HomeMy WebLinkAboutbocc.con.067.1981 ___._
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INSURANCE SALES ' i
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USE AND LEASE AGREEMENT j
CA 67(81) �
THIS AGREEMENT, made and entered into this 24th day of August,
1981, by and between THE BOARD OF COUNTY COMf1ISSIONERS OF PITICIN
COUNTY, COLORADO, being the governing body of the Aspen/Pitkin
: County Airport, hereinafter re£erred to as "Lessor", Party of
the First Part, and ADLER IN5URANCE, a proprietorship, hereinafter �
referred to as "Lessee", Party of the Second Part:
" W I T N E S S E T H: �
• WHEREAS, the Lessor is the owner, sponsor and operator of �
' �
the Aspen/Pitkin County Airport, a public airport located in
Pitkin County in the vicinity of Aspen, Colorado (hereinafter �
� sometimes referred to as "Airport"); and �
WHEREAS, Lessee intends to operate an insurance sales
concession, and wishes to occupy space on the airport in the
# ' terminal building to operate the same; and
� , WHEREAS, arrangements have been made between the Lessor for
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the use by Lesse of a portion of the terminal at the airport, 4
provided such use shall be for a limited peziod and subject to
certain limitations on use;
� , NOW, THEREFORE, for and in consideration of the mutual covenants ��
and agreements herein contained, the Lessor and Lessee do hereby
mutually undertake, promise and agree, each for itself and its �, ;
' successors and assigns, as follows:
1. Premises to Be Used; The non-exclusive use o£ the �
"Information Booth" located in the center terminal building at �
the Aspen/Pitkin County Airport. �
2. Services_to Be Furnished by Lessee: �
(a) Lessee is to have the exclusive right to sell
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air trip insurance and the non-exclusive right
to sell other types of insurance at the booth �
to be operated by it.
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(b) Lessee is to furnish and pay all necessary �
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personnel required in the operation and handling �
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of all services outlined herein. � �
(c) Said booth to be operated with sufficient �
*, personnel to take care of the business and
matters to be handled at said insurance booth
" and information booth.
(d) In addition to selling trip insurance and I •
other forms of insurance, the personnel at �
� said insurance booth will furnish information , �
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to the public (with service to the satisfaction
of the airport manager) , and the booth will
operate as a general information booth. �
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" (e) Lessee will not engage in or conduct any
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r� other type of business from said booth �
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; _: written approval of the Airport Manager. 3
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� 3. Terms of Agreement: This agreement is for a term of one
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�``" (1) year, commencing on September 1, 1981, and terminating on
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August 31, 1982.
'^'; 4. Payments: Payments to be made by the Lessee to the Lessor �
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$�:` for the right and privilege of operating this insurance concession �
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, shall be an amount equivalent to ten (10�) per cent of the gross �
income derived by Lessee from the sale of insurance at the ai.rport. �
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f�= If, at any time during the term of this agreement, the airport
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�'�"� manager determines in his sole discretion that said i.nformation
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�� service is not being adequately dispensed by Lessee, lessee will i
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r' terminate said information service and shall begin immediately
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'"'� paying to Lessor an amount equi,valent to twenty (ZO$) per cent of
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the gross income derived by Lessee at the airport, plus the amount � �
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� of $40.00 per month as counter rent. � �
Lessee s�iall pay said amounts on or before the tenth (lOth)
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day of each month for the business carried on in the preceding ` �
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calendar month - �'_-+- * 4'^�; T^ ^^"` � "'"' � �
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. A written statement certified to by Lessee showing all receipts
from insurance sales during the preceeding month shall be furnished �
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to the Lessor by the tenth day of the following month with said j
� payment. 4
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�: 5. Books and Records: Lessee shall maintain and keep adequate F
, books and records of all of its receipts and income derived from its
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operation of business on the Lessor's premises, and shall make such i
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books and records available for inspection by the Lessor or its j
jR authorized representatives at all reasonable hours and times. �
,� 6. Signs: Any and all signs or advertisements placed in
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` said terminal buildin shall be sub'ect to the written a c
g � pproval of f`
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the Airport Manager. �
� 7. Utilities: Lessor shall furnish normal heat and alectricity. +
�,; 8. Indemnity: Lessee agrees to indemnify and save harmless �
� the Lessor or its representatives or agents from any and all claims �
�� from an accident in ur or dama e or loss rowin out of the �
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�:'� operation of said insurance booth on said premises, and to pay any �
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judgment and costs which may be rendered on that account against c
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4: the Lessor, and Lessee will pay all necessary expenses incurred in
defendinq any claim or lawsuit which may result.
�' 9. Insurance: Lessee a rees that at all times durin ,the
9 4 �
� term hereof or any extension hereof, it shall maintain in force �
U such bodily injury and property damage insurance as may be reqnired �
as a condition of any operating certificates that it is required
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, to have for its operations and shall, if not otherwise required, �'�
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maintain bodily injury and property damage insurance covering all �
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of its operations and activities at the airport, with limits of not f
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less than $500,000 combined single limit bodily injury and property ?
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damage each occurrence. Lessee shall further maintain in force �
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Workmen's Compensation insurance for all employees at said airport. �
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All policies of insurance so maintained, except Workmen's Compensation ' I
insurance, shall name the County of Pitkin, State of Colorado as an �,` +
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additional insured thereunder. Lessee further agrees to provide
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certificates satisfactory to the Lessor of the kind and amounts of
siad insurance coverages reflecting that the County of Pitkin. State '
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of Colorado, is an additional insured thereunder. �
iZ 10. Bankruptcy: It is further agreed if, at any time during i
the term herein specified, proceedings in bankruptcy shall be i
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_ __ instituted by or against the Lessee, or if Lessee shall compound
its debts or assign over its property or effects for the payment •
thereof, or if any execution shall issue against Lessee.or any of
its effects whatsoever, which said execution sha11 not be sati.sfied
� within ten (10) days after the filing thereof, or if a receiver or �
• '� trustee shall be appointed for the property of Lessee, or if this j'4
contract shall, by operation of law, devolve upon or pass to any
' person or persons other than Lessee, then and in each of said
�
;; cases, this Use and Lease Agreement may be terminated at the option
of the Lessor. �
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11. Termination: At the expiration oE this Use and Lease
: �
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� • Agreement, or upon the failure to make payments due hereunder, or
'� � upon the failure of Lessee to comply with and carry out any of the
,
terms or conditions of this Agreement, the same shall terminate
at once at the option of the Lessor, after giving Lessee ten (10)
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days written notice of any default, and if the same is not corrected !
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within that time the Lessor may enter upon and take exclusive �
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possession of said insurance booth and remove any and all of Lessee's �
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property without in any way being a trespasser, and Lessee expressly � :
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waives any demand for possession of said premises. Failure of the 8
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Lessor to take possession of said premises at the time aforesaid �
shall not stop the I.essor from afterwards asserting said right.
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12. Default or Waiver: No default, or wiaver by the Lessor, of '
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any terms, conditions, covenants, or agreements hereof to be performed, � j
: kept or observed by Lessee, shall be construed or act as a wa,iver ( �
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' of any subsequent default of any of the terms, covenants, condxtions 4
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and agreements herein contained to be performed, keQt or obSerVed �
by the Lessee and the Lessor shall not be estopped from later �
enforcing any of the terms and conditxons of this Agreement.
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13. No Discrimination - F.A.A. Directive: The parties hereto ;
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covenant and agree that (1) no person on the grounds of race, colour J
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or national origin shall be excluded from participation in, denied �
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the benefits of, or be otherwise subjected to discrimination in �
the use of said £acilities, (2) that in the construction of any �
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improvements, on, over, or under such land and the furnishing �
of services thereon, no person on the grounds of race, colour, or
national origin shall be excluded from participation in, denied the
benefi.ts of, or otherwise be subjected to discrimination, (33 that
, the parties shall use the premises in c ompliance with all other �
requirements imposed by or pursuant to Title 49, Code o£ Federal ���
�'
Regulations, Department of Transportation, Subtitle A, Of£ice
of the Secretary, Part 21 - Nondiscrimination in Federally-assisted
programs of the Department of Transportation - Effectuation of Title
' VI of the Civil Rights Act of 1964, and as said regulations may �'�
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be amended. ��,`
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:'� Lessee assures that it will undertake an affirmative action �
� program as required by CFR Part 152, Subpart E, to insure that no �
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person shall on the gzounds of race, creed, colour, national origin,
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or sex be excluded from participating in any employment activities
covered in 14 CER Part 152, Subpart E. The Lessee assures that no
person shall be excluded on these grounds from participating in or ��
- receiving the services oz benefits of any program or activity ��
, covered by this subpart. The Lessee assures that it will require �
, that its covered suborganizations provide assurances to the Lessor
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that they simi2arly will undertake affirmative action programs and �
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that they will require assurances Prom their sub-organizations, as
required by 14 CFR Part 252, Subpart E, to the same effec�.
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14. Agreement Made in Colorado: This Agreement shall be '•
. �_ deemed to be made in and construed in accordance with the laws �
of the State of Colorado. �
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IN WITNESS WHEREOF, the parties have executed these presents .
� ' by their duly authorized officers on the day and year first above
written. �
PARTY OF THE FIRST PART:
TAE BOARD OF COIINTY COMMISSIONERS ��
OF PITKIN COUNTY, COLORADO
" � � ��
- By�, �lk�i'����- �
ATTEST: Chalrman
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PARTY OF THE SECOND PART: �
ADLER INSURANCE ��
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� BY= %1. ��l�l�i n , ,
ATTEST: Michael A 1er
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Lessee�dress
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Lessee P one N�er
APPROVED AS TO FORM:
. i /�21>����!�!i � . .
a� M. uller
Pitkin County Attorney ��
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