HomeMy WebLinkAboutbocc.ord.048.2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS,
OF PITKIN COUNTY,COLORADO
APPROVING A LICENSE AND USE AGREEMENT
BETWEEN PITKIN COUNTY AND SPORTS EXPRESS,LLC
FOR THE PROVISION OF SKI AND GOLF CLUB SHIPPING
AT THE ASPEN/PITKIN COUNTY AIRPORT
Ordinance#M, Series of 2001
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.S. 41-4-101 et sec.,30-35-202,Title 10 of the Pitkin County Code, and Section 8.7.2 of the
Pitkin County Home Rule Charter.
2. After an informal procurement process, Sports Express, LLC was selected as the top
ranked, qualified proposer to provide ski and golf club shipping services at the Aspen/Pitkin County
Airport.
3. Pitkin County wishes to enter into a License and Use Agreement with Sports Express,
LLC for the purpose of ski and golf club shipping services at the Aspen/Pitkin County Airport for a term of
2 years with the option of a 2 year renewal period upon a satisfactory performance.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County,
Colorado that the Board does hereby authorize the Chair to sign on its behalf, the License and Use
Agreement between Pitkin County and Sports Express, LLC for the purpose of providing ski and golf club
shipping services at the Aspen/Pitkin County Airport.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON IY&1i {�! E/Z i�� `L
2001.
PUBLIS�IED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE DAY
OF PLt{ 001.
�APPROVED AND ADOPTED UPON SECOND READING ON THE DAY OF
�q 2001.
PUBLI HED, AFTER PTION IN THE WEEKEND EDITION OF THE ASPEN TIMES
ON THE DAY OF 2001.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
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Jeary tte Jones Date Michael Ireland,Chair Date
Deputy Clerk&Record4
Ordinance# Uq pot
Page 2
APPROVED AS TO FORM: MANAGER APPROVAL:
Kliffileen Morgan Date Hilary F. S Date
Assistant County Attome County Mad r
APPROVED AS TO CONTENT:
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Jam s Elwood Date
D for of Aviation
USE AND LICENSE AGREEMENT
COMMERCIAL COUNTER/OFFICE SPACE
THIS AGREEMENT, made and entered into as of the date last below signed by and between THE
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a Colorado home
rule County(hereinafter the "County"), and SPORTS EXPRESS, LLC, (hereinafter "the Company").
WITNESSETH:
WHEREAS,the County owns and operates the Aspen/Pitkin County Airport, also known as
Sardy Field(hereinafter the "Airport")and the terminal building complex(hereinafter the "Terminal" or
the "Air-Carrier Terminal") and does maintain various spaces for the use of the public and from time to
time does and shall license or permit the use of parts of these areas to various individuals, firms or
corporations to serve the users of the Airport; and
WHEREAS,the County has authority to regulate commercial activities on Airport property and
to enforce these regulations, pursuant to, inter alia, C.R.S. 41-4-101, et seq.,the Pitkin County Airport
Regulations(Title 10, Pitkin County Code)and the Airport's Ground Transportation Rules and Regula-
tions, promulgated thereunder from time to time; and
WHEREAS,the Company is regularly in the business of providing public ground transportation
services or associated ground transportation services by taxi and/or van and/or bus and/or other vehicle to
and from the Aspen/Pitkin County under authority granted to it by license(s) from the Public Utilities
Commission (PUC)of the State of Colorado or the Federal High Way Authority (FHWA, formerly
known as ICC); and
WHEREAS,the County is willing to permit the Company to occupy and maintain terminal
counter space for the operation, and coordination of its transportation business to and from the Airport
for its taxi, van, or bus service, or other associated ground transportation service in the arrivals/baggage
claim area only at the Aspen/Pitkin County Airport, all as more specifically hereinafter provided, as well
as allow the Company access to certain portions of the Aspen/Pitkin County Airport in furtherance of its
business activities there; and
WHEREAS, the Company is ready,willing and able to occupy and maintain such counter space
and perform its business functions there at in accordance with the terms, standards and conditions
hereinafter set out:
NOW, THEREFORE, for and in consideration of the terms, conditions and mutual covenants
hereinafter contained and other valuable consideration,the parties hereto agree as follows:
1. LICENSE AND USE PERMITTED.
A. The County grants and permits unto the Company for the term hereof the right to occupy
and use a portion of the arrivals/baggage claim area at the Terminal Building at the Airport consisting of
an area containing a total of one hundred two(102) square feet, depicted on the attached Exhibit "A"
which is marked with the Company's name thereon.
B. The County also grants the right to use the public-access roads, driveways, loading and
unloading areas, and parking lots on the airport for commercial purposes, subject to Airport Rules and
Regulations, for such use in common with other users of a similar class.
C. The County expressly does not grant Commercial operating privileges for passenger
loading on the Airport through this Agreement. All commercial ground transportation activities,
including those operations conducted under proper PUC and/or FHWA authority, are prohibited on the
Airport, unless expressly permitted to operate on the airport in writing, in advance, and under permit by
the Director of Aviation, or his/her designee.
D. For purposes of this Agreement,the following Pitkin County definitions are applicable
and shall be enforced by the County:
1. A "taxicab" shall be defined as any passenger carrying vehicle with a maximum seating
capacity of seven(1)passengers plus the driver holding a Certificate of Public
Convenience and Necessity issued by the Colorado Public Utilities Commission for
transportation of passengers and their baggage in taxicab service operating on a "call and
demand" basis, the first passenger: (1)having exclusive use of the vehicle unless he/she
agrees to "multiple loading": and(2) having the ability to designate any destination,
route, or stops desired on the route;
2. A "limousine/van/shuttle" shall be defined as any passenger carrying vehicle with a
maximum seating capacity of fourteen(14)seats plus the driver operating on a "call and
demand" basis,transporting passengers at a per person rate,the use of said vehicle not
being exclusive to any individual or group;
3. A "bus" shall be defined as any passenger carrying vehicle with fifteen (15)or more
passenger seats not including the driver, regardless of type of service;
4. A "courtesy vehicle" shall be defined as any vehicle permitted to transport its customers
as a"courtesy" service only, not for hire/not for compensation;
5. "On schedule/scheduled" service means the transportation of passengers or property
between fixed points and over designated routes at established times as specified in the
carrier's time schedule as filed and approved by the appropriate jurisdictional authority;
6. "On call-and-demand/call and demand" means the transportation of passengers or
property not "on schedule" or "charter, pre-book,pre-arrangement, manifested';
7. "Charter service", "pre-book/pre-arran eg ment", or"manifested service" means the
transportation of passengers who are traveling together in a group pursuant to a common
purpose, under a single contract, at a fixed charge for the vehicle having acquired the
exclusive use of that vehicle;
8. "Type of service" generally means those definitions as defined in those paragraphs
immediately above.
9. "Permit" means the actual vehicle/ID permit itself,which therefore,when issued
properly, means an operating authority to pick up passengers/customers as an operator of
one of the defined vehicles above at the Aspen/Pitkin County Airport(Sardy Field).
10. "Air freight handlers" means those shippers and/or receivers of air freight/cargo that are
specifically and only using the services of the commercial air carriers/airlines. This
definition does not include other freight/cargo operators picking up from or delivering to
customers within the commercial terminal building, i.e. UPS, FedEx, etc. These
operators shall not park in those areas designated for commercial ground transportation
operators for any reason. All vehicles shall be operated from only those areas
specifically marked, and permitted for passenger unloading, staging, stacking/queuing,
and loading/pick-up.
2. TERM OF AGREEMENT. The term of this Agreement shall commence as of 6:OOAM
MST, on the 1st day of December 2001, and shall expire at 10:00PM MST on the 30th day of November
2003.
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2.1 Renewal. The County may, if it so desires, provide the Licensee with a review of its
performance under this Agreement to be delivered ninety (90) days prior to the anniversary date, that anniversary
date being November 30, 2003. If no such review indicating unsatisfactory performance is provided in writing
within sixty (60) days prior to any anniversary date, Licensee's performance shall be deemed to have been
satisfactory for the prior contract term.
2.2 At the option of the County and in mutual agreement with the Licensee and provided Licensee is
not in breach and has performed in a satisfactory manner acceptable to the County, the County shall have the option
to renew this Agreement under terms and agreements acceptable to the County for two additional years(December 1,
2003 to November 30,2005).
2.3 The County's exercise of its right of renewal shall be exercised by delivery of written notice to the
Licensee sixty(60)days prior to the expiration of the term.
2.4 In the event the County decides not to renew this agreement a notice of termination shall be send to
the Licensee 60 days prior to the expiration of the term. However, if in the event County does not send such Notice
of Termination to the Licensee this lack of notice shall not result in an automatic renewal of this agreement.
3. FEES. The Company agrees to pay to the County for the right to occupy the described Terminal
areas and facilities for the term of this Agreement,the following amounts:
A. Three Hundred One Dollars($501.10)per month,paid in advance on the first day of
each month and each succeeding month for the first twelve(12)months of license term.
B. The rent for the second year term of this Agreement, or December 1, 2002 to November
30, 2003, shall be increased by four percent(4%)over the preceding term(December 1, 2001 to
November 30,2002).
4 PERFORMANCE AND PAYMENT SECURITY. Promptly after execution of this
Agreement and prior to actual occupancy and use of the Premises, Lessee shall deliver to County(and
thereafter maintain current for the entire term of this Agreement), certain deposits or instruments, as
security for the full and timely performance and payments by Lessee of all of its obligations hereunder
including,without limitation, the payment of the Base Rent,Additional Rent hereunder, as follows:
A. Types of Security. Lessee shall deliver cash or certified funds Security Deposit totaling
to three months rental fees or Fifteen Hundred Dollars($1,500.00).
These requirements may be waived or reduced in writing by the County, in its sole discretion, for
a Lessee with a satisfactory payment or performance history; provided, however,that if the
Airport issues a Notice of Non-Compliance or Notice of Default involving one or more failures
to timely pay any rent or charges hereunder, it may, as part of that Notice, as material element of
this Lease, require either the Security Deposit or this surety instrument or both to be delivered
promptly as part of any cure of such Notice.
It is expressly agreed that such amounts are not an advance payment of rental or a measure of
Lessor's damages in case or default by Lessee. Lessor shall have the right to commingle any cash
amounts received hereunder with its other funds.
B. County Use of Required Security. If at any time during the Term hereof, any of the Fees
or Additional Fees shall be overdue and unpaid, or any other sum payable by Lessee or Lessor
hereunder shall be overdue and unpaid,then Lessor may, at its option, and upon Notice to
Lessee, appropriate and apply any portion of the Security Deposit to the payment of any such
overdue amount. In the event of the failure of Lessee to keep and perform any of the terms, /
covenants and conditions of this Lease,then Lessor may, at its option and upon Notice to Lessee
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(and its surety, if applicable), appropriate and apply the Security Deposit, or so much thereof as
may be necessary,to compensate Lessor for advances, expenses, loss or damage sustained or
suffered by Lessor due to such breach on the part of Lessee.
C. County Return/Release of Required Security. No later than sixty(60)days after the
expiration or termination of this Lease, Lessor shall: 1) If Lessee has complied with all of the
terms, covenants and conditions of this Lease and has paid all of the rental herein provided for,
and all other sums payable by Lessee to Lessor hereunder,then return the Security Deposit and
/or release the surety, or; 2) If Lessee has not complied with such obligations, provide written
notice to Lessee and/or its surety of Lessor's claims against said amounts and return/release the
remainder.
5. USE OF PREMISES.
A. The County hereby grants to the Company the right and privilege to occupy the Location
area described above at all times when the Air-Carrier Terminal shall be regularly open for business,
together with the necessary right of public-access ingress thereto and egress therefrom, for the sole
purpose of operating a non-exclusive concession for the providing of taxi, limousine, and/or bus service
to and from the Aspen/Pitkin County Airport for the benefit of the public. The Company shall provide
all personnel, supervision, equipment and supplies necessary to operate its business.
The booth, or in the case of call-and-demand transportation providers the curbside as a starter,
shall be open for business, staffed and supervised, seasonally, and as follows:
1. During the "winter season": Forty(40)hours per seven(7)day work week.
"Winter season" is defined as those actual dates when both Aspen Mountain and
Snowmass Ski Areas are open for daily business.
2. Duringthe he "soring_off-season": As the Company determines, and with
notification to the Director of Aviation, or his/her designee. "Spring off-season" is
defined as that period of time between the last date both Aspen Mountain and Snowmass
Ski Areas as specified above are open for daily business and Memorial Day.
3. During the "summer season": Forty (40)hours per seven(7)day work week.
"Summer season" is defined as that period of time between Memorial Day and Labor
Day.
4. During the "fall off season": As the Company determines, and with notification
to the Director of Aviation,or his/her designee. "Fall off-season" is defined as that
period of time between Labor Day and first date both Aspen Mountain and Snowmass
Ski Areas are open for daily business.
The booth shall be kept and maintained, whether staffed or un-staffed, in a clean, orderly and
business-like condition. The Company further agrees to use the area hereinabove described for the said
purposes stated only, unless otherwise specifically authorized in advance in writing by the Director of
Aviation, or his/her designee.
No display or device shall be installed upon the Terminal space which in any way obstructs the
public view of or access to another licensed space, and all displays shall be in compliance with the
further provisions of this Agreement. Further,the Company shall not commit or permit any nuisance to
arise from or related to its rights granted herein,or its occupancy of the Air-Carrier Terminal or the
Airport. The Company may, in the discretion of the Director of Aviation, be permitted to utilize the
premises before and after the hours which it normally operates; PROVIDED,that any expense to the
County arising from said use, including supervision of the security premises, shall be paid by the
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Company(or prorated equitably among all users if more licensees than the Company shall use the
terminal during hours when it is normally closed).
B. There is further granted to the Company the right for itself, its employees, agents and
invitees,to utilize the public facilities with the non-exclusive waiting and concession areas of the Air-
Carrier Terminal such as rest rooms, restaurant, vending machines, drinking fountains and the like for the
public purposes intended; PROVIDED, however,there shall be no waiting, lounging, loitering, gathering
in groups, or solicitation, advertisement or conduct of business by the Company's employees in such
areas.
C. Said area provided for in paragraph 1.A., above, shall be subject to the following:
1. The County shall provide, at no cost to the Company,the unfinished shell booth
area. The County may, at the request of the Company, design and construct reasonable
additions to the booth, finish the exterior of the same and provide utility connections and
special electrical work ordered at the special instance and request of the Company. The
total expense for construction of such shell booth additions, utility connections and
special work, if any, shall be reimbursed to the County by the Company prior to
occupancy hereunder.
2. Finishing of the interior of the shell booth and appropriate signage shall be
performed by the Company also at its expense and the design thereof and graphics placed
thereon shall have the prior written approval of the Director of Aviation. All work done
by the Company shall be completed promptly, in a workmanlike manner, and in
compliance with the first-class design and finish standards of the Airport.
3. The Company, subject to the further provisions herein, shall be entitled to
remove all items incorporated in the interior finishing and signage of the shell booth so
long as the removal is completed without damage to the booth structure or any such
damage is properly and promptly repaired.
D. The licensed space may be used by the Company for purposes of disseminating
information to the public and the operation and coordination of business, all in a first-class businesslike
manner, and for use as office space, limited to the conduct of its business to and from the Airport.
E. The Company shall not interfere with(or permit interference by its agents)the business or
operations of any other lessee, licensee,or permittee in the Terminal or on the Airport. Further,the
Company shall not interfere with the County's contractual or operational relationship to other lessees,
licensees or permittees in the Terminal or on the Airport.
6. OPERATION OF THE COMPANY.
A. In addition to the right to use and occupy space as provided herein,the Company hereby
agrees to abide by such Rules and Regulations as shall be promulgated from time to time by the County
for the use of the Airport, relating to pickup and delivery of passengers, loading and unloading of
baggage, etc. The parties agree that the Company shall be responsible for immediately distributing a copy
of these Rules and Regulations(or any future amendments thereto)to all persons operating under its
PUC/FHWA certificate(s). Any new or amended Rules and Regulations shall be deemed effective five
(5)business days after notice thereof is posted, pursuant to Section 8-8,Airport Regulations, and/or
delivered to the Company pursuant to the notice provisions below. For purposes of enforcement under
this Agreement, delivery of Rules and Regulations to the Company shall be deemed delivery to all
persons operating under its Certificate(s). For purposes of this Agreement,the "Company" shall include
all employees,owner/operators, subcontractors, agents and representatives, including all persons
operating under the Company's permit(s)and all persons driving vehicles marked with the Company's
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name and/or graphics. The Company agrees that all vehicles used in its operations to and from the
Airport shall be clearly marked and identifiable as Company vehicles, including all such markings and
notices as the certifying agency shall require.
Neither drivers of the Company's vehicles nor any other employees, owner/operators or agents of
the Company shall solicit or conduct business in any portion of the Air-Carrier Terminal or anywhere on
the Airport property by "hawking" or other unbusinesslike,noisy or disruptive conduct. All vehicle
drivers shall stay in their vehicles except to load baggage after being hired,to unload baggage after
unloading passengers at the Airport or to reasonably use the public facilities at the Airports defined
herein.
Taxi and/or limousine drivers may only porter passenger's baggage:
(1) If curbside porter service is not reasonably available,the passenger(s)has, without
solicitation by the driver, so requested such assistance and leaving an unattended vehicle would not cause
or aggravate traffic congestion(while this section may not be used as a defense against a traffic charge of
leaving an unattended vehicle,any driver who believes these circumstances are available may ask for
situational confirmation/permission to operate under this section from a Regulation Enforcement
Officer); or
(2) The driver is claiming and delivering delayed baggage under contract.
B. No taxicabs, limousines, or buses except those acting under an Airport Commercial
Operating Permit shall pick up passengers for hire at the Aspen/Pitkin County Airport.
C. If so requested by the Airport,the Company shall provide at the start of this tern,
maintain and promptly update as necessary throughout the term a complete list of all Company drivers,
including employees, agents,owner/operators and subcontractors, and their dates of birth and current,
valid drivers' license numbers. All Company drivers shall possess valid drivers' licenses of a class
appropriate to their occupation.
D. If Company operates under the authority of the PUC/FHWA,the Company shall provide
at the start of this term, maintain and promptly update as necessary throughout the term, a list of the
Company vehicles operating at the Airport, including Company identification number, PUC/FHWA
number if appropriate, Colorado registration number,vehicle identification number(VIN), make, model,
year, color and all records of safety inspections and compliance certificates. All vehicles shall have
current valid PUC/FHWA inspections and the Company shall be responsible for documenting said
compliance. No vehicle shall operate on the Airport that is not included on such list and otherwise in
compliance with this Agreement,the PUC/FHWA authority and/or the Commercial Operating Permit.
The County reserves the right to conduct its own safety and license compliance inspections of Company
vehicles and drivers operating at the Airport,without notice and at such times and in such manner as the
County, in its reasonable discretion, believes to be necessary for the safety of Airport passengers. Such
inspections shall include, without limitation, compliance with PUC/FHWA inspections and requirements,
windshields, windshield wipers, lights,tires and braking. If a safety defect in any vehicle is discovered
during such inspection,the vehicle shall not be permitted to operate at the Airport thereafter until the
defect has been repaired. The specific vehicle must display a Company identification number displayed
in a conspicuous location in contrasting letters.
E. If a surcharge is added to a fare to cover the costs of administration of County requirements
hereunder pursuant to PUC/FHWA regulations,the surcharge shall be limited to the estimated costs per
loaded vehicle leaving the Airport and notice of the surcharge, in language satisfactory to the County,
shall be included on the required PUC/FHWA notice sheet.
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F. Enforcement. Enforcement of the operational requirements of this Agreement, Title IV,
of the Pitkin County Code(Airport Regulations), specific Ground Transportation Rules and Regulations,
other regulations set forth in Section 8 of the Airport Commercial Operating Permit and Regulations
promulgated from time to time by the Director of Aviation,may be through the Penalty Assessment
Procedure(Article 50, Airport Regulations), County Court Summons procedure or the County
Adjudicatory Hearing. Nothing herein shall be construed to limit the County's remedies with regard to
defaults under this Agreement or violations of the State Criminal Code or other state,Federal and local
laws and regulations; all remedies of the County are expressly declared to be cumulative, unless
otherwise provided by law.
In this license term,two violations by an individual driver of the following list shall result in
his/her mandatory minimum suspension from operations to or from the Airport for one year; three
violations by any one Company's drivers of the following list shall result in that Company's mandatory
minimum suspension from operations to or from the Airport for one year. Violations subject to this
mandatory minimum suspension are as follows:
(1) Commission of a violent act(e.g. striking or fighting)against another person or
active participation(except in a peace-keeping capacity) in a violent incident at the Airport.
(2) Conviction of the Colorado Criminal Code of misdemeanor or felony status for
conduct taking place on the Airport.
(3) Careless or Reckless driving on the Airport.
(4) Driving a taxi, limo or bus while under the influence of alcohol or drugs, or
driving the same while ability is impaired by alcohol or drugs on the Airport.
(5) Operation of vehicles without proper PUC/FHWA markings,without current
PUC/FHWA inspections or in an unsafe condition at the Airport.
(6) Knowingly misrepresenting charges and/or overcharging for carriage or services
to passengers to or from the Airport.
(7) Willfully failing to pay fees to County.
(8) Willfully damaging equipment, improvements or facilities at the Airport owned
by any person.
(9) Unpermitted pickup of passengers at other than permitted loading zones at the
Airport.
(10) Behavior indicating willful disregard of life, health or safety of persons on the
Airport.
To be subject to this mandatory minimum suspension, such violations shall be separate, unrelated
and non-continuous. Nothing herein shall be construed to limit the right of a Hearing Officer
from ordering suspensions for various periods for lesser or different violations if the facts
provided at any hearing so warrant.
6. QUALITY OF SERVICE/COMPLAINT RESOLUTION/PERFORMANCE REVIEW BY
COUNTY.
A. The Licensee shall conduct its commercial operations hereunder in a manner consistent with
the standards of first-class commercial operators in first-class resort communities throughout the United
States.
B. Licensee acknowledges that the County has an interest in resolving any complaints arising
from the Licensee's operations, both as owner/operator of the Airport and as holder of police power
within the County. Based on the foregoing, in the event that County shall receive any complaint arising
from Licensee's operations, County shall immediately transmit such complaint to Licensee for resolution.
Within five(5) business days of the receipt of the complaint, Licensee shall provide to the Director of
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Aviation,or his/her designee, a written report of the complaint and its resolution or of Licensee's
attempts at resolution. Failure by Licensee to resolve a great majority of these complaints and/or to
correct the underlying cause of these complaints to the satisfaction of the Director of Aviation shall be
grounds for non-renewal of this Agreement.
C. At least once annually hereunder, Licensee shall be entitled,at its request,to a written
evaluation of its performance under this Agreement from the Director of Aviation. This report shall
contain specific areas in which performance has been unsatisfactory or satisfactory and specific standards
for satisfactory performance.
7. AIRPORT REGULATIONS ENFORCEMENT AND TRAFFIC CONTROL.
The County shall provide ground transportation supervision to all vehicular traffic and pedestrians at the
Airport during periods, which it determines to be the peak airport operational hours during the normal
Pitkin County tourist seasons. Such officers shall be the employees of the County and have the right to
direct the officers, agents, drivers, owner/operators and employees of the Company. The purpose of such
officers shall be to direct the expeditious and efficient loading and unloading of passengers and baggage
utilizing the Airport, to control vehicles, pedestrians and parking within the designated areas of the
Airport and to assure compliance with the operational requirements and Rules and Regulations relating
thereto.
8. PAYMENTS. All fee payments hereunder shall be made without demand at the Pitkin County
Treasurer's Office, Pitkin County Courthouse, 506 East Main Street, Suite 201,Aspen, Colorado, 81611
and shall be made in legal tender of the United States. Any checks given to the County shall be made
payable to "Pitkin County" and shall be received by it subject to collection. Sums which remain unpaid
to the County more than ten(10) days after the same shall become due shall bear interest at the rate of
two(2%)percent per month from and after the due date thereof until paid in full.
9. UTILITIES. The County, at its expense and in its reasonable discretion, will furnish normal
illumination, standard grounded electrical outlets, phone conduit to the booth herein licensed and heat for
the premises of the Company in the said Air Terminal, subject to the provisions of paragraph 4.C.
10. CARE OF AREA.
A. The Company agrees to keep and maintain all areas occupied or used by it in the Air-
Carrier Terminal or on the Airport in a neat, clean, safe, sanitary and orderly condition at all times, and
keep such areas free at all times of all paper, rubbish and debris; and will use the premises as to not
injure them, except for ordinary wear and tear resulting from lawful use in accordance with the terms of
this Agreement.
B. The County shall remove snow from and provide general maintenance for the taxi,
limousine and bus ready areas and baggage handling areas, as well as all public-access roads within the
Airport. The Company shall be responsible jointly with other users thereof for policing and cleanup of
the taxi, limousine and bus ready areas and shall cooperate with the County in order to accommodate the
efficient removal of snow therefrom and the performance of general maintenance thereon.
11. SIGNS. The Company agrees that no signs or advertising materials shall be painted on, erected,
placed or displayed in any manner upon the licensed area or any other portions of the Airport which is
not in compliance with the Aspen/Pitkin County Airport Graphic Standards, and without the prior
specific written approval of the Director of Aviation or his/her authorized representative.
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12. REMOVAL OF EQUIPMENT. All equipment and property placed by the Company at its
expense in,on or about the licensed area, including all trade fixtures temporarily affixed to the realty but
which may be removed without damage thereto, shall remain the property of the Company, and the
Company shall have the right at any time during the term hereof,when not in default hereunder, to
remove all such equipment, property and trade fixtures; provided, however,that such removal shall be
accomplished without damage to the Terminal or upon prompt repair of such damage by the Company.
All property placed by the Company at its expense in,on or about the premises and affixed to the realty
so that same cannot be removed without damage, shall become the property of the County and shall not
be removed by the Company at any time, except that the County reserves the right to require the
Company to remove the same and restore the premises to the same condition as existed at the
commencement of the term hereof, ordinary wear and tear, fire and other casualty excepted.
13. RIGHT OF INSPECTION. It is mutually agreed that the County's duly authorized
representative(s)shall have at any and all times the full and unrestricted right to enter the licensed and
used areas for the purpose of inspecting or protecting such premises and of doing any and all things with
reference thereto which the County is obligated to do as set forth herein or which may be deemed
necessary for the proper general conduct and operation of the Airport or in the County's police power.
14. DAMAGE TO OR DESTRUCTION OF PREMISES. In the event the areas covered
hereunder or any portion thereof shall be destroyed or damaged by fire or otherwise,to any extent which
renders them unusable,the County may rebuild or repair such destroyed or damaged portions and the
obligation of the Company to pay the booth fees hereunder shall abate as to such damaged or destroyed
portions during the time they shall be unusable if no substitute temporary facilities are provided during
such repair and rebuilding. In the event the County shall elect not to proceed with the rebuilding or
repair of the major portion of the premises(if so destroyed or damaged),within a period of ninety(90)
days after the destruction or damage,the Company, may, at its option, cancel and terminate this
Agreement.
15. INDEMNITY.
A. As further consideration hereunder,the Company and its officers, employees,agents,
representatives and subcontractors shall release, discharge, indemnify and hold harmless the County of
Pitkin (including Aspen/Pitkin County Airport) and its officials, employees, agents and representatives
from and against liability for any claim, demand, loss, damages,penalty,judgment, expenses, costs
(including costs of investigation and defense), fees(including reasonable attorney and expert witness
fees)or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or
property damage caused by, arising out of or in connection with any negligent act, intentional act, error
or omission by the Company(as defined above)or for any resulting liability alleged to accrue against the
County on account of the Company's acts, errors or omissions; provided,however, that such indemnity
shall not be construed as an indemnity for bodily injury or property damage arising from the sole
negligence or intentional acts of the County or its employees.
B. The Company further shall investigate, process, respond to, adjust, provide defense for and
defend,pay or settle all claims,demands,or lawsuits related hereto at its sole expense and
shall bear all other costs and expenses related thereto,even if the claim, demand or lawsuit is
groundless, false or fraudulent.
16. INSURANCE.
A. In whole or in part,the Company shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in the State of
Colorado, as will protect itself,the County(with the County as named additionally insured), and others I
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as specified, from claims for bodily injuries, death, personal injury or property damage,which may be
caused, arise out of or result from the acts, errors or omissions of the Company and its officers,
employees, agents, representatives and subcontractors. The minimum insurance requirement prescribed
herein shall not be deemed to in any way limit the obligations of the Company hereunder. The following
insurance coverage, at or above the limits indicated and including such endorsements as are indicated by
an "V,are required:
(1) Statutory Workers' Compensation: Colorado statutory minimums
(2) Commercial General Liability—ISO 1996 Form or equivalent
Each Occurrence Limit $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations Aggregate Limit $2,000,000
Comprehensive Form(All risks)to include:
x Premises/Operations
_Underground,Explosion&
Collapse Hazard
x Products/Completed Operations
x Contractual Liability
x Independent Contractors and Subcontractors
x Broad Form Property Damage
x Personal Injury
(3) Business Auto Coverage:
Combined Single Limit Liability(each accident) $1,000,000
Coverage to include:
x Any auto
_All Owned Autos
_Hired Autos
_Non-Owned Autos
Garage Liability
B. To provide evidence of the required insurance coverage, copies of Certificates of Insurance
in a form acceptable to the County shall be filed with the County(through the Director of Aviation)no
later than ten(10) calendar days prior to commencement of operations affecting the County. Failure to
file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of
this Agreement and grounds for rescission or termination. These Certificates of Insurance shall contain a
provision that coverage afforded under the policies will not be canceled or materially altered unless at
least thirty(30)calendar days prior written notice by certified mail, return receipt requested(effective
upon proper mailing), has been sent to the County(through the Director of Aviation). (For purposes of
this provision, "materially altered" shall mean a change affecting the coverage required herein, including
a change to policy limits as set out in the then-current policy declaration page.) Simultaneously with the
Certificates, Licensee shall file and update as necessary a certified statement as to claims pending against
required coverage, reserves established on account of such claims, defense costs expended and amounts
remaining in policy limits.
C. In addition,these Certificates of Insurance shall contain the following clauses:
(1) The clause "other insurance provisions," in a policy in which the County of
Pitkin is named as an insured, shall not apply to the County of Pitkin. /
l
(2) The insurance companies issuing the policy or policies shall have no recourse
against the County of Pitkin for payment of any premiums or for assessments under any form of
policy.
(3) Any and all deductibles in the above-described insurance policies shall be
assumed by and be for the amount of, and at the sole risk of the Licensee.
(4) Location of operations shall be: "all operations commencing or terminating
at the Airport and locations at the Airport in connection with the Use and License Agreement".
D. Certificates of Insurance for all renewal policies shall be delivered to the Director of
Aviation at least fifteen (15)days prior to a policy's expiration date except for any policy expiring on the
expiration date of this Agreement or thereafter.
17. PATENTS AND TRADEMARKS. The Company represents that is the owner of or fully
authorized to use any and all services, processes, machines, articles, marks, signs,names or slogans to be
used by it in its operations under or in anywise connected with this Agreement. The Company agrees to
save and hold the County, its officers, employees, agents and representatives, free and harmless of and
from any loss, liability, expense, suit or claim for damages in connection with any actual or alleged or
actual unfair competition or other similar claim arising out of the operations of the Company under or in
anywise connected with this Agreement.
18. MASTER PLAN(AIRPORT AND TRANSITI/RATES AND CHARGES. Company
acknowledges that the County is conducting Airport and Transportation master planning which may
include, without limitation,the construction and operation of a public mass transit ground-transportation
system, which may restrict or prohibit private vehicular access to the Airport, and the re-configuration or
reconstruction of the Airport entrance/frontage road/traffic circulation system and the Company hereby
releases the County and waives any claim for damages arising therefrom. Further, the Company agrees
to co-operate fully in such planning efforts and to provide such information as is reasonably requested by
the County. The County agrees that it shall make reasonable efforts to plan and shall construct such
systems to avoid unreasonable restriction upon the access to the Airport.
Company further acknowledges that the County conducts annual and on-going rates and charges
analysis and has made no representation to Company regarding rates, fees, charges or compensation to
County in any form whatsoever after the expiration of the initial term of this Agreement.
19. THIRD PARTIES. This Agreement does not, and shall not be deemed or construed to confer
upon or grant to any third party or parties(excepting parties to whom the Company may assign this
Agreement in accordance with the provisions hereof,and excepting any successor to the County)any
right to claim damages or to bring any suit, action or other proceeding against either the County or the
Company because of any breach hereof or because of any of the terns, covenants, agreements and
conditions herein contained.
20. TAXES AND LICENSES. The Company agrees to pay promptly all taxes, excises, license fees
and permit fees of whatever nature, applicable to its operation at the Airport, and to take out and keep
current all licenses, municipal, state (including, specifically, required PUC/FHWA licenses and permits)
or federal, required for the conduct of its business hereunder, and further agrees not to permit any of said
taxes, excises or licenses fees to become delinquent. The Company also agrees not to permit any
mechanic's or any other lien or statutory claim to become attached or be foreclosed upon the property
herein above described, or any part or parcel thereof, by reason of any work or labor performed or
materials furnished. The Company further agrees to furnish the County upon request, duplicate receipts
or other satisfactory evidence showing the prompt payment by it of social security, unemployment
compensation, withholding, all required licenses and all taxes. The Company further agrees to pay
promptly when due all bills, debts and obligations incurred by it in connection with its operation of said
13
business at said Airport, and not to permit the same to become delinquent, and to suffer no lien,
mortgage,judgment, execution or adjudication in bankruptcy which will in any way impair the rights of
the County under this Agreement.
21. COMPLIANCE WITH ALL LAWS AND REGULATIONS. The Company agrees not to use
or permit the licensed and used areas to be used for any purpose prohibited by the laws of the United
States or the State of Colorado or the Code or Regulations of the County of Pitkin, and it further agrees
that it will use the areas herein described in accordance with all general rules and regulations adopted by
the County for the government and operation of the Airport, either promulgated by the County on its own
initiative or by or in compliance with regulations or actions of any federal agency authorized to regulate
flights to and from said Airport. The Company further agrees to submit any relevant report or reports or
information regarding its operations that the Director of Aviation may request. The Company agrees to
abide by and conform to the then-current Airport Security Plan. The Company further agrees to promptly
pay any fines assessed by the Federal Aviation Administration (FAA)as a result of a security violation
by the Company, its officers, employees, agents or subcontractors.
22. NON-EXCLUSIVE. The Company acknowledges that this Agreement is non-exclusive and that
the County has the right to grant such other licenses, franchises, leases, concessions and/or permits as it
deems, in the exercise of its discretion that, in the sole opinion of the County, are necessary or desirable
to the efficient or economical operations of the Airport.
23. DEFAULT AND TERMINATION
The standards and procedures for declarations of Default(s)under this Lease and termination of Lessee's
possessory rights under this Lease and/or of the Lease itself shall be as follows:
A. Incidents of Default by Lessee. The following acts or omissions by Lessee are agreed to be
Incidents of Default:
1. Failure to make full and timely payments of rent, additional rent or other fees or
charges due and payable hereunder; or
2. The creation,maintenance, failure to correct or sufferance of a dangerous or
hazardous condition on or emanating from the Premises; or
3. Failure to obtain, maintain in full force and effect and/or provide proof of all required
types, forms and amounts of insurance; or
4. Failure to provide and maintain current and required performance and payment surety
and proof thereof; or
5. Making an assignment,conveyance or transfer of its rights and obligations hereunder
without the consent of County; or
6. Making or becoming subject to a voluntary or involuntary petition for receivership or
bankruptcy, declaration of insolvency or assignment for the benefit of creditors; or
7. Failure to comply with any other obligation under this Lease and Use Agreement.
B. Notice of Default. Upon the occurrence of an Incident of Default by Lessee hereunder,
Lessor shall issue a written Notice of Default to Lessee(and its surety, if applicable),which Notice shall
specify the Incident(s)of Default asserted and a cure(s)therefor acceptable to Lessor.
C. Lessee's Right to Cure. Lessee shall have the right to cure an Incident of Default, unless
Lessee has abandoned the Premises, in which case Lessee shall be deemed to have waived any right to
cure. As a condition precedent to this right to cure, Lessee must provide Notice, promptly after the
effective date of the Notice of Default,to Lessor of Lessee's intention to cure and whether it agrees with
the County'proposed cure or has a counterproposal. The time periods for cure, after the effective date of
any Notice of Default, shall be:
1. Within three(3)business days if the default is maintenance of a hazardous condition
or failure to maintain and/or prove required insurance coverage(s); or
2. Within ten(10)calendar days if the default is failure to make full and timely
payments hereunder; or
3. Within twenty(20)calendar days if the default is in the performance of any other
obligation or conditions to be performed under the provisions of this Agreement.
If, in the discretion of Lessor, a cure acceptable to Lessor is promptly undertaken and
diligently prosecuted by Lessee and the cure required cannot reasonably be completed within the
foregoing time periods,Lessor may, upon timely request and proof of such mitigating circum-
stances by the Lessee,extend the period to cure by a reasonable time.
In the event of multiple Incidents of Default,the cure periods above shall be concurrent,not
consecutive.
D. Lessor's Right to Cure. If Lessee should fail to cure any default hereunder within the time
herein permitted, or if a dangerous or emergency situation exists at any time, Lessor, without being under
any obligation to do so and without thereby waiving such default, may make such payment and/or
remedy such other default for the account of Lessee(and enter the Premises for such purpose), and
thereupon Lessee shall be obligated, and hereby agrees,to pay as Additional Rent, all reasonable costs,
expenses and disbursements(including reasonable attorneys'fees) incurred by Lessor in taking such
remedial action. Such action taken by Lessor may include commencing, appearing in, defending, or
otherwise participating in any action or proceedings, and paying, purchasing, contesting, or
compromising any claim, right, encumbrance, charge or lien with respect to the Premises.
E. Lessor's Rights Upon an Uncured Default. If the Premises have been abandoned by Lessee
or if an Incident(s)of Default noticed as provided herein remains uncured after the cure period specified
or extended, Lessor, at its option and in its sole discretion,may thereafter either terminate Lessee's
possessory rights under this Lease or terminate the Lease itself and all of Lessee's rights hereunder or
both in sequence, by Notice to the Lessee.
F. Termination of Lessee's Possessory Rights. If Lessor gives Notice of Termination of
Lessee's Possessory Rights,the following substantive and procedural elements shall apply:
1. Lessor shall re-take possession. Lessee shall immediately and peacefully surrender
the Premises to the Lessor and, if Lessee fails to do so, Lessor,without prejudice to any
other remedy which Lessor may have for possession, damages, or arrearages in rental, may
enter upon and take possession of the Premises through legal process or, if no individual
person is then actually on or about the Premises and breach of the peach can be avoided,
without use of legal process. Thereafter Lessor may possess, hold and use the Premises and
may alter all locks and other security devices thereon.
Unless Lessor so elects as provided no such termination of Lessee's possessory rights
shall cause a termination of this Lease or otherwise relieve Lessee's liability and obligations
under this Lease, and such liability and obligations shall survive any such termination of
possessory rights.
2. In the event of any such termination of Lessee's possessory rights, Lessee shall
continue to pay to the Lessor all monthly payments of all Base Rent and any Additional
Rent required to be paid by Lessee to Lessor during the remainder of the Term until the date
of expiration of the Term, adjusted as follows:
a) Plus all such amounts accrued prior to repossession;
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b) Plus expenses of Lessor arising from repossession;
c) Minus amounts received by Lessor through re-letting.
In no event shall Lessee be entitled to any excess of any rental obtained by
reletting over and above the rental herein reserved. Actions to collect amounts due by
Lessee to Lessor as provided in this Section may be brought from time to time, on one
or more occasions, without the necessity of Lessor's waiting until the expiration of the
Term.
d) Lessor may sub-let or re-let. At any time after such re-taking of
possession by Lessor, Lessor may sublet or relet the Premises or any part thereof, in
the name of the Lessee or otherwise for such term (which may be greater or less than
the balance of the term of this Lease) and on such conditions as the Lessor, in
Lessor's absolute discretion,may determine, and may collect and receive the rents
therefor.
1) In the event that Lessor shall have taken possession of the Premises
pursuant to the authority herein granted, then Lessor shall have the right to keep
in place and use all of the trade fixtures, leasehold improvements, furnishings
and equipment of the Premises, including that which is owned by or leased to
Lessee, at all times prior to any foreclosure thereon by Lessor or repossession
thereof by a lessor thereof or third party having a lien thereon.
2) Lessor also shall have the right to remove from the Premises(without the
necessity of obtaining a writ,warrant, bond or other legal process)all or any
portion of such trade fixtures, leasehold improvements, furnishings, equipment
and other property located thereon and place same in storage at any premises
within the County in which the Premises are located, and in such event, Lessee
shall be liable to Lessor for reasonable costs incurred by Lessor in connection
with such removal and storage and shall indemnify and hold Lessor harmless
from all loss, damage, cost, expense an liability in connection with such removal
and storage.
3) Lessor also shall have the right to relinquish possession of all or any
portion of such property to any person("Claimant")claiming to be entitled to
possession thereof who present to Lessor a copy of any instruments represented
to Lessor by Claimant to have been executed by Lessee(or any predecessor of
Lessee)granting Claimant the right under various circumstances to take
possession of such property,without the necessity on the part of Lessor to
inquire into the authenticity of said instrument's copy of Lessee's or Lessee's
predecessor's signature thereon and without the necessity of Lessor's making any
nature of investigation or inquiry as to the validity of the factual or legal basis
upon which Claimant purports to act; and Lessee agrees to release Lessor from
any liability and to indemnify and hold Lessor harmless from all cost, expense,
loss, damage and liability incident to Lessee's relinquishment of possession of all
or any portion of such furniture, fixtures, equipment or other property to
Claimant.
3. The rights of Lessor herein stated shall be in addition to any and all other rights
which are created elsewhere in this Lease or which Lessor has or may hereafter have at law
or in equity; and Lessee stipulates and agrees that the rights herein granted Lessor are
commercially reasonable.
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G. Termination of the Lease. If Lessor gives Notice of Termination of the Lease,the following
substantive and procedural elements shall apply:
1. Lessor may elect to terminate this Lease by Notice of Termination of the Lease to
Lessee either: immediately after an uncured default; or at any time following the
termination of Lessee's possessory rights.
2. Upon such Lease termination (or in the event a court shall otherwise construe this
Lease as terminated following Lessee's loss of its possessory rights hereunder), Lessor shall
have and exercise all rights of ownership of the Premises, and Lessee shall pay to the Lessor
in one lump sum the sum of all Base Rent and Additional Rental and other indebtedness to
Lessor accrued to date of such termination,plus, as and for liquidated damages for Lessee's
default, an amount equal to the present value of the total Base Rent that would have become
due during the remainder of the Term but for termination of this Lease, less any amounts
actually received or due to Lessor as a result of re-letting and the amount of rental loss for
the same period that Lessee proves could have been avoided through the exercise of such
mitigation efforts as are legally required of Lessor. If such sum is not paid to Lessor on the
termination date said sum shall bear interest at the Default Rate until paid. For purposes of
this section, "present value" shall be computed by discounting the amount in question to
present worth at a discount rate equal to one percentage point above the discount rate then in
effect at any commercial bank then with an office in Pitkin County.
H. Not a Surrender. Exercise by Lessor of any one or more remedies herein granted or
otherwise available shall not be deemed to be an acceptance of surrender of the Premises by Lessor,
whether by agreement or by operation of law, it being understood that such surrender can be effected
only by the written agreement of Lessee and Lessor. No alteration of locks or other security devices and
no removal or other exercise of dominion by Lessor over the property of Lessee, or others at the Premises
shall be deemed unauthorized or constitute a conversion or a Lease termination. Lessee hereby consents,
after any Event of Default, to the aforesaid exercise of dominion over Lessee's property within the
Premises. All claims for damages by reason of such re-entry and/or repossession and/or alteration of
locks or other security devices are hereby waived, as are all claims for damages by reason of any distress
warrant, forcible detainer proceedings, sequestration proceedings or other legal process.
I. Property Left on Premises. Any property of Lessee, or of anyone claiming under, by, or
through Lessee, which is left on the Premises more than fifteen days after expiration of the Term or
termination of possessory rights shall be conclusively deemed abandoned, and Lessor may keep, use,
remove, store, sell, destroy, discard, or otherwise deal with it in Lessor's absolute discretion without
liability of any sort to Lessee or anyone claiming under, by,or through Lessee.
J. Costs of Default. In case of any Event of Default, Lessee shall also be liable for and shall
pay to Lessor, in addition to any sum provided to be paid above, all costs, expenses and fees associated
with providing Notice of the Default and enforcing Lessor's rights hereunder including, without
limitation, the following: the reasonable costs or removing and storing or otherwise disposing of
Lessee's or other occupant's property;the reasonable costs of cleaning, repairing, altering,remodeling or
otherwise putting the Premises into condition acceptable to a new Lessee or Lessees; advertising costs;
all reasonable expenses incurred by Lessor in enforcing or defending Lessor's rights and/or remedies,
including reasonable attorneys'fees; and a sum equal to$75 for each hour that any employee or agent of
Lessor, spends in connection with obtaining the right to relet,rendering suitable for reletting, and
attempting to relet the Premises or any part thereof.
K. Lessor's Duty to Relet. In the event of termination of possessory rights or repossession of
the Premises for an Event of Default, Lessor shall not have any greater obligation to relet or attempt to
relet the Premises, or any portion thereof, or to collect rental on the Premises after reletting than is
-15-
required by applicable law with respect to mitigation of damages; and in the event of reletting, Lessor
may relet the whole or any portion of the Premises for any period,to any Lessee, and for any use and
purpose.
L. Default by Lessor: Lessee's Remedies. In the event of any default by Lessee, Lessee's
exclusive remedy shall be an action for damages, but prior to any such action Lessee will give Lessee
written notice specifying such default with particularity, and Lessee shall thereupon have 20 days(or
such longer period as may be necessary in the circumstances) in which to cure any such default. Unless
and until Lessee fails so to cure any default under such notice, Lessee shall not have any remedy or cause
of action by reason thereof. All obligations of Lessee hereunder will be construed as covenants, not
conditions; and all such obligations will be binding upon Lessee only during the period of its ownership
of the Building and not thereafter.
M. Remedies Not Exclusive. The aggrieved party shall have such other and further legal and
equitable rights and remedies as may be provided by law, including damages.
24. NOTICES. All notices required to be given to the County hereunder shall be given by hand-
delivery or certified mail, return receipt requested, addressed to the Director of Aviation, Aspen/Pitkin
County Airport, 0233 Airport Road, Suite A,Aspen, Colorado 81611; with a copy to the Board of
County Commissioners of Pitkin County, Colorado, c/o County Manager, 506 East Main Street,Aspen,
Colorado, 81611; all notices required to be given to the Company hereunder shall be given by hand-
delivery or certified mail, return receipt requested, addressed to as specified on the signature page
hereof, provided, however,that either party hereto may designate in writing from time to time the
addresses of substitute or supplementary persons within the State of Colorado to receive such notices.
The effective date of service of any such notice shall be the earlier of the date such notice is hand-de-
livered to the other party or three(s)calendar days after proper mailing thereto.
25. WAIVERS. No waiver of default by the County of any of the terms, covenants or conditions
hereof to be performed, kept and observed by the Company shall be construed as or operate as a waiver
by the County of any subsequent default of any of the terms, covenants or conditions herein contained to
be performed, kept and observed by the Company.
26. ASSIGNMENT. The Company covenants and agrees not to assign, sublet, encumber,pledge or
transfer any of its rights in this Agreement, in whole or in part, nor grant any license or concession here-
under,without first obtaining the written consent of the County. A transfer of more than thirty percent
(30%) of the issued and outstanding capital stock of the Company(or other ownership interest in the
Company),whether by a single transaction or in the aggregate, shall be construed to be a transfer or
assignment requiring the consent hereunder.
27. AGREEMENT SUBORDINATE TO AGREEMENTS WITH UNITED STATES. This
Agreement is subject and subordinate to the terms,reservations,restrictions, and conditions of any
existing or future agreement between the County and the United States, relative to the operation or
maintenance of the Airport, the execution of which has been or may be required as a condition precedent
to the expenditure of federal funds for the development of the Airport.
28. AGREEMENT BINDING. This Agreement shall be binding on and extend to the successors and
assigns of the respective parties hereto.
29. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in
reference only and are not intended to define or limit the scope of any provision of this Agreement.
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I�
30. AGREEMENT MADE IN COLORADO. This Agreement shall be deemed to have been made
in, and construed in accordance with the laws of,the State of Colorado, and venue is agreed to be ex-
clusively within the Courts of Pitkin County, Colorado.
31. MANAGER'S AUTHORIZED REPRESENTATIVE. Wherever reference is made herein to
the "Director of Aviation or his authorized representative," or words of similar import are used, the
Board of Pitkin County Commissioners shall be such until written notice otherwise is hereafter given to
the Company.
32. NO DISCRIMINATION. The Company, for itself, its successors and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event facilities are constructed,
maintained, or otherwise operated on the property covered hereby for a purpose for which a Department
of Transportation program or activity is extended or for another purpose involving the provision of a
similar service or benefit, the Company shall maintain and operate such facilities and services in
compliance 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-assisted program so the Department of Transportation-Effectuation of Title VI of the Civil
Rights Act of 1964, and as said regulation may be amended. In addition, the Company agrees to comply
with the letter and spirit of the Colorado Anti-discrimination Act of 1957, C.R.S. 24-34-401 et seg, as
amended. That in the event of breach of any of the above nondiscrimination covenants, which breach
shall not be immediately cured,the County shall have the right to terminate the Agreement and to reenter
and repossess the license area, covered hereby and the facilities therein and thereon, and hold the same as
if said Agreement had never been made or issued. The right of termination contained in this paragraph
shall be in addition to those contained in elsewhere herein and may be exercised separately therefrom
without written notice.
This agreement is subject to the requirements of the U.S. Department of Transportation's regulations,49
CFR, Part 26, subpart G. The Lessee agrees that it will not discriminate against any business owner
because of the owner's race, color, national origin, or sex in connection with the award or performance of
any concession agreement, management contract, or subcontract, purchase or lease agreement, or other
agreement covered by 49 CFR Part 26, subpart G.
The Lessee agrees to include the above statements in any subsequent concession agreement or contract
covered by 49 CFR Part 26, subpart G, that it enters and cause those businesses to similarly include the
statements in further agreements.
33. ILLEGAL ACTS. The parties hereto aver that they are familiar with the Pitkin County
Procurement Code, C.R.S. 18-8-301 et sue, (Bribery and Corrupt Influences)and C.R.S. 18-8-401 et
sec.., (Abuse of Public Office), and that no violation of such provision is present.
34. CONFLICT OF INTEREST. The parties aver that to their knowledge, no County employee has
any personal or beneficial interest in this contract.
35. ATTORNEY'S FEES. If legal action is necessary to enforce any of the provision of this
Agreement, the prevailing party shall be entitled to its attorney's fees, plus costs, including expert witness
fees.
36. AMENDMENTS. This Agreement is agreed by the parties to represent the complete Agreement
of the parties and includes any and all prior representations, statements and agreements, whether oral or
written. This Agreement may only be amended or modified in a writing signed by both parties and
approved by the Board of County Commissioners acting at a regular meeting.
-17- /q
IN WITNESS WHEREOF,the parties have executed this Agreement, as follows:
County: Licensee:
THE BOARD OF COUNTY COMMISSIONERS SPORTS EXPRESS, LLC
OF PITKIN COUNTY, COLORADO 72 Suttle St., Suite E
Durango, CO 81303
By: YA0/
Michael Ireland, Chair FG By:
en S e, V�iL resident
Sales&Marketing
Date ) C4M 1 ,- 12001
ate
' AT T: ATTEST:
n County Clerk Corporate S cretary (SEAL)
EAL) �N cap
SEAL )*
c�..........�o
OLONA�
County's Address(for receipt Licensee's Address (for receipt
of Notices hereunder): of Notices hereunder):
SPORTS EXPRESS, LLC
c/o Director of Aviation 72 Suttle, Suite E
0233 East Airport Rd., Ste. A Durango, CO 81303
Aspen, Colorado 81611
cc: County Attorney
530 East Main Street
Aspen, CO 81611
RECOMMENDED FOR APPROVAL: APPROVED AS TO BUDGET:
wood Tom Oken
Aviation Director Director,Admin. Services
-t a-
//. qo �
kHila*
F. mith Date
County Manager
APPROVED AS TO FORM:
John Ely
County Attorney
f`
Risk Management Date
NOTE: Attached and made part of this agreement is the Required Clauses document marked as Exhibit`B"
-19- � I
EXHIBIT"B"
REQUIRED CLAUSES
For purposes of these Required Clauses,"Contractor"means Sports Express,LLC.
Contractor shall be subject to the following provisions:
1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CON-
TRACTING LAW
A. The Contractor acknowledges that this Agreement is entered into subject to the
requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home
Rule Charter,Resolution No. 82-37,April 12, 1982). As such,the Contractor agrees to comply
with all requirements of said Procurement Code, and such requirements are incorporated herein by
this reference.
B. The Contractor shall immediately notify the County Manager in writing of any violation of
said Code or statutes by the County's employees or agents,which violation(s) is known or should
have been known by him,and failure to so notify the County of any violation(s)within five(5)
days of knowledge of such violations shall be considered a breach of this Agreement. Further,
such failure to notify the County of violation of the Procurement Code or statutes within five(5)
days of knowledge shall be deemed as a waiver of any action or defense that the Contractor may
have against the County by reason of such violation of the Procurement Code or statutes.
2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES,KICKBACKS AND
CONFLICT OF INTEREST
A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission,percentage, brokerage,or contingent fee,excepting bona fide
employees or bona fide established commercial or selling agencies maintained by the Contractor
for the purpose of securing business.
B. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee
of Pitkin County a gratuity or any offer of employment in connection with any decision,approval,
disapproval,recommendation,preparation of any part of a program requirement or a purchase
request, influencing the content of any specification or procurement standard, rendering of advice,
investigation, auditing,or in any other advisory capacity in any proceeding or application, request
for ruling,determination,claim or controversy, or other particular matter,pertaining to this
Agreement,or to any solicitation or proposal therefor.
C. Gratuity means a payment, loan, subscription,advance deposit of money, services,or
anything of more than nominal value,present or promised,unless consideration of substantially
equal or greater value is received.
D. Kickbacks Prohibited. It shall be a breach of Agreement for any payment, gratuity,or offer
of employment to be made by or on behalf of a subcontractor under a contract to the prime
contractor or higher tier subcontractor or any person associated therewith,as an inducement for
the award of a subcontract or order. The Contractor is prohibited from inducing, by any means,
any person employed under this Agreement to give up any part of the compensation to which
he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and
federal "anti-kickback" statutes or regulations.
-20-
E. Conflict of Interest Prohibited. No official,officer,employee or representative of the
County during the term of this Agreement or one(1)year thereafter shall have any interest,direct
or indirect, in this Contract or the proceeds thereof. (Additional restrictions on present and former
employees of County are found in Article 7 of the Procurement Code).
F. Sub-Contract Clause. The prohibitions against contingent fees,gratuities,kickbacks and
conflict of interest prescribed in this Agreement shall be made a condition of and conspicuously
set forth in every sub-contract and solicitation therefor.
G. Conspicuously means written in such special or distinctive format,print,or manner that a
reasonable person against whom it is to operate ought to have noticed it.
H. Remedies. In addition to other remedies it may have for breach of the prohibitions against
contingent fees,gratuities,kickbacks and conflict of interest,the County shall have the right to:
(1) Terminate this Agreement without liability by the County;
(2) Debar or suspend the offending parties from being a contractor or sub-contractor under
County contracts;
(3) Deduct from the contract price or consideration,or otherwise recover,the value of anything
transferred or received by the Contractor;and
(4) Recover such value from the other offending parties.
3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/M NORITY/WOMEN
BUSINESS ENTERPRISES(DBE/MBE/WBE)
A. Pursuant to local, state and/or federal anti-discrimination and affirmative action programs,
contractor shall meet all applicable requirements with respect to employment and subcontracting
in connection with Disadvantages/Minority/Women individuals and enterprises
(DME/1BE/WBE).
B. In connection with the execution and administration of this Agreement,and any
subcontracts,the Contractor shall not discriminate against any employee or applicant for
employment because of race,religion,color, sex,national origin,age,handicap or status as a
veteran.
C. In connection with the performance of this Agreement,the Contractor will cooperate with
the County in meeting the County's commitments and goals with regard to the maximum
utilization of disadvantaged,minority and women business enterprises and will use its best efforts
to ensure that such business enterprises shall have the maximum practicable opportunity to
compete for employment and/or subcontract work, if any, under this Agreement.
D. The Contractor will furnish all necessary information and reports and will permit access to
its books,records, and accounts by Pitkin County for purpose of investigation to ascertain
compliance with the nondiscrimination/affirmative action provisions of any resultant contract.
E. Employment Data and Affirmative Action Plan. If requested,the Contractor agrees to
submit on an Employment Data Form to be provided by the County,the data showing the
utilization of disadvantaged persons, minorities and women by job category within its
organization. Where the Contractor has fifty(50)or more employees or it is participating in con-
tracts with the County,which exceed Fifty-Thousand($50,000.00)Dollars, an Affirmative Action
_21_ �3
Plan must be submitted to the County when requested by the County Attorney's Office within ten
(10)days after selection.
F. Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination/affirmative action provisions of any resultant contract,Pitkin County shall
impose such contract sanctions as it may determine to be appropriate, including,but not limited
to:
(1) Withholding of payments under the Agreement until the Contractor complies,
and/or
(2) Cancellation,termination,or suspension of the Agreement, in whole or in part.
4. INTEGRATION AND MODIFICATION
A. The Agreement constitutes the full and complete agreement of the parties and supersedes or
incorporates any prior written and oral agreements of the parties. In addition,the Contractor
understands that unless the contract is for goods or services of a value less than $50,000,no
County official or employee,other than the Board of County Commissioners acting as a body at a
Board meeting, has authority to enter into a contract or to modify the terms of the Agreement on
behalf of the County. Any such contract or modification to this Agreement must be in writing and
be executed by the parties hereto.
B. With respect to change orders under the Agreement,the County and the Contractor shall
process and approve/disapprove requests for change orders as otherwise provided in this
Agreement, subject to the requirements of the Procurement Code and the Finance Office.
5. EXEMPTIONS AND PREFERENCES
A. All purchases of construction or building or any other materials for this Agreement shall
not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is
exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
B. Pursuant to state statute and to the extent permitted by law,Colorado labor shall be
employed to perform the work to the extent of not less than eighty percent(80%)of each type or
class of labor employed on such project;except for highway construction,which is subject to
C.R.S.43-2-208,which provides that all laborers shall be bona fide residents of Colorado with a
preference to residents of the County where the work is performed.
C. Preference is given,to the extent permitted by law,to: materials, supplies and provisions
produced,manufactured or grown in Colorado,quality being at least equal to materials, supplies
and provisions from outside the state; and to local(Roaring Fork Valley) services and labor of
quality at least equal to non-local services and labor.
6. RECORDS
The Contractor shall maintain comprehensive,complete and accurate books,records,and
documents concerning its performance relating to this Agreement for a period of three(3)years
after final payment under the Agreement and the County shall have the right within the three(3)
year period to inspect and audit these books,records and documents, upon demand, in a
reasonable manner and at reasonable times, for the purpose of determining,by accepted
-22-
/ �
accounting and auditing standards,compliance with all provisions of the Agreement and
applicable law.
7. GOVERNMENTAL IMMUNITY
Contractor agrees and understands that Pitkin County is relying on and does not waive,by any
provision of this Agreement,the monetary limitations or terms(presently$150,000.00 per
person and$600,000 per occurrence)or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act,24-10-101, et. seq., C.R.S., as from time to time
amended, or otherwise available to Pitkin County or any of its officers, agents or employees.
Further,nothing in these Required Clause or the Agreement shall be construed or interpreted to
require or provide for indemnification of the Contractor by the County for any injury to any
person or any property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
8. CURRENT YEAR OBLIGATIONS
The parties acknowledge and agree that any payments provided for hereunder or requirements for
future appropriations shall constitute only currently budgeted expenditures of Pitkin County.
Pitkin County's obligations under this Agreement are subject to Pitkin County's annual right to
budget and appropriate the sums necessary to provide the services set forth herein. No
provisions of the Agreement shall constitute a mandatory charge or requirement in any ensuing
fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Agreement
shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or statutory debt
limitation. This Agreement shall not directly or indirectly obligate Pitkin County to make any
payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions
of this Agreement shall be construed to pledge or create a lien on any class or source of Pitkin
County's moneys, nor shall any provision of this agreement restrict the future issuance of Pitkin
County's bonds or any obligations payable from any class or source of Pitkin County's money.
-23-
NOTICE OF AWARD
Date: October 31, 2001
TO: Sports Express, LLC
Pitkin County, having duly considered the Proposal submitted on October 18, 2001 for the
office/counter space in the airport terminal building covered by the Contract Document titled
License and Use Agreement, Commercial Counter/Office Space for the monthly rent amount of
$501.10, and it appearing that the Price and other information in you Proposal Form is fair,
equitable and to the best interest of the County, the offer in your Proposal Form is hereby
accepted.
In accordance with the terms of the Contract Documents, you are required to execute the
Agreement in three copies within ten(10) consecutive days from and including the date of this
Notice of Award.
In addition you are required to furnish and the said time Certificate of Insurance evidencing
compliance with the requirement for insurance as stated in the Contract Documents one copy to
Airport Administration Office and the other copy to Risk Management, 530 E Main, 2"d Floor,
Aspen CO 81611 or faxed to 970-920-5049.
PIT TY y-n 1 -
B, C
(staff) (title)
++++++......++++ACCEPTANCE OF NOTICE+++++++++++++++++
Receipt of the above Notice of Award is hereby acknowledged
B /f this day ofke7d, 2001.
Tit l t
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For: Sports Express,LLC ..... ...... McNamara Company . .... ..... ... .
Ron Kuhns r r ~e.mcnamaracompany.com
5065 Westhelmer,Ste 818 1330 East Highway 98
Houston,TX St Paul,MN
77056 713b81-1159 55110 651-426-0607
_._.:::M1Wnt O0n1p0i1K:; ... .... ,RO1KyIia ii: !f Ei ;:, - TrLahiiiur
Commercial Application American States Insurance CO 02BO8911632 11/10/00 11/10/01 350.00
Pmmiss001 Building 001
0233 E.Airport Road
Aspen CO
81611
Property American States Insurance CO 02BOB911632 11/10/00 11/10/01 0.00
Premises 001 Building 001
Contents 11000
Cans% 90
Valuation RC
Cause of Loss Special
Deductible 250
Bus Income 12 month.
Sewnr/Draln 3,000
Additional Coverages
Ordinance or Law-ALS
General Liability American Steles Insurance Co 02BOO911632 11/10/00 11/10/01 0.00
Occurrence
General Aggregate 21000,000
Products/Completed Oper.Aggr. 2,000,000
Personal 6 Advertising Injury 11000,000
Each Occurrence 1,000,000
Fire Damage(Any One Fire) 50,000
Medical Expense(Any One Person) 10,000
Glass and Sign American States Insurance Cc 02BOO911632 11/10/00 11/10/01 0.00
Business Auto American States insurance Cc 02BOO911632 11/10/00 11/10/01 0.00
Liability
CSL 1,000,000
Physical Damage
Comprehensive
Collision
Hired Auto Physical Damage
Comprehensive Deductible 100
Collision Deductible 250
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For: Sports Express,LLC McNamara Company
Ron Kuhns www.mcnamancompany.com
5065 Wastheimer,Ste 818 1330 East Highway 96
Houston,TX St Paul,MN
77059 713-661.1159 55110 651-426-0607
(:4vetage. <". ",:..Amount: "OOMPA!1Y: . .. >:Po0cyN0 "`.::;: .:!::Fif `)::FaW� Rlethiiln
Crime American States Insurance Cc 02DO8911632 11/10/00 11/10101 0.00
Employee Dishonesty 50,000
Deducible 0
Blanket
Forgery or Alteration 5,000
Deducible o
Robbery d Safe Burglary
Money 8 Securities
Inside Premises 10,000
DeducOble 250
Outside Premises 51000
Deductible 250
Accounts Receivable American States Insurance Cc 02DO8911632 11/10100 11/10/01
Your Premises(Ind Brandies) 25,000
Valuable Papers
Your promises; 25,000
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S A'F E C Or AMERICAN ECONOMY INSURANCE COMPANY PAGE 1
INDIANAPOLIS, INDIANA
ULTRA SELECT
NAMED SPORTS EXPRESS, LLC RENEWAL DECLARATIONS
INSURED 0233 EAST AIRPORT ROAD
AND ASPEN AIRPORT POLICY NUMBER 02-BO-891163-2
MAILING ADDRESS ASPEN, CO 81611 RENEWALOF 02-BO-891163-1 11-99
AGENT MCNAMARA COMPANY
NAME 1330 HIGHWAY 96 E
AND
POLICY PERIOD FROM 11-10-00 TO 11-10-01 12.01 AM ADDRESS ST PAUL, MN 55110
STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE,
FORM Of INDIVIDUAL 22-54485 (651) 426-0607
BUSINESS:
TOTAL ANNUAL PREMIUM
DUE ON EFFECTIVE DATE: . $350.00
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU
TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY,
THIS RENEWAL SERVES THE SAME PURPOSE AS WRITING A NEW POLICY WITH THE SAME PROVISIONS, CONDITIONS AND
INSURING AGREEMENTS. THE POLICY DECLARATIONS EXTENSION WHICH FOLLOWS, LISTS ALL OF THE FORMS THAT APPLY TO
YOUR RENEWAL AND THOSE IF ANY, WHICH NO LONGER APPLY. ONLY NEW OR REVISED FORMS ARE ATTACHED TO THIS
RENEWAL.YOU MUST ADD THEM TO YOUR PRIOR POLICY.
ADDITIONAL INSURED
ASPEN/PITRIN COUNTY AIRPORT
PREMISES 001 AIRPORT ROAD
ASPEN, CO 81611
- COUNTERSIGNATURE
(DATE) By
.(AU HURIZED R A IVE)
9-BP(11-91) D
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CHICAGO(A) 08 (CARRA) INSURED COPY PREPAREU 09-13-00 (BONMO)
pnG13.PH Mi�1.1f�4.rcM.!a
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PAGE
POLICY DECLARATIONS EXTENSION
NAMED INSURED: SPORTS EXPRESS, LLC POLICY NUMBER: 02-BO-891163-2
THE FOLLOWING FORMS CURRENTLY APPLY TO THIS POLICY (CONTINUED FROM PREVIOUS PAGE):
31
9-5P (11-88) CMICAGO(A) 08 (CARRA) INSURED COPY PREPARED 09-13-00 (BDNMO)
C AG-0rPFINTfN JF?c.'x11.:A
b 'd 1-16L-2CS-CIL- I dfomS IOb dL2 :2T TO SO AQFl
PAGE
POLICY DECLARATIONS EXTENSION
NAMED INSURED: SPORTS EXPRESS, LLC POLICY NUMBER' 02-BO-891163-2
PREMISES 110233 EAST AIRPORT ROAD CONSTRUCTION: FIRE RESISTIVE
BUILDING 1 I ASPEN AIRPORT OCCUPANCY: POST OFFICE/NAILING SERVICES
ASPEN, CO 81611
APPLICABLE TO THESE PREMISES LIMITS OF INSURANCE
EXCEPT WHERE NOTED BELOW, A DEDUCTIBLE OF $ 250 APPLIES
BUSINESS PERSONAL PROPERTY $ 1,000
BUSINESS INCOME (NOT EXCEEDING 12 CONSECUTIVE MONTHS) ACTUAL LOSS SUSTAINED
DEDUCTIBLE: NONE
TENANTS LIABILITY SEE BUSINESS LIABILITY
DEDUCTIBLE: NONE
OUTDOOR SIGNS (DEDUCTIBLE: $ 250) $ 7,500
MONEY AND SECURITIES (DEDUCTIBLE: $ 250) :
INSIDE THE PREMISES $ 10,000
OUTSIDE THE PREMISES $ 5,000
ACCOUNTS RECEIVABLE $ 25,000
VALUABLE PAPERS AND RECORDS $ 25,000
SEWER OR DRAIN BACK—UP $ 5,000
ORDINANCE OR LAW SEE ENDORSEMENT
e
9-BP (11-88) CHICAGO(A) 08 (CARRA) INSURED COPY PREPARED 09-13-00 (BUNMO) 3
C-AG-1!PRINT= a.'a
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PAGE
POLICY DECLARATIONS EXTENSION
NAMED INSURED: SPORTS EXPRESS, LLC POLICY NUMBER: 02-BO-891163-2
THE FOLLOWING FORMS CURRENTLY APPLY TO THIS POLICY:
IL0003(0689) CALCULATION OF PREMIUM BP0006(0197) BUSINESSOWNERS LIABILITY COVER
BP0009(0197) BUSINESSOWNERS COMMON POLICY C . ILO228(1089) COLORADO CHANCES
IL7201(0392) COMPANY COMMON POL CONDITIONS IL0169(0293) COLORADO CHANGES, CONCEALMENT
BP8068(0598) EXCLUSION - ASBESTOS BP8029(1296) AGGREGATE LIMITS OF INSURANCE
BP0417(0196) EMPLOYMENT-RELATED PRACTICES E BP0455(0197) BUSINESS LIABILITY COVERAGE -
BP1004(0498) EXCLUSION OF COMPUTER RELATED 6-3756(1298) ADVISORY NOTICE TO POLICYH
BP0002(1299) BUSINESSOWNERS SPECIAL PROPERT BP7635(0598) BUSINESSOWNERS ULTRA PLUS LIAR
BP7076(0598) SELECT ULTRA PROPERTY BP0402(1097) ADDL INS-MANAGE-LESSOR OF PREM
BP0404(0196) HIRED AUTO AND NON-OWNED AUTO BP0430(0196) PROTECTIVE SAFEGUARDS
BP7058(0593) HIRED AUTO PHYSICAL DAMAGE BOP 6-4597(0900) SPECIAL NOTICE TO POLICYHO
BP8094(0499) NON OWNED AUTO LIAB-AMEND ENDT
THE FOLLOWING FORMS NO LONGER APPLY TO THIS COVERAGE:
- BP0002(0197) BUSINESSOWNERS SPECIAL PROPERT
S-BP (11-88) CHICAGO(A) 08 (CARRA) INSURED COPY PREPARED 09-13-00 (BONMO) 33
{.r.G>>PetNiGvp.g<SC01-1e
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AMERICAN ECONOMY INSURANCE COMPANY PAGE 1
S A F E C O° INDIANAPOLIS, INDIANA
ULTRA SELECT
NAMED SPORTS EXPRESS, LLC I AMENDED DECLARATIONS
INSURED C/O RON KUHNS EFFECTIVE: 04-27-01
AND 5065 WESTHEIMER RD STE 818 POLICY NUMBER 02-BO-891163-2
MAILING ADDRESS HOUSTON, TX 77056 RENEWALOF 02-BO-891163-1 11-99
AGENT MCNAMARA COMPANY
AND
1330 HIGHWAY 96 E
POLICY PERIOD FROM 11-10-00 TO 11-10-01 12:01 AM ADDRESS ST PAUL, MN 55110
STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE.
22-54485 (651) 426-0607
FORM OF INDIVIDUAL
BUSINESS:
THE CHANGE IN YOUR POLICY RESULTS IN A RETURN PREMIUM OF $1,041.67.
REDUCING BUSINESS PERSONAL PROPERTY LIMIT TO 500,000 AND INCREASING COMPUTER
EQUIPMENT COVERAGE TO 350,000.
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU
TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
ADDITIONAL INSURED
ASPEN/PITKIN COUNTY AIRPORT
PREMISES001 AIRPORT ROAD
ASPEN, CO 81611
THE FOLLOWING FORMS CURRENTLY APPLY TO THIS POLICY:
y IL0003(0689) CALCULATION OF PREMIUM BP0006(0197) BUSINESSOWNERS LIABILITY COVER
8P0009(0197) BUSINESSOWNERS COMMON POLICY C IL0228(1089) COLORADO CHANGES
IL7201(0392) COMPANY COMMON POL CONDITIONS IL0169(0293) COLORADO CHANGES, CONCEALMENT
BP8068(0598) EXCLUSION - ASBESTOS BP8029(1296) AGGREGATE LIMITS OF INSURANCE
BP0417(0196) EMPLOYMENT-RELATED PRACTICES E BP0455(0197) BUSINESS LIABILITY COVERAGE -
BP1004(0498) EXCLUSION OF COMPUTER RELATED 6-3756(1298) ADVISORY NOTICE TO POLICYH
BP0002(1299) BUSINESSOWNERS SPECIAL PROPERT BP7635(0598) BUSINESSOWNERS ULTRA PLUS LIAR
BP7076(0598) SELECT ULTRA PROPERTY BP0402(1097) ADDL INS-MANAGE-LESSOR OF PREM
BP0404(0196) HIRED AUTO AND NON-OWNED AUTO BP0430(0196) PROTECTIVE SAFEGUARDS
BP7058(0593) HIRED AUTO PHYSICAL DAMAGE BOP BP8094(0499) NON OWNED AUTO LIAR-AMEND ENDT
BP7092(0598) BUSINESSOWNERS SPECIAL MINI CO BP8105(0599) MECH. ELEC. PRES. SYS. BREAKDO
COUNTERSIGNATURE
BY
— (UATt) —
9-BP(11-88)
COMPANY USE ONLY
CHICAGO(A) 08 (CARRAD) INSURED COPY PREPARED 06-05-01 (BONMON) AC
r,AGd ffllfl LI-]721-0 L,
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PAGE 2
POLICY DECLARATIONS EXTENSION
NAMED INSURED: SPORTS EXPRESS, LLC POLICY NUMBER: 02-BO-891163-2
THE FOLLOWING FORMS CURRENTLY APPLY TO THIS POLICY (CONTINUED FROM PREVIOUS PAGE):
x
37
8-BP (11-88) CHICAGO(A) 08 (CARRAD) INSURED COPY PREPARED 06-05-01 (BONMON)
C-AG O3.PR.nTM1.37:1L jL
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PAGE 3
POLICY DECLARATIONS EXTENSION
NAMED INSURED: SPORTS EXPRESS, LLC POLICY NUMBER: 02-BO-891163-2
PREMISES 1 0233 EAST AIRPORT ROAD CONSTRUCTION: FIRE RESISTIVE
BUILDING 1 ASPEN AIRPORT OCCUPANCY: MAILBOX AND PACKAGING STORES
ASPEN, CO 81611
APPLICABLE TO THESE PREMISES LIMITS OF INSURANCE
EXCEPT WHERE NOTED BELOW, A DEDUCTIBLE OF $ 250 APPLIES
BUSINESS PERSONAL PROPERTY $ 1,000
BUSINESS INCOME (NOT EXCEEDING 12 CONSECUTIVE MONTHS) ACTUAL LOSS SUSTAINED
DEDUCTIBLE: NONE
TENANTS LIABILITY SEE BUSINESS LIABILITY
DEDUCTIBLE: NONE
OUTDOOR SIGNS (DEDUCTIBLE: $ 250) $ 7,500
MONEY AND SECURITIES (DEDUCTIBLE: $ 250) :
INSIDE THE PREMISES $ 10,000
OUTSIDE THE PREMISES - $ 5,000
ACCOUNTS RECEIVABLE $ 25,000
VALUABLE PAPERS AND RECORDS $ 25,000
SEWER OR DRAIN BACK-UP $ 5,000
ORDINANCE OR LAW SEE ENDORSEMENT
9-BP (11-88) CHICAGO(A) 08 (CARRAD) INSURED COPY PREPARED 06-05-01 (BONMON)
GAGb4MWWIa7N-M-L
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PAGE
POLICY DECLARATIONS EXTENSION
NAMED INSURED: SPORTS EXPRESS, LLC POLICY NUMBER: 02-BO-891163-2
PREMISES 2 172 SUTTLE ST STE E CONSTRUCTION: JOISTED MASONRY
BUILDING 1 DURANGO, CO 81303 OCCUPANCY: MAILBOX AND PACKAGING STORES
APPLICABLE TO THESE PREMISES LIMITS OF INSURANCE
EXCEPT WHERE NOTED BELOW, A DEDUCTIBLE OF $ 250 APPLIES
BUSINESS PERSONAL PROPERTY $ 500,000
BUSINESS INCOME (NOT EXCEEDING 12 CONSECUTIVE MONTHS) ACTUAL LOSS SUSTAINED
DEDUCTIBLE: NONE
TENANTS LIABILITY SEE BUSINESS LIABILITY
DEDUCTIBLE: NONE
OUTDOOR SIGNS (DEDUCTIBLE: $ 250) $ 7,500
MONEY AND SECURITIES (DEDUCTIBLE: $ 250) :
INSIDE THE PREMISES $ 10,000
OUTSIDE THE PREMISES -- $ 5,000
ACCOUNTS RECEIVABLE $ 25,000
VALUABLE PAPERS AND RECORDS $ 25,000
MINI COMPUTER COVERAGE:
EQUIPMENT $ 350,000
ACTIVE DATA PROCESSING MEDIA $ 105,000
EXTRA EXPENSE $ 5,000
MINI COMPUTER MECHANICAL BREAKDOWN (DEDUCTIBLE: $1000) INCLUDED
MECHANICAL, ELECTRICAL AND PRESSURE SYSTEMS BREAKDOWN $ 500,000
SEWER OR DRAIN BACK-UP $ 5,000
ORDINANCE OR LAW SEE ENDORSEMENT
S-BP (11-9B) CHICAGO(A) OB (CARRAD) INSURED COPY PREPARED 06-05-01 (SONMON)
GnG3 FINTW13221-0C L
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PAGE 5
POLICY DECLARATIONS EXTENSION
NAMED INSURED: SPORTS EXPRESS, LLC POLICY NUMBER: 02-HO-891163-2
APPLICABLE TO ALL PREMISES YOU OWN, RENT OR OCCUPY LIMITS OF INSURANCE
BUSINESS LIABILITY:
LIABILITY AND MEDICAL EXPENSES $ 1,000,000
MEDICAL EXPENSES (ANY ONE PERSON) $ 10,000
AGGREGATE LIMITS:
PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ 1,000,000
ALL OTHER INJURY OR DAMAGE (ALL OCCURRENCES) $ 2,000,000
HIRED AUTO AND NON-OWNED AUTO LIABILITY SEE BUSINESS LIABILITY
HIRED AUTO PHYSICAL DAMAGE $ 50,000
DEDUCTIBLE: $100 COMPREHENSIVE $250 COLLISION
EMPLOYEE DISHONESTY (DEDUCTIBLE: NONE) $ 50,000
FORGERY OR ALTERATION (DEDUCTIBLE NONE) $ 5,000
TOTAL TERM PREMIUM $ 4,995.00
9-8P (11-BB) CHICAGO(A) 08 (CARRAD) INSURED COPY PREPARED 06-08-01 (BONMON)
C-AQ�RINTD .3721{ 1-L
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PAGE 4
POLICY DECLARATIONS EXTENSION r
NAMED INSURED: SPORTS EXPRESS, LLC POLICY NUMBER: 02-HO-891163-2
APPLICABLE TO ALL PREMISES YOU OWN, RENT OR OCCUPY LIMITS OF INSURANCE
BUSINESS LIABILITY:
LIABILITY AND MEDICAL EXPENSES $ 1,000,000
MEDICAL EXPENSES (ANY ONE PERSON) $ 10,000
AGGREGATE LIMITS:
PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ 1,000,000
ALL OTHER INJURY OR DAMAGE (ALL OCCURRENCES) $ 2,000,000
HIRED AUTO AND NON-OWNED AUTO LIABILITY SEE BUSINESS LIABILITY
HIRED AUTO PHYSICAL DAMAGE $ 50,000
DEDUCTIBLE: $100 COMPREHENSIVE $250 COLLISION
EMPLOYEE DISHONESTY (DEDUCTIBLE: NONE) $ 50,000
FORGERY OR ALTERATION (DEDUCTIBLE NONE) $ 5,000
TOTAL TERM PREMIUM $ 350.00
9-BP (11-88) CHICAGO(A) 08 (CARRA) INSURED COPY PREPARED 09-13-00 (SONMO)
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