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Home My WebLink Aboutbocc.con.023.1981 r. ,,i,' _:...5 . - . ` �1 ...� � �'� b g �.rs' !�;�:�'_.ar,� .-.,_�,..�;,...•,,�, .•_. .. ;.� , . -i-> .,,�- ,i. r r .-ti f^.. , _ f �-. .'S�r�c' .''�'�Gd�i':�illti.94"?a�sltne.l9�4±6'!�!$.(:�`_i�.=. e. .'!w..b!��u!�irv.,'ds.xc�.F.#i��J:Sjin�iher.fi�il`�,Jv.v �..�-irhFt.�.�`ttf!?.�k� t�1! �i � � • . . . . ) 1 ' ..�. , ,'' , • �q!� ',r �y;3 Si':. 1�.=+1��i .. CA 23(81) USE AND LL•T�S� AGREEMPNT . • THIS, AGREGM�hT, macie and entered into this �1"3 day of APRIL � 19g1, by �nd between the BOARD OF COUNTY . � COMMISSZON.ERS OF PITKIN COUr;TY, COLOR1lDU,, hereinafier referred tp as.the "County," Yart� of the First Part, and Automobile Alternatives, American International , • ' ' Inc., dba Rent - A - Car � , a corporation organized and existing under and by virtue of the laws of the State oE �� Colorado , hereinafter referred to as the "Cornpany", � Party of the Second Part • � •� . • W I T N E S S E T H: ' � WHEREAS, the County now o�ms and operates the Aspen/Pitkin � �• t � Couhty I,irport at Aspen, Colorado, known as "Sardy Field" � ' (hereinafter sometimes rePerred to.as such or as the "Airport"), and � • �:: WHEREAS, the Company is engaged in the principal busine�s . �;. of renting automobiles for hire to others; and • -- WHEREAS, the convenience of travellers using said Airport is ' � _, served by rental of automobiles for their business and pleasure � while in the County of Pitkin; and � :€` WHEREAS, the Company is willing to provide the service of renting automobiles to the public at the Airport, upon the -terms k [.. • and conditions hereinafter set forth. NOW, THEREFO�E, for and in consideration of the mutual covenants and agreements hereinafter contained, it is hereby � agreed by and betwean the parties hereto as follocas: � . . 1. Area: The County hereby qrants unto the Company the right to • ! occupy and use a portion oE the center waiting area of the Terminal ( Buildinq, Aspen/Pitkin County Airpart, F�spen, Colorado, whickr � 1 area (�howa as Spac� p�"), contaiZing y'ppr� - f►��o ' • ` ( !�'L ) �quare feet of f.loor space, mor� or le��, and cros�- hatchcd in r�ci on che <<tl•;ichcd drmain�l, �aicl drnw.i.nq bcing marked -1- �''�-� ' , F �'�+.4.ww��._._...e.—.........+c .v�:v cr�r �'.:��.. . .-._... ... � .�3r..«.. ....«'1Cri.�#C'S':tS.k'�i.�-iNn:.�i�... _....._,.:i.�r•..:CL'��_z�i':..,-_wakwJi�rci�.��'��.. �7. , . y��•..l-�_. � �{� � ' . ' 1 ��ip,ri:: �'�. • �• ��i:rS,"+:�:... �; "Exhibit A" and incorporated hcrcin by referencc and madc a part �`"��'`' ' .� � , � �� hereof. The Company may alEO use a portion of the. �xclusive Rent- �''� a-Car par.king 2ot area consisting of �a�5oo square feet and cross- hatched in red on the attached drawing marked :'Exhibit'B" and � i incorporated by this reference. • j �r . . of this a reement shall be five I� _ 2. Term of Agreement: The term g � � = . (5) years commencing on June lst � , 1981, and ending on tiay 31, , 1986, unless cancelled and/or ' : ' terminated as hereinafter provided. The County agrees that it � �; q will extend the term o� this agreement for one (only} additional i� five (5) year term in the event that, at the expiration of the F' term of this agreement, there shall be unavailable any comparable . �'� site within the Aspen-to-Airport area for relocation of the ' � . company`s rental car business (unless, within the term of this . I�'' � Agreement, the Company shall, pursuant to Paragraph 36 of this �� . �i:: :4 Agreement, susp=nd payment of the Minimum Guarantee for a total ' �,'' of twenty (20) months�or more). An area shall be deemed "Com- � f' �� parable" if there is available existing and permitted floor space � , l+:. � ! and parkinq areas similar to i:hose herein.contracted for, and � , � , at rates comparable to those herein specified. The site shall � be deemed "comparable" even though the company must make capital �i= , �'- .eapenditures for the construction of car wash or other garage !� ;� - . , facilities. - . . - -- =- - _-.... i ` „ .... _ . ._ . •--- -� .. . . � ' . j '_ , 3. Use of Premisas: The County hereby grants to the Company the { , �� right and privilege to occupy the premises described above, together with the necessary rights of ingress thereto and egress , � !: therefrom, for the sole purpose of operating at the Airport a ; b non-exclusive concession for the rental of motor v�hicles to the .�I; '�' � gublic. As used herein, the term "motor vehicles" shall include � only those commonly classified as sedans, coupes, convertibles, �� . � station wagons, 4-wheel drive vehicles and pick-up trucks which ' shall not include trucks rated one (1) ton or more (which ' , � . . , I? shall not be rented.to the public). The Company agrees to furnish all • 1 • personncl, equipment and supplicd necessary to operate said concession and ' � -2- *ncrd not Ue con::uctii•i v�. � I �'-�ry;.i`>�` " �, _� "� , „� � �>i . 4 M K,::'...;�^.r7�,l�fT,�4:Ja . � . f� � �'y 1`4..�V?.t�- . ; Fi!._.y . � CKt 4 .. `1tl � ^S jsff.>:: �i:;, , .. ';� . , _`..: �:I . � iurthcr agrees to usc the nbove described premises for the purpose ; �i i stated only, unle's� otherwise authorized in writing by the hirport �. Manager and for no other purpose whatsoever. The Compafly shall �' not install or operate in or on the premises any vending machine, � food stand, soft drink, candy or.cigarette dispenser, or any � like concession or device offering products for sale to the public � or to its customers. No display or device shall be installed upon � . the demised premises which in,any way obstructs the public yiew of - another concession. � • • + It is understood that the Company, and any additional rent � car encies operating at the airport,. shall install, at t ir '� • expense, vehicle washing machine'within the present unty � vehicla wash ack ar2a, to be made available to th County, the � Company, and suc other agencies, for the purp e of washing and 1 cleaning their vehic es. Times of use of e washing facility .� �- for each party s,hall be t and agree pon in writing (by a �#�, separate agreement) which ma be ended from time to time. There. � � shall be no charqe to the Cou y the Company, or other such . t: . � agencies, for the use of e washing acility, except that a �ro . �. . . . . . ._ � rata share of the mon ly utility charge (electiicity, natural _ -- -.. .. . _ .. . _ . . . - -- `, �. gas, water, etc.) and maintenance and repair harges necessary `. for the oper ion of said washinq f.acility shall e borned by the � County, e Company and any such additional rental c agencies. Owne hip of said washing equipment shall revert to the unty - . ,. on completion of installation. Further., the Company shall not commit, nor, when called to i the attention of the Company, permit any nuisance to arise from . or relate@ to rights granted herein. . . -. _ . _ . .. _ _ �; I 9. Use of AirporE RoadNays and Parking Areas: (a} For the � � � conduot of the permitted Company activities including the rights � � � . of egress and ingress, the Company may use (as required only) � their exclusive "rental car" parking area (�xhibit B) for delivery . l and return of their •vchicles to rental customers who have ordered, ' • . I � . - . i '� rented, or returncd thc vehicle. Tn no casc shall the Company � ' use any other zrea for vchicic �tor.lc�e. , -3- si ;c1�. ,�ZS . , . t`�' i:�:``�`'j'i' ' �`' "�� J � ��._ .s , r� ';'fi;� , . f�,,,s r-'+rf��...�-�+r.�.da�.."yi t�.i'!.i.�'2�.iaKi.Mt,''i�w�LID_t+r ...... .. _ ...Je�:a... s'.:nfiti2^Rsfi..S!7Y:?C'..G::.,:��..,.:^i:_........n.t.c•�srs...r-�e.. . ;— .-. ,yp`'t r f ,^ t'. �� . , . [�y�.:. i� �. �'� Employee parking of their own priv�te vehicles will only be �;. permitted in the Company's exclusi.ve use area (Exhibit B) and in . • no case be .permitted in any other airport parking lots or roadways. � r (b) The County shall, subject to i�ts primary obJ.igation to Ly . . _ . . . . . maintain clear .roads and runways, remove snow from� those areas _ ";'-� ihcluded in this lease which are open to �ublic use and which .1 are used for storage, parking and passage of vehicles, provide3 _that, the County need not engage in the movement of parked vehicles • x to accomplish such snow removal. The parties agree that such /� . . _ . , i� ";: snow removal under and about such vehicles shall be the responsi- ; ' �'�' bility of the Company. � � � . �: � 5. Compensation and Fees: The Company covenants and agrees to _ � � pay to the County and the County hereby reserves unto itself, as � � �> compensation hereunder for the rights and privileges herein granted, - a. sum equal to ten per cent (10$) o£ the Company's annual "gross � ,t� _ • zevenues" derived from its operations hereunder, or a minimum � �1. � annual guaranteed sum, �hichever may be greater. The minimum ,,;; :� _. .. , s>':. annual guarantee for the first year of ttie five-year period "„� shall_be +�✓B�oao=:aa=. ' ' sf:, _ . _ ::;�; . This minimum guarantee shall be adjusted '� annuai-y to J�^� an. amount equal to eight per cent (8�)_of'the revenue generated �ax � by_the Company._at:the Airport in the next previous year. Aowever, in no_event will the minimum guararitee in any succeeding yea� be less �k . . .. ,;w:: ' �han that oi the next previous year. AS used herein, the term .-R�iV... _ _. ._.. _ . ...._ . . -.. n "gross revenues" shall include all receipts from the rental of SF vehicles (including those that are included in air travel and : ski packaqes), fxom charges to customers for insurance coverage, �� 1 • and from all other authorized business done in, at, upon and from . said Airport,.or within five (5) miles from the Terminal Building i thereof, and tahether for cash o� for credit (regardless of col- . I . • i ' lections in the case of the l.atter), and including all orders � . , �aken by mail or by tele�hvne; but shall exclude,all recoveries � for los's, conversion or aUandonment of sai.d vehicles, receipts from• , � .. . • , �w� -9- � I i ±µ..� � �� '�x '� .__ . ..._._.r_.-'—' — � i i.�; �� ,''� ' . ti �• ,,1 E . ��., �3 �� ':�� }1 k�:"�'nv��.."`r>"�u�tiit.::tu-aFr . . . . ..- ... ,.. _Y.i4l5:+?. 7�,..T...,........F.t._::rsi._-r......:..c:�_ .....,.;y.� . ; , .�,_..�., ...,:',sm..,c'�C.F._..�� ' ..: .� �.3�:*.^- - " -�i' :,..- . �. y�9r�,;. •� . ' ' . , Y�f.. � f; �:.'t�;'- �y ' �:.:. . i the sales of vehicles, or from their lcasing from off-airpor� tj locations foz a period in excess of one year, the amount of any. federal, state ox munic•ipal sales tax separ.ately statsd.and col- ' � lected from customers, discounts as it may be the Company's national z • ' policy to yrant, charges to customers for the replacement of � __ gasoline where the vehicle .is rented orr a so-called "dry lease", � and amounts paid by customers of concessionaire separately billed ' as additional charges for waiver.by concessionaire of its right ; to recover from customers for damage to the rented vehicle� and ' droo charves. � - . �F • 6. Basic Rent: In addition to the payment of money to be made � . .{ to fhe County pursuant to the above and foregoing paregraph � _ • � �numbered 5 of this Agreement, the Company agrees to pay to the � County during the first five-year term hereof, Terminal Counter Space ' � rent at the rate of ten dollars ($10.00) per square foot per ' � - . " year, plus the sum of five cents ($,05) per.square foot per � � �' f� • r '� � -`year (increasing to ten cents--$.10--per square foot per year ; # � . �� during the second five-year period) for the Company's exclusive i{ 6 �parking area, which sums shall annually be payable in twelve (12} . . � substantially equal monthly installments, each such installment !{' I�' to be due and payable on or befoze the lOth day of each month ' ;: � of the term hereof. Notwithstanding the foregoing, the County � i' acting by and through its Airport Manager, may at intervals of �.' r, not less than one year, but subject to the requirements of any ;H; :. outstan�ing bond ordinance pertaining to the Airpor�, reestablish , the rentals foz Terminal Counter Space provided for in this paragraph numbered 6 and the County agrees that any such reestablished j" , schedule oP rentals, fees and ctiarges will be reasonable in re2.ation � to the cost of rovidin � j p g, operating and maintaining the facilities � covered hereby. The Company agrees that it wili pay rent at the rate provided in such reestablished schedule. � � ' � . : ' t • , i 15- ' � � . . • • . � • . � . . . .. .,''. , R�, �1�v= �' ' , �'� i. _l;s, i �; :7 � -, ,:��l. �s.,�s:;; ..,., •. � .-�.;.�,;�_.-T._r:.��_.,..._.._.. _.�; . __: ....._. _ ---------__------- -- ._ _ . � � F �t t ' �'�xb , .. �; ,... ;�' � . t:M1{,,%,:. ;� w iM1,F__ ':� l:.;. . -. j: 7. P�mcnt and Tit2c to County's Per.centaqe: On or before the � 20th day oE the second and each succcssi.ve month of the term o£ this Ayreement and the first month thereafter,• the Company ; shall pay to the County.an amovnt which, when'added to any previous ' � payments •for prior months of the current callendar year of the ' . • �. contract, shalZ be equaZ to -the greatear of either one-twelfth , � (1/12th) o£ the current annual minimum guarantee times the number of months elapsed in the then current.calendar year, or tMe ap- .- -. .. .._..--- • -- -- • i plicable acaumulative percentage of gross revenues received through i the then current calendar year to the end of the preceding ' , �� month. The Company agrees it will by the 20th day of each month �' with such payment submit a verified statement showing the Company's f • � gross revenue for the preceding month, said statement to be in ' form approved or required by the Airpozt Manager and the County's ' Finanae Director. . _ � _ Immediately updn the Company`s receipt of moneys from its ' {� -_.,,,:€ � � , :— activities hereunder, the percentages of said moneys beZonqing I; � � to the County under the terms of this Agreement shall be vested in � i'; . _. . - - -. . _. . . . . �: �' and become the property of the County and the Company shall be �, .. .._. _ . _ li responsible for said moneys _until the_saine .are delivered.to ___ �i 1, _the County. All overdue amounts (paragraphs .$, 6 and �_above) �- . _ .. - - - - - - - �: .shaTl accrue and bear interest.at the rate.of eighteen per cent :.: _.. : ._••--. _. - : .. _.-- -.. ....._ �.. • (18$) per annum, which interest shall be due and payahle wifhout demand. � . __ . . ,_ . - . . .. _ �_ _. - ----- - - - ----- - � - _ --. .. __-_ .� 8. Books of Account and Auditing: The Company_shall^keep�within_.. � � the.County true and complete records an@ accounts of a1Z gross revenues, and annually furnish. a true and accurate. statement_ for i . . . ._ . _. .. +'. . the preceding calendar year. of,_all such.reqenue and business _, . �. j transacted during such preceding year (showing the authorized � � deductions or exclusions in computing the amount of such gross revenue � and business transactions and the number of vehichles which are contracted � for at the Aspen/Pitkin County (Sardy Field) Airport,) which + � • . • � . . ' , ' ' . I ,`,:-.4 . . 1 " -6- . # YF�.,k, `,�� . �'; � � ::4,� .�.fi . f �a �:j � � r F �;;r,� �S x,� �c-- . fT �S'Sti�N.r�9'.t!fV.i+Ff,:t�Y:Y.ik'3C�niC�r.:.Y�4y5Wif1.l._".-y_;r�� .....i^.Z..��.>.r,.?�.i.,.�.�r..��tY`tJ:7Y..e��:,1'i�.��..,,:.:� ..._..a....�.s4+�.�vC�i!aikY.H<i�i+.�h� ' � " �' ,t . � r� ' (�, �`,F., � . �.�::_ - statement shall he ccrtified by an authorized representai•ivc of the Company to be correct. The Compsny agrees to establish and maintain a system of bookY,eeping satisfactory to L-he County•Pinance_� t Director and to give thc County's authorized representatives access � � durinq reasonable hours,to such books and records., The Company - � . � i� agrees that it'wi11 keep and preserve for at least three (3) � _ . . . " years all sales slips, rental agreements, cash register tapes, sa2es books, credit card invoices, bank books or. duplicate deposif slips, and other evidence of qross revenues and busa�ness , transacted £or such period. The County Finance Director and ?�irport ' . , la � Manager and their respective authorized representatives, shall �� have the right at any time and from time to time to audit aZ2 of ; - • the books of account, bank statements, documents, records, returns, ' papers and files of the Company reZating to aross revenues an8 � the Company, upon request by either, shall make all such ma�t::rs �� available for such examination at the premises. If the County � +�r shall make or have such an audit made for any year and the gross � : . . ;� . revenues shown by the Company's statement for such year should be � found to be understated by more than three. per cent (3�), the Company �; shall'pay the County the cost of such audit. The County`s�right ? to have such an audit made with respect to any year, and the Company's obligation to retain the above records, shall expire three (3) years after the, Company's statement for. any year shall •' have been delivered to the County. � Notwithstand?.ng the provision herein contained for the payment - by, the Company to the Cvunty of sums based upan a percentage of � _._ _ . . . ---- gross ,revenues as above provided, it is expressly understood and agreed that the County shall not be construed or held•to be a �p, partner, associate or joint venturer of the Company in the conduct of�its business,^but the Company shall at all times have the status � � of an independent contractor, without the right or authority � ; . to impose tort or coittractuai liability upan the County. � : The Company agrees that the County's Airport Manager and Finance � Director, and their authorized representztives, may inspect � ' . • i 'c � .. .. • . , -7- C� �� 'a�� y.,. �� . 1 �,y. � `x� :ro , �:+ k :��.�� ::=�:a i.�, � G�� ,� -. --__._.___..,..�r_.. -...,� . _.,. . ._. _,.-_, , :.i. , ''�i Lf,y�: � s'., any sales tax return or report, and accompanying schedules and f�, .. ii `�'.; data, �rhich the Company may £ile with thc State of Colorado pur- C�� . �,,:t� suant to tne loc�l and sL•ates sales tax law, and the Company y . waives any claim of confidenL•iality which it may have 3,n connection ' �`; therewith. . ' . ��. . . , . . t:; c;; . . 9. Place and Manner of Payments: In all instances where the Company 9.s required by this Agreemc:nt to pay any rentals, fees • or other charges or to make other money payments to the County, such payments shall. be made without demand to: Pitkin County � Treasurer's Of£ice, 506 E. Main Street, Aspen, Colorado, 81611, � . � or at such other place in the County of Pitkin as the County's `� . Ai.rport Manager may hereafter designate by notice in writing ' �' to the Compnay, and shall be made in legal tender o£ the United � States. Any check given to the County shall be recieved by it � subject to collection, and the Company agrees to pay any charge � e _ _ _ incurred by the County for such collection.. ' � '� #�f •T8 Gasoline Stora e Facilities: For the purpose of £ueling th ' � ` own vehic the Company may, at its own expense, i 1 an•: ' �,,; � underground fuel sto �e tank arid pump s - n not to exceed 10,000 � , f�� gallons within their exclusive ing lot area (Exhibit B} , Any 3nstallation made b -•the the• Com an have the �•;' p y prior written permissio the Airport Manager. Ownership of insta2lation �� F: . all:revert:to_the,County,upon completion of installation. ., �. 11. Quality�o£� Serbice: The Company agrees to keep the vehicles �;�_ �; used in its renta2 service serving the Airport in apparent good operating order and repair; that it will not.rent any vehicles to E. , " any party which is not in apparent good operatinq order and zepair or which may be apparently hazardous to the person renting the same � . or to the general public. For the purposes of this section, a � vehicles will �be deemed hazardous if, within.the winter months, it � does not, at a minimum, have snoca tires. The Company wil7. provicle, � , i during the tezm of this Agreement or renewal ihereof, a sufficient , . � -8- • . , t � �,�»`,��-:��- � y'`�. . '�j �� t ��"# ��57 � � . �.,' _""."1 . . � . . f��'''Tti''iev�...��..�-._�_..._�-----_..._.._ .. , . � . . . �,�4'��ir.' f; ' �`Y t.... ;� . �:=�.��:.� i� number o� rental units so as to proper2y serve thc normal needs and � demands of all uscrs. All vehicles shall be delivered to, and . returned by, the customer ai: a site approved by the Manager, �' remote fzom the Terminul nuilding,, � �� A rent•al �car shall not be brought by the Company to the Terntinal Building Eor the purpose of pickiny up•a ,customer, and all customers shall be directed and instructed to return all vehicles to the remote check-in site. _ , . .. , � � ' 12. Utilities: • The County agrees that it will, at its expense, � . furnish normal illumination �nd heat foz the premises in the �' said Terminal Bvildirig. • � � 13. Care of Area: The Company agrees to keep all premises . � o.^.cupied by it on the Airport in a neat, clean, safe, sanitary G' � and orderly condition at all times, and that it will keep such _�`�: ^' areas free at all ti.mes of aZ2 paper, rubbish and debris, and . � �;;� . that the Company will deposit all �rash and debris at collection �,� .'':� stations in container established and provided by the County ;;k throughout the Terminal Building area; and will so use the premises ,;. • - .. - - • _-- - <;�. as not to injure them, except as such znjury may arisc out o£ . ordinary wear and tea;_resulting from lawful use in accordance , �� .. ._ - . - . "� � with the terms o£ this Agreement. ,a. . - .,-k.n' : . .. ' • . _ � �•. '�t ' 14. Signs:-�The-Company aqrees that no signs or advertising 1-. , - t" "3� '�` material shall be painted on, erected or placed in any manner '•Y upon the premises or any other portion of the Airport without � ' ,�{ prior written approval of the County Airport Manager ox his •� • authorized representative. . . -. - - � 15. Removal of Eqiiipment: All equipment and propert�� placed � • by the Company at its expense in, on or about the premises, _ � , includinq a11 trade fi�tures temporarily affixed to the realty but wt�ich may be removed withottt deimage thereto, shall remain • � • .. • , t , .�; -9- � <, .,�� , � �':� ' (s;,>.��r:,;,; . �``��%�. °�� i r,. ", .� b ' ; • � �- ' . _ _. _. �r.r.w.` .�._ .._..... .. .... ...... ...�,_._.�-...,..�._.....—...._ f� � •--- •-_...,.,x ...—,., , ._ �._: . ____._.�..__._ ._. ... ��Yjyv tyi l"'i�v�'. . Z:`. x`� th�: property of the Company, and the Company shall have ihe �'� - riyht at any time during the term hercof, when not in default . ;� hereunder, to remove all such e�uipment•, property and trade .f•i.xtures; provided, however, that a11 property placed by the � e' Company at its expense in, on or about the premis¢s and affixed to the realty so that same cannot be removed without damage, " •,shall,become the property of the County and sha7.1 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 coridition as existed at the commencement �ir of the term hereof, ordinary wear and tear, fire and other � casualty excepted. - k • 16. Right of Inspection: It is mutually agreed that the County's � duly authorized representatives shall have at any and all times • i� � � the full and unrestricted right to enter the premises for.the �','� '-` � ur se.of ins ectin or. rotectin such remises and of_doin � # ., P Pfl P 9 P 4 P 9 � r_ . �� -any and all things with reference thereto which the County is q obligated to do. as set forth herein or which may be deemed i , � • necessary for the� proper general conduct and operation o£ the Airport_ or in the exercise of the County's police power. . t . . - . � � �' 17. �Damage to or .Destruction of Premises: In the event the - ( � _ premises covered hereunder or any portion thereof shall be destroyed ' _ ,�. or damaged by fire or otherwise, to an extent which renders them �' __. ._ ; ;untenantable, the County may r.ebuild or repair such des�royed l', or .damaged portions and the obligation of the Company to pay !` � the basic rent hereunder, for which provision is made in paragraph '; f ': �` ' tx• numbered 6 hereof,• shall abate as to such damaged or destroye3 �_ � portions during the time they shall be untenantable. In the k ; . i � event the County shall elect not to proceed with the rebuilding � , , � � or repair o£ the major portion of the. premises (if so dest.royed or damaged); within a period of ninety (90) days after the +. � de�Lruction or damage, the Company may, at its option cancel and , i terminate this Agrecment. ' .� . -10- ";r ��`.:�� i�L�' ':'�' 9 �' �'1 ,� h' f ��! ir��+;�...:c..`f,°'Tit1:.�..++:'�'�S�.ta��'��^,i�y.�.j . �� y �`1 . _. _ ),t.,:' .=��i.t�i:�::�su:.:.�^-� yt� �S, "i �R.:.�' -�:r.-� -s �c'^' Xa.�,i.�.'1s¢.;'yrr:4�ia��.:�',� � ' � {�- •t�rr'�;�S�•.F,c�j�;,�°�'`+-tt��^ ��r bt �t:�. ?S� _ f� '�� 1B. Indemnitv and 2nsurance: As Eurther consideration hereunder, ;,�} �y� the Company hereby agrees to release, indemni.fy and save harmless• . �'° � the Count • y, its oificcrs, agents and employees from and against any nnd a7.1 loss of, or ,damage to, property, or injuries to, or ' � �,r death of, any peraon or persons, including property and employees � or agents of the County, and shall defend, indemni£y and save harmless the County, its officers,• agents and� employees from any . and all, claims, damages, suiis, costs, expense, liability, actions or proceedings of arsy kind or nature whatsoever, including � ' t Workmen's Compensation claims, of or by anyone whomsoever, in 1 i_ � ,_ any way resulting from, or arising out of, directly or indirectly, its operations in connection herewith, or its use or occupancy �. of any portion of Pitkin County Airport, and including acts and . � omissions oi officers, employees, re�.resentatives, suppliers, t; j inVitees, contractors and aqents of the Company; PROVIDED, ' however, that the Company need not release, �indemniPy or save - harmless the County, its officers, agents and employees.from ; . . ; �'�, damages resulting Erom the sole negligence of the County's.officers, i �� . ! . agents and employees. The minimum insurance reguirements pre- � � �( _ . - - - � �` scribed herein shall not be deemed to in any way limit or .define� j � � . � � the obligations of the Company hereunder. '. The Company furLher agrees to secure and deliver to the � - County Airport Managez at the time of�execution of this Agree- � i ment a comprehensive liability insurance policy in single • '' li.tnits, written on an occurrence basis, including public liability, bodily. injury, death and property damage, in form and company acceptable to and approved by the Dianager and County Attorney, coyering the premises, �perations hereunder and products therein, { � � E ta:; i.n the amount of One Million Dollars ($1,000,000.00�. � � The County shall not be named as an insured in any insurance � � policy required hereunder, but said policies shall contain a pro- • � • vision covering the Company's contractual liability to the County. . 1 , � . . .. _ . � , �� _.�1_ � . � . . � � . ; 1<:=':':*`;''?':', y'.: . . :".� ...... ...1_.�`... i' # � e R � l �_¢� � ,, e -_ .. '"a r c ' v� ��Sj•'.�`� � ��.�.�F .�_.,...,..� �'its.�t � �A� iv�r�M�1 t�1s }t'y:'v,,,a+��ll}?x�3'.`t('�..",'7s21F}C�iaA1�,.�'?31A..l��i'�:..fr.,f..:.�.m:i'tF+`W�!`..":G"`;s-�n, �{:�:'x7.iy[S:,u: .� .._a: '�l. ...:.n..t....«...ic.e(� �. �� 7 ti.{i�... ,f . . . . �t,rr�;-:'. 7� ' � il.;r�:-, . • 1�� The original or certified copy of above poiicy as it applies � to this Aqreement, or certificates evidenaing the existence there- • . �' � of, all in such form as the Airport Manager may require, shall be ' �. . . ti delivered to the Manager upon the execution of this Agreement. . Each such policy or certificate shall contain a va2id provision - � or endorsem�nt that "This palicy will not be caicce2led, or . . materially changed or altered, without first�giving thrity (30) • " days' written notice thereof �to the County Airport Manager, 506 ' � . � E. Main Stzeet, Aspen, Colorado 81611, sent by certified mail,. � �. return receipt requested". � A renewal policy or�certificate shali be delivered to the � _.� Airport Manager at least fifteen (15) days prior to a policy's , �. expiration date except for any poli�y expiring on the sxpiration • f� � date of this Agreement or therea£ter. , � � � _ '�, � � - #. 19. 'Performance Bond: The Company wi11 deliver to the County �' . ,� i�. upon the ex�cution of this Agreement, and will at all times during , the term thereof, and including any extension hereof, maintain ; . . . . ;� in effect valid security in an amount equal to one-half ('�? of � � the highest minimum annual guarantee to be paid to the County, �4, t�' ;;j payable without condition to the County of Pitkin, in form and . .s ' "' with surety acceptable to and approved by the County Airport �' • i: ��'+ ' ,- . " � • Manager and County Attorney, which security shall be conditioned i � upon the Company fully and'faithfully performing and carrying out �, � the terms and provisions of this Agreement. ;� il . ; � e . � 20. Patents and Trademarks: The Company represents that it is '''F- � the owner o� or fully authorized to use any and all services, � ``� processes, machines, articles, marks, nai;�es or slogans to be used � f � by it in its operations under or in any way connected with this + ` � � � - ,� [� Aqreement. The Company aqrees to save and hold the County, its 4 . � k officers, employees, agents and representatives free ancl harmless • � �• of.and from any loss, liability, expensc, suit or claim for damaqes y ' in conriection with any actaal or•a2leged infzingement oi any patent, �� .. ' � a —12— i. � (1�'�;;:.'�,�;�i.�:�+ , 1 , , ! ..,. - _ . ��.,�,„W, ;.. ; 4` } �j ��,'��'"�1FK�r..srR�.k:..';.».:s:::a:::.Mi"�V i.ls1�,v_.,..5?�.._. .._a��. ..t ._ . .,J.?....�i'.i�:v`4µ7;iSJf:�'r:,�w�...��".'��.,-�n _w....:.w�+�."f;.lts:e%.a.c .,. . �yy��j� �.^�. : �l�� . �l{rt i.. F>` ��.i �,C5 ��,� trademark or copyright arising from any alleged or actual unfair competition'or other similar claim ari.sing out of the operations . - , of the Company under or in any way connected with this Agreement. , . • • ' 21. riaster Plan: The Company agrees that no liability shall s attach to the Count its officers � � y, , .agen�s and employees by reason of any efEorts or action toward implementation of any present oY future master plan for the development or expansion of' the : . � Airport, and, for and in consideration of the granting of the �; ;, rights and privileges herein granted, the Company waives any � � right to claim d'amages or other consideration arising therefrom. �. 22. 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 tne Company may assign �, � this Agreement 'in accordance with paragraph numbered 29 hereof, � �'�,� �and excepting any successor to the County) .any right to claim � .. � � � damages or to bring •any suit, action or other proceedings against ' �' �� either the County or the Company because of any breach hereof }. or because of any of the terms, covenants, agreements and � conditions herein contained. � • _ :- - . - . - . _. . � � ' 23. No Personal Liability: No director, officer or employee of " either party shall be held personally liable under this Agreement . �.. �. or because of its execution or �attempted execution. � � ` 29. . Taxes, Compensation Insurance and Licenses: The Company • agrees to pay promptly all taxes, excises, license fees and per- , mit fees of whatever nature, applicable to its opexation hereunder, � and to take out and keep current all licenses, municipal, state i i � or federal, required for the conduct of its business hereunder i . � • � , and furthcr agrees not to permit any of said taxes, excises or .j; license fees to become delinquent. The Company iurther agrees at I: � .I' • � . . . • . . . .. . 'i` � -13- �i;";','!;�:� , . .:r.v.,, }- �`'' _,�., � �� z,i F��,,.+�,_._. - �` ' _ _._ ..__. . . -=-_..__.:_ _ . _ _ __ . . . _ . .__._.�..___.__.___ . _ kF'.'�f4 . � � —�--� .. . R'.1,��^^i.::..� _ �'�i�:�Y,.•. ,I F,';i�� t : t all times to maintain adequate *Aorkment's Compensntion Insurance (including occupational disease) with an authorized insurance � . � . ' company, or through: the.Colorado State -Compensation Insurance � t fund, insurin9 the payment of compensation to all its employees in connection herewith. The Company also agrees not to permit - ' any mechanic's or materialman's or anx other lien to become , attached or be foreclosed upon the property hereinabove described, or any part or parcel thereo£, by reason of any work or labor performed or materials furnished by any mechanic or materialman. �� The Company further agrees to furnish the County, upon request, .� duplicate receipts or otner satisfactory evidence showing the • f' ,prompt payment by it of social security unemployment comperisation � and Workmen's Compensation Insurance, all required licenses and . all taxes. The Company further agrees to pay promptly when due � lall bills, debts and obligations incurred by it in conhection . ' i with its operation of said business at said Airport, and not to � � permit the same to become delinquent, and to suffer no lien, � � mortgaqe, judgment, execution or adjudication in bankruptcy which � will in any way impair the rights of the Gounty under this t� . � • �,; Agreement. Failure to remove any liens or make any payments called for . ' herein shall not be deemed a breach of this Agreement. if the � , Gompany wishes to, in good faith; protest or challenge the validity of'..the charge or debt and, provided further, that it pursue its "-iy Y challenge or protest in a timely manner and indemnify the County against any .loss by reason thereof.. ' E As additional consideration for this lease, the Company agrees to license in Pitkin County that percentage of its overall Colorado fleet as the total of rental car revenues generated in � Pitkin County is to the total of all rental car revenues in the I State of Colorado � i . -14- . . � ' • � . . • . . . ' ' I � i ,`, � •�+-�1?,,:b-: . . . . ,°�a�..r','i,h'v;;r`;v- ' � 1'� `a4, � i. i ":k'' ' � �4 ;' F� �+.nnr�.�4�CTi"�m.A�ro�iLi::iMf�.iltirw.R. _��._... ..,.. .�. -, � .:a.,_.. .. __=.a::a�t:c+�4'ms��. ..t_..a__<..�,_._..r:.�frat:�-r.s:-� I�� . ;a t� ' . . . r � . f, ' �j�,,� p "�•;. �1,.Y 25. Com,�i.ance with A].1 Law� and Regu].ai:iuit,: Tlie Company ayrec� , '� �,..��; ., ' F'j �c=,<i not to use or permit L•t�� premi�es to be used for any purpose pro- . � a� hibiied by Che laws of the United States or the State of Colorado ` ;�, � ^" or t}ie Charter or .Ordinances of thc County of PitY.iri, and it �. '�' further agrees that it will use the premises herein de.scribed in �:n. . � accordance with•all general rules and reguiations adopted from � .� . , time to time by the County or Airport Management for the government , x •�' . - - . � � . and�operation of the Airport, either promulgated by the County •• on its own initiative or by or in compliance with regulations . � br actions of any federal agency authorized to regulate interstate i`- flights to and from said Airport. The Company agrees to submit : . �k `� any report or reports or information regarding its operations : = that the County's Airport Manger may iequest. , • � . .... , : �r ' 26. Cancellation and Termination: The County may cancel and • �A . _ ?�; �;:; terminate this Agreement in its entirety and may reposses" . . ��' the premises, with or without process of law, without liability for �"'�` � tresspass, in the event of any.default of the Company as to the #f. � �` terms, covenants or conditions of said Agreement, upon giving ' � �. - s:, ten (10) days' written notice to the Company of its intention. !. �: . to so terminate, at the end of which.time all'the rights hereunder � of the Company shall terminate, unless the default, which sha11� - _ � have been stated�in such notice, shall have been cured within . said 10-day period {or, if the default (other than for the payment - of any monies due hereunder) cannot be cured within a ten day : '' period, the Ccmpany sha11 have comnenced to cure the default and continues to do so without interruption except for causes _ :'�n_ ' beyond its control). The filinq and adjudication by or against the Company of any }y petition in bankruptcy, voluntary or involuntary, shall automatically . terminate any rights conferred upon the Company by this Agreement. � . • Any attempt upon the part of the Companyt to make an assignment for � the benefit of creditors shall constitutc a hreach of this Agree- ' • ment, and thereupon this Agreement shall become null and void and no right granted or conferred by this Agrcement shall pass under . � . • • i .�. '�saicl �ttempted assignmcnt. • ' • � -15- c >^.�..,P`�, ('f'• � ' . '�� .. �.i ;,� , . �. :'�' ..' , . t� .Na'"1.�i.f t' ."_'l�c';i;,�; . � . � �� .a: ^�'�IY'��.�_�..+....^__.....�.....�.....s-.-.:.:.'_._".-.._ �..._........ .... , . ... .�... _.�.. �...r..�.r,i�rw!as+!i ..Y,. :v:?iu�-.:._.i4'".'.:�i:!Y�N�el �.. 1 ' .. ��l . � . .� �,,�tk. . �t�� ..1.!. �� .k��..H,,:: . �� i�ry�':." �� . . f�h.7?_�:.. f ;... . ' ��::=.:a��.. ... . '� The Company sha12 have the right, upon written notice to � �'• . � the County, to tesminate or suspend this Agrecment upon the . happening of one or more of the following e��ents, if said event � or events shall. then be•continuing: � � • • � The issuance by any court o£ campetent jurisdiction of an injunction, order, or decree preventing or restraining the use �by the Company of a21 or any substantial part of the demised � premises, or preventing or restraining the use of the Airport � . �.; . �: for normal Airport purposes or the use of any part thereof which � may be used by th� Company and which is necessary for the �E� , Company's operations on the Airport, which remains in force for f"I . a period of at least ninety (90} days. - ' The County shall default in fulfilling any of the terms, � �� ' covenants or conditions to be fulfilled by it hereunder and �� shall fail to commence .with due diligence the remedying of said ' _�';: default within thirty (30) days following receipt by the.County - �'� � of written demand from the Company�to do so. • • �.. •c • t �{ 'All .or a mater.ial part of the Airport or Airport facilities � f-• shall be destroyed by fire, explosion, earthquake, other casualty, � � : � or�acts of God, or the public enemy. � . ` The 'Jnited States Governn_ant or an y of its a gencies shall • . , � dccugy the Airport or any substantial part thereof to such an � �� extent as to interfere materially with the Company's_operations for a period of thirty (30) consecutive days or more. � ',. ; � ;. � '` 27. Notices: All notices required to be given to the County �'� hereundex shall be delivered to or given by certified mail, return receipt requested, to the Pitkin County Airport Manager, 1 P 506 E. Main Street, Aspen, Colora�io 81611; all notices required � � to be given to the Company hereunder shall be delivered to or � � sent by certified mail, return receipt requested,� to tiie Company . , � � at the address sho�an on the signature page attached hereto; PROVID�D, however, that either partyhereto may designate in writing from • ' 4 time to time the addre�ses of substitute or supplementary persons , � - within' the State of Colorado to receive such notices. The ef£ec- � tive date of service of any such notice �hall be the cl�te suclx noti.ci� i;; m:iileci or cic�l.i.v�ue�l to the Com��,iny cir to �aicl pi�n�ryer. ;'�::.q S?�4=w.,y� . ��'.. ' . '� . .. . . .__.. ..� .. _. _._. i.• '' �-1 . � ' � l � ;�E:j , k .. . F .:,.. ' � 't'.N'�lwr.�r....a.r..�...•-.�...._�..-..�..... ..�. ..._ _ . . . . ,j. .,_, :,, ,:�.� �►,;:: t. ��r'NF�.'...'•. i'� { p.p.:.• . ,�r ty.,�. ':'1 ::ii: . . �� 28. 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 S� � terms, covenants or conditions herein contained to be performed, kept and observed by the Company. � 29. Assignment: It is expressly agreed and understood that any and all obligations of the Company hereunder may be fulfilled or � discharged either by the Company, any subsidiary thereof, or by. , � a Licensee member of the Company, and that any and all privileges t, of every kind granted the Company herewzder may extend to and be � enjoyed by such subsidiary or Licensee so appointed; PROVIDED, however, that notwithstandi.ng the method of operation employed � by the Company hereunder, the Company shall continue always to ' remain directly liable to the County for the performance of all �'�r` terms and conditions of this Agreement. Except as hereinabove � ; . • i� ; set out, the premises may not be sublet, in whole or pait, and ` the Company shall not assign this Agreement without prior written � . consent of the County, nor permit any transfer by operation of law of the Company's interest created hereby, other than by merger or consoiidation or sale of substantially all of the • Company's assets. � . i �. 30. Covenant Not to Grant�More Favourable Terms: The County S.: _ �-; covenants and agrees not to enter into any lease, contract or � �: Agreement with any other car rental agency with respect to the Airport containing more favourable terms than this lease (except � for minimum annual guarantee within the first year of this Agree- ment as per Paragraph 5 hereof) or to grant to any other car rental . , � agency rights, privileges and concessions with respect to said ; � ; Airport which a.re not accorded to the Company hereunder, unless � the same rights, privileges and concessions are concurrently and automatically made available to the Company. ' � i . � • ` -17- ,�:�a..;.'�{�, , � �� . . . .�� i . � �y' ,�1� fIr. .�,t�"""'Saacs...oa+c.c.a.rn...�s.-=:axi-ictuKS�.1��- . ..._..:. ..... . ._�a�_ .,.r.::s�iF1b.I.�?c'.L;.....o.,r:�:.:w��..�._e'{::�,:_T;.�m,::':�s� :.� .i . i • �t.,��7��4� , ti'� �; . I�� :; ,,.} �':.:,._. yj 31. Agreement Suborclinate to Agrecments with United States: This �"I Agrecment is subject and suborda.nate to the terms, reservations, restrictions and conditions. of any existing or future agreement ' between the County and the United States, relative to the.operation c�'�� . - or maintenance of �he Airport, the execution of which has be'en or • . may be required as a condition preceden•t to the expenditure of ` � f: " federal funds or conveyance of property for the development of � said Airport: . � � . I; . �: i� , 32. A�Jcreement Binding: . This Agreement shall, subject to the '�, . • r provisions of paragraph numbered 29 hereof, be binding on and . � extend to the successors and assigns of the respective parties . � . hereto. � ' . L 33. Paragraph Headings: The paragraph headings contained herein � . �. are for convenience in reference only and .are not intended to a. �+�Y � define or limit the scope of any provision of :.his�Agreement. # . . 'fI ' • . 39. Agreement Made in Colorado: This Agreement shall he deemed �.� to have been made in, and construed in accordance with the laws � .� I of, the State, of Colorado. ' �i • � � 35. Manager's Authorized Representative: Wherever reference is �- made herein to the "County's Airport Msnaqer", or words of similar � 1?3 import are used, the reference shall include the Assistant Air- ; i, port Tlanager or Managers or authorized representative until � �' notice• otherwise is hereafter given to the Company. i � , . . � � s. 36. Abatement of Minimum Guarantee: In the event of the � , i happening of any of the following events, the minimum annual 1 1 � ' guarantee (but not the percentage of "gross revenues") herein- • � , • � ; above provided in paragraph numbered 5 shall be suspended for . � the period of time the condition continues to exist: � � ' i � " � -18- .. • . . • � , , .r .r.,�,;`�yx' , . ��::=';, . -'`� � i �, � 4` �'`' �-y ;-1 � �-.. ,. ,��. , .� �:� "'"�k.x�aa.'?&,�nuaxr�.3�'.:,±�.tfiF+a,.La�:�:z,,o,x'<'r"_ .:..a,._.,f+�'�r.��r�i`v��?'=i'vz$��i.e��i.,_:i4��,.�„t.:t�+.� .,_�'-s=_..:..r.,..�Pe�YS�t44 � `.'±.tir::.... t:: ' . �;sJ,... - j- � r,t;:'±... ,:i �': . � A. In the evenL• of any nat•ional emcrgency wher.ein �� - there is a curtai].ment, either by executive decree . • . • or.legislative action, o£ the use of motor vehicles. � • or aircraft by the general public, or a material and � substantial simular limitation on the supply of gasoline or tires for automobi�e$ available for rental. � � B. In the event that the number of civilian,pas- � . . sengers enplaning at the Airport on scheduled airlines during a period of sixty (60) consecutiye � • days or more shall be less than eighty per cent � . (80�) of the number of such enplaning passengers £or the sazne period of time in the next preceding � Year. � 37. Other Locations: The Company may not, without the prior. - � � +•. , • #` "�written consent of the Airport Manager, so long as it continues to '� � . �maintain in operation and use for the benefit of the public the ? ' premises in the Terminal Building covered by this.Agreement, rent �i; motor vehicles at othPr locations on the Airport, or within i''� five (51 miles of the Terminal Building at the•Airport, provided that receipts therefrom shall constitute and be included in � � "gross revenues" as defined by paragraph numbered 5 of this : � Agreement. . ��.'` 38. No Discrimination: The Company for itself, its successors � and •assigns, as a part of the consicleration hereof, does hereby ` covenant and agree as a covenant� running ��ith the land 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 • i ' . . . � - imposed pursuant to Title 49, Code of Federal Regulations, : :; • -19- �'z��-��-��;_;�; Y ;.::.•:":• �..;.;, �.�,� � _ __�� ._.__ .. ;�_ .,�:,:;` k � �� :'1 ;.� .: �-� .._ - --�- � .r�:.....��:,�:ti n;_ ,. �� '14IEm6.±.Rl��ir7sn.*_9ls...tSF:.7�?�:+�'�.-..P ..,h,��rr _..._.. _ _ � '''�.1�.�.st.�:....t.:.:..,•'�,"is..�-�ri'��.a... "�d+ewtirke��>N 6�� . t.iJ�w, . h�$ . . t�:,.��; ,. �J, . . R:�i:,,. . r'�ry:..�.. '� • . 4,:;' ,; . . E�y �` Department of Transportation--Effectuation of Title IV of the �i Civil Rights Act oP 1964, and as said regulations may be amended. That in the event of breach'of any of the above nondiscrim�nation t.- covenants, the County shall have the right to terminate the Agreement.and to reenter and repossess the premises covered hereby � and the facilities therein and thereon, and hold the.same as if . said Agreement had never been made or issued; PROVIDED that said right to terminate_ this Agreement shall not,be eEfective until the provisions and procedures contained in Title 49, D.F.R., Part ' 21 are followed and completed, including exercise or expiration . � . of appeal rights. __ r: � e � 39. No Diversion: The Company shall not cause or allow to be ' diverted any of its automobile rental business at the Airport or � any other location or in any manner to avoid or reduce its gross . __.._„�; revenues on which the percentage fee is computed: �� __.... - ------ . . . � :40,, Remodeling or Relocation of Demised Premises: The County -reserves the right_to at any time undertak� remodeling, enlarge- � i'. . • ment, alteration, repair_.or:_relocation of the herein demised � pre.mises, including� the exclu��.ve a.nd non-exclusi��e and parkir.g , area demised. to. the_Company_within and without the Terminal � " Building proyided the._County_ substitu�es for any such demised space used by the Company reasonably. comparable or better space ;�, in accordance with agreement between the'Company and County, and further provided that_ said substiLUted space shall be leased ' � for the remainder of the term hereof at the same per square foot i rental rate as recited herein unless otherwise agreed to by the '• ° _ i ', CompanY•, ... _._._-- -- - := .:•- .-- . r.. ' � � ', -•:_,�- : The County agrees that- before undertaking any such remodeling, � � � enlargement; alteration, repair �or relocation o£ exclusive, non- � . � exclusive or parking areas it shall notify the Company, be advised !. � .. . . -20 . • � � •. • • . . • i ; � -- • i.t._�'.T.t.ti� � i.� } � �; . ' � . _ � •a ��ti�,� 6`. �. ,- �� +.r,.� •: � .�� -,� . ..�•.•.�-... ..;�a:�..-.•�,„-r:a.:asRf!cc��f'z/A-S.T..._:"lSl...J:��G^:�'uf�L+V::1M=1+"^titt'r��3.••,± " �Olba..r�OC'.0'�1]c'_.Ytt^�w4,+CrR'�'�•V'-_+.... .... .,.. • . � f�' � � �;a:�r� `' �� ' _ . � � .�,,�.. �,_ �:;. {; of the Company's design requirements, and give consicleraL-ion to ' meetiny such requirement�. The County iurthcr agrecs to attempt to hold any disrupti�n•of or inconvenience to the Company's activities � � to a minimum, and the Company agr�es to inaY.e no claim for or rebate � or abatement of rent or claim for such temporary disruption or in- � � convenience caused by the prqject, provided that the Company's , — business is not substantially disrupted or its ability to carry on its business is not substantially interfered with. . IN WITNESS WHEREOF, the parties hereto have caused this ' ; � instrument to be .executed as of the day and year first above written. � , ' ,' �_ � ' THE BOARD OF COUNTY COMMISSIONERS � � OF PITKIN COUNTY, COLORADO ' ' _ ' By: �.d�G�� G/�' �� ATT ST: _.. .. . _ ` . . - .-_...�: __ - � . Chairman , . � . . �- � . ... . • _ � PARTY OF THE SECOND PART t? � ' i: _ . . _ . . . . {� ATfiEST: . g = ~L t � - � - esi ent �i ��7�''vnl-c�U rJ�..� /"o. /�o�C �0 73 ...-.. .. • . � �F�iJ, Lo Lo.2n,�0 8/bi 2-. � . 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