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Home My WebLink Aboutbocc.ord.020.2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO APPROVING AN AMENDMENT TO LICENSE AND USE AGREEMENT BETWEEN TAILWIND DELI, INC.AND BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY Ordinance No. D?D , 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 SOCK., 30-35-202, Title 10 of the Pitkin County Code, Article 1, Section 8.7 of the Pitkin County Home Rule Charter; and 2. Pitkin County and Tailwind Deli, Inc. entered into a License and Use Agreement on October 15, 2001 for a period of five years with an optional 5-year renewal term. The original Agreement leases space to Tailwind Deli, Inc. (the"Lessee")for the restaurant space. 3. Lessee desires acquiring an additional area of 120 square feet centrally located in the boarding area to provide food and beverage facility services to passengers. 4. Pitkin County finds that the additional space for the food and beverage facility service 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 Tailwind Deli, Inc. for the purpose of an additional food and beverage facility space centrally located in the boarding area. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING BY THE BOARD AT ITS REGULAR MEETING ON THE 28TH DAY OF AUGUST, 2002. PUBLISHED, INCLUDING NOTICE OF PUBLIC HEARING, IN THE ASPEN TIMES ON THE 31 ST DAY OF AUGUST, 2002. APPROVED AND ADOPTED AFTER SECOND READING(OR SUBSEQUENT READING)AND PUBLIC HEARING ON THE DAY OFC , 2002. /ir�� iYaMe6 �sNsnCFn a� IIIIIIII DAVIS IIIIIIIIIIICOUNTY IIIIIIIIIIIIIII Jill IIII page:I of 002 e9:20a R 0.00 D 0.00 BOARD OF COUNTY COMMISSIONERS A T: OF PITKIN COUNTY, COLORADO By: QL`c J ette Jones, Patti Kay-Clapper, puty Clerk an ecorder Chairperson Date Date APPROVED AS TO FORM: MANAGER APPROVAL: John Ely Attorney Hilary S it , County Manager RECOMMENDED FOR APPROVAL: -Lames P. Elwood,A.A. ., 4 Tom Okken,Director of Director of Aviation Administrative Services IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111110 01s 9f 4 :z0A R 0.00 0 0.00 AMENDMENT TO LICENSE AND USE AGREEMENT FOR TAILWIND DELI, INC. THIS AMENDMENT TO LICENSE AND USE AGREEMENT OF TAILWIND DELI INC. (the"Amendment") is made this 1st day of Septembert, 2002 by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, (the "County"), a Colorado home-rule County, and the TAILWIND DELI, INC. (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 sec.., 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 food and beverages in the terminal's restaurant at the Airport pursuant to a License and Use Agreement with the County, dated October 15, 2001 to October 14, 2006 with the provision of a five year renewal term commencing October 15, 2006 and expiring October 14, 2011 (the"Concession Agreement"). WHEREAS,the Lessee desires to rent 120 s.f. of space in the boarding area in addition to the existing restaurant space area in the terminal. The monthly rent for the boarding area space will be $189.27 per month, for an annual total of$2,271.24, payable in advance on the first of the month. WHEREAS, the County finds that the additional space for the snack bar provided in the boarding area in conjunction with the existing terminal restaurant is to be in the best interest of the public,the County, and the Airport. NOW THEREFORE,the County and the Lessee do mutually undertake and agree to the following terms: I. Term. The term of this Amendment to the Agreement shall commence at 6:00 a.m. MDT on September 1, 2002 and expires at 10:00 p.m. MDT on October 14,2006 for the initial term and shall follow the same for the 5-year renewal term. 2. Payment. The payment for the boarding area snack bar space will be$189.27 per month for an annual total of$2,271.24. The monthly payment of$189.27 will be due in advance on the first of the month and any succeeding month. IIIIIIII DAVIS IIIIIIIIIII COUNTY IIIIIIIIIIIIIIIIIIIIIII Page: e: 3 of ee:zea R 0.00 D 0.00 3. Termination. This Amendment to the contract for the additional acquired space in the boarding area may be cancelled by both parties with a 90 days advance written notice. 4. 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 TAILWIND DELI, INC. COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Q — -Cla er Chairperson By. Patti Ka y PP � t'P Alan Giaquinto, Principal Date: By: Douglas ayton, Principal Date: ATTE ATTEST: Pitki County Clerk Corporal Secretary Seal Seal PITKIN COUNTY L'i13 c-6 z— P. (wood, A.A.E. Director of Aviation John E Attorney IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 4 of es:zeR R 0.00 D 0.00 AMENDMENT TO LICENSE AND USE AGREEMENT FOR TAILWIND DELI, INC. THIS AMENDMENT TO LICENSE AND USE AGREEMENT OF TAILWIND DELI INC. (the"Amendment") is made this 1 st day of Septembert,2002 by and between the BOARD OF COUNTY COMMISSIONERS OF PITYIN COUNTY, COLORADO, (the "County"), a Colorado home-rule County, and the TAILWIND DELI,INC. (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 sec., 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 food and beverages in the terminal's restaurant at the Airport pursuant to a License and Use Agreement with the County, dated October 15, 2001 to October 14, 2006 with the provision of a five year renewal term commencing October 15, 2006 and expiring October 14, 2011 (the"Concession Agreement"). WHEREAS, the Lessee desires to rent 120 s.f of space in the boarding area in addition to the existing restaurant space area in the terminal. The monthly rent for the boarding area space will be $189.27 per month, for an annual total of$2,271.24, payable in advance on the first of the month. WHEREAS, the County finds that the additional space for the snack bar provided in the boarding area in conjunction with the existing terminal restaurant is to be in the best interest of the public,the County, and the Airport. NOW THEREFORE,the County and the Lessee do mutually undertake and agree to the following terms: I. Term. The term of this Amendment to the Agreement shall commence at 6:00 a.m. MDT on September 1, 2002 and expires at 10:00 p.m. MDT on October 14, 2006 for the initial term and shall follow the same for the 5-year renewal tern. 2. Payment. The payment for the boarding area snack bar space will be $189.27 per month for an annual total of$2,271.24. The monthly payment of$189.27 will be due in advance on the first of the month and any succeeding month. 1111111111111111111111111111111111111111111111111 4g?900 Z COUNTY Co 10/02/2002 09:21R R 0.00 D 0.00 IIIIIIII DAVIS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ieie T9 4 2002 co R 0.00 09:20R D 0.00 3. Termination. This Amendment to the contract for the additional acquired space in the boarding area may be cancelled by both parties with a 90 days advance written notice. 4. 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 TAILWIND DELI,INC. COMMISSIONERS OF PITKIN COUNTY, COLORADO By: U - —4/4 Patti Kay-Clapper, Chairperson Alan Giaquinto, Principal Date: L— By: Douglas ayton, Principal Date: ATTE ATTEST: Pi tki County Clerk Corporat Secretary Seal Seal PITKIN COUNTY c--� 7 13L�c-E AineOP. lwood,A.A.E. Director of Aviation IIIIII I I III IIIIII IIIII IIIIII III IIIIIII III IIIII I I I I IIII Page: 2 of 2 0902//200002 009:21 a SILVIP DAVIS PITKIN COUNTY CO R 0.00 John E Attorney IIIIIIII DAVIS�IIIIIIIIII COUNTY IIIIIIIIIIIIIIIIIIIIIII 09e:4 of e9:zea R 0.00 0 0.00