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HomeMy WebLinkAboutbocc.con.186.2006 13. /5" CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: ft I t2 PO 12- T Contact Person: 'TfllcrA I-DV'lH'15 Phone#: Project Name fATIO SH-Gl-~ Contract#: 13' I a;;- t. t27-TS IE STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code7/2005) dJ'I.,.'2( 00-0 DolIllr Amount: $ Budget Line Item ,/OL.f. & 9. 91lf 50. / _Purchase {p .3 qqCj _Employment _Intergovernmental Agreement (Requires BOCC Action) Non Profit _Quasi-Public 'f7D <./~ ~ sL) I gtp - .2. cr"O &> BOCC AGENDA ITEM (BOCC signature required) Check Contract Type: Services Maintenance License/Use ~Lease Construction _Grant Agreements (Requires BOCC Action) _ Change Order/Contract Amendment Other CONTRACT#/~0-~OC 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 Contractor/Business (COmPl~e~e): O/?16:SJ~, L- TD. . Contract Execution Date: 11/01 dO()(P Contract End Date: 10/31 I d)O~ (p Automatic Renewal (Y/N): __ Term year(s) 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 ward/Proceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning! Archiving vi. X~ Authorized Staff Person Date: /O/~I J()0 , . 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. pcjmjlwwlglscannninglcounty contractslnarrative\checklistsheet Revised h)'.Jodi {i//2..nS ;t /r' . . PATIO SHELTER HANGAR LEASE AGREEMENT THIS PATIO SHELTER HANGAR LEASE AGREEMENT, is entered into and effective this I Sf day of November, 2006, by and between the PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Colorado ("BOCC") and Omega Ltd. ("Lessee"). RECITALS A. The BOCC owns and operates Sardy Field, the Aspen/Pitkin County Airport, located in Aspen, Pitkin County, Colorado ("Airport"). B. Lessee, Omega Ltd., 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 BOCC hereby leases to Lessee, and Lessee hereby leases from the BOCC, a parcel of real property on the Airport designated as Patio Hangar Space No.B-15, of Medium size, which is shown on the map to be attached hereto as Exhibit A and incorporated herein by this reference ("the Leased Premises"). The Leased Premises include all rights, privileges and appurtenances herein described as belonging to said space, subject, however, to all restrictions and other encumbrances of record, and subject to the terms of this Agreement. B. 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 BOCC, the Federal Aviation Administration ("FAA") and any other governmental entity having jurisdiction over the Airport, governing his use of said airfield areas and other Airport rights of way, either alone or in conjunction with other authorized users thereof. Furthermore, the BOCC 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, I of 13 \ 1111111111111111 111111 ~~~~~~;~~; : 12 JFlNlCE K VQS CRUDILL PITKIN COUNTY CO R 0.00 0 0.00 /0~ without being liable for any damages that may be caused to Lessee thereby, and without being deemed to have terminated this Agreement as a result thereof. C. BOCC reserves the right to subordinate the provIsIOns of this Lease to the provisions of any future agreement between the BOCC 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 BOCC and the United States Government (or any agency thereof), 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 Leased 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 BOCC, and BOCC 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 BOCC and the United States government, the Leased Premises cannot be relocated at the Airport, the BOCC 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 BOCC 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 prohibitions required by County, state or federal law, may apply to the parking of automobiles. All uses by the Lessee shall be in compliance with the rules and regulations ofthe Airport and with all FAA regulations. The Lessee shall always keep the BOCC 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. B. Lessee shall not use, nor permit others to use, the Leased Premises, and any improvements thereon, to store automobiles or equipment wrrelated 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 any other law, or for any other purpose than Lessee's aeronautical services and activities authorized by Subparagraph A above, unless the BOCC authorizes Lessee, in writing, to use the Leased Premises, and any improvements thereon, for said additional purposes. 2 of 13 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 November 1,2006 (the "commencement date") and shall terminate at midnight on October 31, 2026. The Lessee may terminate the Lease upon sixty (60) days 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. B. Notwithstanding the twenty-year term indicated in Paragraph A of this Article, the BOCC, in its sole discretion and provided it converts and uses the Leased Premises for a purpose other than for Patio Shelters, shall have the right to shorten the lease period from 20 years to as short as 15 years or some period in between. To exercise this right the BOCC shall notify Lessee in writing within 60 days of the end of the 15th year of the lease term of the BOCC's intent to shorten the lease term and put the Leased Premises to another use and shall state what term, if any, beyond the 15 years, remains on the lease. In the event that the BOCC does shorten the lease pursuant to this paragraph, it shall have no obligation to pay Lessee for any unamortized cost of the lease (the Buy Back Option Price referred to on Exhibit C). ARTICLE IV. RENT AND OTHER FEES A. Rent. 1. Installment Pr,_-Paid I.ease: Any amounts listed on Lxhihit H as "Installment Pre-Paid Lease" shall he paid as !()II"ws: 20% or the "Full Down" payment, plus a ree ,,1'5% "I' the unpaid halanee ($42.0000 thousand d"lIars and n" cents ($10,0801) shall be paid al the time orcxeeulion of this lease b) Lessee. Four payments, each 200/0 or thc "Full Down" amount. plus 50.;, "I' the unpaid halance shall be madc on the anniversary date nrthc cxecutl'd lease, ti)r the next liJur years pcr the schedule hlOlv. Datc ofesceuted I.ease 200'0 "I' Full DO\vn plus 50"0 of unpaid halance First /\nniversar) of Lease 200;, "I' Full Down plus 50,;, of unpaid ba lance Second Anniversary or I.ease 2000 "I' Full Down plus 5'!'o of unpaid balancc Third i\nnivcrsary of Lease 200", of Full Down plus 5% of unpaid halauce 3 of 13 111111111111I111111111111111 1111 ~~~~~~~;!~; : 12, J~NJCE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 I. orth !\nni \crsar: of Lease 2001" of' Full Down 2. Monthlv Operation and Maintenance Fee: A monthly O&M fee will be billed to the lessee. The initial monthly fee will be: $135.00 per month and $35 per engine, per month December thru March, for electricity. B. Miscellaneous Other Fees. 1. Lessee shall pay other operations fees, including administrative charges, insurance, operation costs, utilities and maintenance charges and ground rent, common to the patio shelter hangars. Furthermore, the Lessee shall pay separate electrical heating fees for any engine heating done by the Lessee. All such operational fees, and electrical engine heating fees, if any, shall be paid on a quarterly basis for the Leased Premises as established by the BOCC based upon actual expenditures and actual electrical usage for the entirety of the patio shelter-type hangar each year. The operational fees shall be assessed in accordance with the schedule set forth in Exhibit B. The ground rent set forth on Exhibit B shall automatically be increased by the percentage increase in the Consumer Price Index - All Urban Consumers (CPI-U) - U.S. City Average - All Items, during the latest available preceding twelve (12) month period, or four percent (4%), whichever is greater. If the CPI-U ceases to be published by the U.S. Department of Labor, the parties shall agree on a successor index representing the broadest national indicator of consumer inflation. All such increases shall be cumulative. compounded annually; i.e. the percentage shall be applied in each instance against the ground rent fees for the preceding Lease Year. All other expenses and fees shall be increased by the BOCC's actual expenditures therefore, and notice of any increase shall be given to the Lessee on or before January I st of each year of the Lease Term. The initial operational fees, which shall be valid until January 1,2007, are set forth in Exhibit B. C. Payment of Fees. 1. Payment of the initial prepaid lease and prepaid installment lease payments shall be made payable to "Pitkin County" and delivered to the county at its administrative offices located in the Airport's terminal building. Monthly rent and other periodic charges shall be billed by and paid to Trajen/ Atlantic Aviation. Trajen/ Atlantic Aviation will forward collected funds to the county. D. 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, shall accrue interest at the rate of one and one-half percent (IY,%) 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. 4 of 13 \ \11 1\11\\\11\\\\ 1111\\11\1\ 11I\ 11\\ 11\ \11 ~~~~~~;~~;: 12 JANICE K VOS CFlUDILL PITKIN COUNTY CO R 0.00 D 0.00 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 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 is part ofthe 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, his/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 BOCC's satisfaction as to the quality of repair or, if not timely or satisfactorily made by Lessee, then by the BOCC at Lessee's expense. ARTICLE VIII. DEFAULT AND REMEDIES A. Events of Default. Any of the following shall constitute default by Lessee: I. Failure to pay any lease payment, quarterly 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; 5 of 13 III 11\\\11 \ 1111\\111\\ 11I\ 11111 III ~~~~~~;~~;: 12 JANICE K vas CAUDILL PITKIN COUNTY co R 0.00 0 0.00 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 property if, within sixty (60) days after commencement of any such proceedings involving Lessee, such petition shall not have been dismissed. B. Remedies Upon Default. Upon the occurrence of any of the events of default set forth in Subparagraph A above, the BOCC may exercise anyone or more of the following remedies. These remedies shall be cumulative and not alternative: I. The BOCC may sue for specific performance; 2. The BOCC may sue for recovery of all damages incurred by the BOCC, including incidental damages, consequential damages, if any, and reasonable attorneys' fees; 3. The BOCC may terminate this Lease Agreement and, at the option of the BOCC, 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 BOCC 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. In the event the BOCC terminates this lease the BOCC shall have no obligation to pay Lessee for any unamortized cost of the lease (the Buy Back Option Price referred to on Exhibit C). 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, BOCC 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 that the BOCC, in its sole discretion, deems appropriate without 6 of 13 \ 1111 III 111111111I 111111 ~~~~~~~;~~; : 121 JANICE K vas CAUDILL. PITKIN COUNTY CO R 0,00 0 0.00 being deemed guilty of any trespass, eviction, or forcible entry and detainer by so doing. In such case, the BOCC 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 BOCC deems appropriate. The BOCC 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 BOCC, or which the BOCC, in its sole discretion, does not feel to be in the best interests of the Airport; nor shall the BOCC 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 BOCC to make any reasonable repairs or renovations necessary to relet the Leased Premises, or any improvements thereon, on Lessee's behalf. Assuming BOCC attempts to relet the Leased Premises, in good faith, whether or not BOCC 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 BOCC for all costs and expenses the BOCC incurs in reletting or attempting to relet the Leased Premises, including reasonable repair and renovation costs. Finally, if, as a result of such reletting, BOCC becomes entitled to receive excess rentals or other benefits over and above what BOCC would have been entitled to receive under this Lease Agreement, BOCC shall be entitled to retain all such surplus rentals and other benefits, and Lessee shall have no rights or interest therein. 5. The BOCC may require that the entire balance of the unpaid lease be paid within 30 days in order to satisfy the terms of this lease and that the installment plan set forth in 'If IV.B be terminated. 6. The BOCC may utilize any other remedy provided by law or equity as a result of any events of default. C. 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 BOCC 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 BOCC and other 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, 7 of 13 530996 Page: 7 of 15 o 0.00 . 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 C.F.R. Parts 107 and 108, which are specifically incorporated into 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. B. Should Lessee, its officers, agents, employees, customers, guests, invitees, subtenants, assigns, contractors or subcontractors violate any local, state or federal law, rule or regulation applicable to the Airport, and should said violation result in a damage award, citation or fine against the BOCC, then Lessee shall fully reimburse the BOCC for said damage award, citation or fine and for all costs and expenses, including reasonable attorneys' fees, incurred by BOCC in defending against or satisfying the award, citation or fine. ARTICLE X. INSPECTION At any time, the BOCC may inspect the Leased Premises, and any improvements, fixtures or equipment thereon. ARTICLE XI. OVIET ENJOYMENT The BOCC 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 BOCC, subject to the BOCC's various rights contained elsewhere in this Agreement. ARTICLE XII. REPRESENTATIONS The BOCC 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 8 of 13 111111111111111I111111 ~~~7~~~;!~; : 121 Ji=lNICE K vas CAUDILL PITKIN COUNTY co R 0.00 0 0.00 Should Lessee breach any of its obligations hereunder, the BOCC 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 BOCC'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 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 AspenlPitkin County Airport 0233 East Airport Road Aspen, CO 81611 All notices to Lessee shall be mailed to: Omega Ltd. Attn: Bruce Rohde 9802 Nicholas St. Suite 115 Omaha, NE 68114 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 BOCC 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. 9 of 13 111111111I111111111111 ~~~~~~;!~;: 121 JFlNICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 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 bylaw. 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 ofthe parties hereto. 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- breaching 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 for more than one (l) year, where the amount of the consideration paid to the Lessee is greater than the portion of the then unamortized cost of the Lease attributable to that period, without first complying with the terms hereof. In the event that the Lessee desires to assign the Lease or to sublease the Leased Premises for more than one (I) year, or if the consideration to be received by the Lessee for the lesser period is greater than the difference between the Buy Back Option Price at the end of the assignment or sublease period and that Buy Back Option Price at the beginning ofthe assignment or sublease period, both as shown on Exhibit C attached hereto, plus all operations fees and other amounts due hereunder for that period, and Lessee has received a bona fide offer to do either, it shall first give written notice thereof to the BOCC, along with a copy of the offer to sublease or assume the Lease, as the case may be. The BOCC shall then have thirty (30) days to notify the Lessee of its intention to take over the Lease by paying to the Lessee the Buy Back Option Price at the beginning of the applicable period as determined from Exhibit C attached hereto, and by paying the Lessee that Buy Back Option Price within sixty (60) days of said notice. Should the BOCC fail to either notify the Lessee of its intention to exercise its rights or once having done so, fail to pay all amounts due, the Lessee shall be free to consummate the assignment or sublease, as the case may be, in accordance with the offer which the BOCC has been notified about. No such assignment or sublease shall be valid unless the assignee or sublessee, as the case may be, agrees to be bound by all of the terms and conditions hereof. If an assignment is made, the Lessee shall be released from all further liability hereunder for future obligations. All subsequent assignors 10 of 13 1111111111111111111111111111111111111111111111111111 ~~~~~:0~f t5 JRNICE K vas CI=IUDILL PITKIN COUNTY CO R 0 00 S 03.121 . 00.00 and assignees shall be subject to this Article as if they were the original lessee/assignor. The provisions hereof shall not apply to any assignment between two (2) current tenants in the patio shelter, who have the same lease terms, who desire to exchange their respective Leased Premises, provided that the BOCC is given written notification of the exchange prior to the consummation thereof. B. There shall be no sublease for a period of less than one (I) week except for any sub-lease with Aspen Base Operation (or any future FBO) for the parking of transient aircraft. Any subleases made pursuant to this sub-paragraph shall be limited to no more than four (4) times in anyone calendar year. 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 BOCC possession of the Leased Premises, together with any improvements, fixtures or personal property of the BOCC 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 W ASTE/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 any other environmental pollution of any kind caused by or arising out of Lessee's operations in the Leased Premises, in accordance with applicable local, state and federal laws and regulations, and it shall hold the BOCC 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. 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 Ilofl3 530996 Page: 11 of 15 o 0.00 BOCC, 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 acceptance of such condenming 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 shal1 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 economical1y viable manner, then this Lease Agreement shall be deemed terminated at the end of a period of sixty (60) days fol1owing 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 Other than Lessee's right of first refusal (if applicable) pursuant to Article IIIB above, 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. 12 of 13 1111111111111111111I II ~~~~~!0~f 0;5121 JFlNICE K vaS CFlUDILL PITKIN COUNTY co R 0.00 D 0.00 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 BOCC 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 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. ASPENIPITKIN COUNTY AIRPORT LESSEE .-- . <-- ..~-:::::> 2 ~;:;;/ .~~. D ;,;: r of Aviation By: -------- --------------- Omega Ltd. Bruce Rohde By: 13 of 13 111111111111111I111111 ~~~~~~0~f 0;~ 121 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0,00 ,-. , :r mi( MeA (JUE i ' , j \ ! i JOO\\~ -=---_~ ___lr_~_.__._...___ :..--.. -' --. : .-.....-... ==- -------=.--I--.--.-=L..--- -----,---,--.....,- \" ' . i I I. , '_. I _ _. ._n -- --- . -'-'T'-'-'--'-f-'-'-'-'+-'-:-'--'-,'-'--'-'-' -"---'-"1'-'- ---'- I- \ Ii" I ~oo'LT. 'I I I , I ..~ TOWER -, 1 i I ! i 700' LT. 8 ~ . ~ . g g ~ . ~ . ~ EXHIBIT "A" (0 530996 P~ge: 14 of 15 D 0.00 Pro osed Ca ital Cost Coun Bu Back Amortization Rate Lease Term Years Shelter Size I Proposed Qty Initial Indicated Si nUs Avera e/49 Units Proposed Weighting/Shelter Total Wei hVShelter Size Ca ital CosUPricin Monthly 1/2 Down Full Down Cost per Unit Total for Units This Size Variable Costs Ground Rent O&M and Admin. $ Sub-Total Variable Cost $ 2006 Patio Shelter Analysis/Input Sheet 4% Increase In Ground Rent Total A16, A17, 816, Al-A15, 81 817 815 C1-C9 Small Medium Lar e 491 5 14 30 2.041% 100% $2,204,000 41 361 4 1 0 11 0 18 Cl0-C11 C12-C15 C16-C17 X Lar e XX Lar e XXX Lar e 41 41 III 21 o 0 0 0 1 1 1 0 3 3 4 2 Percenta e Breakdown of Ca ital/O&M and Other Costs 1.64% 6.57% 1.89% 56.77% 2.09% 8.37% $46,000 $184.000 6$,~ $ 104 $ 114 20,080 $ 32 $ 35 85,763 $37,000 $42,000 $148,000 $1,260,000 2.29% 9.16% 2.59% 12.95% 3.09% 6.18% $50,000 $200,000 $$6,000 $280.000 6,000 $132,000 142 $ 43 $ 169 52 OJ ~ "' .. ~'" ..60s to 0 IDS S' m ansS m ....~o IS) ,,~ ('I) 0" ..... . ~ ..., D. ~ o u >- ~ z => o u z '" ~ "- .J cl " => << u '" o > '" w u z << ~