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Home My WebLink Aboutbocc.con.127.21 - BOCC Contract No. 127.2021 (Attached) ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC") OF PITKIN COUNTY, COLORADO,AMENDING ORDINANCE NO. 021-2017 APPROVING AN AMENDED LEASE AGREEMENT BETWEEN JEDEDIAH ASPEN, LLC AND THE BOCC TO EXTEND THE SQUARE FOOTAGE OF THE CONCESSION BOUNDARY AREA INTO THE SECURED PASSENGER AREA OF THE ASPEN/PITKIN COUNTY AIRPORT ORDINANCE NO. 025-2021 RECITALS WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary and; WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended and; WHEREAS, Pitkin County is the owner and operator of the Aspen/Pitkin County Airport ("Airport"), and does maintain various spaces for the public and from time to time does lease the use of parts of these areas to various individuals, firms, companies or corporations to serve the users of the Airport and; WHEREAS, Pursuant to Ordinance No. 021-2017 the BOCC entered into a lease agreement with Jedediah Aspen, LLC ("JALLC") d/b/a Jedediah's Catering & Concessions for operation of a food and beverage concession at the Airport and; WHEREAS, JALLC holds a State of Colorado Hotel Restaurant Liquor License as well as a Pitkin County liquor license to sell malt, vinous and spirituous liquor at the concession with a boundary area depicted in Exhibit A of the lease agreement approved by Ordinance No. 021- 2017 and; WHEREAS, JALLC has submitted an application for a Modification of Premises to extend the current liquor licensed boundary as depicted in the amended lease agreement as Exhibit B to permit individuals to carry and consume alcohol and other beverages into the secured passenger areas adjacent to the retail concession area and; WHEREAS, Pursuant to Title 44. Article 3 C.R.S. as amended, the lease agreement between the BOCC and JALLC needs to be amended to include the additional square footage area that JALLC is requesting prior to review by the BOCC (local licensing authority) and the Colorado Department of Revenue Liquor Enforcement Division, and; WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens and the guests of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1. It hereby adopts an Ordinance Amending Ordinance No. 021-2917 Approving an Amended Lease Agreement with Jedediah Aspen, LLC, and the BOCC to Extend the Square Footage of the Concession Boundary Area into the Secured Passenger Area of the Aspen/Pitkin County Airport and; 2. It hereby authorizes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. INTRODUCED AND FIRST READ ON THE 9TH DAY OF JUNE, 2021 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 23RD DAY OF JUNE 2021. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 10TH DAY OF JUNE, 2021. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 10TH DAY OF JUNE 2021. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 23RD DAY OF JUNE 2021. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 24TH DAY OF JUNE, 2021. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 1ST DAY OF JULY, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS By ittix 61 By: Pdti CLafr-r Deputy County Clerk Patti Clapper, Vice Chair Date: Jun-24-2021 APPROVED AS TO FORM: MANAGER APPROVAL 5ovt, E►/ PLitis A ffiu, John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager Contract No. 127.2021 FIRST AMENDMENT TO LEASE AGREEMENT (Aspen/Pitkin County Airport) THIS FIRST AMENDMENT TO LEASE AGREEMENT (hereinafter "Addendum"), effective as of Jun-25-2021 , is entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Lessor") and Jedediah Aspen LLC, a Wyoming limited liability company ("Lessee") (Lessor and Lessee are sometimes collectively referred to as the "Parties"). WHEREAS, Lessor and Lessee are parties to that certain Lease Agreement dated August 1, 2017 (the "Lease") for the lease and use of the following collective "Premises" located in the Pitkin County Airport: i. The exclusive occupancy and use of the Restaurant and Bar Area (1,780 sq. ft.), Specialty Drinks and Snacks (195 sq. ft.), and Seasonal Counter(319 sq. ft.). The Premises shall include the metal partition, display window, locks, keys, plate glass, ceiling, floor covering and utility fixtures and outlets. ii. The exclusive occupancy and use of the Retail Concessions (270 sq. ft.). The Premises shall include the metal partition, display window, locks, keys, plate glass, ceiling, floor covering and utility fixtures and outlets (Exhibit A) iii. As appurtenances to the exclusive-use space, the limited, non-exclusive use for ingress, egress, and other purposes specifically noted, of the following: 1) Areas immediately outside the access door of the shop, for the location of moveable, temporary sales display fixtures, so long as such displays are approved in writing by the Director of Aviation, or designee. 2) Entryways, exit ways, driveways and internal circulation areas appurtenant to the above-described areas, subject to rules and regulations in common with other users of Lessee's classification. 3) Areas made available to the public (waiting rooms, concessions, restrooms), subject to rules and regulations in common with other users of Lessee's classification. 4) Employee parking spaces,upon request by Lessee and if then-available, subject to numbers of spaces, fees, costs, rules and regulations established by the County(and payable directly to the Airport); and WHEREAS,Lessor and Lessee desire to amend the Lease regarding acknowledgement of Tenant's right to expand the liquor license service area into the entire secure passenger area adjacent to the Retail Concession area, depicted on Exhibit B of the Lease, NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: First Amendment to Lease Agreement—Jedediah Aspen LLC (Pitkin County Airport and Board of County Commissioners of Pitkin County, CO) Page 1 of 3 1. LIMITED MODIFICATION OF LEASE: SCOPE. With the exception of the specific provisions provided herein, the Parties expressly agree that the remaining terms, conditions and obligations of the Lease shall remain in full force and effect. All capitalized terms shall have the definition provided for it in the Lease, unless otherwise defined herein. 2. INCREASE OF AREA FOR CONSUMPTION OF ALCOHOL: PARAGRAPH"A.1.c" OF PREMISES. The Lease provides that the Lessee is permitted to sell alcohol to individuals for consumption in the terminal area adjacent to the Restaurant and Bar Area as depicted on Exhibit B of the Lease. It also provides that Lessee shall not permit individuals to carry alcohol or other beverage in glass containers from the Restaurant and Bar Area into the terminal area depicted on Exhibit B, or to any other airport property which alcohol consumption is not authorized. Alcohol provided by Lessee shall not be permitted to be consumed in any other areas of the Airport, except as set forth herein. a. This provision shall be modified by this Amendment to permit individuals to carry alcohol or other beverages in disposable non-glass containers purchased from Lessee in the Restaurant and Bar Area into the entire secure passenger area of the Airport, as depicted in the highlighted area set forth in Exhibit B, attached hereto and incorporated herein by this reference. All other provisions shall stay the same. 3. FULL FORCE AND EFFECT. All other terms of the Lease, including but not limited to, all of Tenant's guarantees, shall remain in full force and effect. 4. ENTIRE AGREEMENT. The Lease and this Addendum represents the entire agreement and understanding between the Parties regarding modifying/amending/expanding the Lease, and supersedes and replaces any and all prior oral agreements and understandings that may exist between the Parties. 5. AGENTS AND REPRESENTATIVES. The Parties hereby acknowledge that they are duly authorized agents and representatives of any entity they each represent. 6. CHOICE OF LAW. This Addendum shall be construed according to the laws of the State of Wyoming. 7. COUNTERPARTS. This Addendum may be executed in counterparts and by facsimile, and each counterpart and facsimile shall have the same force and effect as an original and shall constitute an effective, binding agreement on the part of each of the undersigned. TN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to Commercial Lease Agreement to be effective as of the Effective Date first written above. [Signature Page to Follow] First Amendment to Lease Agreement—Jedediah Aspen LLC (Pitkin County Airport and Board of County Commissioners of Pitkin County, CO) Page 2 of 3 Signature Page for First Amendment to Commercial Lease Agreement: Lessor: Board of County Commissioners of Pitkin County, Colorado By: PA / ,11Vf Jun-24-2021 Name: "" Patti clapper Date Title: Vice Chair Lessee: Jedediah Aspen, LLC By: - - - Jun-25-2021 Name: Mike Gierau Date Title: Manager APPROVED AS TO FORM: Ely Jun-24-2021 Pitkin County Attorney Date Attestation: ,,Ui,ibt Jun-25-2021 Name:Julia Ely Date First Amendment to Lease Agreement—Jedediah Aspen LLC (Pitkin County Airport and Board of County Commissioners of Pitkin County, CO) Page 3 of 3 EXHIBIT A 0 0 a AL CAR SE GR. ND ' MAINT. NON-SECURE II BSO OVERVIEW I �� c I CIRCULATION p=:= CIRCULATION 1' BAG CLAIM s° 10' 10" 0 Z BAGGAGE CLAIM S 1' 6" e �. ° ° ��T 4" / r; SECURITY ' MM� reD STI'� E.X.I.X.7 N SERVICE STOR I ` �� WOMEN _ NEWS / — �, twGIFT$o — ` C INBOUND BAGGAGE 111 ELEC. v ! ®11� ' J. BAGGAGE SLRRI / SKI SLIDE __(.1_ ME NON-SE a RE �\ n n n CIRC ATION �I �� 1[ tt tt tt // MECHANICA CONCESSIONS , E� // SEATING p ci ON—SECURE J.C. CIRCULATION EN • d/ DMINIS a T10 r CIRCULATION TICKETING �� / - ��/ / k ARRIVALS 111 BREAK --- --- ------ ---�-- ti�� AREA 1 SECURITY —* I ♦ \ — FOOD SERVICE/STORAGE = 1,585 SQ. FEET r--- TICKEETT CUTERG \# , O AREA 2 ° I I I I I I ' — • .® •••� % �° \ 4 - 301 SQ. FEET TICKET COUNTS I *,, * ? SCR ENING° —E V J.C.TS � 't %% � AREA 3 • � � , *, # %% O * — 270 SQ. FEET I II �*•• �, AREA 4 r J AIRLINE TICKET ° MECHANICAL % O - 195 SQ. FEET ° OFFICE ii \ HOLDRROOM� �� AT.O. OVERALL TERMINAL � Lessee to confirm \ FLOOR PLAN % NOT TO SCALE all dimensions of 0 , BAGGAGE \% j U �T L ° ° •4 Si OMV ASPEN/PITKIN COUNTY AIRPORT TERMINAL BUILDING - PROPOSED CONCESSIONS CONFIGURATION ASPEN / PITKIN COUNTY AIRPORT OWNED AND OPERATED BY PITKIN COUNTY EXHIBIT B 61'-6 T-4 EXHIBITS MMM1011 "."..... 11 WOMEN �I r s Food etssvosngo �� I mg ■rp Concessions '! Conosss ME G MNICA CON!�V IXJSC,,d1141110 . t 11114* Imo"�'��1 ) s / �..' 'f.7;.. ,1 ARRIVALS 41101* ""r ♦ - \, % '1::' , Retail Concessions ♦ - -approximately � ' EN � %♦� 270 SQ.FEET " L ♦♦♦ O % Lessee to confirm all ♦ .� dimensions . � • t S' 1 ,ei. 1,t X ,Q ]CoYvu 2assS -ilia \c.e_ Si a sc 9Rx Oufea ob Q4/INQark . 14_ aufou4- Spao is er - Ddoiu. ‘tUo - db, LI-K-Q 1tD .