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FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Department/Division: AI R.P()r2./T~ ~
Contact Person: 'Pp.N, D ,UL-A1V(;i Phone #: ~~..J)8'S:3
Project Name "PAT't:'C\ ~Ha.~ l....E1-l~ Cont~ct #: I 0 ~ - ~ () () ,
BOCC AGENDA ITEM X. STAFF AUTHORIZED SIGNATURE
(BOCC signature required) (per Revised Procurement Code7/200S)
~ 1-=3:2. 0 U .
Dollar Amount: $ BudgetLineItem~~S~.~1'~y
Purchase
_Employment
_Intergovernmental Agreement (Requires BOq:C Action)
Non Profit
_Quasi-Public
Signatures Required:
Under 25K - Department Head
25-50K - Department Head (if appropriate), Section Leader
Over 50 K - Department Head (if appropriate), Section Leader, County Manager
Contrac'o</Bu,ine" (comfJ'F 1(';' ~ ~
Contract Execution Date: I Contract End Date: If /3 J /:2-00 r
Automatic Renewal (YIN): Term I ye~lf(s) I
All Contracts should be proofed for the following:
. No Pages Missing
. If a Page is Left Intentionally Blank - Note on Page
. Page numbered consecutively
. All Signatures Affixed
. All Dates Filled In
. All Other Blanks Filled In
. All Exhibits Attached
. All Legal Descriptions Attached (if appropriate)
. Notice of A wardIProceed Attached (if appropriate)
S~d Reco,de' fo, Sc"",,",g/ Arehiving
~ Date: 5"- I-t>1",
Authorized Staff Person
Signature of authorized staff person indicates that document has been proofed and ready
for scanning.
Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage
schedule.
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J~NICE K VOS C~UOILL PITKIN COUNTY CO R 0.00 0 0.00
PATIO SHELTER HANGAR
ANNUAL LEASE AGREEMENT
THIS PATIO SHELTER HANGAR LEASE AGREEMENT, is entered into and
effective this 1st day of May, 2006, by and between the PITKIN COUNTY BOARD OF
COUNTY COMMISSIONERS, a political subdivision of the State of Colorado
("SOCC") and Mike Taets ("Lessee").
RECITALS
A. The SOCC owns and operates Sardy Field, the Aspen/Pitkin County
Airport, located in Aspen, Pitkin County, Colorado ("Airport").
B. Lessee, Mike Taets, wishes to lease a patio shelter-type hangar, located
on the Airport, and to store aircraft owned or leased by the Lessee in that hangar.
NOW, THEREFORE, in consideration of the above Recitals and the mutual
promises and representations set forth below, the parties hereby agree as follows:
ARTICLE I. LEASED PREMISES
A. The SOCC hereby leases to Lessee, and Lessee hereby leases from the
SOCC, a parcel of real property on the Airport designated of the following described
size: Medium, to be designated as Patio Hangar Space No. A-11, to be as shown on
the map to be attached hereto as Exhibit A and incorporated herein by this reference
when completed by the SOCC, and any and all rights, privileges and appurtenances
herein described as belonging to said space, subject, however, to all restrictions and
other encumbrances of record. The parcel of real property shall hereinafter be referred
to as the "Leased Premises".
S. Lessee is also granted the nonexclusive right to utilize such Airport
runways, taxiways, and public use aprons ("airfield areas"), and such other rights of way
and access across the Airport ("Airport rights of way"), as necessary for ingress and
egress to its Leased Premises, and to the extent necessary to enable Lessee to utilize
the Leased Premises for the purposes discussed herein. Lessee's use of said airfield
areas and other Airport rights of way shall be on a nonexclusive, non-preferential basis
with other authorized users thereof. Lessee shall abide by all directives of the SOCC,
the Federal Aviation Administration ("FAA") and any other governmental entity having
jurisdiction over the Airport, governing their use of said airfield areas and other Airport
rights of way, either alone or in conjunction with other authorized users thereof.
Furthermore, the SOCC may from time to time increase or decrease the size or capacity
of any airfield areas and other Airport rights of way or facilities (other than the Leased
Premises), make alterations thereto, reconstruct or relocate them, modify the design
and type of construction thereof, or close them, or any portion or portions of them, either
temporarily or permanently, without being liable for any damages that may be caused
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Lessee thereby, and without being deemed to have terminated this Agreement as a
result thereof.
e. BOee reserves the right to subordinate the provisions of this Lease to the !
provisions of any future agreement between the soee and the United States
Government relative to the operation, maintenance or development of the Airport which
agreement may be required as a condition precedent to the expenditure of Federal
Funds for the development, maintenance or operation of the Airport, if such an
Agreement is entered into between the County and the United States Government, the
parties agree to execute an amendment to this Lease so as to remove any material
inconsistencies between this document and any agreement with the United States
Government. Furthermore, in the event that by reason of any such agreement with the
United States Government as aforesaid, it becomes necessary to modify, relocate or
remove any improvements or other structures situated on the Leases Premises, or to
move the Leased Premises itself, Lessee agrees to modify, relocate or remove any.
such improvements or structures, or to move to a new location for the Leased Premises,
as directed by soee and soee shall compensate and reimburse Lessee for
reasonable damages, costs and expenses (including modification, removal or relocation
costs) suffered or incurred by Lessee in consequence thereof. If, due to the conditions
of any agreement between the soee and the United States government, the Leased
Premises cannot be relocated at the Airport, the soee has the right to terminate this
lease upon sixty (60) days notice to the Lessee by paying to the Lessee the then
unamortized cost of the Lease as of the date of termination.
ARTICLE II. GRANT OF USE
A. The soee hereby grants Lessee the exclusive right to use the Leased
Premises to store aircraft owned or leased by Lessee, or by any entity in which the
Lessee has a bona fide ownership interest, and Lessee's automobile when the aircraft
is in use. The Lessee understands that restrictions, including any prohibition required
by County, state or federal law, may apply to the parking of automobiles. The
restrictions will be at the discretion of the Airport Director. All uses by the Lessee shall
be in compliance with the rules and regulations of the Airport and with all FAA
regulations. The Lessee shall always keep the soee advised of the type of aircraft
stored in the Leased Premises, and the tail number of that aircraft. In addition, Lessee
may sub-let the Leased Premises subject to the conditions in Article XXI.
s. Lessee shall not use, nor permit others to use, the Leased Premises, and
any improvements thereon, to store automobiles or equipment unrelated to Lessee's
use of the Leased Premises under this Agreement; to fuel any aircraft or vehicles in any
manner that would violate the regulations of the Airport, or for any other purpose than
Lessee's aeronautical services and activities authorized by Subparagraph A above,
unless the soee authorizes Lessee, in writing, to use the Leased Premises, and any
improvements thereon, for said additional purposes.
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ARTICLE III. TERM
A. The initial term of this Patio Shelter Hangar Lease Agreement shall be
deemed to commence at 12:01 a.m. on May 1. 2006 (the "commencement date") and
shall terminate at midnight on April 30, 2007. The Lessee may terminate the Lease
upon sixty (60) days written notice to the BOCC, provided that in that event, the Lessee
shall not be entitled to the return of any prepaid unamortized cost of the Lease.
ARTICLE IV. RENT AND OTHER FEES
A. Rent.
1. . The monthly rent for the Leased Premises shall be: $511.00. The
initial rent shall consist of the first month's rent, the last month's rent and a security
deposit equivalent to one month's rent. Rent will be paid in advance and will be billed
monthly. The Lessor may increase the monthly rent once per year. Any changes made
in the monthly rent will be noticed prior to January 1 sl of each year and shall be in effect
for the remainder of the year.
B. Payment of Fees.
1. All billing for monthly payments for ground rent and other costs will
be made by Trajen FBO Network, on behalf of the BOCC. Payment will be made to
Trajen FBO Network, who will forward the collected payments to the BOCC.
C. Interest. Any ground rental or other monies owed to the BOCC under this
Lease Agreement which are not received when due, or any monies paid by the BOCC
on Lessee's behalf which were Lessee's responsibility under this Lease Agreement, I
shall accrue interest at the rate of one and one-half percent (1%%) per month from the
due date or date when the BOCC made payment on Lessee's behalf, until receipt of full
payment from Lessee. Any payments received shall be applied first to accrued interest,
and then to the reduction of the actual amounts owed by Lessee.
ARTICLE V. IMPROVEMENTS
During the term of this Lease, Lessee shall have no right to construct any
improvements. alterations, or additions to the Leased Premises, or to any improvements
presently located thereon, in furtherance of Lessee's authorized use of the Leased
Premises without the written consent of the BOCC, which may be withheld at the
discretion of the BOCC.
ARTICLE VI. MAINTENANCE AND UTILITIES
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A. During the term of this Lease, Lessor shall, at its own expense, maintain
and keep all portions of the Leased Premises, and any improvements, fixtures and
equipment which are part of the Leased Premises, in good operating physical condition
and repair.
B. During the term of this Lease, Lessee agrees to keep Leased Premises in
a safe and clean condition, and to not permit any unsightly accumulation of wreckage,
debris, or trash where visible to the general public visiting or using the Airport.
ARTICLE VII. DAMAGE TO AIRPORT
Lessee shall be liable for any damage to the Airport and to any improvements
thereon caused by Lessee, its officers, agents, employees, contractors, subcontractors,
assigns, subtenants, customers, guests, invitees, or anyone acting under its direction
and control, ordinary wear and tear excepted. All repairs for which Lessee is liable may
be made by Lessee at its own expense, provided that said repairs are made timely and
to the BOee's satisfaction as to the quality of repair or, if not timely or satisfactorily
made by Lessee, then by the BOee at Lessee's expense.
ARTICLE VIII. DEFAULT AND REMEDIES
A. Events of Default. The following shall constitute defaults by Lessee:
1. Failure to pay monthly operational fees or electrical engine heating
fees, or any other monies owed hereunder, or under any other agreements between the
parties, when such monies are due, and the failure to cure said delinquency within a
period of ten (10) days following written notice of said delinquency;
2. Any other failure in the performance of any covenant or obligation
required herein, and the failure to cure said delinquency within a period of thirty (30)
days following written notice of said delinquency;
3. The acquisition of Lessee's interest in this Lease Agreement by
execution or other process of law when said process of law is not discharged within
fifteen (15) days thereafter; and
4. Lessee's general assignment of its rights, title and interest
hereunder for the benefit of creditors; or the appointment of a receiver for Lessee's
property if the appointment is not vacated within ninety (90) days.
5. Filing by or against Lessee in any court pursuant to any statute
either of the United States or of any state, of a petition of bankruptcy or insolvency, or
reorganization, or the appointment of a receiver or trustee, of all or a portion of Lessee's
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property if, within sixty (60) days after commencement of any such proceedings
involving Lessee, such petition shall not have been dismissed.
s. Remedies Upon Default. Upon the occurrence of any of the events of
default set forth in Subparagraph A above, the SOCC may exercise anyone or more of
the following remedies. These remedies shall be cumulative and not alternative:
1. The soec may sue for specific performance;
2. The SOCC may sue for recovery of all damages incurred by the
soce, including incidental damages, consequential damages, if any, and reasonable
attorneys' fees;
3. The BOee may terminate this Lease Agreement and, at the option
of the soce, any other agreement in effect between the parties. The termination of
these agreements, however, shall only be effective upon written notice of same
provided by the soee to Lessee. In no event shall this Lease be construed to be
terminated unless and until such notice is provided. The termination may be effective
immediately upon provision of said notice, or at any other time specified in the notice. If
this Lease is terminated, Lessee shall continue to be liable for: (a) the performance of
all terms and conditions, including the payment of all monthly ground rent and all other
monies due or accrued hereunder prior to the effective date of said termination; and (b)
all damages, including attorneys' fees and other expenses of collection, incurred as a
result of any default.
4. Without terminating the Lease by so doing, and without further
notice to Lessee, SOCC may re-enter the Leased Premises with or without process of
law, repossess the Leased Premises and all fixtures and improvements thereon, and
remove Lessee and any third parties who may be occupying or within the Leased
Premises and all of their respective personal property, by using either such reasonable
force as may be necessary, summary proceedings, ejectment, or any other means, the
BOCe, in its sole discretion, deems appropriate without being deemed guilty of any
trespass, eviction, or forcible entry and detainer by so doing. In such case, the soce
shall be obligated to attempt, in good faith, to negotiate the reletting of the Leased
Premises, and any improvements thereon, or any portion thereof, on behalf of Lessee,
for such period of time and upon such terms and conditions as the BOeC deems
appropriate. The soee shall in no way be obligated under the terms of this
subparagraph to relet all or any portion of the Leased Premises, or any improvement
thereon, to any third party, or upon terms and conditions, that are not acceptable to the
SOCC, or which the SOCC, in its sole discretion, does not feel to be in the best
interests of the Airport; nor shall the soce be responsible for any failure by the
sublessee or new tenant to pay rent or to perform any other conditions due upon such
reletting. Lessee hereby expressly authorizes BOeC to make any reasonable repairs or
renovations necessary to relet the Leased Premises, or any improvements thereon, on
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Lessee's behalf. Assuming saee attempts to relet the Leased Premises, in good faith,
whether or not saee is able to relet the Leased Premises, Lessee shall remain liable
for the performance of all terms and conditions of the Lease and the payment of all
monies due under the Lease for the remainder of the leasehold term, although Lessee
shall receive credit for any monies paid or conditions performed as a result of reletting.
Lessee shall also be responsible for reimbursing the saee for all costs and expenses
the soee incurs in reletting or attempting to relet the Leased Premises, including
reasonable repair and renovation costs. Finally, if, as a result of such reletting, saee
becomes entitled to receive excess rentals or other benefits over and above what
saee would have been entitled to receive under this Lease Agreement, sace shall be
entitled to retain all such surplus rentals and other benefits, and Lessee shall have no
rights or interest therein.
5. The saee may utilize any other remedy provided by law or equity
as a result of any events of default.
e. Force Maieure. Any defaults by either of the parties in the performance of
any of the terms and conditions contained herein shall be excused where due to force
majeure, which, among other things, shall include natural catastrophes such as
hurricanes, tornadoes, or floods, acts of God, acts of war, and governmental statutes,
regulations, directives, or contracts governing the operation of the Airport, with which
the saee or Lessee must comply.
ARTICLE IX. COMPLIANCE WITH STATUTES. RULES.
REGULATIONS. DIRECTIVES
A. Lessee shall observe and obey all statutes, rules, regulations and
directives promulgated by the saee and other appropriate local, state and federal
entities having jurisdiction over the Airport, including the Federal Aviation Administration
("FAA") and the Environmental Protection Agency. Without limiting the foregoing,
Lessee agrees to utilize its Leased Premises, and the common areas of the Airport, and
all improvements thereon, in compliance with the Federal Aviation Regulations,
including all amendments hereafter made, embodied in 49 e.F.R. Parts 1542 and 1544,
which are specifically incorporated and made a part of this Lease Agreement. Lessee
further agrees to perform all of its operations authorized hereunder in accordance with
all of the terms and conditions of the rules and regulations for the Airport as the same
may be amended from time to time. If there is any inconsistency between the terms of
this Agreement, and the rules and regulations for the Airport, the terms of this
Agreement shall control. Lessee further agrees to comply with all verbal and written
directives of the Airport Director regarding Lessee's use of the Leased Premises, the
Airport's airfields and ramps, and other common areas elsewhere on the Airport.
s. Should Lessee, its officers, agents, employees, customers, guests,
invitees, subtenants, assigns, contractors or subcontractors violate any local, state or
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federal law, rule or regulation applicable to the Airport, and should said violation result in
a damage award, citation or fine against the BOeC, then Lessee shall fully reimburse
the BOee for said damage award, citation or fine and for all costs and expenses,
including reasonable attorneys' fees, incurred by BOee in defending against or
satisfying the award, citation or fine.
ARTICLE X. INSPECTION
At any time, the BOee may inspect the Leased Premises, and any
improvements, fixtures or equipment thereon.
ARTICLE XI. QUIET ENJOYMENT
The BOee expressly covenants and represents that upon payment of fees when
due and upon performance of all other conditions required herein, Lessee shall
peaceably have, possess and enjoy the Leased Premises and other rights herein
granted, without hindrance or disturbance from the BOee, subject to the BOee's
various rights contained elsewhere in this Agreement.
ARTICLE XII. REPRESENTATIONS
The BOee expressly covenants and represents that it is the owner of the Leased
Premises, and has the right and authority to enter into this Lease Agreement and grant
the rights contained herein to Lessee.
With respect to Lessee, the undersigned warrants and represents that he is
authorized to execute this Lease on Lessee's behalf and shall be bound as a signatory
to this Lease by his execution of this Lease.
ARTICLE XIII. WAIVER
Should Lessee breach any of its obligations hereunder, the BOee nevertheless
may thereafter accept from Lessee any payment or payments due hereunder, and
continue this Lease Agreement in effect, without in any way waiving the BOee's right to
exercise and enforce all available default rights hereunder, or any other remedies
provided by law, for said breach. In addition, any waiver by either party of any default,
breach or omission of the other under this Lease Agreement shall not be construed as a
waiver of any subsequent or different default, breach, or omission.
ARTICLE XIV. NOTICE
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Any and all notices required herein to be made by either party to the other shall
be written notice made by depositing such notice, correctly addressed, via certified mail
of the United States of America, postage prepaid, and such notice shall be deemed to
have been served on the date of such depositing.
All notices to the BOCC shall be mailed to:
Airport Director
Aspen/Pitkin County Airport
0233 East Airport Road
Aspen, CO 81611
All notices to Lessee shall be mailed to:
Mike Taets
PO Box 314
Basalt, CO 81621
Each party may, from time to time, change the address to which notices to said
party are to be sent, by providing written notice of said change of address to the other
party in accordance with the procedure set forth in this Article.
ARTICLE XV. RELATIONSHIP OF PARTIES
It is understood that the BOCe is not in any way or for any purpose partner or
joint venturer with, or agent of, Lessee in its use of the Leased Premises or any
improvements thereon.
ARTICLE XVI. PARTIAL INVALIDITY
If any term or condition of this Lease Agreement or the application thereof to any
person or event shall to any extent be invalid and unenforceable, the remainder of this
Lease Agreement and the application of such term, covenant or condition to persons or
events other than those to which it is held invalid or unenforceable shall not be affected
and each term, covenant and condition of this Lease Agreement shall be valid and be
enforced to the fullest extent permitted by law.
ARTICLE XVII. SUCCESSORS
The provisions, covenants and conditions of this Lease Agreement shall bind,
and inure to the benefit of, the legal representatives, successors and assigns of the
parties hereto.
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ARTICLE XVIII. ATTORNEYS' FEES. COSTS
AND EXPENSES OF LITIGATION
In the event of a breach of this Lease Agreement, the breaching party shall pay
to the non-breaching party all reasonable attorneys' fees, costs and other expenses,
incurred by the non-r~aching' party in enforcing its rights as a result of said breach.
ARTICLE XIX. ASSIGNMENT AND SUBLEASE
A.
Lessee shall not assign its interest nor sublease the Leased Premises.
ARTICLE XX. SURRENDER UPON TERMINATION
Upon the expiration or sooner termination of this Lease Agreement, for any
reason whatsoever, Lessee shall peaceably surrender to the BOee possession of the
Leased Premises, together with any improvements, fixtures or personal property of the
BOee thereon, in as good a condition as the Leased Premises, and improvements,
fixtures and personal property were initially provided to Lessee, ordinary wear and tear
excepted, without any compensation whatsoever, and free and clear of any claims of
interest of Lessee or any other third party whomsoever. Lessee shall restore the
Leased Premises, and other improvements from which the fixtures or property were
taken (if the improvement involved is not also being removed from the Leased
. Premises), to good condition and repair.
ARTICLE XXI. HAZARDOUS WASTE/ENVIRONMENTAL POLLUTION
Lessee shall be solely responsible for the prevention, control and cleanup of all
fuel, gas and oil leaks and spills, hazardous waste, lavatory waste and other
environmental pollution caused by Lessee's operations in the Leased Premises, in
accordance with applicable local, state and federal laws and regulations, and it shall
hold the soee harmless from said prevention, control and cleanup costs and
obligations. The parties each reserve their various claims and defenses against one
another for the cleanup of any environmental pollution that occurred on the Leased
Premises prior to the commencement date of Lessee's leasehold term hereunder. It is
noted that in the ordinary course of storing and parking aircraft that some minor fuel and
oil spillage shall occur and that Lessee shall have no extraordinary obligation for clean
up of such spills.
ARTICLE XXII. EMINENT DOMAIN
A. In the event that all or any portion of the Leased Premises is taken for any
public or quasi-public purpose by any lawful condemning authority, including the BOee,
exercising its powers of eminent domain (or in the event that all or any portion of the
Leased Premises is conveyed to such a condemning authority in settlement and
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acceptance of such condemning authority's offer to purchase all or any portion of the
Leased Premises in connection with its threat to take said areas under power of
condemnation or eminent domain), the proceeds, if any, from such taking or
conveyance shall be allocated between the BOCC and Lessee according to the
applicable Colorado law of eminent domain; provided, however, that in the event of
condemnation, the Lessee shall be compensated no less than the unamortized cost of
the Lease as of the date of condemnation. If a portion of the Leased Premises is so
taken or sold, and as a result thereof, the remaining part cannot be used reasonably to
continue the authorized purposes contemplated by this Lease Agreement as set forth in
Article II in an economically viable manner, then this Lease Agreement shall be deemed
terminated at the end of a period of sixty (60) days following said taking or conveyance.
In that event and at that time, Lessee shall surrender the Leased Premises to the BOCC
and all of the BOCC's fixtures and personal property thereon, and Lessee may remove
its improvements, fixtures and personal property located upon the Leased Premises, in
accordance with the provisions of Article XXIII above.
ARTICLE XXIII. RENEWAL
Lessee has no guaranteed or preferential right, as against other third parties, of
reletting the Leased Premises, or any improvements thereon, following termination of
this Lease. Should Lessee desire to relet the Leased Premises following the expiration
or sooner termination of this Lease, Lessee shall submit an application for lease in
accordance with Airport leasing rules and regulations in effect at that time. Lessee's
application will be reviewed by the BOCC, along with all other applications, if any, in
accordance with then applicable Airport leasing rules and regulations.
ARTICLE XXIV. GOVERNING LAW AND VENUE
This Lease shall be interpreted in accordance with the laws of the State of
Colorado and applicable federal law. Lessee further agrees that should either party
believe it necessary to file suit to interpret or enforce any provisions of this Agreement,
the exclusive venue and jurisdiction for said lawsuit shall be in the Pitkin County,
Colorado District Court, or if federal court jurisdiction would be appropriate, then in the
Federal District Court in Denver.
ARTICLE XXV. HOLDING OVER
If Lessee remains in possession of the Leased Premises after the expiration of
this Lease Agreement without any written renewal thereof, such holding over shall not
be deemed as a renewal or extension of this Lease Agreement but shall create only a
tenancy from month to month which may be terminated at any time by the soee upon
thirty (30) days written notice. Such holding over shall otherwise be upon the same
terms and conditions as set forth in this Lease Agreement; provided, however, that the
monthly rent shall be at a rate equal to One Hundred Percent (100%) of the then current
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monthly rent for similar patio shelter hangar space to the Leased Premises.
ARTICLE XXVI. ENTIRE AGREEMENT
This writing, together with the exhibits attached hereto, is the entire agreement of
the parties regarding the establishment of their leasehold arrangements. No
representations, warranties, inducements or oral agreements previously made between
the parties regarding the establishment of their leasehold arrangements shall continue
unless stated therein. This Lease Agreement shall not be changed or modified, except
in writing, signed by both parties.
DONE AND EXECUTED on the date first above written.
ASPEN/PITKIN COUNTY AIRPORT
LESSEE
BY;Cd.~
Airport Director
~~
By: It ...A ~
Michael Taets
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