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HomeMy WebLinkAboutC04-033 Vail Valley Jet Center c..u if- -~ 3 --1c ~~Nv EIGHTH AMENDMENT TO FIXED BASED OPERATOR CONCESSION AND LEASE AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND V AIL V ALLEY JET CENTER, LLC This EIGHTH AMENDMENT TO FIXED BASE OPERATOR CONCESSION . . tJl'ltt(t ,AQREfMENT AND LEASE (" Eighth Amendment") is made and entered into this 1~~daY Si't ' bf~st, 200J;by and between the County of Eagle, State of Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ("County") and Vail Valley Jet Center, LLC ("VVJC"), a Colorado limited liability company. RECITALS The circumstances surrounding the making of this Eighth Amendment are as follows: A. The County owns the Eagle County Regional Airport ("Airport"). B. The County and Howard Air Services, Inc. ("Howard") entered into a Fixed Base Operator Concession Agreement and Lease dated effective August 1, 1986 ("Howard Agreement") regarding the operation of a fixed base operator service at the Eagle County Regional Airport ("Airport"). The Howard Agreement was recorded in the official records of the County Clerk & Recorder of Eagle County at Book 463, Page 756. C. The Howard Agreement was amended by the following: 1) First Addendum To Fixed Base Operator Concessions Agreement and Lease Agreement, dated August 4, 1986, also recorded in the official records of the County Clerk & Recorder of Eagle County at Book 463, Page 756; 2) Supplemental Agreement Regarding Offsetting Payments dated March 16, 1987; :l) Lease Addendum and Modification, dated June 10, 1987, recorded in the official records of the County Clerk & Recorder of Eagle County at Book 464, Page 155; and 4) Second Amendment and Modification To Fixed Base Operator Concession Agreement and Lease, dated June 29, 1987. D. The Howard Agreement, as amended as shown above ("VBCJC Agreement"), was assigned to V ail Beaver Creek Jet Center, Inc., which assignment was approved by the County by the Estoppel Certificate And Consent dated July 26, 1988. 11111111111111111 I III II 111111 ~~~fl~~. ,43. Teak J Simonton Eagle, CO 204 R 0.00 D 0.00 E. The VBCJC Agreement was amended by the following: 1) First Amendment To Fixed Base Operator Concession Agreement And Lease, dated July 26, 1988, recorded in the official records of the County Clerk & Recorder of Eagle County at Book 488, Page 549; 2) Third Amendment To Fixed Base Operator Concession Agreement and Lease, dated November 15, 1988; and 3) Fourth Amendment To Fixed Base Operator Concession Agreement and Lease dated effective November 1, 1990. F. Vail Beaver Creek Jet Center, Inc. assigned the VBCJC Agreement, as amended as described hereinabove, to Fixed Base Operators, Inc. dba Vail/Beaver Creek Jet Center ("VBCJC"), a Delaware corporation, the County's consent to which assignment is memorialized in the Estoppel Certificate and Consent, dated as of August 15, 1994. G. The VBCJC Agreement was amended by the Fifth Amendment to the Fixed Base Operator Concession Agreement and Lease dated October 10, 1995. H. The VBCJC Agreement was assigned to Vail Valley Jet Center, LLC (''VVJC'') effective January 20, 1998, and was amended by the Sixth Amendment To Fixed Based Operator Concession and Lease Agreement effective the same date. I. The VVJC, Eagle County and the Eagle County Air Terminal Corporation then further amended the Agreement by entering into an Agreement to Purchase Right to Operate Commercial Terminal and Seventh Amendment to Concession Agreement and Lease dated September 25, 2000. J. The Fixed Base Operator Concession Agreement and Lease dated effective August 1, 1986, as amended, supplemented or in any nature modified by the foregoing, is hereinafter referred to as the "Agreement." A Pursuant to the Agreement, VVJC operates as a fixed base operator serving the needs of general aviation users (the "FBO"). L. The parties to this Eighth Amendment wish to add certain land to the Agreement and make other changes to the Agreement. 1111111111111I11111111 ~g~rl t... Teak J Simonton Eagle, CO 204 R 0.00 D 0.00 AGREEMENT THEREFORE, in consideration ofthe mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the VVJC and County agree as follows: 1. Pursuant to the terms of Paragraph (B)(2) ofthe Agreement to Purchase Right to Operate a Commercial Terminal and the Seventh Amendment to Concession Agreement and Lease, the VVJC conveyed (subject to the second restated ground lease between County and ECAT)to the Eagle County Air Terminal Corporation certain parking consisting of33,045 square feet. County hereby leases to VVJC, on the terms and conditions of the Agreement applicable to lease property except as otherwise set forth below, the property referred to herein as "Parking Property" described on Exhibit "A" attached hereto and incorporated herein and consisting of33,045 square feet. 2. Article Eleven, "General Operating Provisions" ofthe Agreement is hereby amended, by adding the following: "G. The Parking Property shall be used solely for parking for VVJC's customers and employees. VVJC acknowledges that County plans to redesign traffic routing and parking at the Airport. VVJC will, at its own expense, layout, equip, landscape and otherwise improve the Parking Property to prevent non-fixed base operation use of the property and to cause the property to be used in coordination with, as an integral part of, the general airport traffic and parking plans, and to present an attractive appearance. Without limiting the foregoing, the parties anticipate the necessity for VVJC to gate or impose other control devices or methods on the property, and to install berming and/or other landscaping. There will be no storage of vehicles, equipment, boats, trailers or other things on the Parking Property at any time; VVJC will at its own expense have stored vehicles and other things removed from the Airport without demand by the County, but immediately upon its demand if one is made. For purposes of this prohibition, vehicles not being used at least monthly are presumed to be "stored". VVJC further agrees to at all times maintain and keep the Parking Property in good repair and free of weeds and trash." 3. The leased premises identified in Article Three ofthe Agreement and any amendments thereto and rent specified in paragraph D of Article Ten of the Agreement and any amendments thereto, are amended to add the Parking Property. Upon execution of this Eighth Amendment the total square footage under lease shall be and the base total annual area use rent shall be calculated as shown on Exhibit "B" attached hereto. 4. In the event ofa conflict between any provision of this Eighth Amendment and the provisions ofthe Agreement, the provisions of this Eighth Amendment shall control. 5. Except as expressly amended by the terms ofthis Eighth Amendment, all terms of the AGREEMENT are and shall remain in full force and effect. 1111111111111I11111I II ~~~?1:t'3. Teak J Simonton Eagle, CO 204 R 0.00 D 0.00 . , . IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT effective as of the date first written above. VAIL V ALLEY JET CENTER LLC, a Colorado limited liability company ~__C0~ By: }' ~-- : James. en, Chairman and CEO Attest: By: ~ Lt sa bt-)A" {)J ?rd tv- vi Secretary-Treasurer ATTEST: Teak Simonton Clerk to the Board IllllllIlIlllllIlllIll ~~~~1~ t.3. Teak J Simonton Eagle, CO 204 R 0.00 D 0.00 , . " PARKING LOT. (8JH. AMMENDMENJ) LEGAL DESCRIPTION (V.V~J.C.) locoted within the Eagle County Airport property, 57, Section 3, l5S, RBSW, of the 6th P.M., Eogle and being more porticularly described as follows: t.erline station 0+00 for Runwoy 7/25; Thence lne of sold Runwoy, S81'56'58"W, 1582.37 feet; Thence ,nwoy, .S08'03'02"E, 845.00 feet; 1nence .00 feet; Thence S08'03'02"E, 178.61 feet; .54 feet; Thence S08"03'02"E, 40~35 feet; Thence .56 feet; Thence S08"02'55"E, 199.04 feet; Thence ,98 feet to the True Point of Beginning: Thence 00 feet; Thence N 81'56'58"E, 375.51 feet; Thence '0 feet; Thence S81'56'58"W, 375.51 feet; to the l!nD.in.9.. Contolnlng' 33,045 S.F. more or less, Ings for this descrletion assumes the Centerline of 5 to beor S81'56'58 W. -- -- W E- S N -- - ,cr ~P,",AL i - -~ ------:.:.------- --- -- ---- --- -- --- --- --- 1"=200' . LEGEND DENOTES A BUILDING. !11~ :Ll~ PARCEL ADDED TO LEASE. a: CO) ." 19 U)IIO....S .-....,,19 ~ os . .,.. 19 19 ~IDNC U) .. ;:; .,.. QI 19 ~ 01' _ lG N lIOW 0. 19 19 19 19 It: 33,045 S.F. P. 1. S. DAlE: EAGLE COUNTY ENGINEERING DEPT. 9/26/2000 1111111111111I Teak J Simonton Eagle, CO mAlIN BY- Q/Er:KED B'r. M.G. mA_ NO.: AIR veC20B sHtET . '2 a:' 6 b'C':.." ~ -__.,~" = . ..,;:a. JHN lal::l 'la4 ~: 11::1 t-~ VHIL VHLLCY J~ I L.I ~ '::f(!a :>d4 -(':M:t I U .=idl::ll::lb':f.:;l /'"'.!ad/W .. ,~I.-"- ... , " EXHIBIT "13" TO EIGHTH AMENDMENT The square fuotage and the rent set forth in paragraph 3 of this Eighth Amendment is determined as follows: I. Properties governed by the Howard Air Services. Inc. Fixed Base Operator Concession Agreement and Lease dated eftective August 1. 1986. as amended. modified or ~lemented up througb the Eighth Amendment: A Terminal, Hangar 2 and Hangar 4 property: 512,600 sa.ft.@O.l2Ssa.footlvcar, base month 9/86 until "Closing DateD per the Seventh Amendment; 479,555 sq.ft., at the same rental rate, thereafter (representing the deletion of the parking lot to be sold to ECA T per the Agreement to Purchase Right to Operate A Commercial Terminal and Seventh Amendment to Concession Agreement and Lease.) B. Baggage cDaim property: 9,423 sq.ft @SO.04/ sq.footlyear, base month 9/86 until the "Closing Date" per the Seventh Amendment; and @ SO.l25/sqlfootJyear. base month 9/86, thereafter C. Eastern Extension Parcel added by the Seventh Amendment: 281,764 sq. ft. @SO.12S/sq foot/year, base month 9/86. beginning effective May 1,2001; rate reduction to $O.0625/sq.foot /year, base month 9/86, until ramp space along the northern. border of the Extension Parcel is available for use by VVJC. D. Parking Property 33,045 sq.ft. @$O.l2S/sq.footlyear, base month 9/86, beginning effective October 1~ 2000. II Properties Qovemed by the Mountain Flying Services.. Inc. Fixed Ba.Cle Operator Agreement and Lease dated S~tember 24. 1986. as amended. modified or supplemented up through the date of the Eighth Amendment to the Howard Air Services Inc. Agreement: E. Hangar 3 aIkIa North Maintenance Hangar Property: 18,920 sq.ft. @ SO.125/sq/footlyear. base month 9/86 JLlllJJ1U U1IUIIJ JI.. ~~~~t~.,... f)~ @ .~. '"" :"_~_~-~,,:;-,,,,:':::-~-':.-';;_~,,__;;;.~;.~"d:a'.L';"~ ,_' ;;..c.;;.:..<,._-...;..';;;'_.'::-- _~~ -==_.....~-..;.;; ___ -~.~__'.:.-A~-_,,-:O".. _-::":=~~,-,,,,",,----,,~-"'-_ _~_ -"_' __o_-"".>C"~~_ ..-_"O.',,--===~~-=-~-=~=-~_ --"'=--=-=-~~.~-- --- ~ .,- ~~''-~ -~.~-. -- -'. JAN 08 ' 04 09: 19 FR VAl L VALLEY JET CTR 970 524 7909 TO 3288699 P.03/03 , . . '. . . . I' F. Colorado National GQard Property: lS0~203 sq. ft. at $0 during National Guard Sublease G. Fuel Farm Property: 2,400 sq.ft. @ $0.12S/sq. ft./year, base month 9/86 ok- @ 1111111111111I11111111 ~~~rlt'3. Teak J Simonton Eagle, CO 204 R 0.00 D 0.00