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TEfIS AGItE�ML•'NT, made and entered into this,�� day of .
� �f• , 19?'9, by and between Tflr BOARD OP CODNTY CONIMISSION�RS ' �
, OF PITKIN COUNTY, COLORADO, a body corporate and politic, of • ��
'the State of Colorado (hereinafter referred to as the "COUnty") , �
Party of the I'irst Part, and C �
. _� .f7 �n - ��1��� r#-- - . -
•(hereinaft.er referred to as the`"Concessionaire"), Party of is
the Second Part;
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' . . I�
, W I T N E S S E T H: ' `
• WHEREAS, the County owns and operates the Pitkin County . � . �
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. Airport, also known as Sardy Fie1d (hereinafter referred to as i
the "AirF�rt") and the terminal building complex consisting I�
� o£ three activity pods (herei»after referred to as the "Terminal �
�
� Building") and does, at and in the center pod of the Terminal �
. � Buildinq, maintain various spaces for the use o£ the public �
� � (hereinafter referred to as "PUblic Area") and from time to �
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• time does and shall lease or permit the use of parts of the ;_
� Public Area (and areas adjacent thereto designed for the use
� of airlines sexvicing the County of Pitkin} to varzous � '�
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individuals, firms or corporations (hereinafter referred to as
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"Tenants" and which space within the Pub].ic Area and two pods I �;�
adjacent ther�to is referred to as "Ten�nt Space") ; and ' . `•_
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WHEREAS, the County desires to, from time to time, permit `�
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� •a Concessionazre to operate specifie8 coin-operated food, a
tobacco products and bevera e machines in desi nated a � '�
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R� ofthe Public Area of the Terminal Building; and �s
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; ;,t WHERE:AS, the Concessionai.re is readg, willing and able
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�:; to. install and maintain such coin-operated vending machines a
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s� in accordance with the standards and conditions hereinafter j=
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� � set out: ' '�
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� NOW, THERTIFOI?�, �or and in conszderation of the premises
and of the mutual covenants and agreements hereinaEter.contained' � �,
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and other valuable consideration, the parties hereto agree as
follows: .
1. Concession Permitted. The County grants and permits ,
uato the Concessionaire for the term hereof an exclusive con-
cession to install and maintain in the Public Areas of the new
and old terminal buildings at the Airport coin-operated vending
machines dispensing non-alcoholic hot and cold drinks, pastries,
candy and other food items, all as may be from time to time
�� authorized and designated by the Airport Manager or his
authorized representative, which authorization of machines and
? designation of place of installation within the Public Areas i
! . may be granted or denied in the sole discretion of the said .
� Airport Manager.
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2. Au}horizing and Designating Initial Installations.
(a) The Concessionaire initially agrees to install .
and maintain and the County initially agrees to permit the
installation of, at places within the said Public Areas designated
by the Airport Manager or his authorized representative, the
following coin-operated vending machines:
1 - Coffee Machine
_ � ' 1 - Candy Machine �`
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� 2 - Soft Drink Machines �';
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1 - Cigarette Machine
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1 - Dollar Bill Changer � 'V
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The Concessionaire may, during the term hereof,
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install in the said Public Areas at places agreed to and
� designated in writing by the Airport Manager or his authorized '
representative any other coin-operated vending machine dis-
pensing food and beverage products as may k�e specifically
�e authorized in the sole discretion of the Airport Manager or
�,4 his authorized representative.'
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s: (b) The Concessionaire shall not install coin-
�� operated vending machines dispensing food, beverage or •
��: tobacco products in Tenant Spaces or any other place through- •
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out the 1lirport whether within thc Tcrmi.nal. Buildings oxol-her
places, except as may. bc permi.L-ted undcr this Ac�recment without � .
the written approval of the Airport Manager. .
3. Term. The term of this Agreement shall commence on
,- the•lst day of �!L �Ll�i Q� . 1979, and shall end on the 31st
� day of �i , 19 81 •
4. Removal. In the event the County sho�ld wish to have
' removed any particular machine or machines, the Concessionaire
shall, upon written notice by the Airport Manager or his authorized
representative, remove the machine or machines within ten (10)
days of said notice by the Airport Manager or his authorized
representative.
In the event the County should wish to have a machine
or machines removed from the Pub�ic Area and the Coacessionaire
• does not wish to remove the said machine or machines at the County's �
request, it shall nonetheless be incumbent upon'the Concessionaire
to remove the said machine or machines within ten (10) days of �
- being notified to do so by the Airport Manager.
In any of the eventualities mentioned above, or in
� an, other case of removal of ,a machine or machines by the Con- i
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cessionaire which shall only be with the permission of the ;
Airport Manager (which may be granted or withheld in his sole �
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discretion) , it is understood and agreed by the Concessionaire �
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� that, so the County may keep accurate records of the machines
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in operation at tYie Airport at any one time, the Concessionaire
will give to the Airport Manager or his authorized representative
written notice of the machine or machines removed and from
what locations they were removed, together with the performance �
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�+ record of that machine.
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�r: 5. Character of Installation. All machines and
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au.eiliary equipment as may be required sha12 be furnished by
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Fthe Concessionaire. .
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, At the time of installation,-the machines'and , ,
equipment so installed sha1L be new or newl}� reconditioned
and of the number, type, kind, size a»d color authorized
and consented to as heretofore set out.
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. Food.and beveragc machines shall be sel,f-contained
with no possibility of• s�illage or leakagc thcreL-rom.. Color •
� and finish material shall bc selected by the nirport Manager •
from colors and�finishes available from the machine manu- '+
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facturer. Multiple machines at a location will be placed � , �
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as to form a solid bank of machines or in such a�manner as �
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to conform to the requirements of the County's Airport Manager. �
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As the number and type of machines at any place or ;
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general location witHin the premises may require, the Con-
� cessionaire shall provide and install automatic change-making
' machines and shall service these in the manner as required
for the vending machines.
Any construction requirAd in installation and/or •
enclosing the machines, or any connection or disconnection to ' �
� electrical, water or sewer outlets shall, at the point of
connection, be done by the Concessionaire in .a workmanlike
manner. Times of day and entrances and exits for installation
. or removal shall be specified by the Airport Manager. f
• 6. Upkeep of Machines and Area. It shall be the respon- �
� sibility of the Concessiona_::e to keep the inside and outside �
. . �
of each machine hygienically clean and neat in appearance and �
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at proper temperature, as the highest standard o£ law and I
— practice in the vending industry may require for the product � .
vended. . '
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Specialized receptables, other auxiliary equipmeat �
and trash receptacles provided at the locationsof machines
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shall be kept clean, odor free and in gobd repair. The '
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, County shall, at each location.where the Concessionaire has �
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located a machine or machines, keep the area surrounding the � �
machine or machines free of waste paper and other debris and �
� • • �
�';; clear of spilled or spattered food stuffs on floors and , , �
, walls. Such service shall include the regular emptying of
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" trash receptacles provided at the location. . � , `•
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. The Concessionairc is not responsible to providc • _ ' :
, gencral.powcr, light and }�cat to thc rtachines or ariy•portion of �• '
the Public Arca where thc said installations are made, and . � , !°
, the same shall be th� responsibility of the County, at its
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expense. � ' �_
The Concessionaire agrees that it shall' promptly , ' '�
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repair any broken or non-functioning machine and, if this • � c__
cannot be readily .accomplished on the premises, to remove �f
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and/or replace any broken or badly damaged machine, and repla,ce �
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the same with a similar machine.functioning in good order. �
! The Concessionaire further agrees that there will ;
� at all times be available in the Aspen, Colorado area service : '
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personnel who are completely qual`.fied to service and repair .i
any of the machines that the Concessionaire installs._ The , I
personnel shall be available at the Airport to service or �
repair a machine within twelve (12) hours of the time they
are requested, unless they must perform other service calls
� • first or the lateness of hour might require the service be .�
� � performed the following morning, in which event the servicing �
. . of the machine shall be done as requested as soon as it is
practical. At the location of each machine or machines, the
Concessionaire shall post a notice giving a telephone number �
where the service personnel may be reached or a message left -- , i `
for them twenty-four (24) hours per day. . l
7. Character of Service. The Concessionaire agrees `
that it shall regularly service all of the machines where �
they are installed so that they will at all times be properly �
• stocked, cleaned and in condition for us�. Th2y shall be � �
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so stocked and ready for use .at all times when the terminal y
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areas shall be open to tYre public. . �
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;r All food and drink products vended shall be prepared • , 4
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by the Coneessiopaire or under conditions with which the
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ConCessionaire is satisfied, but in any case•the Concessionair•e , �
agrees to stock the niachines and permit only such items as are '
made from the best quality of ingredicnts that are Eresh,
whoTesomc and �roperly packa9cd. �;
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The Concessionaire shall service each machine as
freyucntly as necded to assurc that thc 'prod'ucts sold �are
fresh and shall rcmo�fc and disF�ose of any stale; unappeti�irig • � •
-`+ or unwholesome products. The Aizport Manager may specify the
time of day convenient to it for regular servicing and the
entrances and exits. for service personnel. .
The Concessionaire shall, at least as often as each '�
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'i machine is serviced, clean. the machine and auxiliary equipment
and clear the same of waste, spilZed and spattered matter. '
� Such pickup, cleaning and qeneral cleaninq service, as may be ��
reasonably required in accorc3ance with Paragraph 6 above, shall �
be performed more often or at specific times if so directed by �
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� the Airport Manager oz his authorized representative. �
- The Conces,sionaire agree:• that•aZl prices charged
1 for the products vended shall be �fair and reasonable and N
comparable to prices charged for similar services �in the � �
City of Aspen and County of Pitkin Colorado. � ��
` 8. Compensatiori. The Concessionaire covenants and �
agrees to pay monthly to the County, and the County hereby • �j
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. � reserves unto itself, as compensation hereunder for the . j
concession hereiri permitted, ten (10�).peroent of all."gross (
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revenue" derived from all of the Concessionaire's annual �I
operations of machines or other business located in the Public
• Area wvered under this Agreement. , i
Tt is understood and agreed by the Concessionaire i
' that title to the percentage of gross revenue reserved to the �
County vests in the County at the time it is collected from ;
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the machine or machines or from whatever source by the ;
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Concessionaire. ' • '
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, The Concessionaire agrees to furnish to the County ;
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rr Finance Officer by the 15 th day of the second and each succeeding �
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` � month during, and the next month after expiration of this Agree- • j
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4 r.��nt, a verified statemcat of its gross revenue for the preceding i
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month fxom all machines or from whatever sourc� 'at the..premises , "
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. . covr_red undcr this Agrcement, and said statement,shall, as i;
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• directecl by the Airport �Manaqer or•his authorized� representative, �'
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be broY,en down as to each typc of machine and products vended •
'�� at each place. • ?
• The Concessionaire agrees payment of tfie County's �
percentage shall be made without notice at the Office of the
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Pitkin County Treasurer, Pitkin County Courthouse, 506 East
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Main Street, Aspen, Colozado 81611, on or before the i5th
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day of the second and each succeeding month during, and the ��
1 next month after expiration of the term hereof. ;�
. 13
As used herein, the term "gross revenue" shall mean • j�
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all.receipts from sales or service or doing business in, on and ';
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from the hereinabove described Public Area, except sales tax . +
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. collected by the Concessionaire. It shall include all cash -
. transactions on all machines instal.led except those incurred � .
by the Concessionaire in the checking or repair of the machine, {
and the changing of money. !
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9. Books of Account and Auditing. Concessionaize
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' agrees to keep within the County of Pitkin accurate records �
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. • of the revenue derived £ron_ each and every machine kept•and
operated in the Public Area of the Pitkin County Air Terminal. ,
Concessionaire agrees that it will maintain such records
as follows: P11 machines installed shall be fitted with a
tamperproof automatic countinq device. All such counters � i
. . shall be read and the data there£rom reco'rd2d each time the i
machines are restocked, but not less than once each successive �
seven (7) day period during the term hereof, Information �
kept by the Concessionaire shall show the date and.time of i
each service call and restockinq, the number of sales as I
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reflected by the automatic counting device located on the �
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machine being serviced and/or restocked, and the amount of . �
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`F cash collected froin the said machine. The information shall ' �
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`- be kept on a continuing form approved by the County •whicH will . • , ;
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allow continuing monitoring and analysis of revenucs and
• . � performancc o£�cach�macltinc. ' � •� _ . '
' . ConGessionairc �urthcr agrec's to kecp within the ,' �
County of Pitkin true and complete records and accounts _ . � •
" ' of aYl gross revenue•and business transacted in such manner
" as to separate his'�business conducted at the Airport Terminals '
� . .
under this Agreement from a1Z other business of the Conces- .
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sionaire agrees to establish and maintain under accepted �
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accounting principles such a system of booY.keeping as is $
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satisfactory to the County Finance Officer. Concessionaire • �
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agrees that it will keep and preserve for at least three (3) I
. years alI such records and other evidence of gross revenue
and business transacted for such period. The County Finance I
Offiaer and Airport Manager and t;:eir respective authorized � �
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• representatives shall have the right at any reasonable ti.me ;
and from time ta time to audit the individual machine records, •
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all of the books of account, bank statements, documents,
� records, returns, papers and files .of Concessionaire re7.ating
to the gross revenue and business transacted, and the Con- . �
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cessionaire, on request by either, sha11 make all such matters
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available £or such examination. Concessionaire further agrees
that it wi1l, i£ called upon to do so, be available for 1
inspection of machines and cash boxes and actual counting of I
merchandise and cash on hand in such machines at any time .
during nozmal working hours upon one-half day's notice to .
do so. If the County shall make or have an audit made for �
any year and the gross zevenue and business transacted shown �
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by the Concessionaire's statement for such year should be ;
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� found to be understated by more than ona percent (1$) , the ;
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Concessionaire shall pay to •the County the reasonable cost `
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; of such audit. The County's right to have such an audit �
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-� made with respect to any year shall expire one (1) year � '
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a` after the end of such .year. '
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(s Conces>ionaire agrees that the Counl•y I'inance OfFicer
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� • •and nirport Manac�er, and thcir,authorized re�r.c::;en�at3.,ve�, may • . • .
,� irispecL• any :sales tax return or report, and accompanying schcdules •
� and data, which Concessionaire may filc with the County pursuant •
to its County Retail Sales Tax Resolution, and the Concessionaire
� " � waives any claim of con£identiality which it may have in connection 1
therewith. . i
10. Not Partnership. Notwithstanding the provision herein ? -
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contained for the payment by the Concessionaire to the County �
� of sums based upon a percentage of gross revenue as above '
provided, it is expressly understood and agreed thatthe County �
• shall not be construed or held to be a partner, associate or � • �
� �
joint venturer of the Concessionaire in the conduct oE its �
. . �
?' business, but the Concessionaire shall at all times have the � �
`� status of an independent contractor, without the right or �
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'! • authority to impose tort or contractual liability upon the �
.X County. i
e; , 11. Ownership of Fixtures and Equipment. All machines, �
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equipment and property placed under this Agreement by the �
�� Concessionaire at its expense in, on or about the Airport �
' Teiminal, including all the trade fixutres, machines, devices and �
�
coinchanging machi.nes temporarily affi.xed to the realty, but which �
may be removed without damage thereto, shall remain the property '
_ of tlie Concessionaire� and the Concessionai_e shall have the jI
right at any,time during the term hereoft when not in default {
• • hereunder. and subject to the terms of notice as provided above, �
to remove al]. machines, equipment, property and trade fixtures; • �
:
PROVIDED, HOWEVER, upon removal of�a machine or equipment that is ;
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� not replaced if permitted, t he Concessionair� shall restore the i
• . �
premises where located to the condition it was in prior to the {
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initial installation, ordinary wear and tear expected. � �
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12. Cancellation and Termination. In addition to the �� �
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requirements for removal of a machine ar machines as provided � �.�
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above, the County may cancel ancl. tcrminate this Agr�ement and
, •cause, the Conces�ionaite to vacate any or all of th� 11rea� and• ._ ' •
: Spaces in which installations arc madc hCrcundcr,'with or • ' '
without process of law, without liability for tresgass, in the , � ,
. event of any default of.the Concessionaire as to the terms of y
_ - this Agreement, upon giving ten (10) days' written notice to • ;
the Concessionaire of its intention to so terminate'at such �
,
place or places. At the end of said ten (10) days', all the !_ _
rights hereunder for the said place or places within the Public
• �
Area or Space where the Concessionaire is permitted to install . i
} and maintain coin-operated vendinq machines shall terminate, I
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unless the default (which shall have been stated in such notice) j
' shall have been cured within such ten (10) days; PROVIDED, �
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HOWEVER, the Concessionaire will be nllowed only two (2) notices ' �
•,
of default hereunder which it r.iay cure within the time Specified ;
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in this Paragraph. The third notice shall'be final and shall �
� �
cancel and terminate all of the rights of the Concessionaire to �
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said place or places. °
• 13. Advertising and Nuisance. The:CQncessionaire shall not �
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' install or have installed or allow to be installed upon the Airport � �
� or Ai: Terminal any sign, either lighted or unlighted,- poster or
� other display of advertising media, except as they might be an �
integral part of the machines,, consented to and approved as
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provided above and except, as necessary, only for posting the ! `
number where service can be reached. Further, the Concessionaire i -
shall not commit nor permit any nuisance to arzse from or related �
to rights granted herein. • �
14. Notices. All notices required to be given to the County
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i • hereunder shall be given by certified mail,� return receipt '. !
,
requested, addressed to the Cou�sty at 506 E. Main Street, Aspen, +
a
t; Colorado 81611; a21 no.tices required to be�•given to the � i
'cj .
S�
�:f Concessionaire hereunder shall be served personally or sent by • �
�� certified mail, return receipt requested, addressed to the �
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Concessionare at P.O. Dox'22G5, 1lspen, Coloardo, 81611; PROVZD�D,
• • IiOWEVER, that eithcr �>:irty licrcto may .designate in wr•iting from • • • 1
time to time the address of substitutc or supplementary persans j '
i? • • f
^' within thc State of Colorado to receive such notices. The • ' .
`� effective date of service of any such notice shall be the date �
�'- •
,i; • such notice is mailed or delivered to the Concessionaire or ;
a the County as aforesaid. ��
1 •
�; , , �i . -
�; 15. Compliance iaith all Laws and Re ulations. The Con- i
�, . -- 1
�; cessionaire agrees not to use or per.mit any of the riqhts and i
e�, -
� privileges herein granted to be used for any purpose prohibited �
� �
� by the laws of the United States of the State of Colorado or �
� the Resolution of theCounty of Pitkin, including all applicable
� 'laws rules and re ulations dealin with ,
� � g g public health or for
�� uses not authorized hereunder or in accordance herewith, and it
�1 - •
�5 further agrees that it will use the premises herein described
"a • in accordance wi�fi all qeneral rules and regulations adopted by j
�°; �
� theCounty or its Airport Manager for the management operation
��' , and control of the Pitkin County Airport, either promulgated
�
;;� by the County or by said Manager on its or his own initiative or ;�
�' by or in compliance with regulations or actions of an Federal
�� y
�r ,
�± • or State agency authorized to regulate flights to and from
�
e� said Airport. THe Concessionaire further agrees to submit i
� �
�4; any report or reports or information regarding its operations �
s� i
__ hereunder that the• �ounty or its authorized representative may �
�F� i .
request. • _ •
16. Taxes, Licenses. The Concessionaire covenants and 1
� ' ..
;� agrees to pay promptly all taxes, excises, license fees and permit
� fees of whatever nature, applicable to its operations hereunder, ,
� nd to take out and keep current all licenses; municipal, state
? .
or federal, required for the conduct of its business or the
� operation of the mach3nes and equipment, at places and locations _ �
permitted herein, and further agrees not to permit any of said � ;
• , �
taxes, excises or license fees to become delinquent.
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17. In4cmnity and Insurance. The Conceasionaire hereby `
agrcc�.to rcicasc and to indcmnify and savc�harmles:; thc .COUnty • •
and its officers, agcn�, �and employees, from and ag�inst any • � • • � •
and a11 loss o£, or damar�c to, property, or injuries to, or
death of, any person or persons, including property and employees ;
or agents of the County, and shall defend, indemnify and save -'
harmless the County and its officers agents and employees, £rom
; any and all claims, damages, suits, costs� expense,�liability. �
t
actions or proceedings of any kind or nature whatsoever, including ?
. �
Workmen's Compensation claims, of or by anyone whomsoever, in
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any way resulting from, or arising out of, directly or indirectly,
. its operations in connection here�vith, or its use or occupancy •
of any portion of the Pitkin County Airport, and including acts
' !
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and omission� of officers, employees, contrac'tors and aqents of ;
the Coacessionaire; PROVIDED, HOSBEVER, that.the Concessionaire � �
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need not release, indemni�y or save harmless the County, or its �
officers, agents and employees from damages resulting from the �
. �
sole negligence of the County's of£icers; agents and employees,
i
except that the negligence of either the County or the Concessionaire, �
or its respective officers, agents and employees shall not be �
' i.mputed to be the negligence of the other., The minimum insurance I
requirements prescribed herein shall not be deemed to limit or i
define the obligations of the Concessionaire hereunder.
__ - • Concessionaire further agrees to �ecure (and deliver L
a certificate thereof to the County Airport Manager) at the time
of the commencement of the term of this Agreement a comprehensive �
i
liability insuzance policy written on ah occurrence basis, �
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includinq public liability foi personal injury and property >
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damage, in Eorm and company acceptable to and approved by said
, Manager, covering places and locations and .operations hereunder
�' - ;
� and warranties of products dispense@, in the amount of Two • �
'�' Hunderd.Fifty Thousand Dollars ($Z50,000.00} for bodily injury, �
I
�� plus One fIundred Thousand Do3.lars ($100,000.00) for property damage. ;
. ��� , , , � . , i
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�, Thc Count nced not be named as an insurccl in any �
Y
�;
. •insurancc policy required hcrcundcr, but •said policics shall , , • , '�
contain a provision covering Conccssiopa.irc's contr�ctual • j;
� � � � � . . �!
liability to the County. ' • ��
. , . • �i
. A renewal policy shall be obtained and certificate
• thereof'delivered to the County Airport Manaqer at least fifteen
(15j days prior to the policy's expiration date, except for
any policy expiring on• the expiration date of this Agreement
or thereafter. ,
i
18. Compensation Insurance. Concessionaire further covenants �
�
� I
'� and agrees at a.11 times to maintain adequate Workmen's Compensa- j
� tion Insurance (including occupational disease hazards) with ' '
4
an authorized insurance company or through the Colorado State
y Compensation Insurance Fund or through an authorized self-
. 1insurance plan approved by the State of Colorado, insuring the ?
, payment of compensation to all its employees. The Concessionaire . I
agrees to provide the Airport Manager certificates in number as'. �
required to satisfactorily evidence the existence of said
i •
Workmen's Compensation Insurance coverage; and, if required by . �
said Manager, a certified copy of any such policy.
• li. Right of Inspection. The County Airport Manager and i
. . • . �
his duly authorized representatives shall have at any and all !
times the £ull and unrestricted right to inspect any of the
machines and equiFment installed and of doing any and all `
things with reference thereto which the County is obligated to j
. . �
. , do as set forth herein� or which may be deemed necessary for the ;
i
proper general conduct and operation of the Pitkin County ;
f
Airport� or in the exercise of the County�s police power. �
�
20. Agreement Subordinate to Agreement� With United States.
This Agreement is subject and subordinate to the terms, reserva-
�
tions, restrictions and conditions of any existing or future agree-
� ment between the County and the United States relative to the ' �
,� , , • , €
operaCion or maintenance of the Pitkin County Airport, the f
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execution of which has been or may be required as a cortditian , • . :
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� precedent to the expenditurc of I'cdcral funds tor tYic•devclop-
• • ment cif said AirporC. . . . - � . . � '
' 21. Patcnts r�n�l 'Pr.adcin�rks. Concessi:onaire represents .'
that it is the owncr of or fully authorized to use any and all _ ' , '
c . •
i . ;
services, processes, macfiines, equipr.ient, articles, marks,
, ;�
names or slogans used by it in its operations under or in �
, :I
anyway connected with this Agreement. The Concessionaire agrees . ji,
to save and hold the County and its respectj.ve officers, employees, � _
agents and representatives Eree and harmless of and from any . �'�
loss, liability, cost, eicpense, suit or claim for damages in • �j
��
connection with any actual or alleged infringement of any . �
patent, trademark or copyright a'rising from any alleged or i
` 'actual unfair competition or other similar claim arising out � �
#
of the operations of the Concessionaire under or in anyway �
'#
• connected with this Agreement. ' ' • �
22. Assignment. The Concessionaire covenants and agrees E
3
not to assign, sublet, pledge or transfer its rights in this q
Agreement, in whole or in part, nor grant any license or concession �
. j
hereunder, without the prior written approval of the County, y
• € -
• which approval shall not be unreasonably withheld. �
. ' 23. Aqreement Binding. '"his Agreement shall b� binding �
on and extend to the heirs, personal representatives, successors
t
and assigns of the respective parties hereto. � , i
�
24. Paragraph Headings. Paragraph headinqs contained i -
�
herein are for convenience in reference only, and are not intended I
to define or limit the scope of any provision of this Agreement. j
i
25., biaster Plan. The Concessionaire agrees that no �
. (
liability shall attach to the County,. its officers, agents and �
� employees, by reason of any efforts or action toward implementa- ' �
tion of any present oi future airport layout plan for the Pitkin
- County Airport, and, fdr and in consideration of the rights and ;
i�. • F •
privileges herein granted, it waives any ricjht to claim damages j
` �, or other consideration arisin9 therefrom. • �
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`i 2f,. Prevention of. L�iens. The Concessionaire covenants
� — �
;� .and agrces not to•permit any mcchanic's or matcrialman's or any , • .
'{ other lien to become atta'ched or be foreelosed 'upon the• machines ' • ;
j � . • . i
'�; or equipment covered hcreby by reason of any work or labor •
. _ ' ' �
. , performed �or materials furnished by anl mechanic or materialman. �
' Concessionaire agrees to furnish the County Airport Manager, . �
`' upon request, duplicate receipts or other satisfactory evidence
• �
showing the prompt payment by it of Social Security, Unemployment
compensation and Plorkmen's Compensation insurance, all required �
licenses and all taxes. The Concessionaire fu'rther covenants �
i and agrees to pay promptly when due •all bills, debts and obliga- �
� .
tions incurred by it in connection with its operation of said i
�' concession on the Airport, and not to permit the same to become
E delinguent and to suffer no lien, mortgage, judgment or execution • i
to be Piled against said machinas or equipment or the proceeds j
- � f
therefrom which will in any way impair the rights of the County �
under this Agreement. ' �
27. Waivers. No waiver of default by the County o£ any of
. the terms, covenants or conditions hereo£ to be performed,
kept and ohserved by the Concessionaire shall be construed as,
` � or op�rate as, a waiver by the County of any subsequent default
. t
of any of the terms, covenants or conditions herein contained � t
to be performed, kept and observed by the Concessionaire. �
I
28. Manager's Authorized Representative. Wherever reference � _
i
is made herein to the "County Airport Manager or his authorized i
_ t
representative", or words of similar import are used, the Board
of County Commissioners of Pitkin County, Colorado, shall be such �
until notice otherwise is hereafter given to the Concessionaire. i
_
. �
. - 29. Agreement Made in Co2orado. This�Agreement shall be ;
. x
deemed to have been made in and construed in accordance with the �
�:` laws of the State o£ Colorado. ' j
ri �
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. ' 30. No Discrimination. The Concessionaire, foz itself,
' i
;` its successors and assigns, as a part of the consideration hereof, !
;� 1
does hereby covenant and agree that the Concess.ionaire'�shall � , . , �
_ . . . .. � . ��
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maintain and operate such facilities and services in compliance �
f with all other requirements imposed pursuant to Title 49, Code
.�
;� of Federal Regulations, Department of Transportation, Subtitle
_� A, Office of the.Secretary, Part 21, Nondiscrimination in Federally-
�J assisted programs of the Department of Transportation - EfEectuation
l� of Title VI of the Civil Rights Act of 1964, and as said regulations
1
may be amended. That in the event of breach of any of the
:.� above nondiscrimination covenants, the County shall have the '
right to terminate the Agreement and to reenter and repossess
,.
the premises covered hereby and the £acilities therein and
thereon, and hold the same as if said Agreement had never been f
made or issued. (
� ,.
.. � j��..�. �-�-..
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the day and year first above
written.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
�
By; ;ft:
ATTE§2� • �'
' •�.••'' + - Michael Kinsley
r`,'� n:� c .'r,. Vice-Chairman
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� ' D.�. G�.� �. .
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. ° . ,`�y�. � .
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���� .,,i D & H VENDING COMPANY
_ ATTEST: By• � ��
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� ;� �]
Tj o�C `.���� ��:l�S�'�i�/ � gl6�/
' Lessee Address
APPROVED AS TO, FORM: �°"'m. � y�'3-�/9 y
a�SN. � 9�S- v 33;,Z J
._.�-`-'�--—LG✓f��'.(.�l.IGG�_J
� anS dra M. Stuller
Pitkin County Attorney
� ' -16- �
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