HomeMy WebLinkAboutbocc.ord.003.1997 ,'�/�/�IIG['//l� i.r;�:.i�.G��;:.
"C.. 1;c
('c����a,r e r 9�-�/ '`�'`..:,
..;�:;��.,
J.,;��;-
AN ORDINANCE �'L..,k+,ti'S;�
OF THE BOARD OF COUNTY COMMISSIONERS '� '=
Ofi PITKIN COUNTY, COLORADO, t:, .,.
FOR A LICENSfi AND USE AGREEMENT ,,.��
FOR A
PREPAID TELEPHONE CREDIT Cl�RD '-`�� �
:,�
VENDING MACHINE CONCESSION 'L .. .'
i WITH +
-- AL�INE VENDING & VIDEO, INC. ;;..:.,„_ �
_�S AT THE ;r.;;'•�
i ASPEN/PITKIN COUNTY AIRPORT �r'"�`.'
_ (SARDY FIELD) ��' ~�
.e'`,P,..". -
J.
Ordinance # �_
RECITA.LS i.,. ':
� 1. Pitkin County, a Colorado home-rule county, is the owner, � �
� , sponsor and operator of the Aspen/Pitkin County Airport (Sardy j':
Field), (hereinafter called "the airport") located in the '
vicinity of Aspen, Colorado, and has the authority to regulate �,
` commercial activities and to lease and Zicense space at the :,"-:
� Airport, pursuant to, inter alia, C.R.S. 41-4-10]. et sea•, 30-35- �`�r.
j 202, Title IV of the Pitkin County Code, and Section 8.7 of the j�
! Pitkin County Home Rule Charter; and ;'?'
, .
,.
• � 2. The County solicited Proposals from qualified prepaid
i telephone credit card companies/vendors to enter into a License &
� Use Agreement for two Iocations in the Airline Terminal, this
License & Use Agreement commencing on or about January 9th, 1997,
! and expiring on January 31st, 1999.
! THEREFORE, EE IT RESOLVED EY THE BOARD OF COUNTY COMMISSTONERS OF
, � PITKIN COUNTY, COLORADO:
a
Section 1. i
� Alpine Vending & Video, Inc. shall be that operator, having been
; selected by a duly convened and formed Selection Committee and
i selected in accordance with the requirements of the Pitkin County
Procurement Code, and sha11 be that operator af this Concession i"
for the period identified. i
, � Section 2. ��
i �
That the Chairman {or Vice-Chair) of the Board of County
Commissioners is hereby authorized and directed to execute the ,
� renewed agreements on behalf of the County and any other
documents necessary to accomplish the license transactions that
have been approved as to form by the
County Attorney.
1 -,� i.
� }' �' -
,�s
. , � / _ . �y�Y
r �;��� .
� • �' �
Y
� �� ' .
" ��•
. .
, .
/ {
. .
,,. �
, M------
_ ___—._ _ _.. ._ _—- --_.�_..�
a�y
.. . . __.. . ...�...�*+a e� - .
= ,�_ "
;s.:.
•r�
������
�.
.� � ,
�.,; .��,�r.
Section 3 �G�c�` "S
"' �;�`•t�;:
S�
That a copy of this Ordinance, including all Exhibits, shall be �� +
ke t for ;t'' `,,
_ p public inspection to the time of the public Hearing , .��
hereon during regular business hours in the office of the �
Director of Aviation, Aspen/Pitkin County Airport, 0233 East �y�� .�.=;�
Airport Road, Suite A, Aspen, Colorado 81611. . '.
Section 4. �,�
That a public Hearing on this Ordinance shall be duly-noticed and _Y�``-"•`� '�
held as provided by law. ;:.+;;,';;�:�°:.
Section 5. ,�';,^
That this Ordinance may be published by title and ahort outline ':.• F
; only after adoption. :i��:
1 ;. .
� " INTRODUCED, FIRST READ AND SET FOR PUBLIC FiEARIbIG AT TIiE RfiGULAR '�`
MEETING ON THE Bth DAY OF Januarv, 1997. �'
� PtJBLICATION OE' ORDINANCE IN FtTLL AND NOTICS OF PIIBLIC HEARING ''
�4::
� MADS ZN THfi ASPEN TIMES WEEKLY ON THE llth DAY OF Januarv. 1997. ' c
..::r
f APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARTNG ON � '�
. � THE 2Znd DAY OF Januarv, 1997.
� PIIHLISHED AFTER ADOPTTON BY TITLE AND SHORT OIITLINE 2N TFiE ASPEN '��
r TIMES WE$KLY ON THE lst DAY OF Februarv, 2997. '
.�
• � I BOARD OF C COMMISSIONERS
'
'ATTEST: OF PITKIN CO TY, COLORADO -
� I �-aFf�7 By: -�b-rj`/
J nette Jo' s (date) B' te (date)
D uty Cler & RecordeX Chairman •���
�
i
_-- f"
,
. �
��
t
2 ':1' =k.:.
i �� �1
i
� ��
' � ,; :. __ ..,_..__<..
� . - '�� � .�G '..�: .�_�. . :. .. _ . ., .. ._ �. . �,�. tl
.. . _, .,;.. . -.._....�.. ... . _. -. .,. .
�
r� . � �. .�,�> . .
�
�
- n �
� ' •.I. .
. � • ,
�,�. • • �
, .�------- — _ .___�_ — — --- __---.�__.__.
,wi
�.
:j`.
�
-�y.
�� .��'�.:�
� I�'i.,'r'. . . ,
MANAGER PP120V . `�.:_: .:5;�{,`,
,,.
. � - .
"`�>.
.�(' zanne Koncha "�`��
� County Manager t',-''�'.
� - .
AP ROVED AS TO FORM: `�,-��� +
S','
�Jo Ely -y`;�
County Attorney j�� ��
4'��
j APPROVED AS TO CONTENT: '
�;•
.• I ;QC.PdL-l�.c�'N�c.� 'w
� .< 1 Scott E. Smith, A.A.E. i?
` Director of Aviation '
i r.' .
( F
� CeleEon\osd-phon.crd ,� �
�:
�
1
E
, j
{
f
S
a
t
. li
S,
�(
_._._..,�i .
�� �
� �
I �
7
�•
' 3 � :`^:-..
� 4�-:
4.
i �'-;'
,.;,. �
' i
i �� ,.... �.,. ..,...,. ._..., .. ..,-T. �l �;... .i. .... -�.... ,. ..._ �.a-._. , , v,. \��
. , � . �:�� ��..4��.
�
' '.� . . . � -- � � � .
� : �� +: . � �
. :
. . . � :
, : . , � .
_ . , .
.. .
. .
. .
� . �_ __,___ _____ ___ _ _ _____�
:��
��
� �
�'�Yap�
a ! ;�t,F
'a'C�L1M.
�y.'�,.
. ��� 'R����':
, LICENSE AND USE AGREEMENT '� �- .
i
�IRPORT PREPAID TELEPHONE CALLING CARD CONCESSTON �,. ��
ALPINE VENDING AND VIDEO. INC. �' ..
:,;.
THIS LICENSE AND IISE AGREEMENT made as of the date last below i`:�,,.
signed, is by and between the Board of County Commissioners of ;;i;.' ::
Pitkin County, Colorado, a Colorado home-rule county ("County'�) an3 ��r:.''`
Alpine Vending & Video, Inc. ("Alpine Vending") a Colorado Company :�" `� �
("Licensee") : +''`:�~�
(.�":.
WHEREAS, the County is the owner, sponsor, and oparator of the ���._;;: .
Aspen/Pitkin County Airport (Sardy Field) , located in Pitkin County �''
in the vicinity of Aspen, Colorado (hereinafter the "Airport") , at = ' '
which it has made available certain public airfieid aviation s ,
terminal and facilities, certain areas for public use, certain _
:+ areas for exclusive and non-exclusive commercial use subject to ? �
+ ; � .permit ,and certain__reseryed areas; and .....,.._., ., . . �,: �
i "-""" �- "-"�iEREAS, the County has the authority to operate and manage the ��,�
Airport, to regulate commercial activities at the Airport and to
lease and license space thereon, pursuant to, inter alia, C_R.S. �,i
30-11-107, 30-15-401, 30-35-201/202, 41-4-101 et seQ., as amended,
Title IV of the Pitkin County Code, as amended, and Section 8.7 of
, the Pitkin County Home Rule Charter; and
WHEREAS, Licensee is engaged in the business of providing prepaid
telephone credit card services, in which service and business it
desires to occupy and use some of the said Location and facilities _
- . of the Airport for commercial purposes; and
� NOW, TIiEREFORE, for and in consideration of the mutual covenants,
terms and conditions contained herein, the County and Licensee do
mutually undertake and agree as follows: �' .
1. Granting of License
' 1.1 The County grants to Licensee, during the term of this E
License, the right to operate two (2) prepaid telephone calling
card concession machines in the Airport main air carrier terminal
facilities, in the location and under the terms and conditions '�
. hereinafter described. This right shall be an exclusive right,
subject only to present and future, state.and Federal ].egislation, ;
regulation and case law affecting the County's power to grant such � ,
, exclusive rights.
1.2 Nothing herein shall be construed to prevent Licensee
' from proposing to enlarge and/or relocate its licensed area or from '
bidding/proposing on further permitted prepaid telephone calling �v ,
card concession machine operations.
,
1.3 The County also grants the rights of ingress and egress �
to the Location and the right to use the public areas of the � - �
� .
�•.- ,
' . . . _...... _ . � '`�...
. . .. . . �. �� . . . '� . . . . . . '� -' '
..... _. ..... .. .. .. . � �
. . ....�. � ..... . � ., .
/ . � 4
t_ _. �
.�. .
� . �
� `. ,
♦
— . ._'
.y. �__ ___..�.-.._.. ._ . —.—... -- .
..,i
- ` «
�f�.° �:;:..: , . . . . . , ._ . .. .<. .
.. �,�'���;
;i��� ....�,
�`t�;f`;�'�i:'4'„•:
ti ..�y�v
terminal, so long as such rights do not interfere with the rights -
of other lessees, licensees or permittees of the terminal, the -�:t��; ��;,
traveling public or the safe and efficient operation oE the �.�
terminal. ,;,•�: .<
. '-,'
2. TERM. The term of .this License and Use Agreement sha11 '- =
commence at 6:00 a.m. MST on Januarv 23rd. Z997, and expire at ��;'�`
10;00 p.m. MST on Januarv 3lst. 1999. �,'.°��,;
2.1 Renewal. The County may, if it so desires, provide the �` `^
Licensee with an annual review of its performance under this `''?r� �
Agreement to be delivered ninety (90j days prior to the anniversary '�:•:���
date, that anniversary date being the date o€ Beneficial Occupancy. ,
If no such review indicating unsatisfactory performance i.s 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 year. ;>x
2.2 At �the option of the County and provided Licensee is not `
in breach and has performed in a satisfaotory manner acceptable to �°:�
the County, the County shall have the option to renew this `'<<�
Agxeement for one additional one (1) year term. ;f
.,2i
� 2.3 The Count g
y's exercise of its ri ht of renewal shall be �i
exercised by delivery of written notice to the Licensee sixty (60) _
days prior to the expiration of the term.
a
3. License Fees/Pavments/Securitv
3.1 The fees and charges for the occupancy and use o£ the
iLocation for the term of this Licens_ and Use Agreement shall be
i due and payable, as follows:
3.1.1 The Licensee agrees to pay as compensation
� hereunder for the rights and privileges herein granted, annual fees _
; as follows: minimum monthly guarantee of $25.00 per month or
E twenty S?0) percent (°s) of the gross revenues whichever of the two
is higher, .as eollected, reported, and made payable on a monthly '
l basis as provided below. `
:�
3.1.2 For purposes of this Agreement, "gross revenue" t
� shall mean: the total amount in dollars of the actual sales price, �
whether for cash or on credit or partly on credit, of a11 sales of
all prepaid telephone cards that are purchased at the Aspen/Pitkin �
� Coun�y Airport, less applicable state and local sales tax, if any. ' .
3.1.3 No deduction shall he allowed for uncollected or
uncollectible credit accounts. �,
3.1.4 Payments for any month or part of a month shall be
due and payable on the first business day of the month succeeding ;�
any month in which operations take place. The Company agrees it �X-,
�
2
'f.. �
_.. .._---.. � _ _ __. .. �
,.
_ . . .,. F ,
� ��� �
S "i
^ .. . . � ' . � '�.... +
• 4 `
. .
. . ,
.� . . .
,..�----
_ _ __ - - - - _ . - -- ----
�r,�
- .� �
'-;.�.� . . �---
r
�����a`�;;
.s�'�"�''�
S .
C
�::��'-;ni�?''
. '.F,.,:�.;�:}�i.,
kiu,_
will, with such payment, submit a detai].ed statement showing the ' '"
Company's gross receipts for the preceding month, said statement �;,; ,,
shall be submitted on Workpaper A attached hereto as Exhibit "A", :: �: �;v
and made a part of this Agreement and signed and certified to be
accurate and complete by an employee of the Company authorized to '`�°�;`�: .
make such a certiEication. = � � �
i..`
3.1.5 The monthly payment as provided for in Section
3.1.1 and 3.1.4 shall be considered delinquent if not received by ./' ` -
the fifth (Sth) day of the month due. If the fifth (Sth) day of .�' �'' �
the month is a Saturday, Sunday or legal County holiday, that >-�`��
payment shall be delinquent if not received on the next business
day. �;.''%;.
All payments shall be made to the Pitkin County � • `
Treasurer, 506 East Main Street, Suite 201, Aspen, Colorado, 81611, �, .
, ,, with a simuZtaneous copy to the Office of the Director of Aviation. ��,
All deZinquent payments shall accrue default interest on any unpaid F '
-�and delinquent balance on the £ifth {c:.h) day of every month so r °
- -- -------delinquent at the rate of two percent (2%) ger month on the unpaid
! balance, compounded monthly; default intezest shall be due and ''.,�
� payable without demand with the next regular payment due. Amounts
received shall be credited first to acerued interest and then to �,�5
accrued and current payments due.
4. Vending Machine Area and Use. The County shall provide the
Licensee with the exclusive right to occupy and use the area(s) as
is depicted on Exhibit '�B", attached hereto and incorporated herein
by reference, for the sole purpose of operating an Airport prepaid
telephone card vending machine concession, as set out herein.
• � 5. Hours of Ooeration. Licensee shall provide machines that are
� adequately equipped, provisioned, and operational to serve the
market demand seven (?) days per week throughout the year at those
same hours that the commercial terminal building is open for
business.
; 6. Level of Service. vending machine services sha11 comply with
� all state and county regulations and shall be conducted in a
� courteous and helpful fashion. '
I!
' � 6.1 The licensed area and machine(s) in the terminal location i
: shall be maintained in a clean, attractive and first-class manner. (
. 6.2 All other commercial acCiviti�s are prohibited unless ,
• such activities have the prior written approval of the Director of
Aviation.
7. �ual�rv of Service/Comnlaint Resolution/Performance Review bv
Countv. The Licensee shall conduct its commercial operations
hereunder in a manner consistent with the standards of a first- .
class tourist resort and conference destination. _
`:i=__
3 �.' �
;,�
:r j
�. . . . . . _ . _. . _. . ..... .. _.�. . . . . . . . . . . . ._. ..: ....._. .. . .. . �� .
/ . �}
v
^ , r, :
` .I, •
, • . ' �
� ' . •
,,�„_.__._ ___._._ � _ _ __ . _ _.�__..__
:;�+
__
� __�_ _�.....r _
,��_.���.�.�.
� �
; '
�ir�h:�'.
�;,.
''�+' a�,,.:
- 7.1 Licensee acknowled es that the Count has an interest in ���`�'�'�?`�'`-
4 Y W:.:.�:t,s'<..
resolving any complaints arising from the Licensee's operations, ; ,•.
both as Licensor and owner/operator of a public Airport. Based on ` �
the foregoing, in the event that County shall receive any complainC r� :
arising from the Licensee's operations, the County shall . �-,'�y
immediately transmit such complaint to Licensee for resolution, r.f� •�•
(, '• .
7,2 Within ten (l0) business days of the receipt of written a��,'.
notification of a complaint, whether submitted by the County or by �•, ,'
a patron to Licensee, Licensee shall provide to the Director of i��:, '=,
Aviation a written report of the compZaint and its resolution or of ;q:;. :�•.� -
Licensee's attempts at resolution. ;;:r`?:.
7.3 Zn addition, Licensee shall submit an annuai report to �`'';' "
the Director of Aviation, on the first da of the month of the °: ''�` -
month of May, of a21 complaints received by Licensee, including �_ r
those referred by County. Failure by Licensee to resolve a great
, "� majority of any complaints to the satisfaction of the Director of
! Aviation shall be cause for termination hereof. The Director of
� Aviation shaZ1 promptly respond to complaints by the public or _
� submitted by the Licensee. ;.
� 7.4 Licensee's employees shall be safety-conscious, ��
environmentally-sensitive, helpful, courteous, and dressed ���
appropriately at all t.imes, consistent with acceptable customez c:'?'
� relations practices at first-class U.S. destination resorts. ,9
e. Reserved Riahts of Countv. County reserves the following
rights wzth respect to the Location and the uses and operations to
'
be conducted thereon by Licensee.
j 8.1 County reserves the right ta unimpeded access over and
� across the Location; provided, that County shall not, in the
� exercise of this reserved right, unreasonably interfere with
Licensee's use of the Location. County shall be entitled to enter
upon the Location and into the buildings and other improvements
� thereon, ,in a reasonable• time and manner consistent with the -
purpose of the entry and inspection, for the purpose of inspecting
the same, ensuring compliance with the terms of this License,
preventing waste or loss, responding to emergencies or complaints
or enforcing any of County's rights hereunder. �
3
8.2 County reserves, for the use and benefit of the public, `
� the right of flight for the passage of aircraft in the air space �
above the sur£ace of the Location, together with the right to cause
in and around said air space such noise as may be inherent in the �
operation of aircraft utilizing the Airport. •
8.3 County reserves the right to protect the aerial
approaches of the Airport against obstruction, including the right
to prohibit Licensee from erecting, or permitting to be erected or
maintained, any building or other structure or obstruction on the
t -
4 . �. '�i
�. !
. ..f��. .� .
.-......,. ._..._�. ...._ . .
_ . ..;. . .. ... _ . ..'-'-_. ._._.__... ... _ . .� . _._..__.. ._. _ ... �
.. , � ... .. . . . . . :i.�{
r
/ . � • .
. 4 �.
�
.. � � � � ' . I�. . t
`. .
. � .
� �
.} ' .
� :M^'�"'�"_" .__-�-._. _. . -___. _ ._ . ._._ __._._ ._.,_�__
��
��t
� . �--- _.____ �._ . ..
.,. . ..
....__ _L
� `�;
, ,„��:
�;,'��'�� ,
.,:
��,�';�;.,.
- �.,'.;,#,;a;:
Location which would, in the discretion of the County, limit the '�`��..
aeronautical usefulness of the Airport or constitute a hazard to ;;: _,
aviation. ;�s
8.4 County reserves the right, during the time of war, or '�'�,����
national emergency, to lease the Airport or any part thereof, ' � '
including the Location or any part thereof, to the United States t`•:
Government for military purposes, and, in the event of such lease '�
>.�' '
to the United States Government for military purposes, the ;u�=:,�:"
provision of this License shall. be suspended insofar as such �'r: "=
,.,;.,. :
provisions may be inconsistent with the provision of the lease to r•
the United States Government_ ' >"'
8.5 County reserves the right to subordinate the provisions [�.. �
of this License, without prior notice to Licensee, to the �� �
provisions of any existing or future agreement between the County ; '=
and the United States Government relative to the operation, c' ..
i maintenance or development of the Airport which has been or may be �
1 ,___, required as �a condition precedent to the expenditure of Federal j. `
,! � -""funds for the development, maintenance or operation of the Airport
i and, if such an agreement is entered into between the County and "a:t
the United States Government," the provisions of this License shall
be suspended and/or autom�t'ically modified insofar as such �j
_ provisions are inconsistent with the provisions of the agreement �
with the United States Government. If, by reason of any agreement =�
with the United States Government as aforesaid, it becomes
necessary to modify, relocate or remove any improvements or other
structures situated on the Location, the Licensee agrees to modify,
• , relocate or remove any such improvements or structures as directed
by County and County shall reimburse Licensee for the reasonable
_ � cost and expense thereof.
� 8.6 County reserves the right to direct, in its sole
r discretion, all activities of the Licensee at the Airport in the
event of an emergency. '
; 8_7 County reserves. the right to further plan, develop,
i improve, remodel and/or reconfigure the Airport, including the
� location, the terminal building, and existing vehicle and
� pedestrian traffic patterns, and parking lots as County deems '�
. j appropriate without interference or hindrance by tha Licensee, and �'
; County sha1Z have no liability hereunder to Licensee by reason of i
� any interruption to Licensee�s operations on the Location �
occasioned by such County activities; provided, however, that '
County shall consult in advance with Licensee on such changes and ,
� if Licensee shall be unable to conduct reasonably norma2 seasonal �.
business operations on the Location by reason of any such County �,
� activities, Chen the fees hereunder shall be equitably adjusted
during the period of such interruption.
8.8 The County reserves the right, in its sole discretion, to 1
enter into agreements for the financing or re-financing of the ' � _
� .
5 �
_ , _ _ _ '
J. __ _ _ _ _ �
/ ' . . .��4 . .
J1 ti
, _ � t_ '.:...
�- V
�.
' • . .. .�.. .
'ti •
.,
���__ _ .. _... �� _' .'_ —
b'�
''+��� ..-.. ,° �...� ... - _-. . -- ,� .. . .._..... � ...�1 :i�:y511�.�...^'F�37I.,$a�.l�'..�,',^�'�IJW�.Std•
. {���f'
. �;'";�..-`"Y'ik;.
"',o
airport and Licensee agrees to cooperate in providing information ; .,
to prospective lenders and in providing estoppel certificates, if .��
so reguested. ,�•�' ._
'_�:,'
8.9 County reserves the right to prohibit any commercial or : . �
non-commercial activity by.any party on the Airport, which activity '` �
is not expressly permitted in writing.
•3�:•:��.i...'."
8.10 County reserves the right to establish and enforce >.';. '-
reasonable rules and regulations for the conduct of activities and Ea.i,Y., '
uses permitted herein and also to promulgate minimum standards for 3 ;"
the conduct of commercial activities related hereto including, k;•:'�� .
� without limitation, minimum hours of operation if the County ,
determines that the needs of the traveling pubZic are not being
_ � met.
� .;. ,,;
i 8.11 County reserves the right to refer all development
! proposals hereunder through the established County land-use '
application/review process, with costs and fees thereof to be paid •`•
! by the proposed developer. ��
I9. Acceotance of Location. The parties acknowledge that Licensee i1�i
� has been in possession of the liocation and agree that the Location #
' is accepted on an "as is" basis.
9.1 Use of Location. Licensee shall have the exclusive right
to use and occupy the Location solely for the purpose of
_ maintaining a vending machine c4ncession lacation as defined
herein.
; 10. Coordination with other Airoort Users. County and Licensee
� acknowZedge that each has rights and obligations arising from
� various third-party agreements with other Airport users. County
and Licensee agree to cooperate with each othez to effectuate these '
� third-party agreements, so long as such agreements are not illegal,
� impossible, or do not unreasonably interfere with Airport
operations or the rights and obligations of the various parties.
� County and Licensee acknowledge their respective obligations as
signatories under the following Agreements:
� 6 10.1 That certain Agreement for paid parking services between i.
� Pitkin County and the commercial parking services licensee. �
' 10.2 Those certain Agreements for commercial ground ' .
transportation including taxis, limousines and buses.
10.3 Those certain agreements for on, or off-airport
commercial car rental companies.
10.4 Those certain agreements with the scheduled commercial
airlines. �'~--
• �' �
. 6
�;1 :
�;
' ____ . ,...__., _.
. .. ._ . ..... ..... .. ..:. .... . ... ... .... ........... 4} .. ;
, .. . . , . . .. .
, �. t.
� 1 '.
� . t �
� .�.
� '
� '
.� .• . ,
� ��'_ _.�--r�._.. ._... .�__" "_ ..�. .. _.._ '___
A,r
__... "
, ���'
f�`;� .;�:�
�j`-�§�:�
' 10.5 That certain Agreement between Pitkin County and the �':
airport restaurant licensee. , �.
��.
10.6 That certain Agreement between Pitkin County and the
airport gift shop licensee. ',�.;� .
10.7 That certain Agreement between Pitkin County and the E:_ ,
commercial terminal building advertisement/marketing licensee. j : .;
� 10.8 Such further and other a reements as the Count ma amend � �`� ,
4 Y Y j': �..
� or enter into from time to time in the normal operation of the (::Y: �
Airport, provided there are no conflicts with the terms of this
Agreement, and provided that Licensee shall, upon request, be
provided with copies of any agreements that are connected to this '
obligation to cooperate, as set forth herein. !: '
11. Comoliance with Aoplicable Laws and Revulations. In �
� .,.
" i connection with its occupancy and use of the' Location and the ?_
conduct of its operation thereon, the Licensee shall: •
11.1 Comply with all applicable laws, rules and regulations �
of the County of Pitkin, the State of Colorado, and the United p
; States of America and any and a11 departments and agencies thereof, �`�'
as the same may now exist or may be hereafter promulgated or �r
amended from time to time.
11.2 Licensee ag'rees it will use the premises herein
described in accordance with all rules and regulations adopted by
the County, or its Director of Aviation, for the management,
' operation and control of the Airport, either promulgated by the
I County or said Director of Aviation on its or his own initiative or
� by or in compliance with regulations or actions or any Federal
- I agency authorized to regulate interstate flights to and from said
Airport.
y 11.3 Not discriminate against any person or class of persons '
� by reason of race, color, sex, creed, religion, handicap or
national origin in providing any services or in the use of any
facilities provided for the public in any manner prohibited by �
--- Title 49, Code of Federal Regulations, Subtitle A, Part 21 of the t,
Regulations of the Of£ice of the Secretary of Transportation, and 1�
shall comply with the letter and spirit of the Colorado Anti- ��
Discrimination Act of 1957, as amended, and any other laws and
regulations respecting discrimination in unfair employment �.
practices, and shall comply with such enforcement procedures as any �
' governmental authority might demand that the County take for the
purpose of complying with any such laws and regulations. �j
11.4 Pay promptly all taxes, excises, license fees and permit �
fees of whatever nature applicable to its operations hereunder and �
to take out and keep current all licenses, municipal, state or 4 '
Federal, required for the conduct of its business or the operation : + • _
r i -
7
'.
�
, �:
_ _. . _ _ :_-_ � _ _ �.
, �,:. .
�
�
�: - :
,
. - �;. .
.� � _ - - ----_
, .�._-- ----_ _ _ _
��
� _ �
. �
���+;�`�
��,`����,°.
4�'�}:
��!��.�i';�...,
I'
or its equipment, and further agrees not to permit any of said ,�•�,'� '�
taxes, excises or license fees to become delinquent. ' •
'3;i�
11.5 Comply with the rules and practices as set forth in the � `T�
current Pitkin County Airport Certification Manual, Airport •;,���i-'_
Security Plan, and airport. policy and/or procedures memoranda, as ` ' •''•,
amended from time to time. Any fines assessed against the County �;-� �.•
by the FAA as a result of the Licensee's failure to comply with the �` '
provisions of this paragraph or other intentional or negligent acts
or omissions of Licensee, its employees or agents will be paid ��Y::`:_.�.`
promptly to the County by the Licensee. �
- ,,::+�4
11.6 Conduct its commercial activities in such a way as not '��::•�� "
to unreasonably interfere with other permitted users of the Airport
in noa-exclusive areas. Courity shall operate the Terminal in such .�
a way as not to unreasonably interfere with Licensee's operations. t� `
� .,:
, 12. Licensee Reports and Books and Records: Countv's RiQht to \L
� Audit ' �' L -
�:
12.1 Licensee shall file the following:
. ':»;r
12.1.1 At the completion of the contract year, Licensee �;�,:
shall file a statement of annual gross receipts =; •R
reportable, includable and excludable under this ;,i�
- i Agreement, which report shall be prepared, signed and ?�f
certified as correct by an official of Licensee •I
authorized to so certify. ,;
12.2 Licensee shall maintain full and accurate books of
' account and records from which "gross receipts", as defined herein,
the amount and nature of all business transacted on or though the
� � Airport Location and the amount of percentage rental owed the
County hereunder, can be determined and verified, according to
j standard and accepted accounting and auditing practices. The books
of account and records that Licensee must maintain must include, - .
j but need not be limited tos legible, true and accurate copies of
j all written and electronic r.ecords and reports kept in the normal
course of Licensee's business including, without limitation, sales
_ slips, monthly sales tax returns, sales and disbursement journals,
general ledgers, bank statements, bank books, bank deposit slips,
annual federal income tax returns, state sales tax returns and all
Airport-related revenue reports submitted by Licensee to its �j
francaisor (if applicable) and a11 computer and/or microfilm or 1
micrc=iche reproductions of the above. These books and records
• • shall be maintained on a current basis and shall be attainable for ' .
audit at the Licensee's business office within a period of no more
than 'ive (5) business days from the date of demand.
12.3 Licensee's financial recordkeeping and reporting system
for all business conducted on or through the Airport Location or � �
subject to this Agreement shall include, without limitation, the "i'
,
8 � -:
; !
��
. . ..._ .._....-. . __.__... .;__ ........ _.. . . . L ..
/ .. .. .......... . .. .. ..�.. . . . . . ... . . .. . . . .. .. _. . , V•_
♦ t '.
�
�w . t • !
�'',
♦
�: ' ... ._�.... - .-- . __ ..._ ...____'�_.._ .
, ��__. .__�-.__ _
Lr�
:,� . _._....i.. . _.... .._,...��r�._._.��-d_.__r..__.
, . \�.__' _'-'__-"' -. _ . ... .____'_�_.�.�_ ^ .
1� {� �1Lk�.
���,;r� l`:
t
�:ri�.:;.:
. �`f�"�'.
following: �`= .
12.3.1 Workpaper A , attached hereto as Exhibit "A", ;�
and made a part of this Agreement. • ' '
�:;'
12.3.2 Any other document or procedure which, in the . �.
reasonable discretion of the County, is necessary or
useful to determine or verify Licensee's obligations
hereunder. Such new documents or procedures shall be
used or instituted a reasonable time after written notice
�
thereof has been sent by the County to Licensee. ;;.-�°
12.4 The County, annually and at the.end of the term herein, ;;.-:. .
unless expressly waived by the County, may conduct audits of � "
Licensee's books of account" .and records, which audits sha11 be -
conducted upon reasonable notice to Licensee and during Licensee's S
„- . normal weekday business hours. In performing such audits, County
shall be entitled to review, and Licensee shall be obligated !
,E promptly to provide to the County upon ,demand therefor, all of the �
' =._-- --.--..books of account and records that Licensee is obligated to maintain
} pursuant hereto, as well as other records, documents and files in
Licensee's possession, custody or control during the term hereof �
• that the County, or its auditor, determine, in their reasonable
discretion, are useful,. relevant or necessary to determine or
_ j verify the correct amount of reportable, includable and excludable
revenues and gross receipts enjoyed by Licensee, and the correct �
� amount of percentage renEal owed by Licensee to the County, for the
period involved. Should Licensee fail to maintain the books of
account and records required to be maintained pursuant hereto, or �
• E should Licensee fail to deliver and permit County or its auditor to =�
review Licensee's books and records, and other documents and files,
ji as required by this subparagraph, said default is agreed by the
' parties to be a material breach of this Licensee Agreement and
' i Licensee agrees to pay, as liquidated damages for such breach, an
�; additional amount equal to either fifty (SOg) percent of the
= l payments and charges due from Licensee hereunder for the most
� ; recent operations year for which such books of accounts and records
y ; are avail�ble to the County; provided, however, that Licensee shall ;
j `: only pay these damages for failure to keep required records if such j
; ! requirements are reasonable in light of Licensee's business ;
� ' practices.
• 6
� if any audit shows percentage compensation and other fees and
charges that should have been paid to the County by the Licensee
pursuant to this Agreement were understated or underpaid for any ,
' period involved, Licensee shall, within thirty (30) days notice by
County of any such deficiency, pay to the County the full amount
underpaid, plus two percent (20) interest per month, calculated as
provided in paragraph 3.1, on such underpayment from the time said .
unde:'payment should have been paid to the time said underpayment is ; �,
fully paid. If the amount of underpayment exceeds exactly three �
(3°s) percent of the total percentage compensation that was owed by j "'
9 } � _
1
,
`� '
_ _.._ _ , , __ ._.
_ � _ . . �: :
, ��::
�
... .. ;
- -;..
. . .
. .
. . __ ___. ----
� .�.---- __._.__ _ — __ _
a.�
�.� •- �-- ----- --- .
���.
�3-- � ,`�
,.�':„�� ,
��;'�..-��:�,.
Licensee to the County for the annual audit period involved, .
Licensee, i.n addition [o a in the count the under a '� "
P Y 3 Y p yment owed " . - ,
and interest accrued thereon, shall within thirty (30) days notice -t:p�� .���
by the County reimburse the County for the cost of the audit not to .. �,a
exceed Fifteen Hundred Dollars ($1,500.00? . If the audit discloses �'
�r'��.�.�'
overpayment of the percentage compensation paid to the County by .
Licensee, the County shall refund the amount of overpayment to �
Licensee within thirty (3of days of said audit. l��`'.•
The County shall hold all information obtained from any such q::�;�s �''
audit in confidence, except as may be necessary to enforce the
County's rights under this Agreement, except with respect to tax '`�':r4"
proceedings, and except with respect to any legal requirements or 'k:-1�-:
Court Order to disclose said information.
,�`.: ;� .
�
12.5 Prior to the approval by the County of assignment or
, . � transfer of any financing, equity or operational interest in this
License or in Licensee of 10% or greater, the County sha11 be �`�;
� entitled to a gross receipts audit as provided hereinabove at the �' '
i sole expense of the Licensee. Normal financing for inventory, `j�,
' operations, and equipment shall be exempt. �'a
}'wr
13. Environmental Ouality Improvement Policv r'h
�.�r
• It is the policy of the Pitkin County Board of County Commissioners �
(SOCC) that Pitkin County plan for and continually raduce _�
environmental degradation. It is the express intention of the BOCC .j
that all County lessees, licensees and permittees strictly comply .!
with all existing and future environmental rules and regulations,
� � and be sensitive to all present and future environmental issues.
; The County gives notice that environmental compliance and
- + sensitivity to environmental issues are and will be substantial
� factors in future performance reviews and procurements.
14. Airoort Master Plan. The parties acknowledge that the County
has adopted an Airport Master Plan that provides for potential ,
changes to the Location during the term hereof. Licensee shall
cooperate in the implementation of said plan and will make no c2aim
I against the County for other than the unreasonable interference
with its business activities caused by such implementation. Copies :,�
of the Airport Master Plan Update are availab].e for inspection or Ii
for sale in the office of the Director of Aviation.
i ��
15. Utilities. County shall provide electrical utilities normally �
associa�2d wzth this specific vending machine concession.
16. Maintenance and ReAair of Location.
16.1 County shall, at County's own expense, keep the
structure and exterior of the Air-carrier Terminal and the interior
common areas in good condition and repair. The County sha11 be .,
responsible for maintenance and repair of the roof, exterior walls, '
io j, ,�"--
t'.
;; '
;t
_. . . _._ . .
_ . _
_ . _ _. . •-�:
���
��. ,i.�,
� ,�
� . ;, . ,
_
, - ;
.�, � . . �
. ...----- ---- . � .
a�j
_-..` .`.
�t' �.,�j.µt$'•,
�%:���,;::
���'��:...
�i�;' `�:'•�.::�,
_;"�. .
floor (excluding floor covering) , structural components, heating, ,�'�_
lighting, ventilation and electrical service (to the point of � '. �.
connection) ; except if any damage thereto is caused by the �:i.`" '•
negligence of Licensee, in which case Licensee shall be responsible `�"•"~�
for such repair. Licensee shall be responsible for maintenance and :'�:' �"
repair of all its trade fixtures and equipment; except if any � ��.
damage thereto is caused by the negligence of County, in which case �_t::�,�,
County shall be responsible for such repair.
16.2 The County shall provide normal custodial sexvices �>.`�' �,
(sweeping, mopping, trash collection, snow removal, etc.) to the :_:+:::r:�'�
common areas of main public terminal facilities. Licensee shall �
��::;�...
provide normal custodial services within .its exclusive area and ;«.
shall kee its exclusive areas clean, icked-u orderl 'r`�'' " �
p p' p, y, in a safe 7.;:.
condition and in accordance with first-class maintenance practices f��.:: `
and in common with other users of Licensee's classification.
16.3 Licensee shall not cause nor, when advised thereof by �;:-`�
' ' the Count ��
y, permit any dangerous or hazardous condition or nuisance � '
,_,�.;___„__._,�_to exist rela'ted to the use and occuparicy granted herein. �:
16.4 Licensee sha11 . not place any displays, signs, '�`
advertising or brochures upon the Location, except of such design, ' ''
content and structure as shall be approved by the Director of ��j �
Aviation, provided that such approval shall not be unreasonably '�j
. withheld. Any sign permitted by County shall, in addition, at all ;i+
times comply with applicable Airport policies, rules and �I
regulations.
I
i 17. Licensee's � Personal Pronertv/Trademarks. All personal
'i property, equipment, furnishings, decorations and trade fixtures
placed upon the Location by Licensee shall be at Licensee's sole '
'• risk, and County shall not be liable for damage to or loss of such
personal property or trade fixtures arising from the acts or
omissions of any persons or from any causes whatsoever, except from
the acts or omissions of County, its agents and employees. '
Licensee represents that iC is (and will be for the entire term �
jhereof) the owner of or fully authorized to use any and all
services, processes, machines, articles, trademarks, logos, names
or slogans to be used by it in its operations under or in any way
connected with this Agreement. Licensee agrees to save and hold :i
the County, its officers, employees, agents and representatives �
free and harmless of and from any loss, liability, expense, suit, ��
demand or claim for damages in connection with any actual or
. alleged infringement of any patent trademark or copyright arising ��'
from any alleged or actual unfair competition or other similar
claim arising out of the actions of Licensee under or in any way
� connected with this Agreement. �
*:f: �
18. Destruction of Buildinas and Other Improvements. If the :i�'
buildings and other improvements located upon the Location shall be , -
� �-
11 :�� �
.'...'
:�a
' 'F�:1, .
. ...._...__. .._.._ . _.._ �. .. . . ... . _. . . . .
.___.. _ ._ ._._ ,.. .... .
/ ._ .._ .. . _ ,, .
F
,i ':.
"` • •I.
� � .
• . .
°, __—•-- — - — --
_ _:. --------
. y..---'— .
a.S
y
.:r��n�;��;;
��:��=���;s'.
.� . �,;,
"'�.�.�:
rendered untenantable by fire or other casualty, County shall, at ;:��r?.
County's cost (subject to and secondary to Licensee's obligation, -'�
if any, to provide fire and casualty insurance for the Location, as �:_i•'r�' ;,
provided below) , restore and repair the same to tenantable " �`�
condition as speedily as possible and the rent shall be equitably �-�':' ' '
adjusted, in whole or in part, during the period of such � ��.
restoration and repair according to the portion of the buildings or �."�.�,,
other improvements so rendered untenantable; except that there
sha11 be no abatement of rent if such fire or other casualty sha11 ��=.:.�'
• be caused by the intentional acts or negligent acts or omissions of , .� '`'� ;,
Licensee, its agents, employees, invitees or licensees. ;.,_,::;�.~-
Notwithstanding the foregoing, County sha11 not be obligated to
expend in the restoration and repair of any buildings or other •k`�'^
�:� . ,. .
improvements so damaged by fire or other casualty in excess of the .,..,•.:
insurance proceeds received by County by reason thereof. If such ;;�':; •
insurance proceeds are insufficient to pay in full the costs of
such restoration and repair, County shall not be obligated to
undertake such restoration and repair uniess Licensee shall agree �%i�`:
to contribute to the costs of such restorations and repair in an �°'
amount equal to such deficiency.
� � ,
19. Indemnitv and Insurance. ^t. `�J�
+ ,•
19.1 The Licensee, (including, by definition here and ,��`
hereinbelow, the officers, agents, and representatives,) shall '�'
� ' release and discharge the County; and the Licensee shall indemnify ij
� and ho13 harmless the County of Pitkin 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
I compens>tion in any form or kind whatsoever for any bodily injury, i
� I death, personal injury or property damage arising out of or in
� connection with any intentional act or negligent act, error or
omission by the Licensee, loss of use of facilities/premises, or
� for any resulting liability alleged to accrue against the County on -
i account of the Licensee'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.
19.2 The Licensee further shall investigate, process, respond
to, adjust, provide defense for and defend, pay or settle all ��
claims, demands, or lawsuits related to its acts, errors and
' omissions hereuader at its sole expense and shall bear all other
' ' costs ar.d expenses related thereto, even if the claim, demand or '�
lawsuit is groundless, false or fraudulent.
19.3 To .fund this indemnity, in whole or in part, the �
Licensee shall secure and maintain for the term of its contractual �w��
relationship with the County such insurance policies, from ;t;
companies licensed in the State of Colorado, as will protect + � _
I "
12
;•� 1
S•.•;�S
.i;
.. ...."_........._.. . f. . ._. . . 1 � �
., ._... .. ... . _... - . .. . .. . �. . .. .. . . . .. .. . . . .... .. .... : . .
/ �� � � I ', � .
V
� �� . �
� • I�
. . ,..
.
�. .._ . __ _..__" '__"_�_"'_.
' , _��.�__ __�.�.. .. . .. -
�P�A
'� �` - ..J �•
K . � '
.. .... . . . . - ,.. . ., _.::i��......i�.e:i.-�.t �!,l�-��.�i:. J.t�+�:�ti'tSi l� ...
�,F��'s-
a•,
��S';
1,, Mi�
j�: :�+};0.':
. •�,-,
itself, the County (with the County named as additional insured) , �
and others as specified, from claims for bodily injuries, death, ' "`�>
personal injury or property damage, which may arise out of or '�
result from the Licensee's intentional or negligent acts, errors or r''.-;
omissions. The following insurance coverage, at or above the " -
limits indicated and including such endorsements as are indicated ��.''
by an "X", are required: �,:•��
�:
19.3.1 Statutory Workman's Compensation -- �:;".'� `
Colorado statutorv minimums e....�.w�
7:-•..
19.3.2 Commercial General Liability -- Policy Limits: r�',;,_:'
Bodily Znjury/Property. Damage Combined Single f .
Limit of S1,o0o.0�0; Deductible: No greater �
than $1,000;
Endorsements:
� : ° X Comprehensive Form (All Risks)
X Location/Operations
� X ProductsfCompleted Operations ;.
_.,.,_ • �
------------- X Broad Form Blanket Contractual
(Hold Harmless Coverage) Rr
�n
19.3.3 Comprehensive Motor Vehicle LiabiliCy �.
Insurance:
Bodily Injury - $100,000Jeach person
S3o0,o00/each accident
Property Damage - �50,0o0/each accident
' ( ' Endorsements:
i x Any Auto
� X All Owned Autos
; X Hired Autos
X Non-owned Autos 's
F .
j 19.3.4 Special Coverages:
Loss of Use Insurance
1 � Hold Harmless in accordance �
i with para 19.1 above i
?
19.4 To provide evidence of the required insurance coverages, ��
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 that fifteen (15)- 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 any contract and grounds for �:
• termination. � These Certificates of Znsurance 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 t+ �
requested (effective upon proper mailing) , has been sent to the � �
�
13 � �
� ;
;�;;.
ti:,;::
� . ....--- . . .._......__._ ....___. :_..:—�. ... . . . _... . __ . . _ ... . . .. ._ . . � . �F,. . `�.
/ ' �
V
. rw . . � t:l', _ .
\- - . - �- i. .
� .
, r
.
. � . . . -- __....._.__._..� �
�• _�,�__ --��.. — . .�"' _ .'_ '_ '
A,Y
.___ ._...._�.,....._...._„........-i,�__._. ,.___..
_... `�____ --�----- -- ---..�`..� � --� .
.. ���k��:
3",li�J,Y6 �.:�,
y"�,�;,•'.;�:�;:,,,
County (through the Director of Aviation) . (For purposes of this _ •�``' .
provision, "matexially altered" shall mean a change affecting the ~�'
coverages required herein, including a change to policy limits as -t� _. �i✓
set out in the then-current policy declarations page.) "'� ._
.;,�
. '�.,'
19.5 In addition, these Certificates of Insurance shall , �.
contain the following clauses: j'`: .•
19.5.1 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. °�-=�';.r- '
19.5.2 The insurance com anies issuing Che policy or ,k���^
P `i�-,:..,.,. .
policies shall have no recourse against the County of y-.-•
' Pitkin for payment.of any premiums or for assessments �;'�.
; under any form of policy. '�
, ;;,::
. i 19.5.3 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.
��'
19.5.4 Location of operations shall be: "all operations " �f�
and areas on the Aspen/Pitkin County Airport conducted by ,•.�;
�
or used and occupied by Licensee." ,�;�
19.6 Certificates of Insurance for all insuranCe policies �I
I shall be delivered to tlie Director of Aviation at least fifteen
i (15) days prior to a policy's expiration date except for any policy ;I
� expiring on the expiration date of the Agreement or thereafter.
� 19.7 County shall procure fire and extended coverage
insurance and boiler insurance covering the buildings on the
? Location for the full replacement value thereof. County shall
maintain such insurance in full force and effect during the term of
this License and shall furnish Licensee, at Licensee's request,
; with a copy of a certificate evidencing the issuance thereof. -
f . , �
20. Ricrhts of Seizure. County shall not be liable in any respect
� to Licensee in the event of any seizure of all or any part of Che
Location, or the buildings and other improvements located thereon,
by the United States of America or the State of Colorado in time of :
war or other national emergency; provided, that the fee provided ';
hereunder shall abate during such period of seizure to the extent J
that such seizure shall interfere with Licensee's ability to y�
conduct its business upon the Location. _� .
21. Iioldover. If licensee remains in possession and use of the
Location after the expiration or Cermination of this term, Che
parties agree that Licensee's interest in the Location shall be '�'
automatically deemed to be a month-to-month License and Use �;�, �.
Agreement; subject to the fees, charges, terms and conditions -i,
contained herein, or as new fees and charges may be established, ' -
I -
la i �
��
b.�
_,
' ___.._ ..__ . . -'
. ....
� • � .
�
� + ...
- -'+,
� I
� -
.
�. — _ ___------
,,.-�-�- ---_ — -
.a�
,
,:,. �_ __.•
,�..,
����2�.
;:.6��.{.�.
S
. - �;�a.,�f<,�,,�:'.
j
amended or terminated by the Airport upon ten (10) days notice. _���'=
Such new fees and charges which may be established during the term '.�_iJ .;,,
of the holdover will not exceed the highest bid amount, if bids are .,�
solicited and received, during the holdover. "
.. 1y•:'.. .J.
22. Assianment. Licensee shall not, voluntarily or by operation �.
of law, assign, convey or transfer this License, any of Licensee's j:�`; ,.
interest in this License or any rights and obligations hereunder;
or sublicense the Location or any part thereof; or assign, convey �' -
or transfer a controZling interest in Licensee's business entity, � '� , .
without the prior written consent of County, which consent sha11 ���-.�':r-�`
not be unreasonably withheld; provided, however, that Licensee
sha1Z be required to provide evidence satisfactory to County of the ����^ , .
�-; ;
successful business experience and financial sCability of Y;-
Assignee/Transferee, and aud.i.t of and £ull payment of all costs, .�: -. '
� fees and charges to the date of assignment/conveyance/transfer and
proof of compliance of the assignmentfconveyance/transfer with the ,�;;.;.
� County's Airport management goals and objectives, "including `;� '
+ : ( without limitation, small business goals, DBE goals, and `�� -
; environmental impact and quality of service:�' Nothing contained ,.� :,
' "" " --' herein shall be deemed to prohibiC Licensee from granting security �.�r
� interests in its personal property, fixtures, or related assets, '- Y ,
j which security interests may be granted without prior consent of �• ' s
., •1.
the County or the Director of Aviation. ,��
i ±
_ 23. No Third Parties. This License and iJse Agreement does not and '�j
shall not be deemed or construed to confer upon or grant to any ��
third party or parties, except to parties to whom Licensee may
assign this Agreement in accordance with the specific written
permission of the Director of Aviation, and excepting any successor '�'
Co the County, ariy rights to claim damages or to bring any suit,
� action or other proceeding against either the County or Licensee
ybecause of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
24. Relationshio of Parties. It is the intent and agreement of "
� Che County and the Company that they shall have the relationship i' �
� respectively of Licenso�/Licensee and Permittor/Permittee
� hereunder, and nothing contained herein shall be deemed or
construed to constitute the parties as partners or joint venturers, R �
and in no event shall County be liable for any loss which may
result from the operations of Licensee upon the Location or for any 'i
indebtedness incurred by Licensee in the operation of its business �
on the Location or for the claims of third parties against Licensee �
in the conduct of its business. y .
' .:1
�. in addition, County shall not be liable in any manner to the 1
Licensee for any damages the Licensee may incur due to the
�. inability of the County to deliver possession of the Location, or
i'
any part thereof, to the Licensee for reasons beyond the reasonable �'4, ,.
control of the County.
_t.
� , � _
15 '� �
f.
'��_��}
, .,._ . _. .___ ... __ ..._ .. � .. • " :
� F
t
� • K
Y
' � ''':. , � .
/\ . . ��',- : �
1.. .i.: ."..
� '
. ..... ._�_..
•h, �� _ ._. .. � - -' -- .__ -
c..)
�
-��;
;���
���,4_
�.,',.y{�v�'-��
. ....��2y t'�.:�.
�J
• 25. Non-Liabilitv of Countv's Aaents and Emolovees. No official, "
agent, or employee of County shall be personally liable to Licensee � �.
in the event of any default or breach hereunder by County. �;
26. Default and TerminaCion. If Licensee shall default in the • ''.
payment of costs, fees or charges when due or in the timely �.•.�
remittance to County of any other amounts to be remitted to County
under the provision of this License and sha11 not cure such
monetary default within ten (l0) days after written notice from �;�:.`:?.� -
County specifying such default; or if Licensee shall default in the
performance of any other obligations or conditions to be performed "-'r' �
by Licensee under the provisions of the License and shall not cure
; such other default within ten ii0) days after written notice from �
County specifying such default (or within three (3) business days .
if Che default is maintenance. of a hazardous condition or failure
to maintain and/or prove required insurance coverage) ; or in the '
event of the insolvency or bankruptcy of License; or in the event ye
. ! of an unapproved tby County) assignment, transfer or conveyance of
! Licensee's interest as defined herein; .then in any of such events
' if such defaults shall remain uncured after the cure period ''
' specified, County may thereafter terminate this License by giving �
written notice of termination of Licensee. If, however, the �'�
Licensee demonsCrates good faith due diligence in curing such ;�
• default as indicated herein, (with the exception of maintenance of {
a hazardous condition or failure to maintain and/or prove required
_ insurance coverage and monetary default) the County sha11 grant
additional reasonable time necessary to cure default not to exceed
thirty (30) days. Upon termination of this License, County may re-
enter the Location and remove all persons and property theref=om,
� using all necessary force to do so, and shall have such other
• rights and remedies as may be provided for by law ox in equity,.
including damages. In the event of any such default by Licensee,
; County shall be entitled to recover its costs, including a
reasonable attorney fee, in all proceedings in connection
there�oith. •
i 27. Surxender of Location. ,Upon expiration or termination of this
� License, Licensee immediately shall surrender the Location to '
i County in good condition and repair, ordinary wear and usage !
excepted; and Licensee shall remove a11 personal property, trade
fixtures, equipment or improvements then owned by Licensee and ��
removable by prior agreement with County from the Location and fl
� shall repair any damage to the Location caused by such removal. (�
Any personal property of Licensee, or anyone claiming under 1?
License, which shall remain upon the Location at the expiration or ' •
. termi_^_ation of this License shall be deemed to have been abandoned
and may be retained by County as County's property or disposed of �:
by CounLy in such a manner as County sees fit without compensaCion i
to any party. `
28. Notices. A11 notices required or authorized to be given "�
,
hereur_der shall be in writing and shall be served upon the party °[ ��'-
i� 1, I
16 x
� '.. .
�i-.. .
--._,... r . _ . _ . I
7 .
.. S ;. :
f t�
, F .., .
� . 4
.. � � t, �'° r
.�..
�a M • t
l
•
� .
• ' � ._ _.. .--- - ` � .
y. �_.� _
s..i
,.
�'�}�,�,,
`� �?.
entitled thereto by certified mail, return receipt requested, ���`�'�
addressed to such art at its address a g g �'�;.��'�� .
p y ppearin on the si nature a�'���:
page of this License (with a copy delivered to its Airport -' �=
Location) , or at such other address as either par.ty may so notify ;�;i.� .;�
the other party of in writing. Any such notice shall be deemed to ;: .. ti�
- have been received on the date so delivered personally to the party "`'
entitled thereto or three (3) business days after the same has been `'�' ; ?
properly deposited in the United States mail, with postage thereon ��r
fully prepaid, as aforesaid. j:`; ,.
29. Representations of Licensee. Licensee represents and warrants -:p��<;��'
to County as follows: , !-
,.:::::,
.�_.
29.1 Licensee, and those individuals executing this License �
on behalf of Licensee, re resent and warrant that the are familiar �k���^
P Y ,�.:"".. -
with Section 18-8-301, et seg. of the Colorado Revised Statutes
(Bribery and Corrupt Influences) and Section 18-8-401, et sea. o£ ,� �
the Colorado Revised Statutes (Abuse of Public Office) and that no
violations of. the provisions thereof are present. ��'.
r . � .
. i . . �,.�:,
� � 29.2 Licensee, and those individuals executing this License �
on behalf of Licensee, represent and warrant that to the best of
their knowledge no employee 'of Pitkin County has personal or �'.�r
beneficial interest whatsoever in the License or in the business to �y'r
i be conducted upon the Location by the Licensee. ,�.��
Ai
_ 30. General Provisions :f
j 31.1 This License contains the entire agreement of the '�
iparties and there have been no promises, representations or �
� agreements, either express or implied, except as expressly set
• � forth herein. Any and all prior agreements or understanding
� between the parties are expressly agreed to have merged herein.
i 31.2 The provisions of this License shall be severable and Y
i tkie invalidity of any provision hereof shall not affect the
; validity of any other provision hereof.
, 31.3 This License may be modified or amended or supplemented
only by an instrument in writing signed by the parties hereto. The
County's representative for the administration of this Agreement
shall be the Director of Aviation or his/her designee in writing;
provided, however, that all matters affecting material terms of f;
• this Agreement, including term, fees and charges and use of '�
Location by Licensee, shall only be modified or amended by a
writing approved by a Resolution of the Board of County
Commi.ssioners at a duly-noticed public meeting. � .
31.4 The failure of either party hereto to exercise any right
or remedy hereunder shall not be deemed a waiver thereof or a ! �
waiver of the right of exercise the same at any future time, or the
waiver of any other right or remedy hereunder. No waiver by either
���
17 �'
� '-
I
i
�. - ._ ___ _-- _._.._
.
_.- ,. .. _.. , _ _ ��. :
__.__ .__... _.__..__ .,:. .
_... � _ . F
/, '.r. .
r
-. , a �
,I
� ,
• . ,
.
� . �
•�. •
�••------- - _ _. _ ._ ... _ _ _ ___ --...—._-..
'a.J
___ __ ,�._,_._ _
�, .
1� �
1V✓v:�" ..:�Jik. ' . . . - . .. L � i�'-�..i..i..i 1�'.:�. .:
��+����,.i
i��
�.��;.
_ ���
party of any right or remedy hereunder shall be effective unless in �
writing signed by the party. ; `�
.•�
-. 31.5 The parties agree that this Agreement was negotiated and �'.�:;.
drafted by the mutual efforts of Che parties hereto and agree that � -
no legal presumption shall arise as a result of the identity of tne � �
drafter of this A reement or an '' '� '
9 y presumed unequal status arising � :� ,�
therefrom. �;;.,.;�.;
: �;.,-:?.,. ;
31.6 If either party hereto shall institute legal proceedings ���:=�
: to protect or enforce any of its rights or remedies hereunder, then ��^
� the art revailin in such le al �' `
� p y p g g proceedings shall be entitled to
recover all of its costs in connection therewith, including a t:' '
reasonable attorney�s fee.
I . a,
. 'i 31.7 This License shall be governed by and construed in '
accordance with the laws of the State of Colorado and venue is �
' .' 'F� agreed to be exclusively in the courts of Pitkin County, Colorado. �
'I 31.B Tliis License shall be binding upon and shall inure to �
the benefit of the parties hereto and their respective heirs,
successors and assigns. .
. 31.9 This License shall be executed in duplicate originals, �
• ! with one original to be held by each party. G
� 32. Authoritv of Licensee's Re�resentative. As an inducement Co f
the County to execute this agreement, the undersigned
f� representative of Licensee represents that he/she is expressly
- authorized to execute this Agreement and to bind Licensee to the
' terms and conditions hereof and acknowledge that the County is �
. 3 relying on this representation, authorization and execution. �
i� �.
� �
v ,
yl
_ . j_I
a
�
6 I
F i
1 j
t
L
r
. i
1
C ''-�
�.
18
..---.: ...._._-.__.. __ _:.:,.__>_i., -.,__ ___ �.__.,_ _.___. _ .,._._.,,_
_. _ _ �
_.__ .._... . _.
/ .:_ _..,_ . � ?
, . �..
_ v
^ , , ,; : �
�
� �: . -. .�..'. _.' .
..
,
�.. _ ._.— .. ___ _ __------
,..--------•— --, —__
a,,,�
���. . � _ ____ . �
GE�: 3U '� U3.i�iFl�l YI7F..I11 e=�lT'i HIFF•��F7 . ' P.:=u � �
-:,3�+�.
, „ ��.
��`•' #,,
' �CGNTY: ��,:;:� '"
LI�EN58E: �4.<:;a;i4r`>
,,,,
:I:� ?i.AF.D 'J� C^vLnrm �r�w �3g:�NE??S AL&=:1� :� : VIDE^ } "-
� Y it�• �i c d�2NG & �
_NC. j, .�,
�:, �
OF 3tT�CI'rI CQU!VT`l, CO Fcr1D0 ��"�
. i'`r.'".;'
�'%
ey: gy; (�. �`� ...�•.
• Biil Tui e Dar_iel F. Sunday � j.-
Chairman
� �-�-�y� 0���3/�� ���
� Date Date �'<?:_.
I E. .,
..`
� ':'' � �A7 EST: ATTEST: �"
:`
� : •
}: -_,,._...—.�`,.-.- l �:
'; �l
:� ;c=n ��urt'r le.k Ccrpe_a e Secretars
• �` 3ea1
�
. . �OUPt.y� .�CS�..TP.9P_: . ?,7.�=*9@e�S Ad[I2"295: t .
� c/o Ccurty ��ar.ager For receipt of maileu
� !� `�6 Easc r!a-r. 3tree= r.ot�ces hereuader:
Rspen, Colosado 6:�6I1 �^.
. i -a_ �a S/6o �
: y{ cc: D.irector of Aviation d•I, /G� , ='
�� 02?3 E. Airpor= Road, Suite A t
� Aspen, �ol�rado 81611 4F
F � !
7 �
y -
___ �_�
�� � � �
i, �
k . .
' , �
• i
t
, . �
::r`,.
19 �~�-
; �
�� ".
_i ,
._.__�.__ ..._:::..,. ,__�--------__ f _...__.__— -
_. ...... .. ...... ..:::... ...:.�:.,, .,. �
�- ,... �
� Y .
� � . . . . , ��/f� ..:..
�
� 7 'w.
� 1
. _ . _ . . . �' _ `
. . � i. . -. _ ''� .. . .
. �� � . ' . `��i:� � .
' . • .:���; . . . �
'�� ... ._ . ..:� .�� � ' .� _ ' ! .
.x . . `
� �.ti--�— . __. ._._.�_" . _ ___._ "._ _.....—...=�.._ . ,
+y�
. ' ��� t�.��' �
�c, �r
,.;��''
�:�.
'ir..� «�'' ,.
.�,� �;�`.:
RECOMMENDED FOR APPROVAL: ��";:��'k;'
ti' .
'�i� ,
�� {1 �0 �)� •,,'•, :��
- Suz e Kon han Da e � • �'.+-
Cou Mana er �,�� �
/ / (
.'�c r�E,L./�...�-r..1 ��-�E°l�
;.:�.:;,r,;
Scott Smith Date
Director of Aviation k ��
'��..
»,�:.
APPROVED AS TO FORM: � 'f�:' .
, < ,�.:; :
- ��.
, � \�
, .,1 ?a,�02— /.���9 J . :�;�fi
�,- ;.
-i � John Ely Date
' County Attorney
�:y�
APPROVED AS TO BUDGET: i. �:'��
,�;
4 .f
/����� �//�9� 2 5.
Thomas Oken Date ,,
Administrative Services Director
. i �7'l/�'��-i` _ " //'i�<'.4���— /�•(/�`%t. s
� Hilary �mith Date , ,.
County,�Risk Manager
i. �
Attachments• ?
x
Exhibit A - Workpaper example ;'
� Exhibit B - Vending machine area diagram �
I
c;\w?51'�.•+orY.\aeie?on\payo4one.agr . �
;
1 •
.'
i ��, a
,
� � _
21 �
S.
':5�.:� ,
;`�s.t ,'
._.___ ._.._ _.�.,_..:. _
___�,. . „. _ .,.,
, :�._ ._, �
_._....,.�__:�.�.G...,__--- ....�,::,>. � ::.... _
. . .
� 4
F
/. . . . ' . . . . , , �:• , .�
�
. � ,
. � . � .. Y"' . .t
� ..- . ."' � . �� � _. '�• � ..
. � � � .�' . - �
Y
\ ' �
_ � ' i
•�,. ` .���— . '_._.._._—_ —.___ ._ ___ '' —_'__' . .
;�;
.?.
.,.. _ _ - ��_ _ -
- �...�.,�
��:= , �- �_--- " �' �: ;,��,,.
. �''.,::it;°.k,,�.
p 3 n��
. r
<Fe� °.'
t< �
WORKPAPER �' ���;,
A 1' " .
ALPINE VENDING AND VIDEO,INC. ''"
�,,� .�;
��.
MONTHLY REVENUE REPORT E.��,,�•�.��
,,,
FOR , 19_ �>�,' ."
(Month) �;j;:'
!� ';; ,;
� ;_z�;.�-
� _
� COMMISSIONABLE SALES �
�:�:. ��� .
k ..
�i ...- ... S�ES% .2�% ' � . . �::.
�.,..._..�.�...._-.�—_....__..._ , �� .
� BALANCE DUE � �.
I �;�
3
t
; � . ,
_---.�� �
�I
-� .
. ., .
, .
;
; . �
.�:�
�,
. �;�-
�
;,:
; i � '
I ___ �._J______,. ;,
-- - � .k
__,,.�.,_,. _..�..-___.�.�:...,_�..�_-- ��
� .�_..��:. �...,: .. ,, ��
.._.._..___...,�.4:_:...:.F.-W- } , :
,
i ' ' .�
' 9 ,' n:
. ra . . .� ' 1: . ..... t� `
. . _ . .. t,:� '.
�'
. . . ; . . � , . ' ..'::� . � . �
� ` , . .
� . . . • . , . . . �
- . 1 ' .
,��• . �� � . —'.._—'__� .—._._.._. �. ._..—'_._.—_ . .
:�t
- •--_— — — � .. ^
- :� .. ,, . ,,;��� �. � �' �.
. � �� �,
��;
?�. � �
� t .
w. , ++,� :
# `
..— _ �__; , -? ��,. �.�(: w�':
1� . y.
� �.. ,� ���-'-_ ', . ��� .. . . .�i� ',.
- ,� N�i �� � �r. -�� `K,
N I , �' c , f . � R � . ., � �
.i��� .� �; 1 � ; . �O � , � , �.. ,�` :�.
, c7� (-r�, . � • �Lo _ .,.
� ,��� 4 �;• Q . �. �. ;='`
� (]�� 1 -- :; . : �, . ,
1: ,�a� `-"� :i � Q j .�✓ - J� .
' � J� 4 . � � �t - ' :
� �E7I E- � � � ' a� r � e ,�'.
� z �
'��i --•--•-•� I i � \ �' �t... •
� i . ° . . . �.
. + �� .� �. ! . `�./ f�. ' .
��1 ` . . .I1 � - � �4 .
�:� r--� : • • • �'�..� _ . .. ,.�:
, �M ,� L ���i� _:� `�:
. . �M� . � .. � ��'� -� � z
i -� �c: �
i :_ >� . '�. ��1'\� - i �.�`
� °'�� Y.3 l . • t. � 1.-If ':'t'
:i f Y � - � �� � . • y'
, .. ,�- L"�c ^ S . J ' . �'.. - , `'� .
h^.'�.,�. S '�� il j ' . . : •
z'���4 � t:� • �� �';,�.,T �i _ �' ' :-}' �' , e •�j:
;F>� .._...._ ..
. ;,�, x , �•, • - .o. -
°�.��� >. � .... _ .{ . . . .._ �_ �, • F ��� - ��I
�����`,��, �i �' _ i ' I :�_t� . ' \ � _ . .- , ;�
��.,"'�` ' ; _ Q'� �. '� �'�
! r` ��z � ..'�i x :I ��°w� ...._..__...._ _ _ ; •, a� _ .j ,, :3
.. � a..:a: .v rx-� !G . � 8 •-�
��$t'y���.?'�i, � J�+N �74 ':`t� � j�^ �� ' �\ --' ��
�
' . ���.-c�.�rY�:�., � a�H n ��.�.x�s;� ,•^1. i --" '
s���.� m ba * .d'� �i � � � -'--- �1L _� -' - - �
,d�2t�, a.f��_a F' 3�' ,.,�,�� �`� �� _ . �. � . -- ,_.
�{ : •
ti�i�' r Xt�.,i,t = .7' � j�. �"�/�.s�j�.$..,��`��". �... � . . . I ..._ ; '
���`3 ��^" � n.a �z _� `� �
t.L���i 'Y��"�' i7e a� x�MQ;F�` � g��' ��'�.� i _' '-�
�` b'2�.'s �;X.��.Y-�n'L1�;N .'�� ,� I�3 �• ' _' _ �
�
a� ; x„-:sfr a 'd z ,� �' �"`� i`X • • ' I
=k s�a-,:. m�ao ar�.a ° �>��� X av� .. • p %
< � � a m r� � a�r ; . . _
. ' ~ F+ 3 P..."� 'Sx ��" t ' 'z >a- �/'
"`e �"�a s rs:� r flo � � �', � '"�'�✓, . . • _. :._i �:
�'�'��3 �'� � c� a� c 9 ����ar? $£ f 3�h; ' ' ' ��L -
�' � f n:a � r�i � �: �'�"�� K< t rxn�� � Q�'�-I / ' '�
-�,� �� p°" = :µ ����'�,,.'�"���C � r�r -:-�J , -• �'
I ��:e• �M1� :..O M A -jN z�£'Y� .r F✓'4^ ..x � £�`o?; .S 1 h � •
f � �x � �� f � . .._ i
I �j �:�a m "� �3 ,�' 1s �Z�i . � r
? rr
� ` `!�� :.u�i a �,�`t§�.� �-z.?M�' F : i ,;�. 'I v' J,�
\ � �r° t` - - G d . t ��\ 1 ..
r�w rr:� }
:<,jG� \' ° w `',� m�S7 —�i � ' ' ' '"� '�� ._��_ �� .
v � �: ��-", :� o� - .�1
:•L�, . r 4 ,��� ,. i: '�' _
( I� ' :
�- � �� .,� - . _
,
� ��n I 4 �' ;;• . I
� .. '•�� ��) ��'[
_ . . . _ fD , (, t c. . .- I.��-;1........ t i��'� �. . . .
. , . . ._ .. . . .. ... . . M1� ' . �
' / . . . . . . . I . '.�' .'`
4
h r
� . �I ..
' _
• _
� . . ."_ -__....._"_"__'_."_
'q. .._—•---. .. -- ... .._ — . .
�-..'
a.y
.a;.
'`�. ., --
��
�� ��:
� 't
�. , ,,,�,t�':,
��:�'"��-��:�
•,:.
ASP$N/PITKIN COUNTY AIRPORT
ADDENDUM/AMENDMRNT TO A FT-' :, .
LICENSE & IISE AGREEMENT FOR ;.11
AN AIRPORT PREPAID TELEPHONE CALLING CARD CONCESSION ;r�`,".�•
THIS ADDENDUM/AMENDMENT is.by and between Pitkin County, Colorado, '"�� "
a home rule count ("Count "), and A1 r"� '�
y y pine Vending & Video, Znc.
("Alpine") , a Colorado corporation. �.,;;_.;:'�,;
9:.•.;�.��,.
Both the County and Alpine recognize the importance of having `..�,;.::`:.
� "souvenir" or "collectible cards" in this concession, and that the �
success of this concession for both parties is dependent in some �!:�^::�:
part on having such a souvenir/collectible card available for N;-`'�� '
purchase by the customer. .
` The County's goal for this concession is to offer a "set of four", '
- � different souvenir/collectible type cards to its customers. ��;
+ .,- � �
( ' AGREEMENT: �:
j � (;
� In recognition of the County's goal, the following is agreed upon �a�
by both parties: � r
���
1. Alpine shall provide one (1) souvenir/collectible type card to
- be introduced into both prepaid telephone calling machines at the
airport at no expense to the County;
i A. Alpine and the County shall work together to find
� copy, i.e. a picture, etc, that the County, in it sole
� � discretion, decides that it wants issued as a souvenir/
' collectible card;
� B. Once copy is selected and provided to AZpine, Alpine
� shall have the copy produced into a souvenir/collectible card ;
j in a reasonable amount of time, i.e. approximately 60 calendar -
! days with saxd card being introduced into the machines
� immediately thereafter..
2. Alpine acknowledges that the overall term length of the ��
Agreement is agreed upon so that Alpine has a reasonable ��
opportunity to recover its costs for producing the souvenir/ ��
� collectible cards, recover other administrative and capital costs, '
'; make a reasonable profit, etc, as would be expected in normal and
i
reasonable business practice. �
3. One souvenir/collectible card shall be adequate for one �
"season" at the airport, those seasons being described as: �
. A. Spring-from the time the four lift mountains owned and �
operated by the Aspen Ski Company close for the season until � '
approximately June 5 or that time when United Express begins its �, -
increased "summer flight schedule" of that year; ���-
1
` . ,
{':;
::c: .
._ __. ._ • �
__- -.._ . �� . . _ _ _ _ , _ � ��
>` ,
i
ti
-. �;�'-_ :
, � 'j'
� . .
'
. .
. •
k.
w�'-�---. -_^_. _._.. _ _. - — - ..._ ---- -------- '
�n�)
w..__�.
� �
� _�
� .
_ - --- ;'
. "��,
'��5;..�r�.
ji��Y,�
,y�:t,'���
',�
. B Summ�r-from about June 5 or tHaC time when vnited Express '
begins its`"summer flight schedule" until that same flight schedule ' �`•
is reduced;
�'d
',.'':��.
C Fa11'-from that time service by United F.�cpress is reduced ` �
after the summer season until the time the four lift mountains ` "
owned and operated by the Aspen Ski Company open for the season; i :'.�.. `.
,_
D. Winte�-from that time the four lift mountains owned and Z
operated by fhe`Aspen Ski Company open far the season until those �;.�'::.
same four lift mountains close for the season.
4. At the completion of the 1996/97 winter sea5on, or before if
possible, Alpine will provide one souvenir/collectible card for •
sale in its machines at no cost to the County.
5. At the completion of the 1997 "spring season° as described 1`
: ; above, the County and Alpine agree to enter into discussion as to ,.
� - the overall performance of the concession for. Che preceding winter =
,� and spring seasons, with the goal of selecting and producing a �
i second, different souvenir/collectible card at no cost to the
� County for introduction and sale in the machines as quickly as ��
�
possible thereafter. �'
6. At the completion of the 1997 "summer season" as described
. ! above, the County and Alpine agree to enter into discussion as to
the overall performance of the concession for the preceding winter,
' spring, and summer seasons, with the goal of selecting and
producing a third, different souvenir/collectible card at not cost _
to the County for� inCroduction and sale in the machines as.quickly
• as possible thereafter.
_ ti 7. This above procedure will continue at the end of each
described season until four (4) different souvenir/collectible
�, cards are in the machines or until that time when the Agreement is -
� set to expire and it would not be practicable to attempt to.produce
, another souvenir/collectible card before the term of the concession
� expires. . .
8. I3one of the above in any way attempts to limit discussion or t
+ limit iniCiative between the County and Alpine for more or �
� different souvenir/collectible cards and/or updated card technology
• i and/or updated and more comprehensive machines with additional
� services, i.e. ATM, etc, as may become available during the period
� of this Agreement that would provide better customer service while '
. enhancing revenues for both the County and Alpine:
1. .
�,
1 -
1
` :
-- _:.. _ ,._ ._ __ _ :. . . .... . _ __ _. .. _
_ . ��sY .,
,. ,. _ .. _:._. /
--... _ ___. . � �
1 �'
, 'i.
i y
�: f
�a � '• .. .
1.
♦
I
,x ��` ...... .._..�— -_ — ,
d'l�
;_ � . �
�: :,. �_. . . . , - . _. .e.i> _. �as�,tlm.t•;atir.r4+`1.r�t:2=�,��'�i�;�l�'�wt���� � �::�
� yx,
�'
�ti��;
MANAGER APPROVAL• ;.
�,, :
��'�
'�,�
��' Suz e Konchan, C unty Manager .
`; APP OVED AS TO FORM: ;,,i ;:
��i . '� �.���.': .
; Debbie Quinn, Assistant County Attorney >}:: >:
t APPROVED AS TO BUDGET: i:�'� .
1 �_ i,
_ . /�G `�%�� L . � :
, ; Tom Oken, Administrative Services Director
• .:. , -
� 1 RECOMMENDED FOR APPROVAL: '
� . . _ , .
! _ .__ . .,::.�_ ��L , , 'Y
Hilary Sin' h, Risk �Ianager •.
i.
i '' �
- �L� e. ,�,.�:. �,
� ! Scott E. Smith, Director� of Aviation ��
I worNltelelonlphoeard.�md �`
• E i : �
� ,
" i . C.
j .' 4
. �
i
�
F
R
. t _
'l . .
S •
�
. .._.._'_:i .� . I.
6 4
V
i � .
. 'I �
' � .
{�;
f' ,� '
' �:. i�;1''. .
:�}i ..
..�_,...._ - ,.�:.:... ... -...::.: .
� ----� ��._.�- ._..:__�: �. .....
_ ..'-.._._-"-..�.�_. :_:,:, ....�__. ' .
�.__.__.>,...._._.�_�_�...._�-- . . . .. ..� , � � r��.
� - � .. . � 1 - �i
� � . . � . �� _.. �. . .
, ♦
- '. .
- �
. . . ' . . ' / . '
. . .. ."—"___ -.
. . . _ ..._.._ .._.. -
' _'___'
'�,. ` .�,— . —._..._"_ � .
:�
_. ___....�
��
..: �►-�--
1r1P1 �]� 'y7 ��:Oi;Fl9 FITY III CHT'r' HIFPuRT p.� �:. , ._,
-;%�r
IN W?TNE33 WHEREO�', ���:s parties have exec�C?d tris Agzeemenr �
��..';WI x
� "e=�ec:._ve as oi tr= date las� below signed, as °c2lc;us: • � i �.
, *F;;';'7Y{;,:':
T:iE 3G"+.cZu OF COL1iTY CQ�4}_BSIDI�°P.5 P.;._•�:iE V8?�DING & VIA£A� I?QC. �,*- :�'`�.�`
OF FI�i:_?i COUN':1, CU:.�RHD� a �o�orado cor;�orac:on `- .
iT� t•
av� n o2-7�� sy: ,tz� �� � 6 7 �'I�r ;��?
��h�i.. Dare President a e -: .
t;•t.�"•
ATTEST: ATTEST: '
-- `'iJ U � � )� ir���
1 �
r:���C'_r' ^.ouncy C'_er (SEAL) Cerpor te 9ecretary (SEAL! *°r '.
J �:. .
^�u:._ti•�s �a3r�ss, £or YECe�pC of ;nailed :,etic=s hereunder: ,_
c/o County Manages
;r 506 East Main Scrzet ':
� -: Aspen, Colerado 8161' r�„
t �;� .
; cc: Dfrectcr of Aviation ` -
l�
! AsFenJP±tki^ County Airport �:.;
I 233 East Airport Road . y�::
+ Aspen, Calorado 81611
. . __C8i't53?'4 Af2�Y�59� �pT' Y0CQ1�C 6i maile3 nctices ��reur_der: ��
o�- ��
•�. �__
f.�:LE g
� I Y:
� -.
�
1
a
�6x -
{
� � .
t;
._.._.. i. .
. �
• E
w
��
��
.i
, i
'i �
. j�; ��-
1 �
�� '
t :
s
i .
.. .:_..,.. .. ..:........�.�___'__ . ..._•:_-_.._ ..: . . _...... _
. ._ ....�__ �..:.....,.._ ... . ,,......�..__�--- .. .�,.�..,._
J . .,,.:.- .,._...�.�._ ..:.!: _,.,. : . �n�� :. '
1 y;
. � ' ' � `
, ,
x
� � �.
,_,:
- - - , _ y
.` � . :
� ':
. . . - • , � ,'.r� . . �.
, ' . .
� - �— ., . ` . . . _. • r ' .
,�` � .
:1°¢