HomeMy WebLinkAboutbocc.ord.009.2022 Contract No. 106-2022
(Attached)
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,AUTHORIZING INDIVIDUAL LEASE AGREEMENT
WITH RYAN TRIERS FOR AN
ASPEN/PITKIN COUNTY AIRPORT OWNED HOUSING UNIT
ORDINANCE NO. 009-2022
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, Pursuant to Section 2.8 of the Home Rule Charter leases for county owned property
over one year or if anticipated to be renewed after one year, must come before the BOCC for
approval by Ordinance, and;
WHEREAS, the Aspen/Pitkin County Airport currently has five airport employee housing fund
units (three on-airport units and two off-airport units) available for lease to qualified tenants as
per the established Airport Housing Policy attached hereto as Exhibit A and;
WHEREAS, the BOCC desires to enter into lease agreements with qualified individual(s) for one
of these on-airport housing fund units, and;
WHEREAS, Ryan Thiers, airport employee, have applied to lease one of the on-airport
employee housing fund units located at 1003 Owl Creek Road, Aspen, Colorado 81611 with the
provisions described in the lease agreement attached hereto as Exhibit B.
WHEREAS, the Facilities Director has determined that the applicant(s)meet the qualifications
for an airport employee housing fund units, and;
WHEREAS, the BOCC desires to lease the on-airport airport employee housing fund units to
Ryan Thiers, and
WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens
of Pitkin County, and;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby:
1. Adopts an Ordinance Authorizing a Lease Agreements with Ryan Thiers for an
Aspen/Pitkin County Airport Owned Housing Unit
2. 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 FEBRUARY, 2022 AND SET
FOR SECOND READING AND PUBLIC HEARING ON THE 23RD DAY OF FEBRUARY
2022.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 10TH DAY OF
FEBRUARY, 2022.
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 FEBRUARY 2022.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 23RD DAY OF
FEBRUARY 2022.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 24TH DAY OF FEBRUARY, 2022.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 3RD DAY OF MARCH, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By itxtia, al By: Fraun.Git, jaalf r
Julia Ely Francie Jacober, Vice Chair
Deputy County Clerk
Date: Feb-28-2022
APPROVED AS TO FORM: MANAGER APPROVAL
lens, El/ etuitiS (ft t ict,
John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager
Revised 01-01-2021
Contract No.o. 106-2022 Airport Fund Template 08/31/21
PITKIN COUNTY EMPLOYEE HOUSING
AIRPORT LEASE AGREEMENT
THIS LEASE AGREEMENT("Lease")is made and entered into this24 day of FehruaD022
by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,having an address of 530 E.Main St., Suite 302,Aspen, Colorado("Pitkin County"
or"Landlord"), and Ryan Thiers ("Tenant").
Lease Covenant. In consideration of the Tenant's payment of the rents and keeping and performing
the covenants, conditions, and requirements of the Lease as set forth herein, the Landlord hereby
leases to the Tenant the following premises situated in the State of Colorado, County of Pitkin:
(the "Premises").
1003 Owl Creek Road, Aspen, Colorado 81611.
1. Lease Term. The term of this Lease shall be for one (1) year and commence on
March 1, 2022 and shall expire automatically on February 28, 2023 (the "Term") unless sooner
terminated or renewed as provided by this Lease. Except as provided in Paragraph 3, this Lease,
upon expiration, will automatically renew for the same Term and upon the same conditions set
forth herein provided that Tenant is not currently in default of any provision of this Lease or has
not previously been in default of this Lease. Any prior default by Tenant of any provision of this
Lease eliminates the right to renew.
2. Landlord's Right to Elect to Not Renew Lease. Notwithstanding anything to the
contrary and in addition to Landlord's other rights and remedies set forth in this Lease, Landlord
has the right to not renew this Lease for another term if Landlord, at Landlord's sole discretion,
elects to not renew the Lease for another Term and provides Tenant with notice of Landlord's
intent to not renew the Lease at least sixty (60) days before the expiration of the current Term.
Landlord shall not be required to provide Tenant notice of its election to not renew the Lease if
Tenant is currently or has been in default of the Lease at any time while the Lease is in effect.
3. Rent. Rent for the term of this Lease shall be the sum of$10,800.00 payable in
monthly installments of$ 900.00("Monthly Rent"). The first Monthly Rent payment shall be due,
along with last month's rent and Security Deposit, prior to Tenant occupying the Premises.
Monthly Rent shall be due thereafter on the first day of each calendar month until expiration of
the Term. Rent payments shall be made in the form of electronic payment or by a personal check,
cashier's check, or money order made payable to Pitkin County and delivered or mailed to
Landlord at the address of:
Pitkin County Housing
530 E. Main Street#304
Aspen, Colorado 81611
Required: Address of unit MUST be written on the check or money order.
4. Security Deposit.As set forth above,Tenant shall provide Landlord with a Security
Deposit in the amount of$500.00,which amount shall be held during the term of this Lease. Upon
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termination of the Lease or surrender and acceptance of the Premises,whichever is later, Landlord
shall return to Tenant the Security Deposit,minus any amounts lawfully retained,within sixty(60)
days. In the event Landlord retains any portion of the Security Deposit, Landlord shall provide
tenant with a written statement listing the exact reasons for retention of any portion of the Security
Deposit. This Security Deposit shall not be construed as liquidated damages and shall not impair
or alter remedies otherwise available to Landlord hereunder, or at law or in equity, including the
right to proceed against the Tenant for rent, damages, or expenses not adequately covered by the
deposit. In the event Tenant unlawfully attempts to terminate this Lease or abandons the Premises,
Landlord shall be entitled to retain the entire Security Deposit. In the event Security Deposit or
any portion thereof is used by Landlord,Tenant must replenish the Security Deposit with Landlord
within thirty(30) days of notice by Landlord to Tenant that the Security Deposit has been used by
Landlord. Tenant's failure to replenish the Security Deposit shall constitute grounds for
termination of this Lease.
5. Lease is Contingent upon Continued Employment with Aspen-Pitkin County
Airport. Tenant acknowledges that this Lease is contingent upon continued employment with
Pitkin County. If during the term of this Lease or any renewal period, the Tenant is no longer
employed with Pitkin County,this Lease shall terminate and Tenant shall be required to vacate the
Premises within thirty(30)days of the date that Tenant's employment with Pitkin County becomes
final. For the purpose of this Lease only, Tenant's employment with Pitkin County becomes final
upon voluntary resignation or, in the circumstance of involuntary termination,upon the expiration
of only those appeal rights, if any, provided in the Pitkin County Policies and Procedure Manual,
as that document may be amended from time to time. For the purpose of this Lease.
6. Other Qualifications. In addition to being employed by Pitkin County, Tenant shall
not, during the term of this lease, own or have a property interest in, whether individually or
through an entity, any other real property in the Aspen Pitkin County Housing Authority
("APCHA"), Ownership Exclusion Zone, as that term is defined in the then-in-effect APCHA
housing guidelines. Prior to occupancy of the Premises, Tenant shall comply with and qualify
under this Lease pursuant to the then-in-effect Aspen-Pitkin County Airport Revised Housing
Policy. A copy of the Pitkin County Revised Housing Policy is appended to this Lease as
"Addendum A"and made a part of this Lease by this reference.Landlord and Tenant shall execute
a copy of Addendum A at the same time as executing this Lease.
7. Late Charges and Acceleration. Tenant shall be assessed a late charge of fifty
dollars ($50.00) per day if Monthly Rent has not been paid by the close of business on the fifth
(5th)day of the month. If the fifth day of the month falls on a Saturday,Sunday or holiday,Monthly
Rent will be considered late on the following business day. Landlord's failure to collect any late
charges that have accrued shall not be deemed to be a waiver of these charges, and Landlord shall
be entitled to deduct all accrued and unpaid late charges out of Tenant's Security Deposit upon
termination of this Lease. Late charges shall accrue in any case where the full Monthly Rent, or
any portion thereof, remains unpaid, including in circumstances where Tenant's payment is
dishonored. Accordingly, partial payments of Monthly Rent will not prevent the full late charge
from being applied to the amounts due. In the event of any default in the payment of Monthly Rent
after the fifth day of the month, Landlord may choose to accelerate payment of the entire annual
rent, which shall become due and payable without any notice or demand from the Landlord. Any
failure to pay rent when due shall constitute a material breach of this Lease.
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8. Inspection. Landlord or its agents shall have the right to inspect the Premises at
reasonable times during the term of this Lease upon giving reasonable notice to the Tenant of the
intent to inspect.Reasonable notice shall be twenty-four(24)hours,unless the circumstances under
which inspection is carried out warrant a shorter period of time (e.g. risk to property or life).
9. Condition of the Premises. Tenant hereby acknowledges that Tenant has inspected
the Premises and fixtures and warrants that the same are in good condition and suitable for the use
intended at the time of taking possession of the Premises. Tenant further acknowledges that there
is no damage to the Premises, furniture or fixtures at the commencement of this Lease other than
as specifically set forth in writing, signed by the parties at the commencement of this Lease
initialed by Landlord and Tenant. Tenant, at Tenant's own cost, agrees to maintain the Premises,
together with all appurtenances thereto, all fixtures and appliances, in accordance with paragraphs
9 and 10 below, and shall at the expiration or sooner termination hereof deliver the same to
Landlord in their present condition and state of repair, reasonable wear and tear excepted. Tenant
shall be responsible for any damage to the Premises or any portion thereof, caused by the acts or
omissions of Tenant or Tenant's family,agents or guests. In the event of such damage,Tenant shall
deliver immediate notice thereof to Landlord. Landlord at its sole option may require Tenant to
repair said damage at Tenant's own cost and expense, or Landlord may repair such damage and
charge the expense thereof to Tenant as additional rent hereunder.
10. Maintenance of Premises. Tenant shall maintain the Premises in a reasonably clean
and safe manner, including the following:
a. Keep the Premises reasonably clean, safe, and sanitary as permitted by the
condition of the Premises;
b. Dispose of ashes, garbage, rubbish, and other waste from the Premises in a
clean, safe, sanitary, and legally compliant manner;
c. Use in a reasonable manner all electrical, plumbing, sanitary, heating,
ventilating, air-conditioning (if any), and other facilities and appliances
within the Premises;
d. Promptly notify the Landlord if the Premises is uninhabitable as defined in
C.R.S. 38-12-505 or if there is a condition that could result in the Premises
becoming uninhabitable if not remedied;
e. Conduct himself or herself and require other persons upon or within the
Premises within the Tenant's control, to conduct themselves in a manner
that does not disturb their neighbors' peaceful enjoyment of the neighbor's
dwelling unit(s) or property; and
f. Lessee shall not knowingly, intentionally, deliberately, or negligently
destroy, deface, damage, impair, or remove any part of the Premises or
knowingly permit any person within his or her control to do so.
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11. Renters Insurance. Pitkin County's property insurance does not provide coverage
for any personal effects or possessions of the household members who occupy the
Premises. Therefore, Tenants are required to obtain and maintain, at their own expense, prior to
the inception date of their Lease and then throughout the Lease Term, Renters Liability Insurance
with limits of no less than one hundred thousand dollars ($100,000.00). Pitkin County shall be
named as an Additional Insured or Second Insured on the Renters Liability policy. Tenant shall
deliver a copy of the policy and renewal certificate to Pitkin County prior to Tenant occupying the
Premises and then annually upon renewal or reissuance of such policy. All such liability policies
shall provide notice to Pitkin County related to cancellation,termination, or reduction in coverage
in accordance with policy terms and conditions. Pitkin County makes no representation that the
limits of liability required to be carried by Tenant under the terms of this Lease are adequate to
protect Tenant's interests and Tenant should obtain such additional insurance or increased liability
limits as Tenant deems appropriate. Tenant is responsible for any deductible or self-insured
retention related to their Renters' Liability or Renter's Property Insurance policy/policies. Failure
to maintain the required liability insurance will be considered to be material breach of this Lease.
12. Use of the Premises. The Tenant shall use the Premises for residential and related
purposes only and shall permit no unlawful activity on the Premises. If applicable, this Lease is
also subject to all rules and regulations, agreements, and protective covenants applicable to or
burdening the Premises. Tenant shall not use nor permit the Premises or any part of the Premises,
to be used for any business purposes (except home office uses without signs or client traffic) or
unlawful purpose of any sort. Home Owner Association rules and regulations must be strictly
adhered to by Tenant. Any violations or complaints are lease violations. Any fines, fees or other
penalties resulting in violation of these rules are the sole responsibility of the Tenant.
13. Smoking. All Pitkin County properties, including the Premises, are smoke free.
Tenant may not smoke tobacco or other substances on the Premises.
14. Number of Occupants. Tenant agrees that there will not be more than One (1)
permanent occupant of the Premises. Tenant shall be permitted occasional overnight guests,but at
no time shall other than the named Tenant hereunder permanently occupy the Premises.
15. Pets. (Check one)
® Tenant is NOT allowed to have or keep any pets, even temporarily, on any part of the
Premises.
❑ Tenant is allowed to have the following pets on the Premises: One pet as approved,none
approved at this signing of this lease. There is an added$10 month fee added per approved
pet to the tenant's base rent.
The unauthorized presence of any pet may subject tenant to penalties,damages, deductions
and termination of this lease. Properly trained service animals that provide assistance to
individuals with disabilities will be permitted on the Premises with the prior written consent
of the Tenant. Tenant(s) will be responsible for the costs of defleaing, deodorizing and/or
shampooing all or any portion of the Premises if a pet has been on the Premises at any time
during the Term(whether with or without written consent of the Tenant).
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16. Sublease or Assignment. The Tenant shall not sublease or assign the Premises (or
any portion of said Premise). This provision expressly prohibits use of the Premises for short term
rentals. Any violation of this provision shall constitute a material breach of this Lease.
17. Utilities. Landlord will pay or cause to be paid all charges for electricity, gas,water,
sewer and trash. Tenant shall be solely responsible for arranging and contracting for, and shall
promptly pay when due, all charges for the connection of any telephone, television and internet
services and any other utilities used in the Premises at the option of Tenant during the Lease Term.
18. Alterations. The Tenant shall not make any alterations, additions, improvements,
or repairs to the Premises (other than ordinary maintenance) without the prior written consent of
the Landlord, and all work, after any such consent shall be given, shall be done in a satisfactory
and workmanlike manner and with satisfactory materials, subject to the written approval and
physical inspection and supervision of the Landlord. Any alterations, additions or improvements,
when made or attached to the Premises, shall belong to and become the property of Landlord and
shall be surrendered upon the expiration or sooner termination of this Lease. Tenant shall not
permit any lien or other encumbrance to be filed against the Premises in connection therewith, and
shall indemnify Landlord against such liens and encumbrances.
19. Misuse and Neglect or Injury to the Premises.
a. The Tenant shall, at his own cost and expense, take good care of the leased
Premises and shall at his own cost and expense,make all repairs required to
the ceilings, walls, floors, windows, fixtures, paper, pipes, plumbing work
and furniture, if the Premises are furnished, whenever such damage and
injury shall result from the Tenant's misuse or neglect; and, at the end or
other expiration of the terms hereof,the Tenant shall deliver up the Premises
in good order and condition, reasonable wear and tear excepted.
b. All injury to the Premises,or to the fixtures,caused by moving any property
of the Tenant, in or out of the Premises, and all breakage or other injury
done by the Tenant, or his family, agents, servants, or visitors, as well as
any damage caused by the overflow or escape of water, gas electricity, or
other substance, due to the negligence of the Tenant, or the family, agents,
servants, roommates or visitors of the Tenant shall be repaired by the
Landlord, at the expense of the Tenant. The costs shall be determined on
statements rendered by the Landlord to the Tenant and the sum so
determined shall be payable to the Landlord upon delivery of such
statements.
c. The Landlord shall not be liable for any damage to any property or person
at any time in the Premises from gases,or electricity, or from water,rain, or
snow, whether they may leak into, issue, or flow from any part of the
Premises, or from pipe, or plumbing works, or from any other place or
quarter,unless caused by the Landlord's affirmative act of negligence, or an
affirmative act of negligence by the Landlord's agents or employees. The
Tenant shall give to the Landlord prompt written notice of any accident to,
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of defect in, the water pipes, warming apparatus or electric wires, and the
same shall be remedied by Landlord with due diligence, subject to
subparagraph 18(a) and(b) of this Lease.
20. Applicable Law and Venue. This Lease is to be construed according to the laws of
the State of Colorado. Jurisdiction for any disputes hereunder shall be in the courts of Pitkin
County, Colorado.
21. Notices. Any notice required or permitted under this Lease shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the
following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the
mailing addresses set forth below. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall be considered
delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained
herein shall be construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Landlord:
Board of County Commissioners of Pitkin County, Colorado
c/o Pitkin County Airport Director
530 E. Main Street, Suite 302
Aspen, CO 81611
jodi.smith@pitkincounty.com or
Dan.Bartholomew@aspenairport.com
With a Copy to:
Pitkin County Attorney's Office
530 E. Main Street, Suite 301
Aspen, CO 81611
attorney@pitkincounty.com
To Tenant:
Ryan Thiers
1003 Owl Creek Road
Aspen, CO 81611
Email:Ryan.Thiers@AspenAirport.com
22. Severability. If any provision of this Lease shall be declared invalid or
unenforceable, the remainder of the Lease shall continue in full force and effect.
23. Quiet Enjoyment. Subject to the terms of this Lease, and the faithful performance
of Tenant's obligations hereunder, Tenant shall have quiet enjoyment of the Premises during the
term hereof,provided however,that Landlord shall not be responsible for any disturbances caused
to Tenant as a result of actions not directly attributable to Landlord, including without limitation,
maintenance, and repair, traffic noises, construction noises and other disturbances.
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24. Joint and Severable Liability. In the event that more than one Tenant is obligated
under the terms of this Lease, each such Tenant shall be jointly and severally liable for the
fulfillment of all of the obligations of this Lease, including without limitation,the payment of rent
and the payment of the Tenant's other financial obligations hereunder.
25. Casualty. In case of fire or other casualty, the Tenant shall give immediate notice
to Landlord. If the leased Premises are not livable as a result of fire, the elements or by any other
cause not resulting from Tenants'neglect or default, the obligation to pay rent shall cease until the
demised Premises shall be substantially repaired, whereupon the obligation to pay rent shall
resume to the same extent and at the same rate as if the damage had not occurred. However, the
obligation to pay rent shall not cease nor shall any reduction in the rental payment be made during
the period that Tenant continues to reside in the Premises. In no event, however, shall the
provisions of this clause become effective or be applicable if fire or other casualty or damage shall
be the result of carelessness,negligence or improper licensees, invitees, sub Tenants, assignees or
successors. In such case, the Tenant's liability for the payment of rent and the performance of all
the covenants and conditions and terms hereof on the Tenant's part to be performed shall continue
and the Tenant shall be liable to the Landlord for the damage and loss suffered by Landlord,
including all repairs and rebuilding expenses. Landlord shall not be responsible for any loss or
damage of Tenant's personal property.
26. Condemnation. In the event that the Premises are taken by an authority exercising
the power of eminent domain, this Lease shall terminate as of the date possession shall be taken
by the condemner. Tenant waives all claims against Landlord or any condemning authority by
reason of the complete or partial taking of the Premises,or the remainder of the Premises, and shall
not be entitled to receive any part of any award that Landlord may receive, hereby quit claiming
ail interest therein to Landlord,unless otherwise prescribed by law.
27. Default and Termination. If there shall be a default in the performance of the
payment of rent or any part thereof for more than thirty (30) days after written notice of such
default from Lessor or Lessor's agent to Lessee this Agreement and all rights of Lessee hereunder
shall terminate. If there shall be a delinquency by Lessee in the performance of any other covenant,
agreement, condition, rule or regulation herein contained or hereafter established for more than
thirty (30) days after written notice of such default from Lessor to Lessee, Lessor, or Lessor's
agent, at any time thereafter may terminate this Lease by providing a notice to quit to Lessee,
which notice to quit shall be effective upon delivery to Lessee or upon posting on the front door
of the Premises. In that case, this lease shall terminate and all rights of Lessee hereunder shall
terminate. Lessor may also terminate this lease for any substantial violation in accordance with the
provisions of C.R.S. 13-40-107.5.
The abandonment of the premises by the Lessee as defined in C.R.S. § 38-12-501, shall
constitute a default under this Agreement and all rights of Lessee shall there upon terminate.
Prior to expiration or termination, Lessor may inspect the premises as provided in paragraph 7
above to determine compliance by Lessee with the terms of this Agreement, including but not
limited to condition of the Premises.
Upon termination of this Agreement,pursuant to the preceding subparagraph or otherwise,
Lessee shall peacefully surrender the leased Premises to Lessor, and Lessor may, upon or at any
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time after such termination, without further notice, re-enter the leased Premises and repossess it
by force, summary proceedings, ejectment, or otherwise, and may dispossess Lessee and remove
Lessee and all other persons and property from the leased Premises. Lessee shall be responsible
for any and all costs and attorney's fees incurred by Lessor in enforcing the provisions contained
in this paragraph. At any time after such termination, Lessor may re-let the leased Premises or any
part thereof, in the name of the Lessor or otherwise for such term (which may be greater or less
than the period which would otherwise have constituted the balance of the term of this Lease) and
on such conditions as Lessor, at its discretion, may determine, and may collect and receive the
rents therefore. Lessor shall in no way be responsible for or liable for any failure to re-let the
leased Premises or any part thereof, or for any failure to collect any rent due upon such re-letting.
The rights and remedies of Landlord provided for herein are in addition to and not an exclusion of
any other remedies available to Landlord at law or in equity.
28. Additional Remedy Upon Default. If Tenant shall be in default hereunder as above
defined, Landlord may, at its option, cure such default on behalf of Tenant without the exercise of
its rights as contained in paragraph 26 of this Lease, in which event Tenant shall reimburse
Landlord for all sums paid to effect such curing, including nonpayment of rent, together with
interest at the rate of 18%per annum and reasonable attorneys' fees incurred in collection shall be
paid by Tenant to Landlord on demand and shall be recoverable as additional rent.
29. Tenant's Property Remaining on Premises. In the event the term of this Lease
expires or is otherwise terminated, or the Premises are abandoned hereunder, and Landlord enters
into possession of the Premises and there is within the Premises furniture, furnishings, or other
personal property of the Tenant,Landlord shall have the right and option without liability to Tenant
to: (1)to store such property in a warehouse or other storage space provided by Landlord or others
at the reasonable storage expense of Tenant; or (2) to cause such property to be sold at public or
private sale with or without notice to Tenant, at which sale Landlord may be purchaser, and to
apply the proceeds of such sale first to the reasonable incurred expenses of collection or sale and
thereafter on any indebtedness due by Tenant to Landlord, with any excess over the amounts
required for such purposes payable to Tenant, or (3) in the discretion of Landlord said property
may be discarded or destroyed.
30. Holding Over.Upon the expiration or sooner termination of this Lease,Tenant shall
immediately and without notice from Landlord surrender possession of the Premises to Landlord.
In the event Tenant does not vacate the Premises, Tenant's holding over shall not be deemed a
tenancy of any kind or nature whatsoever, and Tenant shall be subject to eviction proceedings
without further notice. For purposes of such proceedings, Tenant shall be subject to a claim for
damages based on a pro rata rental rate for the Premises based on the then-in-effect Rent or the
fair market value of the premises, whichever is greater, for the period of such holding over.
31. Indemnity. Tenant hereby agrees to and does indemnify and hold Landlord
harmless and agrees to defend from and against any and all claims, demands, causes,judgments
or liability for any losses or damage to any property of, or any injury or death to, any persons in
or about the Premises that accrue during the term of this Lease,including,but not limited to Tenant,
Tenant's family, agents,servants,guests,licensees,or invitees; and further,Tenant shall indemnify
Landlord for any payments, expenses, costs or attorney fees incurred by Landlord as a result of
such losses, damages, injury or death.
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32. Attorney Fees. In the event that legal action is necessary to enforce any of the
provisions of this Lease, the substantially prevailing party, whether by final judgment or out of
court settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorney fees.
33. Government Immunity. The parties hereto understand and agree that Landlord is
relying on, and does not waive or intend to waive by any provision of this Lease, the monetary
limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act et seq.,as from time to time amended,or otherwise available to Pitkin
County, its subsidiary, associated and/or affiliated entities, successors, or assigns; or its elected
officials, employees, agents, and volunteers.
34. Waiver. Failure of Landlord to declare any default immediately upon occurrence
thereof and any delay in taking any action in connection therewith shall not waive such default,
but Landlord shall have the right to declare any such default at any time.
35. Modification and Integration. This Lease and its attachments,if any, constitutes the
entire agreement between the parties with respect to the leased Premises and supersedes any prior
agreements or contracts whether oral or written. This Lease may not be modified except in writing
signed by the parties.
36. References. If Tenant provides any party with Landlord as a reference, or if any
party contacts Landlord for information regarding Tenant, Landlord will provide all information
requested by such new Landlord pertaining to Tenant's rental history, including all information
regarding timely payment of rent, adherence by the Tenant to the rules and regulations, the
condition of the Premises upon Tenant's vacation thereof, and any other information deemed
relevant to the inquiring party that Landlord does not believe constitutes confidential information.
37. Binding Effect. The terms and conditions of this Lease shall extend to and be
binding upon the heirs, executors, legal representatives, successors and assigns of the parties
hereto.
38. Counterparts. This Lease may be executed in counterparts.
[Signature Page(s) Follow]
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IN WITNESS WHEREOF, the parties have executed this Lease on the date first above
written.
Landlord: Tenant:
Board of County Commissioners of Ryan Thiers
Pitkin County, Colorado 1003 Owl Creek Road
Aspen,CO 81611
Email:Ryan.Thiers@AspenAirport.com
Feb-24-2022 Date Feb-24-1022 Date
Jodi Smith , for BOCC
Approved to Form:
5ulnti E17
Pitkin County Attorney
The Lease has been entered into by the Jodi smith Di rector - 15K-Uditifia 24 day of
February ,2Q022,pursuant to Board of County Commissioners Ordinance No. 009-2022
10
Final 11/2021
EXHIBIT A
ASPEN/PITKIN COUNTY AIRPORT HOUSING POLICY
TO AIRPORT EMPLOYEE
HOUSING LEASE AGREEMENT
I.Airport Program and Eligibility
The Airport housing selection policy will outline operational preparedness and readiness per
FAA commitments. The Airport owns three on-Airport Units and two off-Airport Units.
Airport personnel are eligible to occupy these units based on outlined tiered priority. Selection
tiers are set with priority going to frontline staff who have completed their first year of
employment. Employees applying for units must not have any disciplinary actions including
written warnings, as a part of applying for Airport Housing. Staff may be asked to fill standby
positions and respond to airport needs during Emergencies, Irregular Operations, Airport
Incidents/Disruptions, and other Organizational Needs. Selected employees that are allowed to
participate in Airport housing must not own a deed restricted house,private residence or be a
participant in other employee housing ownership programs as set by the APCHA Rental Unit
Guidelines.
II. Airport Units, Priority& Selection Process
A minimum of one (1) County employee qualified per APCHA guidelines must be seeking
residence to be eligible to apply for an identified County Unit. The income and total assets for all
household members applying must not exceed the Net Gross Income and Net Assets per
household threshold set by the APCHA Rental Unit Guidelines.
Priority for Units: The following is the priority for rental of Airport offered units:
Priority 1: Coordinator/Technician/Firefighter
Priority 2: Supervisors
Priority 3: New Hires less than 1 year
Priority 4: Managers/Captain
Multiple Bedroom Units: Couples, Married, or with Dependent will be given
priority prior to reviewing Priority 1 applicants that are single occupants.
Selection: All qualified names entered into the lottery will be separated based on the
priority tier of which they qualify for. Each year of service provides for additional name
entry in the drawing for a maximum of 3 entries. (I.E. 2 years of service=2 entries).
Each tier will be drawn in order from Priority 1 to Priority 4 if necessary, tiers may be
skipped, and i.e. if no qualified entries for Priority 1 enter, the drawing will move to
Priority 2 so on a so forth until a qualified selection is drawn. For multiple bedroom units,
if no qualified dependent occupants enter the lottery, the unit may be drawn through
lottery as 2 individual bedrooms and roommates may be assigned. In all drawing, an
alternate will be selected. The drawing will be performed by the Airport Director or
designee.
III. Rental Rates
A minimum of one (1) Pitkin County Airport employee qualified per APCHA guidelines must be
seeking residence to be eligible to apply for an identified County Unit. The income and total
Wage
Final 11/2021
assets for all household members applying must not exceed the Net Gross Income and Net
Assets per household threshold set by the APCHA Rental Unit Guidelines. Airport-owned units
will have a$10-month fee for each approved pet if applicable. Not all units permit pets.
IV. Rental Procedures
When a unit becomes available, the Airport Director or designee, will provide an announcement
to all Airport employees by email. The notification period will allow staff to review, respond,
and will be no less than 7-day period. A lottery will take place based on the tiered priority above.
Once an occupant is, selected applicants must sign up with APCHA to document qualification,
and Category assignment. Once the qualification and Category are established.
V. Housing Management
Leases will be managed by Pitkin County Facilities Director, however the Airport will remain
signatory for all housing units. The Airport Facilities Manager will be responsible for
management of the units on a day-to-day basis. All maintenance concerns will go through the
work.order@aspenairport.com email to be address by the Airport Facilities Team. Each unit will
have varied standards regarding pets, HOAs rules and regulations and will be managed by the
Airport Facilities Manager.
VI. Rental Term
All Airport units will be managed with a 12-month lease, all occupants will be required to
completed the APCHA process as well as provide documentation of rental insurance for the
leased unit. If the unit is to be vacated 30 days' notice is to be provides. Prior to the last day in the
unit, the occupant is to notify the Airport Facilities Manager and schedule a final inspection,
return of keys, and transfer of utilities when the unit is vacant.
VII. Employment Termination
If an Airport employee in Airport Housing terminates employment, they must vacate the unit
within 30 days from the date of termination. Prior to the employee's last day in the unit, they
must notify the Airport Facilities Manager and schedule a final inspection, return of keys, and
transfer of utilities of when the unit will be vacant.
2IPage