HomeMy WebLinkAboutbocc.ord.014.2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO APPROVING AN AMENDMENT TO
LICENSE AND USE AGREEMENT BETWEEN ASPEN FLIGHT DECK, LLC AND
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
Ordinance No. 1I/ y , Series of 2002
RECITALS
1. Pitkin County, a Colorado home-rule County, is the owner, sponsor and operator of the
Aspen/Pitkin County Airport (Sardy Field), located in the vicinity of Aspen, Colorado, and has
the authority to regulate commercial activities and to lease and license space at the Airport,
pursuant to, inter alia, 1973 C.R.E. 41-4-101 et seq., 30-35-202, Title 10 of the Pitkin County
Code, Article 1, Section 8.7 of the Pitkin County Home Rule Charter.
2. Pitkin County and Aspen Flight Deck, LLC entered into a License and Use Agreement
on November 1, 1997 for a period of five years with an optional two-year renewal term. The
original Agreement leases space to Aspen Flight Deck LLC (the "Lessee") for the gift shop
space.
3. Lessee desires lease an additional area of 120 square feet at the south end of the
boarding area to construct and equip a gift shop to provide service to passengers in the boarding
area.
4. Pitkin County finds that the additional space for the gift shop is in the best interest of
the public, the County, and the Airport.
5. The Amendment is attached hereto as Exhibit A
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin
County, Colorado that the Board of County Commissioners does hereby authorize the Chair to
sign on its behalf, the Amendment to the License and Use Agreement between the Board of
County Commissioners of Pitkin County and Aspen Flight Deck, LLC for the purpose of an
additional gift shop to be constructed, equipped and located in the south end of the boarding
area.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING BY THE BOARD AT
ITS REGULAR MEETING ON THE 12TH DAY OF JUNE 2002.
PUBLISHED, INCLUDING NOTICE OF PUBLIC HEARING, IN THE ASPEN TIMES ON
THE 15TH DAY OF JUNE 2002.
APPROVED AND ADOPTED AFTER SEGClO/ND READING(OR SUBSEQUENT
READING)AND PUBLIC HEARING ON THE DAY O 2002.
1
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: AM — 9;Z- 01
Patti KaY-Ulappelv, Chairp Aon Date
A�fT ST:
�,�
Je ette Jones Date
D uty Clerk& R corder
APPROVED AS TO FORM: MANAGER APPROVAL:
John El Es �
Y, q• Date Hilary F. S th Date
County County Manager
APPROVED AS TO CONTENT: ADMINISTRATIVE APPROVAL:
Jame . Elwoo , A.A.E. Date Tom Oken Date
Director of Aviation Director of Admin. Services
AMENDMENT TO LICENSE AND USE AGREEMENT
FOR
ASPEN FLIGHT DECK, LLC
THIS AMENDMENT TO LICENSE AND USE AGREEMENT FOR ASPEN FLIGHT
DECK LLC (the "Amendment") is made this 26th day of June, 2002 by and between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, (the
"County"),), a Colorado home-rule County, and the ASPEN FLIGHT DECK, LLC (the
"Lessee"), as Lessee/Permittee.
WHEREAS, the County is owner and operator of the Aspen/Pitkin County Airport
(Sardy Field), located in Pitkin County in the vicinity of Aspen, Colorado (the "Airport");
WHEREAS, the County has authority to operate and manage the Airport, to regulate
commercial activities at the Airport and to lease and license space thereon, pursuant to, inter
alia, 1973 C.R.E. 41-4-101 et seq., 30-35-202, Title 10 of the Pitkin County Code, Article 1,
Section 8.7 of the Pitkin County Home Rule Charter;
WHEREAS, the company is engaged in the business of the terminal gift shop at the
Airport pursuant to a License and Use Agreement with the County, dated November 1, 1997 to
October 31, 2002 with the provision of a two year renewal term commencing November 1,
2002 and expiring October 31, 2004 (the "Concession Agreement").
WHEREAS, the Lessee desires to rent 120 s.f. of space in the boarding area(Exhibit
"A") in addition to the existing gift shop space area in the terminal. The rent for the boarding
area space will be calculated based on the same rate as the existing fee for the gift shop space.
The additional rent of$370.24 shall be payable on a current basis in equal monthly
installments.
WHEREAS, the County finds that the additional space for the gift shop provided in the
boarding area in conjunction with the existing terminal gift shop is to be in the best interests of
the public, the County, and the Airport.
NOW THEREFORE, the County and the Lessee do mutually undertake and agree to the
following terms:
1. Term. The term of this Amendment to the Agreement shall commence at 6:00
a.m. MDT on June 26, 2002 and expires at 10:00 p.m. MDT on October 31, 2004.
2. Rent. The rent for the 120 sq. ft. space in the boarding area will be an
additional $370.24 a month payable on a current basis in equal monthly installments based on
the existing rate charged for the terminal gift shop area. The rent may be increased at the end
of the initial contract term of October 31, 2002 and for each additional renewal term equal to
the amount of the Consumer Price Index (CPI).
3. No Other Amendment. No provision of the Concession Agreement, other
than those expressly set forth above, are altered, amended, deleted, or in anyway modified by
this Amendment, and shall remain in full force and effect during this term and extended term.
IN WITNESS WHEREOF, the parties hereto have agreed to execute this Amendment
on the date first written above.
COUNTY LESSEE
THE BOARD OF COUNTY ASPEN FLIGHT DECK, LLC
COMMISSIONERS OF
PITKIN COUNTY, COLORADO
By: — B
P i14np , rperson hardChman, President
Date: 01-Q/-p2_ Date: �Q
ATTE T: ATTEST:
P' k Corporate S cretary
SEAL A Seal
�tORX 0
PITKIN COUNTY
-62
es . lwood, A.A.
Director of Aviation
John
unty Attorney