No preview available
HomeMy WebLinkAboutC88-115 second amendment to FBO with Vail Beaver Creek Jet Center - Mountain FlyingC88- 115 -17 SECOND AMENDMENT TO FIXED BASE OPERATOR CONCESSION AGREEMENT AND LEASE THIS SECOND AMENDMENT TO FIXED BASE OPERATOR CONCESSION AGREEMENT AND LEASE (the "Second Amendment ") made and entered into this ?; 4 day of (� 6Q2 1988, by and between the County of Eagle, State of Colorado,. a body politic and corporate, acting by and through its Board of County Commissioners ( "County ") and VAIL BEAVER CREEK JET CENTER, INC., a Delaware corporation ( "Operator "). WITNESSETH: A. The County and Mountain Flying Services, Inc., ( "MFS ") entered into a Fixed Base Operator Concession Agreement and Lease dated September 24, 1986 (the "Agreement "), which Agreement is recorded in Book 463, at Page 755 of the Land Title records of Eagle County, Colorado, whereby the County granted to said party a concession to operate as a fixed base operator at the Bagle County Airport, Eagle County, Colorado and leased to said party the property described on Exhibit A hereto for the purpose of enabling said party to fulfill its obligations as a fixed base operator. The right, title and interest of MFS in the_ Agreement has been assigned to Operator. B. The Agreement has been amended and modified by a certain Amendment to Fixed'Base Operator Concession Agreement and Lease dated July 26, 1988 by and between the County and MFS, and further amended by a First Amendment to Fixed Base Operator Concession Agreement and Lease dated July 26, 1988 by and between the County and Operator. C. County and Operator desire to further amend the Agreement as hereafter provided in this Second Amendment. D. The County and Baker Exploration, Inc., ( "Baker ") entered into an Airport Facility Lease dated August 14, 1984 (the "Baker Lease ") whereby the County granted to Baker, in common with others, the right to use the facilities at Eagle County Airport, and leased to Baker the property described on Exhibit B hereto ( "Baker Premises ") for the purposes of constructing and operating a hangar on said property. The right, title and interest of Baker in the Lease has been assigned to Operator. E. County and Operator desire to terminate the Baker Lease and include the Baker Premises as additional leased property under the Agreement as hereinafter provided. NOW, THEREFORE, in consideration of the premises and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the County and Operator agree as follows: 1. As of the date of this Second Amendment, the Baker Lease is hereby terminated. 2. As of the date of this Second Amendment, the Baker Premises is added to and included with the leased premises pur- suant to the Agreement. 3. Operator agrees to pay the County for the use of the Baker Premises, facilities, rights, services, and privileges granted hereunder rentals and charges according to the Agreement. The parties recognize that this parcel is not part of the Subleased Property (as hereinafter defined) and therefore is not subject to any reduction or modification in rent from that as CM provided in the Agreement. 4. The County acknowledges that the Baker Premises is not part of the property ( "Subleased Property ") subleased to the State of Colorado, for the use and benefit of the Colorado Depart- ment, -.. of Military Affairs, Colorado Army National Guard ( "Sublessee") pursuant to that certain sublease dated August 8, 1988, by and between Operator and Sublessee. The County acknow- ledges that the Baker Premises is leased by and to be operated by Operator for the purposes and in accordance with the provisions of the Agreement. 5. Operator acknowledges that the Baker premises is subject to "Minimum Standards and Requirements for the conduct of Commercial Aeronautical Services and Activities at the Eagle County Airport, "and the Baker Premises by itself does not meet the minimum requirements for a Fixed Base Operator. Therefore, the Baker Premises may be used as a Fixed Base.Operaion only in conjunction with property that does meet those requirements. 6. The Agreement, as -herein modified and amended, is ratified and confirmed and in full force and effect. , the parties have .executed this date first written above. COUNTY OF EAGLE, STATE OF COLORADO (COUNTY) By: Its: -3- Its: U u VAIL BEA C EK JET CENTER By: Its: V tor VMOcvl EXHIBIT A Legal Description [to be attached] 9 -4- P �g EXHIBIT B Legal Description [to be attached] -5-