HomeMy WebLinkAboutbocc.ord.034.2006
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING AN AMENDMENT TO
LICENSE AND USE AGREEMENT BETWEEN NGSI-ASPEN, LLC dba ASPEN MERCANTILE
AND
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
Ordinance No. t)"9't' , Series of2006
RECITALS
1. Pitkin County, a Colorado home-rule County, is the owner, sponsor and operator of the
Aspen/Pitkin County Airport (Sardy Field), located in the vicinity of Aspen, Colorado, and has the
authority to regulate commercial activities and to lease and license space at the Airport, pursuant to, inter
alia, 1973 C.R.E. 41-4-101 et seq., 30-35-202, Title 10 of the Pitkin County Code, Article I, Section 8.7
of the Pitkin County Home Rule Charter; and
2, Pitkin County and NGSI-Aspen, LLC dba Aspen Mercantile ("NGSI") entered into a License and
Use Agreement on November I, 2004 for a period offive years. The original Agreement leases space to
NGSI (the "Lessee") for the operation of retail gift shop concession space in the airport terminal.
3. Lessee desires to lease an additional area of approximately 180 square feet in the secured
boarding room of the main terminal to provide retail gift concession services to passengers.
4. Pitkin County finds that the additional space for the retail gift shop concession is in the best
interest of the public, the County, and the Airport.
5. The Amendment is attached hereto as Exhibit A.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado
that the Board of County Commissioners does hereby authorize the Chair to sign on its behalf, the
Amendment to the License and Use Agreement between the Board of County Commissioners of Pitkin
County and NGSI for the purpose of an additional retail gift shop concession space located in the secured
boarding area.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING BY THE BOARD AT ITS
REGULAR MEETING ON THE I" DAY OF NOVEMBER, 2006.
PUBLISHED, INCLUDING NOTICE OF PUBLIC HEARING, IN THE ASPEN TIMES ON
THE 5th DAY OF NOVEMBER, 2006.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON
THE 15th DAY OF NOVEMBER, 2006.
. i.J-./
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
Mi2.t!l#~-
Chair
r
Date: II - I '5 - 06
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
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C omey
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J wood, A.A.~
Director of Aviation
COUNTY MANAGER:
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FIRST AMENDMENT TO LEASE AND USJ!: AGREEMENT
FOR
NGSI-ASPEN, LLC dba ASPEN MERCANTILE
THIS AMENDMENT TO LEASE AND USE AGREEMENT FOR NGSI-ASPEN, LLC
dba ASPEN MERCANTILE (the "Amendment") is made this 15th day of November, 2006 by
and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO (the "County"), a Colorado home-rule County, and NGSI-ASPEN, LLC, dba
Aspen Mercantile (the "Lessee"), as Lessee, Permittee.
WHEREAS, the County is the owner and operator of the AspenlPitkin County Airport,
located in Pitkin County in the vicinity of Aspen, Colorado (the "Airport").
WHEREAS, the County has the authority to operate and manage the Airport, to regulate
commercial activities at the airport, and to lease and license space thereon, pursuant to inter alia,
1973 C.R.E. 41-4-101 et seq., 30-35-202, Title 10 ofthe Pitkin County Code, Article 1, Section
8.7 of the Pitkin County Home Rule Chatter;
WHEREAS, Lessee is engaged in the business of a retail gift shop concession in the
Airport terminal pursuant to a Lease and Use Agreement dated November I, 2004 and expiring
September 30, 2010 (the "Concession Agreement");
WHEREAS, Lessee desires to rent an additional 180 square feet (approximate) in the
secured boarding room of the terminal;
WHEREAS, the County finds that the additional space for the retail gift shop concession
is in the best interest of the public, the County and the Airport;
NOW THEREFORE, the County and the Lessee do mutually undertake and agree to
replace Section B. 1. a. in the Concession Agreement in its entirety with the following new
Section B. 1. a.:
1. Rent. Fees and Cbare:es. The rent, fees and charges for the occupancy and use
of the Premises for the term of this Lease shall be as follows:
a. Base Rent. The Base Rent for the Gift Shops space shall be based on
airline standard annual terminal indoor rental rate. This rental rate will be
reviewed and re-evaluated each year and the new rates will be effective January
1st of each year. The rental rate must be multiplied by the two shops sizes of280
and 300 sq. ft. per location (one in the main terminal area and one in the secured
boarding area, respectively), divided by twelve (12) and paid in advance by the 1 ,t
day of the month in monthly payments.
3
No provision ofthe Concession Agreement, other than that expressly set forth above, are altered,
amended, deleted of in any way modified by this Amendment, and shall remain in full force and
effect during this term and any subsequent extensions.
COUNTY
LESSEE
THE BOARD OF COUNTY COMMISSIONERS NGSI-ASPEN, LLC, dba Aspen Mercantile
OF PITKIN COUNTY, COLORADO
By:
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
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J es wood, A.A.E. "
Director of Aviation
John M. Ely
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