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Home My WebLink Aboutbocc.con.082.1981 i . � �- y :�--1 . , ��}� � _ ! y liqlrj}��7 . . �4:;�'�� T"� . ... �. - �.� ` _4.l�sa�!'3�i1�',..�!�"»f,i3r":�i7i[t:°.i�X+R3^C'.�.�.5?�:_<.'�k.._Tr� . .f.. .,e,�...;ss,:�.�.',�r.r,ca:!7�nrrS��a=i.nti��r�.u.-�ai.s.�..�'.u.�.......-�....._._-_ �� ^., .. ` � Np� �y�Y�n��. �i.,. . . .�� . - '�:��:'r•7.:•.``" �,.. . �� , .i'x'r:-�... FLOWER CART � USE AND LEASE AGREEMENT CA 82(81) THIS AGREEMENT, made and entered into this 23rd day of November, �S 1981, by and between THE BOARD OF COUNTY COMMISSIONERS OF PITKIN `; COUNTY, COLORADO, being the govexning body of the Aspen/Pitkin County ,�',��. � ' Airport, hereinafter referred to as "Lessor", Party of the First Part, and THE ASPEN BRANCH, a partnership, hereinafter referred to - . 4L as "Lessee", Party of the Second Part: � � / !� W I T N E S S E T H: � :3 i� `,; WHEREAS, the Lessor is the owner, sponsor and operator of �3 � �. �.- the Aspen/Pitkin County Airport, a public airport located in � . kt Pitkin County in the vicinity ot Asgen, Colorado (hereinafter � : � sometimes reEerred to as "Airport"); and � �r'S` WHEREAS, Lessee intends to operate a flower sales concession, � �= � - :%. � ;; and wishes to occupy space on the airport in the termina2 building � ,.. � to operate the same; and � � r� WHEREAS, arrangements have been made between the Lessor for �� _ the use by Lessee of a portion of the terminal at the airport, ,'�� >a � provided such use shall be for a limited period 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 �� mutualZy undertake, promise and agxee, each for itself and its � successors and assigns, as follows: � d l. Premises to be Used: The non-exclusive use of an area F� w within the center tezminal building of the Aspen/Pitkin County � . Airport, such area to be designated by the Airport Manager. � � 2. Services to be Furnished by Lessee: � � � (a) Lessee is to have the exclusive right to sell flowers and plants at the airport. � � -1- i � _ � ...:..... _.......... .. ....... . , . ... .. ... .. . _. .-.-.,:.. .. ., .. . . .. . . ... . .. .. . . . . . . . "�3�,.wt;°�E . , . . .. 2>',�� .. . � ,. � � ��f � . e .� � � �4 � .. . . �' � . . � . ��, •. .,, . _..,,. . :<,.� . �.. . �.�_.�_..�..:..........„�..._._....:..�._..:_._.__._._...�..- .ti... ....... .---.._--_.._V._.----'—''._... ...�,�..:_�....� . ...�. .� ��" �q�e;7� • ��; �� . zt=�:; , ��c44z�;.; � (b) Lessee is to Purnish and pay all necessary A .y personnel required in the operation and handling `' - of all services outlined herein. � ' (c) Lessee will not engage in or conduct any � other type of business from said area except that stated herein without prior written � approval of the Airport Manager. � (d) Clean-up and maintenance of said area will be carried out on a daily basis by = the Lessee. � (e) Flowers an8 plants sold by Lessee will be of the highest quality available. � 3. Term of Agreement: This agreement is for a term of one (1) year, commencing on 1�,��, / , 1981, and terminating on �0✓�M�7E7� �O . 1982- 4. Payments: Payments to be made by the Lessee to the Lessor �,'' for the right and privilege of operating this flower cart concession � � shall be an amount equivalent to ten (10$) per cent of the gross income derived by I,essee from the sale of its goods at the airport. Lessee shall pay said amounts on or before the tenth (10th) ' day of each and every month for the business carried on in the preceding calendar month. � - � ,,:-,� , 5,:: . , . � �. ! 1 �2_ . . � . _..__._ , :.................... .. .. . . _.,, ,. � _ �.a��x,�x`"� ' :�;-,,�:n: � i � � � . i�'�:t..��L"e�'l.,�w...-.+ocr_.._.s..: .a«-,.�.a ..�_. ._. ...... . . - ._ _....�.,.. "".w.... ,nrK--.«.. ......a..,......_,.�......._..�._..,.e..,�,�......�„QtY' � ;4„(i:.;-4.., s�i:.;�.�� ` - .. g�"irt... [•':-:i�'y•;.��_: t� � A written statement certified to by Lessee ahowing aIl receipty � . . � � . fzom flower sales during the preceeding month shall be furnished � � ! to the Lessor by the tenth day of the followinq month with said f payment. � . �� 5. Books and Records: Lessee shall maintain and keep adequate . books and records of alI of its receipts and income derived from its . operation of business on the Lessor's premises, and shall make such '� books and records available for inspection by the Lessor or its • authorized representatives at all reasonable hours and times. '� � �$ed by Lessee , � 6. Signs: Any and al2�signs advertising, and decor .in . �; said terminal buildi.ng shall be subject to fhe written approval of � $! � . the Aizport Manager. , � _ 7. Utilities: Lessor shall furnish normal heat and electricity. ;; � 8. Indemnity: Lessee agrees to indemnify ancl save harmless � the Lessor or its representatives or agents from any and all clai.ms � ti;.: from any accident, injury or damage or loss growing out of the� � 't:"�t. . � � operation of said flower cart on said premises., and to pay any ii � �: judgment and costs which may be rendered on that account against t�� the Lessor, ar_a S.essee wi11 �ay all necessary expenses incurred in '�; ;� .�, defending any claim or lawsuit which may result. • , „ . . 9. Insurance: Lessee agrees that at all times during the f� �term hereof or any extension hereof, it shall maintain in force f. . 4: such bodily injury and property damage'insurance as may be required � F' as a cond£tion of any operating certificates that i.t is required to have for its ogerations and shall, i£ not otherwise required, �` , � maintain bodily injury and property damage insurance covering all �- of its operations and activities at the airport, with limits of not ;' less than $500,000 combined single limit bodily injury and property • damage each occurrence. Lessee shall £urther maintain in force Workmen's Compensation insurance for all employees at said airport. � AI1 policies of insurance so mai.ntained, except Workmen's Compensation � � ` . . • insurance, shall name the County oE Pitkin, State of Colorado as an , � additional insured thereunder, Lessee further agrees to provide . • ' � : ; i _ � -3- � � � . ' -;, „�� ,;�a. . � �5a'w� ��_�,r� i � . ,� J 1 ` t� r' �"' V7 1 �� x:'�_.._.�2?ss , _ _. �.�I ' . . y�t`oi,.�v' . 1 �F yQ ��! . "'�f�t;; ,l1, ' i:�,; ;; �� certificates satisfactory. to the Lessor of the kind and amounts of • said insurance coverages reflecting that the County of Pitkin, State �.f ' ] of Colorado, i� an adz'_��onal insured thereund�r. Ci . � 10. Bankruptcy: It is further agreed if, at any time during �� . the term herein specified, proceedings in bankruptcy shall�be ' cl ; �i instituted by or against the Lessee, or if Lessee shall compound i iits debts or assign over its property or effects for the payment ' � ! '. :i thereof, or if any e:cecution shall issue against Lessee or any of , sits effects whatsoever, which said execution shall not be satisfied ,� i within ten (10) days after the filing thereof, or if a receiver or s; trustee shall be appointed for the property of Lessee, or if this �� /' contract shall, by operation of law, devolve upon or pass to any ' �f 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. � � 11. Termination: At the expiration of this Use and Lease ,.3. 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 condiLions of this Agreement, the same shall t�r*.iinate � at once at the option of the Lessor, after giving Lessee ten (10) •days written notice of any default, and if the same. is not corrected 'wi.thin that time, the Lessor may enter upon and take exclusive possession of said flower cart � and.remove any and all of Lessee's �j . { property without in any way being a trespasser, and Lessee expressly " waives any demand for possession of said premises. Failure o£ the ' Lessor to take possession of said premises at the time aforesaid shall not stop the Lessor from afterwards asserting said right. ' . � 12. Default or Waiver: No default, or waiver by the Lessor, of ' any terms, conditions, covenants, or agreements hereof to be performed, ` d kept or observed by Lessee, shall be construed or act as a waiver � � of any subsequent default of any of the terms, covenants, condi,tzons � and agreements herei.n contained to be performed, kept ox obServed � � hy the Lessee and the Lessor shall not be estopped from later enforcing any of the terms and conditions o£ this Agxeement. � I � . � � ; -4- ! x i M_'.' . �L^;r„�g_^�t�' . •,i:,�;:�;r^.r;.si' }�'.Y`.'.��. ��1� . . �.�.:;.,,;;;�:� . � � � � :,� . .r��...;-� �, ,... ...:'�+s� �' �+ , , -. _ .,_ _�.._,. �.___ ___, ... ...__ .._.:.. . . . {� � � �i. �` } .. . ��;i�y . `�� 13. No Discrimination - P.A,A. Directive: The parties hereto �=y=�='+•�• I . �� covenant and agree that (1) no person on the grounds of race, colour �_ 1 . • �:�t or national orzgin shall be exc].uded fr.om participation in, denied �� the benefits of, or be otherwise subjected to discrimination in t _.__. .. _. . F' ' the use of said £acilities, (2) that in the construction of any • � � f improvements, on, over, or �u�►der such land and the furnishing � ' S _ of sezvices thereon, no person on the grounds of race, colour, or � ' � " national origin shall be excluded from garticipation in, c3enied the � � ' i " - benefits of, or otherwise be subjected to discrimination, (3) that ! � � , the parties shall use the pzemises in c ompliance with all other . ! rtI i '� ! . requirements imposed by or pursuant to Title 49, Code of 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 F; ! VI of the Civil Rights Act of 1964, and as said regulations may . � � be amended. ' � �. i • ��,; ' . i; ��y� Lessee assures that it will undertake an affirmative action -,_.�:��l� #E_ I program as required bg CFR Part 152, Subpart E, to insure that no � �� ' person shall on the grounds of race, cre�a, colour, natioaal origin, "; i � or sex be excluded from participating in any employment activiLies '' ; � covered in 14 CFR Part 152, Subpart _E. The Lessee assures that no .'• ;.= f .person shall be excluded on these grounds from participating in or �i„� � � receiving the services or benefits of any progzam or activity k�= . � . �:: ; �` '• -covered by this subpart. The_ Lessee assures that it wxll require ��' that its covered suborganizations pzovide assurances to the Lessor `�1 that the .similarl wi 1 under a e ff' a s an t. _ y__ y 1 t k a irmative action progr m d +> _that they will require assurances fzom their sub-organizations, as �,, required by 14 CFR Part 152, Subpart E, to the same ef£ect. ,: ---_._ .. - --- � �`:;: ' _ . . . _. _ _. - - -- - -- .-- ; � , . ; . M15^ _ _ _ . . � _ � .. . . . ___' . - . __ . ... ' . " . _ .. . . _ F� � . , � ) � � � • � e4 • . • �< . . � � .. ' ' ' � . I,'�'.r.".�3�1:? � , . , �I 1.�:_25�.... �^�� ;.. : , . 1' N�l.-,� ' . (.� $e�-M �{::�. � . . . . . , tF11l�Y t`�Y�' F � . . � . - Y�2'Y�. > . . . ... . y�y �� . , ' •i.�i��l. ..�::n::::ti:�::..�_.,.�.�.,a..........:��:.ci.—mrs!.:�,ye„ .... .. � .,:_'�=.i'6�:�S63S:TF"aw..u"��:�'S"iGi�s4'�en1S..'Y•" ' n ;. . �I+ . . ,_.... � . ��: . ._.� �f�',�,. t� �• Yx „ `. �� ' ' �i � � . �� :j t 4.1 F-i '3 1 14. Agreement Made in Colorado: This Agreement shall be � - deemed to be made in and construed in accordance with the laws of � r. � the State of Colorado. / 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: � THE SOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ATTEST: � i BY�L;z��2'IGf/l�/ U(/�. J � � Robert W. Child, Chairman .+ -_ --- -- � PARTY OF THE SECOND PART: -- THE ASPEN BRANCH # ATTEST: /� � '� ;� .. By: � �' I ��.�n � � r � �4 ,► �: �. va�r , , Lesse Address _ ��-9��9/ APPROVED AS TO FORM: Lessee Telephone umber � �/� Sandra M.� uller Pitkin County Attorney z:� � ! � i , . ± ,........__.--- _._._._..._ ,._:. � �.r_.__. ._ ._ --,.. _.. _... .. . _ ..__ .__�. ......_ � - ' • S.�`'�;�.: `�:%,rra�:7•� . � �