a
The grant by an Airport of an exclusive right to conduct an 'y��.�• -�
3 aeronautical activity, which is forbidden by federal regulation, is '��-
distinguished from the grant by an Airport of an exclusive right to H"�:,-,
occupy or use real estate, which is permitted by federal regulation
under certain conditions. -�r; ���•
, �I`.�.::F.
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23. "FAA.° Federal Aviation Administration, Department of Trans-
, portation, United States Government.
� _
� 24. ��FAA Facilities." Those facilities Ieased, constructed, used `
,-� or occupied by the FAA, including the FAA ATC Tower, ATCRBS Base ,°�
''� Building and related facilities. ' �7�
� �
i
25. "FAA Grant Agreements.° The written agreements between the
County and the FAA, issued by the FAA and accepted by the County as r1-� .,
conditions of receipt of federal airport redevelopment and ��
t�`.
development funding, that set forth certain contractual obZigations
_ of the County to FAA with regard to the planning, financing and �1�
operation of the Airport_
I26. "FAR." A Federal Aviation Regulation promulgated by the FAA.
27. "FBO Facilities." Public-use facilities on the Airport
. primarily to serve the customers of a fixed-base operator, e•a•, GA
� Terminal, Main Storage Hangar, Maintenance and Repair Shop/Hangar.
� 28. "Fixed Sase Operator (FBO) ." As more fully defined in
i Airport's Minimum Standards, a Commercial Aeronautical Operator
�� that maintains facilities at an airport for the purpose of:
-- �I
�f a. engaging in the retail sale of aviation fuels primarily
;E� to purchasers other than (1) scheduZed or supplemental
� Airlines, or (2) the Department of Defense; and
��
� b, performing the minimum aggregation and level of the
following aeronautical activities and/or services: retail fuel � •
� sales, maintenance, servicing, parking, tie-down and storage. f
• An Operator that provides at least the minimum required aggregation �
and level of facilities, activities and services, including the �
'1:-.
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retail sale of aviation fuel, is classified as a Pull-service Fixed ,.:,:
Base Operator (FBO); an Operator that provides less than the `
minimum required aggregation of facilities, activities and services '�.`' �'�
�� and does not provide the retail sale of aviation fuel, is classi- ' " �
fied as a Specialized Fixed Base Operator (S-FBO) . �''�.�
29. "Fueling Operation(s) ." The receipt, storage or delivery of s',i ''
Fuel for Aircraft at the Airport. • ..;l:: ;'�,
Y`''�
30. "General Aviation ("GA") ." The classification of Airport uses �;-.�'.,�.��.
involving either: non-aeronautical commercial aircraft and uses; or ;'k',.:;''.;'
aeronautical commercial aircraft and uses under FAR Part 91 and 135 �,;'-�. -
� that do not provide scheduled service or require an FAA Certificate i'�" .
.�.:; ..
� of Public Necessity. ; �.;
� •,
�r•�;: _
}_ __I i:,.�;^.
.:�. ::
' 31. "Handling Agreement." A written Agreement, approved in L' -
advance by the County, between a Signatory Airline and a Requesting ?> �
�.::
AirZine, for the Signatory Airline to provide certain services ��`,.i.
necessary to support the provision of scheduled commercial air � !'.t
service to the Airport by the Requesting Airline. " .��
..�
32. "Lease Year," "License/Permit Year" or "Operations Year." A !�
� "lease year" or "operations year" hereunder shall be as specified
in an Airport Agreement or, if not specified, a calendar year
.' commencing on January 1. �;` �
. + 33. "Person." An individual, firm, partnership, corporation, :'
� company, associatzon, joint-stock association, or governmental !°
entity. It includes a trustee, receiver, assignee, or similar
representative of any of them. ( `�
I34. "Premises." Certain identified Airport land areas, buildings
and facilities, collectively, that are occupied and used by a
+ Signatory Commercial Aeronautical Operator pursuant to an Agreement
� with the County. f
� 35. "Procurement Action." An administrative process, undertaken ')
by the County pursuant to its then-current Procurement Code, for i
I the public solicitation and competitive selection of a provider of �
goods or services to or through the County.
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_...1�..�e1,�.�.. �i$,� 1,�. �.'�'- - ,.�. 7" ��la .. �c.•- ��.� �ti7'ft'.� •,r.:$:.IC.a�t>...Pr,...�x_... t 11 x z
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' 36. "Repair and Replacement." The procedures necessary to correct '�.t�i= �;
_, damage to any tixtuxes, trade fixtures or equipment caused by �'3
casualty or passage of time, in order to return such damaged items �:y���';.�;'
to the same condition as when initially installed and/or con- : '.
structed. All repairs made sha12 be at least equal in quality to 1��`•'�•
the original improvements constructed. �4- �� �
;"�*;-:.`i.
37. "Retail Fuel Sales," The conduct o£ Fueling Operations by a ',.;;,:::��.:
Person for money or other valuable consideration (present, past or
future) including services of any kind whatsoever. ,����'> '
'�` _
-s=':` .
38. "S-FBO Facility." A separate buiZding containing separate '�'``.
aircraft han ars, sta in and c'"
g g g parking areas, and supporting �;,�
� , administrative, reception and storage areas for the operation of S- (;rr`"
,,,
' FBOs. i i� -
39. "Self-Fueling Operations." The conduct of Fueling Operations �a:;. ,
by a Person for its own Aircraft, using its own equipment and by F ;�i•
I its own employees. •`')�
. �1�
� 40. "Signatory Airport Operators." General Aviation Commercial
Aeronautical Operators holding valid, then-current written leases, ;�
` licenses or permits from the County to conduct and/or provide
{ Aeronautical Activities or Services. �
.;
� 41. "Specialized Fixed-Base Operator" or "S-EBO." As more fully
' f defined in the Minimum Standards, a Commercial Aeronautical
� Operator that is permitted by the County to provide one or more
� Aeronautical Activities or Services at or from the Airport, but '
' fewer than the minimum aggregation of facilities, activities and
� services required to be qualified as an FBO.
- An Operator that provides at least the minimum required aggregation
and level of facilities, activities and services, including the �
� retail sale of aviation fuel, is classified as a full-service Fixed '�
1 Base Operator (FBO) ; an Operator that provides less than the +
minimum required aggregation of facilities, activities and services
� I and does not provide the retail sale of aviation fuel, is classi- "
� fied as a Specialized Fixed Base Operator (S-FBO) .
i
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COPY OF THZS EXHIBIT RECEIVEb BY LLP: ��' �`•
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(Issued 11/11/97) �`•'�'�;�°�',�s
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EXHIBIT "2" +:'i:
��:�
Aspen/Pitkin County Airport '�-Y�_�:�
Lease and IIse Permit �
_.,.:`; •..
Non-Signatory Airline • '•
"PREFERENTIAL USE" AREAS AND FACILITIES; STANDARDS AND PROCEDURES: ���' ��
The County reserves certain rights in Airport land areas, buildings �~`��` �
and facilities occupied and used by its Lessees, Licensees and .`=`';r• '
Permittees ("LLPs"} that are designated "Pre£erential Use" in order •�;k.:+�•"
to accommodate a number of public interests, including: to maximize ��:.''�' •
_y`� '
the efficient use of all Airport land areas, buildings and facili- �"
;� .;, .
ties; to comply with its obligations under federal law to provide ;,, :;,
, , reasonable access to the Airport by accommodating the entry of new �;;� ,,
Airlines and b ensurin uniform treatment in access to and �`"' `'
Y J e':%
' occupancy and use of the Air.port by all Airlines. ���''
� Cri'�!,•`�� .
� To these purposes, an Airport LLP, with respect to the Premises �"",f
identified as "Preferential Use," shall be subject to the Y1�
., �n
followirg: „t�
1. Whenever a new Airline becomes gualified, under regulations �
established by the Director of Aviation, to apply for access to the
Airline Terminal and/or, Terminal Tyrea or an existing LLP requests t
'� additional access, such Airline ("Requesting Airline") shall iirst
ifile a Notice of Aequest for Access with the Director, which Notice
� shall contain all pertinent details of the proposed Airline
operations including, without limitation, the amount, . type and
location of land areas, building areas and facilities requasted; ,
the type and schedule of new or additional aeronautical services to
be provided; the commencement date, agreement term anc3 agreement
type requested; and the numbers and types of personnel, aircraft
and ground support equipment to be used. i�
� �
! Upon receipt of such Notice, the Director shall determine the ,;
! E
�� classification of the Requesting Airline (both at the time of the �
i request and after such request, if granted) and whether the
� existing Airline Terminal areas and facilities are being fully and ,
efficiently utilized by existing LLPs.
� 2. If the proposed operation requires additional commercial floor
; area Sby construction or conversion) , the Director shall anaZyze
the proposal in light of the Airport Planning Process and require 'i;°
i the appropriate land-use and building permit applications. � ��-_
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3. If the Director determines that the Requesting Airline does ��,�t- ls,
not require additional commercial floor area (or pending the P, i ',h , ::
application and construction process for such area7 and that there �w�"'��;�tifti;
are na vacant areas and facilities to accommodate the request or �'�`: .
that areas and facilities of other LLPs are underutilized, the :;t;,� .,
Director shall forward the Notice of Request to all Signatory �.;�a
Airlines and thereafter the Requesting Airline and the Signatozy -:,;`�'• -
:,'
Airlines all shall have the obligation to negotiate in good faith ` �
to reach an agreement to accommodate the Reqvesting Airline, �,'�.��,
whether by sub-lease, "handling" agreement or the like.
�.
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4. If negotiations are fruitless and the Requesting Airline ; ,.:
,;;:rs..r:::-
demonstrates to the satisfaction of the Director that it has j"�; ,,.
pursued all reasonable efforts to secure accommodation with the �;` .`. :
' Signatory Airlines without success, the Director shall then notify "
all Signatory Airlines at the Airport in writing that, if the � . "
Requesting Airline is not accommodated within a reasonable period ; '�
e_, from the receipt of such notice, the Director shall select one or
more of the Signatory Airlines to accommodate such Requesting �
Airline, by the conversion o£ the Preferential Use Areas and �;
Facilities of the Signatory Airline(s) either to Preferential Use -�
by the Requesting Airline or to Shared Use by the Requesting '��
; Airline and the Signatory Airlinels) . � n
.�;
, •��,
5. If, at the end of such period specified, the Requesting
' Airline has not been accommodated, the Director shall direct, in
his sole discretion, one or more Signatory Air2ines to accommodate � .
, the Requesting Airline. The factors to be considered by tne ' '
! Director in making this direction shall include, without limita- �
tion: current utilization of Exclusive and/or Preferential Use
Space (on a gross flight number and/or enplaned passenger basis),
schedule compatibility, union work rules, and competitive relation-
ships. The Director shall send wxitten Notice of Direction to the i_'. •
Signatory Airline(s) selected to accommodate the Requesting Airline
to begin such accommodation within ten (10) business days from the
i receipt of such Notice. Such Natice shall contain the basis there-
i for and shall be final_ �•
' The reasonable costs of the physical changes to "the Prem�ses �
� necessary to make all accommodations shall be paid by the Request-
ing Airline. From and after the date of all accommadations, t�e G
rates and charges o£ the selected Signatory Airlines shall be j •
adjusted proportionately.
k ,
6. The County reserves the right to establish and determine, ?n
its sole discretion, the standards and priorities for occupancy and
use of the °Preferential Use" areas and facilities betwezn and _', _
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among classifications of Airlines, which standards and priorities w`.��;�;;,�
may include, without limitation and in no order of priority: the '''" .
numbers of enplaned passengers to be served by the operator on an , .:,�
annual basis, either historically or projected; the length of term :. �1
of the Airport Agreement requested of the County by the operator; i��•�<
��-_:,_,.
the nature and extent of any capital improvements to the Airport to +,
be funded by the operator; the respective initial dates of service �:,��, '
1 of the affected operators to the Airport; and the extent to which 5:,:':;; �
the operator complies with or advances the County's air service, • _-
airport management, airport planning and land-use planning goals.
�:�
i COPY OF IS EXHIBIT RECEIVED BY LLP: `�
F,'i✓,c �,,,' .
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. (Issued lI/11/97) ,.!�!';;��.:
EXIiIBIT N3" Y` 4'��'1
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Aspen/Pitkin County Airport �J. ;
Lease and Uae Permit :�� '
Non-Sigziatory Airline ��.r j._.,
�
RESERVED RIGHTS OF PITKIN COUNTX: County reserves the following ii '.', �J
rights with respect to the Airport and the leased or licensed " • •
�t�:., :�_
occupancy and permitted uses, operations and activities to be
��:;�i_:'-. ,:-
conducted thereon by LLP:
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1. County reserves the right to unimpeded access over and across '= "
� t;.:�:.-:,'�
the land areas of the Premises; provided, that County shall not, in �,`� '
the exercise of this reserved right, unreasonably interfere with or
� s - •' j impair LLP's rights hereunder or LLP's use or operation of such
� areas. County also reserves the right ta enter into the buildings
+ and other improvements of the Premises, including Exclusive Use
� areas, at times and in a manner reasonable to the circumstances of
1 �_ .
� each entry, for the purpose of inspecting the Premises, enforcing �
' any of County's rights hereunder, preventing waste or loss, or
i� responding to emergencies. �
I
�j 2. County reserves, for the use and benefit of the public, the
jright of flight for the passage oi aircraft in the air space above
; the surface of the Premises, together with the right to cause in
' �� said air space such noise as may be inherent in the operation vf
�� aircraft utilizing the Airport.
. 1
3. County reserves the right to protect the aerial approaches of l
�: the Airport against obstruction, incZuding the right to prohibit ;
4; LLP from erecting, or permitting to be erected, any building or - �.
ti other structure on the Premises which would, in the reasonable �
�' judgment of the County, constitute a hazard to aviation. ^
!I �
� , 4. County reserves the right, during the time of war or nat�onal �
. 6 ( emergency, to lease the Airport or any part thereof, including the
i,� Premises or any part thereof, to the United States Government for
military purposes, and, in the event of such lease to the United
' 1 States for military purposes, the provisions of this Lease shall be
� suspended insofar as such provisions may be inconsistent with the -
� provisions of the lease to the United States.
4 ;
5. County reserves the right to direct all activities of LLP at �
' the Airport in the event of an emergency, subject to the rules, �
i
j regulations and required procedures established by the FAA and/or _ «-,�,.
! the National Transportation Safety Board {NTSB) . `��-.
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6. County reserves the right to subordinate the provisions o£ ,�'W,. � �±�''-`
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this Lease to the provisions of any future Agreement between the , ��,:t,�,k:.
County and the United States Government relative to the operation, '�`"
maintenance or development of the Airport which Agreement may be ::,T:i•�' .�;,
required as a condition precedent to the expenditure of Federal '��
Funds for the development, maintenance or operation of the Airport r;•,A�.- •�•
and, if such an Agreement is entered into between the County and " �
the United States Government, the parties agree to execute an �.'<:,� ,
amendment to this Lease/License/Permit so as to remove any material
inconsistencies between this document and any Agreement with the '�� "
United States Government. Furthermore, in the event that by reason �� .= '
of any such Agreement with the United States Government as .`'"'`:'r•' �
aforesaid, it becomes necessary to modify, relocate or remove any ;�='^
im rovements or other structures situated on the Premises, LLP '�" '` �
P �,•. :
agrees to modify, relocate or remove any such improvements or .�.`>: '
structures as directed by County and County shall compensate and r� ��-
reimburse LLP for reasonable damages, costs and expenses (including ; �'�: •_
" �C..,•,�'-:
' ' modification, removal or relocation costs) suffered or incurred by �''
�:
LLP in consequence thereof.
, ��:' .
� 7. County reserves the right to grant other leases, licenses, 'f
� permits or rights to occupancy or use of the Airport so 7.ong as �' �
„'�I:
such other grants do not unreasonably interfere with or impair . !'
� LLP's rights hereunder or LLP's occupancy or use of the Premises, ? ��
and also reserves the right to direct changes in the way LLP con-
ducts its Airport operations in the event that County determines, ;-I
in the exercise of its reasonable discretion, that one or more
� aspects of LLP's method of operation is unreasonably interfering �i
� with the lawful and proper occupancy or use by others of the
Airport. The County represents that this right will be exercised
pursuant to its Airport management policy to treat all LLPs within
' each operator classification as equally as is practicable. -
i
� 8. County resexves the right to maintain, repair, redevelop, <.
{ further develop and/or improve the Airport, including the Premises,
1 as County deems appropriate, without interference or hindrance by
x
LLP, and County shall have no liability hereunder or otherwise to
LLP by reason of any interruption to LLP's operations on the - ��
Premises occasioned by such development and/or improvement of the �
Airport. Prior to any proposed County project that materially �
affects the operations of any LLP, the County shall inform the LLP =�� -
� ,
of such project, shall consult with the LLP concerning such project
and shall attempt to minimize disruption to the operations of LLP 4
caused by the construction or completed operation of such project. �'�
If LLP sha12 be unable to conduct reasonably normal business opera- �:�1, �
tions on the Premises by reason of any such project, then rent and "
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other fees a able b LLP hereunder shall be sub'ect to E itable �• y�
P Y Y J 4u� ���,;,;
Ad�ustment during the period of such interruption. �'�,�� ���
�_'..`�:t'}�;i�
9. County reserves the right from time to time to amend Title IV
�,'' �%
(Airport Regulations) of the Pitkin County Code, in accordance with ;'" "`•>
ir .-.,,3
normal Code amendment procedures, and LLP shall be subject thereto, �,'.'
�,, �
; provided that no such ameridments shall unreasonably interfere with !` ` ,
i or impair LLP's rights hereunder or LLP's use or operation of the �-= •�
Premises as herein described. �`{� ''
�
COPY OF THZS EXHIBIT RECEIVED BY LLP c !�}`,%":`•' ,`
� ��:r.::.Y:
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(ExhibiC.04) .'��° .
(Issued li/il/97) '
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EXHIHIT ° g n
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� Aapen/Pitkin County Aizport . 4�i,'.' '
Lease and Use Permi.t
Non-Signatory Airline ;>%� :�'�
�;,..s.
,.:':`.r
ANNUAL AIRLINE RATE-MAKING PROCESS:
1. Budget and rate-making schedule: Generally, the county
adheres to the £ollowing Airport rate-making cycle, but reserves
- •- the xight to act when and as circumstances warrant: �,�
+..., iY�
. e
a. In November of each year, the county consults with � �:
Signatory Airlines on operating budget projections for the E"-,
following year and an updated Capital Improvement Plan {CIP) -
The county will, as part of that consultation process, also ,
provide information to Non-Signatoxy Airlines and solicit
• input from them.
b. In December of each year, the County adopts its budget,
with input from all Airlines, and sets Airlina rates and
• charges effective January 1 of the following year. '�':'
• c. In June of each year, the County may consult with the
- Signatory Airlines on updated Airport budget projections and
CIP progress for the current year, actual audited results from i .
i the prior year and any proposed changes to the CIP. Any
� deficit from a residual break-even point may be collected
' through a rate increase set in July.
2. Annualized Rates: The county reserves the right to impose
some form of "annualization adjustment" to its rates for Non-
� Signatory Airlines, such as differential landing fees. Such an
adjustment is intend=d to recover costs directly related to Nc-:-
I Signatory Airlines including, without limitation: [he accrual �_
fixed costs over the Airport's entire annual budget period; �3e
� differential Airport costs between high-season operations and lo•.a-
� season operations; and the "start-up" and "wind-down" cos�s
i associated with periodic operation.
� ' '`�_
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3. Compensatory Rates: The County reserves the right to change E�` .l:.
its rate-making structure, currently a "modified residual"
?f: -�.
� structure to some other structure including with limitation, a . �:�
� "compensatory" structure. �,.��.'- .:
:,,
+ COPY OF THIS EXHIBIT RECEIVED BY LLP: � ,i.,:° �
_<..
By: PsiOr_a1T� /�fJ�G�l7�V�S/o� /�^grcj7
(Ti e? (Date) �
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structure to some other structure including, ith limitation, a �.!� �"
"compensatory" structure. '?•'� '`%
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COPY OF THIS EXHIBIT RECEIVED BY LLP: "r"���- �,-
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! By: 1' -t ,r ' //"ZS" -rl7 ;��!t' �.
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(Title) Lly'f�cSIL'h.rt�a� (Date)
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(Exhibit .p5} "'y j?';:
(Issued il/11/97)
EXSIBIT °5" �:;:;`" .;
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Aspen/Pitkin County Airport -
Lease aad Vse Agreements . �-•� �_
Airliaes �t '
AIRLINE ACKNOWLEDGEMENT OF ITS "EXCLUSIVE AREA° FOR FAA AND AIRPORT �i'.`'��`' ,`
SECURITY PURPOSES: The purpose of this acknowledgement is to �'-��'_r�~`
� identify the Exclusive Areas for which Lessee agrees to exercise '.k`,:1�: -.
� security responsibility under the Airport Security Plan an@ to � ��;;'�,� -
outline certain minimum responsibilities relating thereto. �;'� •
; �,; .
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�� 1. General Provisions: Aaronyms used in this acknowledgement are ' r;x ,_
�
' as follows: Federal Aviation Administration {FAA), Federal ;+�`'
Aviation Regulation (FAR), Security Identification Display Area �t` '
{SIDA) , Airport Security Plan (ASP), Airpdrt Security Coordinator �a�
! (ASC), and Airport Administrative Staff (AAS) . Definitions of the �",:x
� above terms are contained in FAR 107.01 and the ASP. �• �,�
,,��;
j For the purposes of this Acknowledgement, all areas identified in e ' �
` the Lease as Exclusive Use Areas and/or Preferential Use Areas, for �j
� real estate purposes, shall be deemed to be "Exclusive Areas,n �OY 4r,�
security purposes, pursuant to FAR 107 and thE ASP.
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� � For the purposes of this Acknowledgement, a "member of the "AAS"
� shall mean one of the following Airport employees: the Director of _
, Aviation ox his/her designee.
2. Lessee Responsibilities. Lessee shall have general security
responsibilities for all land areas, building areas and facilities
occupied and used under this Lease,
; However, pursuant to FAR 107.13, as it may be amended, Lessee shall
� have primary security responsibilities for its Exclusive Areas and '
; associated access pointe, which are identified as follows: (a) �. '�
�outs of public access to and from its Exclusive Areas; and lb) � 'I
areas in. abou�, and immediately adjacent to its Exclusive Areas; ,
and (c) All locations, doors, and gates of ingress/egress onto the ��.
SIDA to and from its Exclusive Areas.
3. An outline of Lessee's general security responsibilities (as
more extensively @escribed in the ASP) is as follows: ��`
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a. Lessee shall not ermit unescorted access within its "�;`'' �''
P ". '�a
Exclusive Areas by any unauthorized cuetomer, patron, guest, _.y.�'-'�.
or visitor. Unauthorized or unbadged persons found in such - .
areas will be challenged and required to produce a valid "'i '
Airport-issued or Airport-approved identification card or �� � �
badge. �,' `,
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Lessee will use the equipment, facilities, and procedures •'-�''.�"K�
delineated in the ASP in order to control access to i.ts �;.��'`
Exclusive Areas, to controZ movement of persons and ground ',�':<:�'-` '
'i vehicles within such areas, and to promptly detect and take `�`
� action .to control unauthorized penetration or attempted ��.. .
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( penetration of such areas. "�i�.::
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� � b. Lessee shall provide appropriate training for all �!'
employees and contractors detailing specific security ��:'
responsibilities and procedures. t''Yr
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c. Lessee shall comply with the personnel and vehicle ,��
identification requirement as outlined and set forth in the
i appropriate sections of the ASP to control the movement of ��
persons and/or vehicles within the Lessee's Exclusive Areas.
I d. Lessee and the ASC shall meet from time to time, at the '� ,.
.i
� request of either party, to discuss, review, coo;:dinate and
� update FAA and ASP security requirements and responsibilities.
e. Lessee shall promptly notify a member of the AAS whenever � �� .
the Lessee believes the procedures, facilities and/or y '
equipment are not adequate to perform the associated security
control functions.
4. In the event of the following occurrences, Airline shall
� immediatelv notify a member of the AAS or i£ a member of the AAS is ,,
not immediately available, the Pitkin County Sheriff's Office j
• through the Aspen/Piktin County Communications Center (920-5310 or ��
' 9-1-1) . '
a. Any person who is not properly displaying or cannot
produce a valid identification badge will be escorted off of i '
the SIDA and will be referred to a member of the AAS. �;,
Notification will be made by whatever communication system is =i
,
immediately available, including, without limitatzon,
i telephone, company or aircraft radio or direct voice contact. ,� i
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b. A suspicious act is observed or an unresolved question '?�'�''�::�
arises concerning airport security. ''; �..
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5. In the event of the following: " � 13
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a. The discovery of any lost badges and/or keys, or the ��:c ,, .�:�'
dismissal of any badged employee. It will be the J�`' ,:
responsibil.ity of the Lessee to return any airport %'-
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identification/access badge to a member of the AAS as soon as � f
• possible after the release of any employee for any reason. � ,
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b. If any control mechaniem to any access control point ���
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which allows access to the SIDA fails to secure properly or is. �
found to be open, Lessee personnel will "stand by" until a •
member o£ the AAS is notified and arrives to investigate. `' `,
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COPY O T S EXHIBIT R CEIVED BY LLP:
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j Si n Title �µJ�"`� Date t ,
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(Exhibit.06j ;. .i.
(Issued 11/11/97) �..��
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E7CFiIBIT "6" '.. " '
I Aspen/Pitkin County Airport �;.�•�`., ';
Lease and Use Permit �
� Airline
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ENVTRONMENTAL QUALITY IMPROVEMENT PLAN (EQIP) : With respect to the ���' "
Lease and Use Permit to which this is attached, the EQIP for that �y' '`.^' •
occupancy and use of Airport land areas, buildings and facilities 4-'
shall have the following elements: -
�. . . .
1. Air Pollution, LLP shall take the following steps to reduce
particulates and emissions (including, without I.imitation, CO, CO„ �, �
i CFCs and PM-10) : '
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� � 2. Water Po��ut�on and Con rva �on. LLP sha11 take the
i following steps to reduce actual or possible water pollution and to
� conserve water usage: -
� a. Comply with the Airport's adopted drainage ar_d &torm ;:;".`
= Water Management Plan
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' b_ Cemply with fuel spill procedures
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� 3. Noise Pollution. LLP shall take the following steps to reduce
�; the impact of noise on the Airport and the surrounding residential
�+ and commerciaZ communities:
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±� a. Allowed hours of operation
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4. �olid Waste Manaq, m n . LLP shall take the following steps to �
reduce the present and possible future impacts of solid wastes:
a. Recycling �� �4
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i. Avoidance of purchases with excessive packaging �?; !
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ii. Re-use of materials whenever possible �`' . '
iii. Purchase of recyclable materials ��-''...�,,�
iv. Recycling of all recyclable materials ' �
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b. Handling, storage and disposal of hazardous materials �' � '
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� 5. Fue� and Energy Con_,cgrvation. LLP shall take the following =<.R;;�.�':
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� steps to conserve fuel and energy in its operations: ki;`��.,`:.
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a. Reduction in aircraft and motor vehicle traffic �.-.;: �
congestion c;, :;,
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, � b. Provision of mass transit incentives for employees '+iT'�
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j c. Avoidance of excessive consumption of fuel
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I d. Avoidance of fuel transfer and storage loss � r
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� N.B.: The County acknowledges that the above-listed elements are
� organized as a matter of convenience and that a num�er cf
' operational practices have impacts in multiple elements, e4a•, a
, decrease in motor vehicle traffic congestion could decrease air
` pollution, the risk of water po).lution, the risk of handling
; hazardous materials and the excessive use of fuel: ,� .i
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COPX OF THZS EXHIBIT RECEIVED SY LLP:
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(EXI11L�].t.07) y�'-,:cL"1.�;!
(Issued 11/11/97) "'
EXHIHIT "7" =,�:'r� .t;
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Aspen/Pitkin County Airport (Sardy Field) . _
Lease/License/Permit �•i �� '
. Airlinea I��
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j CLEANING, MAINTENANCE AND REPAIR OF PREMISES AND MAINTENANCE, ''°"''':?-'~`:
� REPAIR AND REPLACEMENT OF FIXTURES AND EQIIIPMENT. ;�-kr:�� :.
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� As used in the LLP and this Exhibit: '�;' •
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The structural elements of the Airline Terminal consist of: the �;;; .,
} ' ; foundation, bearin walls, roof, and exterior surfaces �" '
5 (except �+`~
glass in Airline Premises) . ��' '
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The service elements of the Airline Terminal consist of: water and
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sewer service, including plumbing fixtures; electrical service, •,r
i including lighting; and heat and ventilation (all to the boundary
of LLP's Premises) .
The common use and non-exclusive areas of and relating to the
Airline Terminal consist of: lobbies/passenger waiting areas;
public restrooms; corridors/ramps; pedestrian accessways, doors and �' '
I vestibules; motor vehicle access roads; motor vehicle parking lots
(public and employee) ; curb (for passenger/ baggage
loading/unloading) ; paved sidewalk/passenger loading/ unloading •`
areas; and exterior landscaping/seating areas. i , ,
"Cleaning" shall mean daily pickup and disposal of trash and litter
and cleaning (periodically or as indicated) of floors, furnishings,
� fixtures, trade fixtures, equipment, interior surfaces and glass. t
"Maintenance," with respect to Premises, shall mean procedures i�
necessary (daily, periodically or as indicated) to monitor and keep �
the interior.and exterior surfaces in an attractive condition, and
� � in constant good order and ir_ tha same condition as when initially . � .
i constructed, ordinary wear and. tear excepted and to prevent
deterioration of structural e�.aments, roofs and the interior and
exterior surfaces. � -
�: ..
"Repair��, with respect to Premises, shall mean the procedures =i,
� necessary to correct damage to any improvements caused by casualty, � ��-_
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in order to r.eturn such damaged areas to the same condition as when. '-
initially constructed. All repairs made shall be at least equal in
quality to the original improvements constructed. ;�.�,"�>
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� "Maintenance, ° with respect to Fixtures and Equipment, shall mean � ., J.'�
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! the grocedures necessary Sdaily, periodically or as indicated) to
monitor and keep the fixtures and equipment in good working order.
At the end of the LLP's occupancy and use of the Premises �:::��.,'�'��:-
� hereunder, the LLP is responsible for returning all A'irport �:::�_`;
I fixtures and equipment used by it to the County in good working
order and in a condition as good as, or better than, received at
the beginning of such occupancy and use.
"Repair and Replacement," with respect to Fixtures and Equipment, �''�.
. , shall mean the procedures necessary to correct damage to any s:g
}'�' fixtures, trade fixtures or equipment caused by casualty or passage �
of time, in order to return such damaged items to the same candi- �:y. l
tion as when initially installed and/or constructed. All repairs �k
made shall be at least equal in quality to the original
improvements constructed.
- i COPY OF THIS EXHIBIT RECEIVED BY LLP:
- By: i Ls'-57 „'�"
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/?�ik�[E � �o-sivn�T (Title) (Date?
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(Exhibit.08) ;:��•
(Issued 11/11/97)
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EXFIIBIT "8" �
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Aspen/Pitkin County Airport !;,.
Lease/License/Permit -
Airlines !»-`
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COUNTY LICENSE/PERMIT MINIMUM INSUF2ANCE REQUIREMENTS: ��`�-- ''
�
1. Forms, limits, deductibles and endorsements. �..�``-' '
� " ..
a. Statutory Worker's Compensation: ;j:,
•- ~ ' 1) Colorado statutory minimums +
;�.
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{ . b. Commercial General Liability: �
} 1) Bodily Znjury/Property Damage, "
Combined Single Limit: Minimum of $1,000,000 per �
passenger seat for the largest aircraft used by
�
" airline at the airport
. (;
�� 2) Maximum Deductible: $10,000 each loss
�
fl 3) Endorsements:
:I _ cZ Comprehensive Form (All risks) �=
j! �_ Premises/Operations
: �' Underground, Explosion & Collapse Hazard
� _� Products/Completed Operations
;: � Contractual (Hold Harmless Coverage)
il Independent Contractors and Subcontractors**
1 '
y _� Property Damage -
i _x Personal Injury
J
,� Pollution and Environmental Hazard
�
' 6 , **Airline agrees to r�.gu�re that any contractor/subcontr-ctor
�� =^listed by a�rline at the Asgen/Pitkin County Airport 1?st or_ its �
�. � Certif�cata of Insurance Pitkin County as an additional insure3 "a= :
' � nur in r may ap�ear � .
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� c. Fire and Casualty Insurance �
� 1) Building Contents �
a) Replacement Value �
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2) Business Interruption Insurance �'
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d. Comprehensive Motor Vehicle Liability Insurance `:
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1) Bodily Injury/Property Damage, • '•,
Combined Single Limit: $5,000,000 :•j '.' '
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2) Maximum Deductible: $10,000 , .-_ -.
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3) Endorsements: `-''`'�``
_� Any Auto
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_� All Owned Autos �;."':�-
�_ Aired Autos � •
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_cL Non-Owned Autos �?_ ,;,
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e. Special Coverages ilimits, conditions, deductibles and f�:� �`
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endorsements to be determined by separate agreements of County �
and LLP) :
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_� (a) Aircraft Liability '�"'�:�
x (b) Any coverage required by LLP's lenders • �
a (c) Performance Bond l
2. Certificates of Insurance. To provide evidence of the ,��
required insurance coverages, copies of Certificates of Insurance ,�'
in a form acceptable to the County shall be filed with the County
(through the Director of Aviation) no later than ten (10) calendar
i days prior to commencement of operations at, to or from the Airport ?
or prior to the expiration of any underlying policy or any
+ Certificate on file at the Airport. Failure to file or maintain `
� acceptable Certificates of Insurance with the County is agreed to wi ,
be a material breach of any lease, license or permit and grounds
for termination thereof.
- These Certificates of Insurance shall contain a provision that i�
coverage afforded under the policies will not be cancelled or
adversely materially altered unless at least thirty (30) calendar '4
days, except ten (10) calendar days as respects non-payment o= J
premium, writt=n notice. �
Simultaneously with the Certificates, the LLP shall file and
update as necessary a certified statement as to claims pending
against required coverages, reserves established on account of
such claims, defense costs expended and amounts remaining within ,, •
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policy limits to provide required coverage. County reserves the -'= .,
right to require the minimum coverages on a net effective basis, '. .��
j..,_�,limits not reduced by claims or encumbered by reserves. � '��
Certificates of Insurance provided by the LLP hereunder•shall ��.�•.�
specify that the covered premises and operationa sha11 be "all ' -
� occupancy and use of the Aspen(Pitkin County Airport by the 'i.-�,
insured party."
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� 3. The policies provided by the LLP shall be deemed to be r'�'`�- .
rimar to an olicies held b or coverin the Count for the � � �
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same areas or operations. The insurance companies issuing the �`' ` _
LLP's policy or policies shall have no recourse against the � `�'� �
County of Pitkin for payment of any premiuma or for assessments I`' '!
under any form of policy. All deductibles in the above-described �:
.: j insurance polioies shall be paid by the LLP. 4;,
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� COPY OF THIS EXHIBIT RECEIVED BY LLP:
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(Issued il/11/97) �.;;•_�`ti,k.
EXHIBIT "10" �,• ,_ .
Aspen/Pitkia County Airport �r� ��'
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Lease/License/Permit .+�'
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AIRPORT MASTER PLANNING AND LAND-USE PLANNING: LLP hereby ��j�, �
acknowledges that the County has adopted, and that it is subject to I��1-`��'�''
the Air ort land-use and trans ortation � p:`,�' `
P p planning documente and
processes described herein. -�:'';i-R':
1. An Airport FAA Master Plan, adopted via Planning and Zoning
Resolution 89-39 and Board of County Commissioners Resolution 69-
' 19, including an Airport Layout Plan (ALP), both as amended, that •°;.'I:;;
� ; ' provides for potential changes to the Premises during the term ;,.�
� hereof, including, without limitation, a change to the Airport
entrance and frontage roads and the paid parking area size and ��
configuration. LLP agrees to cooperate in the implementation of '�
:���
the FAA Master Plan and will make no claim against the County for
other than the unforeseeable and unreasonable interference with its �,��
� business activities caused by such implementation. ''
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As part of the Airport FAA Master Plan and Airport Minimum Stand-
ards, the Airport also will adopt, and amend from time to time, a �
Land-Use IdenLification Plan, which is agreed to be subject tc
these same County rights and reservations.
� I 2. An Airport County Land-Use Master Plan, pursuant to the Pitkii_
County Land-Use Code (Public Zone District, Master Plan Optioni,
that provides for potential changes to the Premises during the term ,w= .
hereof. LLP agrees to cooperate in the implementation of the
County Land-Use Plan and will make no claim against the County for
other than the unforeseeable and unreasonable interference with _ts
-- business activities caused by such implementation. lY
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i LLP acknowledges that County, or other LLPs, has aonL ed for a_..: "
! r�ceived c� rain project-sn_cific land-usp appr�v�ls, � i�h c _.: ''�
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' tions for and may affect the Premises. LLP agrees co ue ua�::� `_ � -
such conditions, as applicable.
LLP further acknowledges that the County will, from time to _is=:
amend and update the Airport FAA and Land-Use !Master Plans a__ -__
; agrees to cooperate with the Councy an3/or its consulcant{s; __ �'� "
providing such input a�?d mat:erials as are reasonabl;- n���ssa�-_ __ ` �^'
�ompla��e , a,r.�, i..,;_.�r �r c;d.-,r_�. _ =-.j�. . . � �
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3. Pitkin County Planning Documents, including the Aspen Area ,,; �"�`
Comprek�enaive Plan, and Aspen-to-Snowmass Tr nsportation Plan and ���'��;'
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the Highway 82 EIS, all of which contain elements that affect `;:' �' �
Airport pxoperty and LLP's Premises. �- -`
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� COPY OF THIS EXHIBIT RECEIVED BY LLP: "���' �;'
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(Title) (Date) '�''
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(Issued 11/11/97) �
EXHISIT "11" `s+:; `g�s?�9
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Aspen/Pitkin County Airport :�.{� .�
_ Lease/License/Permit :�,��.x�
Airlines -:a.�'�� ��.�•
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS: In connection �� �
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with its occupancy and use of the Premises and the conduct of
operations thereon and therefrom, an LLP: ;� '
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1. Shall fully comply with all applicable laws, rules and ,�`'`'`?"«�
regulations, as such now exist or hereafter may be amended or �k'='^
promulgated, of the United States of America (includin �`'�` � ' �
4. �;-.
especially, the Federal Aviation Administration) , the State of .;�>'..; '
Colorado, and the County of Pitkin, and all departments and , ��z °�:
�_, agencies thereof. The present adopted County Codes, plans, rules ±'�; •-
; ��,,:'7
and regulations, are as follows: ;1, ,
a. Pitkin County Code, including especially Title II (Land- �;F:�
Use Code), and Title IV (Airport Regulations) . • `'�
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b. Airport Security, Operations and Emergency Plans. !�
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c.
A�gort Snow P�an �'�
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2. Shall not discriminate against any person or class of persons
� by reason of race, color, creed, religion or national origin in -
providing any services or in the use of any facilities provided for
the public in any manner prohibited by Part 21 of the Regulations ,�,' -
of the Office of the Secretary of Transportation, and shall comply
with the letter and spirit of the Colorado Anti-Discrimination Act
� of 1957, as amended, and any other laws and regulations respecting
� discrimination in unfair employment practices, and shall comply
with such enforcement procedures as any governmental authority
might demand that the County take for the purpose of complying with i�
i any such laws and regulations.
• �
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� 3. Shall fully comply, in the general operation of its business, w •
with all applicable standards and compliance dates issued under or
stated in the Americans with Disabilities Act ("ADA") . The LLP
shall be responsible for structural compliance standards as defined
under ADA Title III within its exclusive use are s only. � � .
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COPY OF THIS EXHIBIT RECEIVED BY LLP: �
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' A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS �*„::.�!'ti��;
OF PITKIN COtJNTY, COLORADO, ' '"
APPROVING AND ADOPTING �,. ,_
CONSTRUCTION LICENSES (WITH A TERM OF 2 WEEKS) ; .'�,`
HETWEEN THE COUNTY, A.S LESSOR, AND
' NORTHWEST AIRLINES AND MESA AIRLINES, AS LICENSEES, FOR ����
� THE TEMPORARY, LIMITED OCCUPANCY AND USE OF f _ �
PROPERTY AT THE ASPEN/PITKIN COUNTY AIRPORT "(SARDY FIELD)" °'�'
AIR CARRIER TERMINAL BUILDING
FOR TKE AIRLINES TO PREPARE FOR THE PROVISION OF ���.'>,�'��
AIR CARRIER SERVICE �%:`�;'' "
j REQUIRING A COPY OF THE LICENSES cz_.. �.
:r•
; TO BE AVATLP.BLE FOR PUBLIC INSPECTION ZN THE OFFICES OF
� TAE PITKIN COUNTY CLERK AND RECORDER AND
I, THE DIRECTOR OF AVIATION }` ` "
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Resolution # 97- �
�... �• . �t.t
REC'_ TTAI•ti � ..
l. Pitkin County, a Colorado home-rule county, is the •'
; owner, sponsor and operator of the Aspen/Pitkin County Airport �
' (Sardy Field) , located in the viciniCy of Aspen, Colorado, and �
: has the authority to regulate commercial activities and to lease ���
. j and license space at the Airport, pursuant to, 1,nt.�s ali,�, 1973
�
C.R.S. 41-4-101 �, sev•, 30-35-202, Title IV of the Pitkin County �1
Code, Section 8.7 of the Pitkin County Home Rule Charter; and
2. The County has received applications for the use of � �;-.
' E certain air carrier terminal facilities and aeronautical areas
1 for use by Northwest Airlines and Mesa Airlines, for th2 conduct
. ), of scheduled commercial airline service_ The Airlines and the
County are in the process of executing Lease and Use Agreements �
to provide for access to and occupancy and use of Airport land
� areas, buil@ings and facilities for purposes of providing
� scheduled Airline service to and from the Airport; and
�
;' 3. In anticipation and support of the provision of such
f; Airline service, the parties desire to enter into ConstructipA.
j� Licences for the temporary, limited occupancy and use o£ the• '
� . Airport to prepare to provide such services. Staff recommends tp
• �� the Board of County Commissioners that Construction Licenses be I
� executed between Northwest Airlines and the County, and between
Mesa Airlines and the County, to provide access to the airport ;
• terminal and operational areas necessary Eor the preparation of '' �
facilities in advance of the conduct of scheduled commercial � �
j airline operations. E
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4. On the recommendation of staff it is hereby determined g;,,'•.�,•,�,��,
that the execution of the attached Construction Licenses is in �.;,•'��
the best interests of the residents and visitors to Pitkin - •
, CoUIlty; -�ti� .c; .
. . v�,�. 9,�
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS— �5��•p�_•.��
SIONERS OF PITKIN COUNTY, COLOAADO THAT: ,?� , •'
.$ect;on i ��{
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The Construction Licenses for Northwest Airlines and Mesa �`�•�
: Airlines, which documents are attached hereto as Exhibit °A" and "='':`r.K`
incorporated herein by this reference, are hereby approved.
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8ection 2 i �%''
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� r:-� The Chair (or Vice-Chair) of the Board of County ' �'> °'
j Commissioners is hereby authorized and directed to execute the "+s:.�;
I subject documents on behal£ of the County and such other docu- �'° '
ments as may be reasonably required to complete the transactions t�
� set out or necessarily implied by this document which other docu-
' ments have been approved as to form by the County Manager and the �*:�
� County Attorney. ""�
i . '�?�
�ct�on 3 ,�!
A true and correct copy of the Construction Licenses
��
(Exhibit "A") shall be kept available for public inspection and ;,�
at the Office of the Director of Aviation, Aspen/Pitkin County
Airport, Aspen, Colorado (970-920-5384) .
i
�
� � TNTRODUCED, FIRST READ, AND APPROVED SY THE BOARD AT ITS
' I REGULAR MEETING ON THE 3RD DAY OF DECEMBER, 1997.
I ��_ .
BOARD OF COUNT� OMMISSIONEF2S
TT ST: OF PITKIN CO T�' COLORADO
�' /
_ ,; � By: ; iy�-97
J nette.Jo s (date) Bi Tui (date) '
D puty Clerk & Recorder Chairman �
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APPROVED AS TO FORM: MANAGER APPROVAL: � '`•
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John El iz����9 Su e onchan '' 4
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�ounty Attorney Co ty Manager ::=: .= ;
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RECONA'lEENDED FOR APPROVAL:
�I ���L��� ��
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• Scott Smith Tom Oken
' Director of Aviation Director of Administrative '^_��
� Services
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