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Home My WebLink Aboutbocc.ord.042.2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO, APPROVING A FIRST AMENDMENT TO THE LEASE AND USE AGREEMENT BETWEEN PITHIN COUNTY AND AIRPORT BASE OPERATION, INC., ("ABO") AND APPROVING THE PARTIAL TERMINATION OF THE REDEVELOPMENT AGREEMENT BETWEEN PITHIN COUNTY AND ABO ORDINANCE #O7///)--2001 Recitals 1. Pitkin County(the"County") as Lessor and Airport Base Operation, Inc. ("ABO") as Lessee, entered into a Lease and Use Agreement (the"Lease") on the Pt day of October 1993, recorded on the 17' day of December, 1993. 2. The County further entered into a Redevelopment Agreement with ABO on the I" day of October 1993. 3. The Lease included a description of Lot 2 as a portion of its Preferential Use Premises. 4. The County wishes to reconfigure Lot 2 so that patio shelters may be constructed thereon. 5. As required by examination of the Redevelopment Agreement between the parties, it has been determined that with the exception of one project that is no longer required(T-hangars), ABO has completed and the County has accepted all of the buildings and facilities to be constructed by ABO under the Redevelopment Agreement. 6. In order to facilitate the construction of patio shelters by reconfiguration of Lot 2, the Lease and Use Agreement between the County and ABO shall be modified in the manner indicated on the attached First Amendment to Lease and Use Agreement. 7. By separate instrument attached, the Redevelopment Agreement shall be terminated in part and ABO shall be released from any further obligation, other than with respect to those provisions surviving, which shall continue in full force and effect as binding and enforceable agreements between the parties. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that the Lease and Use Agreement between Pitkin County and ABO shall be amended as set forth in the First Amendment to Lease and Use Agreement and the Redevelopment Agreement between the parties shall be terminated in part according to the Partial Termination of Redevelopment Agreement. INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE 12t' DAY OF SEPTEMBER 2001. IIIIII IIIII IIIIII IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIe06380of B 11:24;2 1 NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 15T6 DAY OF SEPTEMBER 2001. APPROVED AND ADOPTED UPON SECOND READING AND PUBLIC HEARING ON THE 26TH DAY OF SEPTEMBER 2001 PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 6T6 DAY OF OCTOBER 2001. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO JWI,,�'Y, -J611 Jel�ette Jones Michael C. I land, efiair Deputy Clerk Date: 10-/7-C/ f APPROVED AS TO FORM: John M. Ely — Hilary F etc er Smith County ney County Iftnager C:\home\janea\ords\ABOOrd.doc 463858 S III I IIIII II III IIKII II IIII I IIIII I II I III II00 0Page: 2 of 8 2/12/2002 1:24C 2 JAN. 24. 2002 11 : 00AM PITKIN COUNTY ADMIN NO. 1295 P. 26 N FIRST AMENDMENT T9 L SSE AND USE AGRF.tr1►U& 'I'IiIS FIRST AMENDMENT TO LEAST: AND USE AGREEMENT, made and entered into as of the&_ day of-kjze 001, by and between the BOARD OF COUNTY COMMISSIONERS OF IP KINN COUNTY, COLORADO ("County"), a Colorado home rule county, as Lessor, and ASPEN BASE OPERATION, INC. ("ABO"), a Colorado corporation, as Lessee, WITNESSETH. WHEREAS, County and ADO are all of the parties to that certain Lease and Use Agreement between the County as Lessor and ADO as Lessee covering certain lands at the Pitkin County Airport io Pitkin County, Colorado dated October 1, 1993 and recorded December 17, 1993 as Reception Tins. 364720 and 364724, respectively, and January 1, 1994 as Reception No. 365666 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Lease"), and WHEREAS, in order that the County may construct patio shelters thereon, County and ABO desire to terminate the Lease with respect to a portion of the Preferential Use Premises defined and described as Lot 2 in the Lease, and to make various changes in the Lease as a consequence thereof, and WHEREAS, County and ADO further desire to terminate the Redevelopment Agreement between the parties dated October 1, 1993, on the terms and conditions provided below. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged. County and ABO hereby amend the Lease as follows. 1 , n ra of 3, Lot 2, including both Initial Lot 2 and Future Lot 2 as defined in the Lease, shall hereafter be comprised of and contain only those lands depicted as Lot 2 on the map attached hereto as Schedule A and made a part hereof by this reference ("Reconfigured Lot 2"), and the Lease shall hereafter be deemed terminated with respect to the remainder of Lot 2 as depicted and described in the original Lease ("Withdrawn Lot 2"). County agrees to have said Reconfigured Lot 2 field surveyed and a legal description of Reconfigured Lot 2 prepared therefrom, and the parties mutually agree to execute and to record if necessary such further amendments to the Lease as may be required to conform the legal description of Reconfigured Lot 2 to the information provided by the field survey. IIIIII IIIII IIIIII IIII IIII IIIIIII IIIIII III IIIII IIII IIII Page://2002 11 249 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 JAN. 24. 2002 11 : 01AM PITKIN COUNTY ADMIN N0. 1295 P. 21 ADO shall have the saute rights and responsibilities with respect to Reconfigured Lot 2 as it had with respect to original Lot 2 prior to the adoption of this First Amendment. Without limiting the generality of the foregoing, County agrees to provide to ADO at County's cost 38 aircraft tie downs on Reconfigured Lot 2, and ADO shall have the right to lease out the tic downs at such fair, reasonable and not unjustly discriminatory rates as ADO may establish from time to time. ADO shall have no obligation to provide services to any portion of Withdrawn Lot 2,but may do so from time to time in its discretion pursuant to agreements with individual aircraft owners and/or with County. '1. Rent for Lot 2. The base rent ror Reconfigured Lot 2 shall be $22,000.00 per year, payable in advance: in eleven equal monthly installments of$1,833.34 each and one final installment of$1,833.26, and shall be increased annually on October I of each year, commencing oil October 1, 2002, by the Inflation Escalator described in the Lease. The tie downs on Reconfigured Lot 2 will be placed on a separate electric meter, and ABO will be responsible for paying the associated electric bills directly to the utility company. 3. ABO Access Rights. County hereby grants to ABO reasonable access rights across Withdrawn Lot 2 for purposes of(i) accessing Reconfigured Lot 2 for all uses that ABO may legally conduct thereon, including without limitation the tie downs, and (ii) the fueling of aircraft using the patio shelters being constructed by CoLuiry on Withdrawn Lot 2. 4, ABO Right to Apply ror Leases on Two Patio Shelters. County acknowledges and agrees that ADO shall have the right to subscribe for leases on one of tho large sized Patio Shelters and on one of the medium sized Patio Shelters being constructed on Withdrawn Lot 2, on due same terms and conditions as Patio Shelters are leased to other aircraft owners. Provided, that ADO shall be on ail equal footing with all other prospective Patio Shelter tenants, and shall receive no preferential treatment in the selection process if there are not enough Patio Shelters to meet the demand. 5. Termination of Redevelopment Agreement. With the exception of several projects that are no longer required(T-hangars and GA de-icer facility), ADO has completed and County has accepted ail of the buildings and facilities to be constructed by ADO under the Redevelopment Agreement between County and ADO dated October 1, 1993 and recorded December 17, 1993 as Reception No. 364724 and January 11, 1994 as Reception No. 365666, respectively, in the Office of the Clerk and Recorder of Pitkin County, Colorado, and County has agreed that contemporaneously with the execution and delivery of this First Amendment it will execute a separate instrument which terminates said Redevelopment Agreement and releases ADO from any further obligation thereunder. Provided, that the provisions of Paragraph 7(c-g inclusive) and of Paragraph 19 of the Redevelopment Agreement shall survive such termination. 6. Effect of First Amendment. To the extent there are any conflicts between tine provisions of the Lease and the provisions of this First Amendment,the provisions. illlllllllll111111Jill1111111111111111111111111Jill11" 46 38 11 ar zac R 0.00 D 0.00 JAN. 24. 2002 11 : 01AM PITKIN COUNTY ADMIN N0. 7295 P. 28 of this First Amendment shall govern and control. Except as modified hereby, the Lease shall remain valid. enforceable and in full force and effect W WITNESS \VHERF.OF, the parties have executed this First Amendment as of the day and year first above written COUNTY: HOARD OF COUNTY COMMISSIONERS OF PCCKIN COUNTY, COLO�RAADO By ,hair Attest: �'�^' vr� itkin County C rk Recommended for Approval; _ „ 'f)eptrty i5oout y Manager ctor of Avtat2o11-,. Approved as to Form: -- John E�-6 nw(I'Attorney ABO: ASPEN BASE OPERATION, INC., a Colorado corporation By: _ ,tiff Runge, President 2821,187 1.1)OC 463858 III III IIIII IIIIII IIII III COUNTY I CO III IIIII IIII IIII a Page:2/ of 8 00211:24f JAN. 24, 2002 11 :02AM PITKIN COUNTY ADMIN NO. 7295 P. 29 1 C G C G G G Y � RUNWAY SAFETY AREA mok (Aeeonfigur d -Lot 2) _ _I (Withdrawn Lot 2) MINE immu� --------------•----------- - . — -• a . ._ — * J —, .•�� LOY ! LFJs6 LRZA RM J7 0)9 1 .. r«J w 16O Yr1 ALS 4r To i OF WA M 1/•W 197 wllr 1. rr n nr1 w'lay .6 44 Ir Mwnl 1'Ml r r w r Iw f YI -+Ir fie I Y(Kr I 1�YMI YC-V 2R0y N0. OEOES --.— ,,, �• CONSTRUCT"101MM M.AN 04. ... Page: 6 of 8 463858 '1.2aa I IIIIII IIIII IIIIII IIII IIII IIIIIII CO III IIIII IIII IIII a02/12/2002 D 0.00 JAN. 24. 2002 11 : 02AM PITKIN COUNTY ADMIN N0. 7295 P. 30 PARTIAL TEftNTINATION Or RED VE LOPIVIENT AGREFMENT KNO\u AL.L NAF-.N BY THESE PRKSENTS, THAT the undersigned BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("County") and ASPEN BASE OPERA MON. INC., a Colorado corporation ("ABO"), being all of the parties to that certain Redevelopment Agreement dated October 1, 1993 and recorded December 17, 1993 as Reception No. 364724 and January 11, 1994 as Reception No. 365666, respectively, in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "lied evelopment Agreement"), hereby mutually recite, acknowledge and agree that Willi the exception of several projects that arc no longer required (T-hangars and GA de-icer facility), ABC) has completed and County has accepted all of the buildings and facilities to be constructed by ABO under the Redevelopment Agreement. Accordingly, County and ABO hereby covenant and agree that from and after the execution hereof by both parties, except as ser forth below the Redevelopment Agreement shall be deemed fully and forever terminated and of no ftirther force or effect and ABO shall be deemed released from any ftirther obligations or responsibilities thereunder. Provided, that the provisions of Paragraph 7(c-g inclusive) and of Paragraph 19 of the Redevelopment Agreement shall survive this termination and shall continue in full force and effect as binding and enforceable agreements between the parties. IN WITNESS WH14REOF, the parties have hereunto set their hands and seals as of the .._ day of 3001 COUNTY: BOARD OF COUNTY COMMISSIONERS 0 , PIT N COUNTY, CCOLORADO Chat ) Attest. -- Pitkin County Cle / Recommended 1`or Approval: _ ��^�2.,.c�� County Manager Director of Aviation Approved as to Form: John 1%' my Attorney 46388 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIPage: 7 e 8 1:24r R 0.00 D 0.00 JAN. 24. 2002 11 : 02AM PITKIN COUNTY ADMIN NO. 7295 P. 31 pi30- ASPEN BASE OPERATTON, INC , a C010rudu C0rpOra[i0n B� . r ___ Cliff Rune, Presl ent 2821771 1 00C IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII III III Page: 8 02/12/202 46385e8 21:249 SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00