HomeMy WebLinkAboutbocc.res.014.1990r _
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
TO APPROVE
THE USE AND LICENSE AGREEMENT BETWEEN
COLORADO TRANSPORTATION SPECIALTIES, INC. D/B/A THE SKIERS CONNECTION
AND
PITKIN COUNTY, COLORADO TO PROVIDE
COMMERCIAL GROUND TRANSPORTATION SERVICES
Resolution No. 90 -_
WHEREAS, Pitkin County, a Colorado Home -Rule County, is the owner,
sponsor and operator of the Aspen -Pitkin County (Sardy Field)
Airport, located in the vicinity of Aspen, Colorado, and has the
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authority to regulate commercial activities and to license space,
and commercial operations at the Airport, pursuant to, inter alia
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1973 C.R.S. 30-35-202, 41-4-101 et sea. Title IV of the Pitkin
County Code, Section 8.7 of the Pitkin County Home Rule Charter;
and
WHEREAS, Pitkin County desires to enter into a Contract Agreement
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with Colorado Transportation Specialties, Inc. d/b/a The Skiers'
Connection for the purpose of providing commercial ground
transportation to and from the Aspen -Pitkin County Airport, under
the terms and conditions of the Contract Agreement attached hereto
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as Exhibit "A"; and
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WHEREAS, on the recommendation of Staff, the BOCC finds that the
Contract Agreement is in the best interest of the County, and its
guests.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO,
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Section 1. The Chairman, or Vice -Chair of the Board of County
Commissioners is hereby authorized and directed by the Board of
County Commissioners to sign this Resolution, and the Contract
Agreement which are necessary to execute the Agreement on behalf
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of Pitkin County.
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Section 2. This Resolution, and Contract Agreement shall be
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available for public inspection during normal business hours in the
office of the Pitkin County Clerk and Recorder, Pitkin County
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Courthouse, 530 E. Main, Aspen, Colorado.
INTRODUCED, APPROVED AND ADOPTED AT ITS REGULAR MEETING ON THE 13TH
DAY OF FEBRUARY, 1990.
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AT E BOARD OF COUNTY COMMISSIONERS OF?°
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P TKIN COUNTY, COLORADO
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A CJA�LC 71n- •1: L
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puty Cstirt rk Chairman
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RECOMMENDED FOR APPROVAL:
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Reid Haughey, County Manager �?
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Brad Christopher, Ai ort Manager
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APPROVED AS TO FORM: }
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Timo h E. WhitsAA,sistant County Attorneys
r APPROVED AS TO BUDGET: f
�O`k n Director of Administrative Services
Tom
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APPRO
USE AND LICENSE AGREEMENT #+—
COMMERCIAL GROUND TRANSPORTATION
THIS AGREEMENT, made and entered into as of the date last
below signed by and between THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, a Colorado home rule county (hereinafter
the "County"), and Colorado Transportation Specialties Inc.
(hereinafter "the Company"),d/b/a/
The Skier's Connection
W I T N E S S E T H:
WHEREAS, the County owns and operates the Aspen/Pitkin
County Airport, also known as Sardy Field (hereinafter the
"Airport") and the Commercial Air Carrier terminal building complex
(hereinafter the "Terminal" or the "Air -Carrier Terminal") and does
maintain various spaces for the use of the public and from time to
time does and shall license or permit the use of parts of these
areas to various individuals, firms or corporations to serve the
users of the Airport; and
WHEREAS, the County has authority to regulate commercial
activities on Airport property and to enforce these regulations,
pursuant to, inter alia, C.R.S. 1973 41-4-101, et sea., the Pitkin
County Airport Regulations (Title IV, Pitkin County Code) and the
Airport's Ground Transportation Rules and Regulations, promulgated
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thereunder from time to time; and
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WHEREAS, the Company is regularly in the business of
providing ground transportation services by taxi, limousine and/or
bus to and from the Aspen/Pitkin County Airport under authority
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granted to it by license(s) from the Interstate Commerce Commission
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(ICC), and Colorado Public Utility commission (P.U.C.); and
WHEREAS, the company has represented to the County that
it currently holds all appropriate operating authority licenses and
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permits under the Public Utilities Commission (PUC) of the State
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of Colorado, and the Interstate Commerce Commission (ICC)to offer
transportation services to the general public to/from the Aspen
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Airport as a common carrier; and
WHEREAS, the County is willing to permit the Company to
occupy and maintain terminal counter space for the operation, and
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coordination of its transportation business to and from the Airport
for its taxi, limousine, or bus service in the arrivals/baggage
claim area only at the Aspen/Pitkin County Airport, all as more
specifically hereinafter provided, as well as allow the Company
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access to certain portions of the Aspen/Pitkin County Airport in
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furtherance of its business activities there; and
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WHEREAS, the Company is ready, willing and able to occupy
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and maintain such counter space and perform its business functions
thereat in accordance with the terms, standards and conditions
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hereinafter set out:
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NOW, THEREFORE, for and in consideration of the terms,
conditions and mutual covenants hereinafter contained including
Pitkin County (Required Clauses) attached hereto, and other valuable
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consideration, the parties hereto agree as follows:
1. License and Use Permitted.
A. The County grants and permits unto the Company for
the term hereof the right to occupy and use exclusively a portion
of the arrivals/baggage claim area at the Terminal at the
Aspen/Pitkin County Airport, 0233 E. Airport Road, Suite L, Aspen,
Colorado 81611, consisting of an area containing a total of one
hundred (100)square feet, depicted on the attached Exhibit "All
which is marked with the Company's name thereon. (The "Booth"
area) .
B. The County also grants the right to use the public -
access roads, driveways, loading and unloading areas, and parking
lots on the airport for commercial purposes, subject to rules and
regulations, as depictedon the attached Exhibit "B" for such use
in common with other users of a similar class.
C. The County expressly does not grant Commercial
operating privileges for passenger loading on the Airport through
this Agreement. The company and individual owner/operators
operating under the Company's ICC and PUC licenses must have in its
possession a current, fully executed operating permit for ground
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transportation activities authorizing such activities.
D. The County grants and permits unto the Company for
the term hereof the right to occupy and use the airport facilities
as identified in Section 1.A above, only for purposes related
directly to its ground transportation operations for which the
company holds a valid and current P.U.C. or I.C.C. permits with
appropriate operating authority. In addition Company may engage
in other ground transportation activities which are not subject to
PUC or ICC regulation upon prior written approval by the Airport
Manager.
E. For purposes of this Agreement, a "taxicab" shall
be defined as a vehicle with a meter, operating and charging on a
per -trip basis, with up to seven (7) passenger seats; a "limousine"
shall be defined as a vehicle without a meter, operating and
charging on a per -seat basis, with up to fourteen (14) passenger
seats; a "bus" shall be defined as a vehicle with fifteen (15) or
more passenger seats.
2. Term of Agreement. The term of this Agreement shall
commence as of 12:01 p.m. MST, on the 15th day of November
19 89 , and shall expire at noon on the 30th day of _
April , 19 90 .
3. Fees. The Company agrees to pay to the County for the
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right to occupy the described Terminal areas and facilities for the
term of this Agreement, the following amounts:
(A.) $1.500.00 payable in 6 equal installments of
$250.00 in advance. The first monthly installment
shall be made upon the commencement of the term
hereof and thereafter payments shall be made'on the
1st day of each calendar month of this license term.
(B.) Company shall, upon the commencement of the term of
this Agreement make a deposit to secure company's
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obligations under this agreement in the amount of
$250.00 Such deposit shall be kept by the
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County and applied to any unfulfilled obligations
of the company during the term of this Agreement.
At the termination of this Agreement, such deposit,
without accrued interest, shall be returned or
credited to the company minus the amount of any such
unfulfilled obligation. This deposit may also be
applied to the final month's rent at the Company's
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option. This deposit is expressly agreed not to be
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a deposit subject to C.R.S. 38-12-103.
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4. Use of Premises.
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A. The County hereby grants to the Company the right
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and privilege to occupy the Terminal area described above at all
times when the Air -Carrier Terminal shall be regularly open for
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business, together with the necessary right of public -access
ingress thereto and egress therefrom, for the sole purpose of
operating a non-exclusive concession for the providing of taxi,
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limousine, or bus service to and from the Aspen/Pitkin County
Airport for the benefit of the public. The Company shall provide
all personnel, supervision, equipment and supplies necessary to
operate its business. The booth shall be open for business,
staffed and supervised, at a minimum of 8 hours per day, seven days
per week throughout the term of this agreement (November
April),and shall be kept and maintained, whether manned or
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unmanned, in a clean, orderly and business -like condition. The
Company further agrees to use the area hereinabove described for
the said purposes stated only, unless otherwise specifically
authorized in advance in writing by the Airport Manager. No
display or device shall be installed upon the Terminal space which
in any way obstructs the public view of or access to another
license space, and all displays shall be in compliance with the
further provisions of this Agreement. Further, the Company shall
not commit or permit any nuisance to arise from or related to its
rights granted herein, or its occupancy of the Air -Carrier Terminal
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or the Airport. The Company may, in the discretion of the Airport
Manager, be permitted to utilize the premises before and after the
hours which it normally operates; PROVIDED, that any expense to the
County arising from said use, including supervision of the security
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premises, shall be paid by the Company (or prorated equitably among
all users if more licensees than the Company shall use the terminal i
during hours when it is normally closed). The County shall not be
responsible for the security of the leased premises.
B. There is further granted to the Company the non-
exclusive right for itself, its employees, agents and invitees, to
utilize the public facilities within the.non-exclusive waiting and g
concession areas of the Air -Carrier Terminal such as rest rooms,
restaurant, vending, drinking fountains and the like for the public
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purposes intended, PROVIDED, however, there shall be no waiting,
lounging, loitering, gathering in groups, or solicitation, ;
advertisement or conduct of business by the Company's employees in ;
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such areas.
C. Said area provided for in paragraph 1.A., above,
shall be subject to the following:
The County shall provide, at no cost to the Company, the
unfinished shell within the Booth area. The County may, at the
request of the Company, design and construct reasonable additions
to the Booth, finish the exterior of the same and provide utility V
connections, telephones, and radio equipment, special electrical
work ordered at the special instance and request of the Company.
If the County undertakes the work, the total expense for
construction of such shell booth additions, utility connections and
special work, if any, shall be reimbursed to the County by the s�s
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Company prior to occupancy hereunder. Finishing of the interior
of the shell booth and appropriate signage shall be performed by
the Company also at its expense, and the design thereof and
graphics placed thereon shall conform to the Airport Graphic
Standards, and receive the prior written approval of the Airport
Manager. All work done by the Company shall be completed promptly,
in a workmanlike manner, and in compliance with the first-class
design and finish standards of the Airport. The Company, subject
to the further provisions herein, shall be entitled to remove all
items incorporated in the interior finishing and signage of the
shell booth so long as the removal is completed without damage to
the booth structure or any such damage is properly and promptly
repaired.
D. The licensed space may be used by the Company for
purposes of disseminating information to the public and the
operation and coordination of business, all in a first-class
businesslike manner, and for use as office space, limited to the
conduct of its -business to and from the Airport.
E. The Company shall not interfere with (or permit
interference by its agents) the business or operations of any other
lessee, licensee, or permittee in ,the Terminal or on the Airport.
Further, the Company shall not interfere with the County's
contractual or operational relationship to other lessees, licensees
or permittees in the Terminal or on the Airport.
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5. Operation of the Company.
A. In addition to the right to use and occupy space as
provided herein, the Company hereby agrees to abide by such Rules
and Regulations as shall be promulgated from time to time by the
County for the use of the Airport, relating to pickup and delivery
of passengers, loading and unloading of baggage, etc. A copy of
the current Rules and Regulations is attached hereto as Exhibit
" S " The parties agree that the Company shall be responsible for
immediately distributing a copy of these Rules and Regulations (or
any future amendments thereto) to all persons operating under its
ICC or PUC certificate(s). Any new or amended Rules and Regula-
tions shall be deemed effective five (5) business days after notice
thereof is posted, pursuant to Section 8-8, Airport Regulations,
and/or delivered to the Company pursuant to the notice provisions
below. For purposes of enforcement under this Agreement, delivery
of Rules and Regulations to the Company shall be deemed delivery
to all persons operating under its ICC or PUC Certificate(s). For
purposes of this Agreement, the "Company" shall include all
employees, owner/operators, subcontractors, agents and repre-
sentatives, including all persons operating under the Company's ICC
or PUC permit(s) and all persons driving vehicles marked with the
Company's name and/or graphics. The Company agrees that all
vehicles used in its operations to and from the Airport shall be
clearly marked and identifiable as Company vehicles, including all
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such markings and notices as the ICC or PUC shall require.
Neither drivers of the Company's vehicles nor any other
employees, owner/operators or agents of the Company shall solicit
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or conduct business in any portion of the Air -Carrier Terminal or
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anywhere on the Airport property by "hawking" or other
unbusinesslike, noisy or disruptive conduct. All vehicle drivers='
shall stay in their vehicles except to load baggage after being
hired, to unload baggage after unloading passengers at the Airport
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or to reasonably use the public facilities at the Airports defined
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herein.
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Taxi or limousine drivers may only porter passenger's baggage:
(1) If curbside porter service is not reasonably
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available, the passenger(s) has, without solicitation by the
driver, so requested such assistance and leaving an unattended
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vehicle would not cause or aggravate traffic congestion (while this
section may not be used as a defense against a traffic charge of
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leaving an unattended vehicle, any driver who believes these
circumstances are available may ask for situational
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confirmation/permission to operate under this section ,from a
Regulation Enforcement Officer); or
(2) The driver is claiming and delivering delayed
xbaggage
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under contract.
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B. No taxicabs, limousines, or buses except those
acting under an Airport Commercial Operating Permit shall pick up
passengers for hire at the Pitkin County Airport.
C. The Company shall provide at the start of this term,
maintain and promptly update as necessary through out the term a
complete list of all Company drivers, including employees, agents,
owner/operators and subcontractors, and their dates of birth and
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current, valid Colorado drivers' license numbers. All Company
drivers shall possess valid Colorado drivers' licenses of a class
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appropriate to their occupation.1'
D. The Company shall provide at the start of this term,
maintain and promptly and update as necessary, throughout the term,
a list of the Company vehicles operating at the Airport, including
Company identification number, Colorado registration number,
vehicle identification number (VIN), make, model, year, color and
all records of safety inspections and compliance certificates.
All vehicles shall have current valid inspections and the company
shall be responsible for documenting said compliance. No vehicle
shall operate on the Airport that is not included on such list and
otherwise in compliance with this Agreement, the ICC or PUC
authority and/or the Commercial Operating Permit. The County
reserves the right to conduct its own safety and license compliance
inspections of Company vehicles and drivers operating at the
Airport, without notice and at such times and in such manner as the
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County, in its reasonable discretion, believes to be necessary for
the safety of Airport passengers. If a safety defect in any
vehicle is discovered during such inspection, the vehicle shall not
be permitted to operate at the Airport thereafter until the defect
has been repaired. The specific vehicle ICC or PUC Certificate
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number must be displayed on the vehicle. The specific vehicle must
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display a company identification number displayed in a conspicuous
location in contrasting letters.
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E. If a surcharge is added to a fare to cover the costs
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of administration of County requirements hereunder pursuant to ICC
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regulations, the surcharge shall be limited to the estimated costs
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per loaded vehicle leaving the Airport and notice of the surcharge,
in language satisfactory to the County, shall be included on the
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required PUC notice sheet.
F. Enforcement. Enforcement of the operational
requirements of this Agreement, Title IV, of the Pitkin County Code
(Airport Regulations), specific Ground Transportation Rules and
Regulations, other regulations set forth in Section 8 of the
Airport Commercial Operating Permit and Regulations promulgated
from time to time by the Airport Manager, may be through the
Penalty Assessment Procedure (Article 50, Airport Regulations),
County Court Summons procedure or the County Adjudicatory Hearing
Procedure, a copy of which is attached hereto and incorporated
herein by this reference as Exhibit C ". Nothing herein shall
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be construed to limit the County's remedies with regard to defaults
under this Agreement or violations of the State Criminal Code or
other state, federal and local laws and regulations; all remedies
E of the County are expressly declared to be cumulative, unless f:;>
otherwise provided by law.
jIn this license term, two violations by an individual driver'
of the following list shall result in his/her mandatory minimum`''
suspension from operations to or from the Airport for one year;
three violations by any one Company's drivers of the following list i
shall result in that Company's mandatory minimum suspension from
-:� operations to or from the Airport for one year. Violations subject
f` to this mandatory minimum suspension are as follows:`
(1) Commission of a violent act (e.g. striking or !
j fighting) against another person or active participation (except
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in a peace -keeping capacity) in a violent incident at the Airport.
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(2) Conviction of the Colorado Criminal Code of
�J misdemeanor or felony status for conduct taking place on the
_airport. Y
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' (4) Driving a taxi, limo or bus while under the
4 a� influence of alcohol or drugs, or driving the same while ability
is impaired by alcohol or drugs on the Airport.
(5) operation of vehicles without proper ICC markings, i•:<.r '
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without current PUC inspections or in an unsafe condition at the
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Airport.
(6) Knowingly misrepresenting charges and/or
overcharging for carriage or services to passengers to or from the
Airport.
(7) Willfully failing to pay fees to County.
(8) Willfully damaging equipment, improvements or
facilities at the Airport owned by any person.
(9) Unpermitted pickup of passengers at other than
permitted loading zones at the Airport.
(10) Behavior indicating willful disregard of life,
health or safety of persons on the Airport.
To be subject to this mandatory minimum suspension, such
violations shall be separate, unrelated and non -continuous.
Nothing herein shall be construed to limit the right of a hearing
officer from ordering suspensions for various periods for lesser
or different violations if the facts provided at any hearing so
warrant.
6. Quality of Service/Complaint Resolution/Performance
Review by County.
A. The Licensee shall conduct its commercial operations
hereunder in a manner consistent with the standards of first-class
commercial operators in first-class resort communities throughout
the United States.
B. Licensee acknowledges that the County has an interest
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in resolving any complaints arising from the Licensee's operations,
both as owner/operator of the Airport and as holder of police power
within the County. Based on the foregoing, in the event that
County shall receive any complaint arising from Licensee's
operations, County shall immediately transmit such complaint to
Licensee for resolution. Within five (5) business days of the
receipt of the complaint, Licensee shall provide to the Airport
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Manager a written report of the complaint and its resolution or of
Licensee's attempts at resolution. In addition, Licensee shall
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submit a report to the Airport Manager, on the first day of the
month of April, of all complaints received with respect to all
Aspen operations by Licensee, including those referred by County
in which the complainant identifies him/herself. Failure by
Licensee to resolve a great majority of these complaints and/or to
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correct the underlying cause of these complaints to the
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satisfaction of the Airport Manager shall be grounds for non-
renewal of this Agreement.
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C. At least once semi-annually hereunder, Licensee
shall be entitled, at its request, to a written evaluation of its
performance under this Agreement from the Airport Manager. This
report shall contain specific areas in which performance has been
unsatisfactory or satisfactory and specific standards for
satisfactory performance.
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7. Airport Regulations Enforcement and Traffic Control.
The County shall provide ground transportation supervision to all
vehicular traffic and pedestrians at the Airport during periods
which it determines to be the peak airport operational hours during
the normal Pitkin County tourist seasons. Such officers shall be
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the employees of the County and have the right to direct the
officers, agents, drivers, owner/ operators and employees of the
Company. The purpose of such officers shall be to direct the
expeditious and efficient loading and unloading of passengers and
baggage utilizing the Airport, to control vehicles, pedestrians and
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parking within the designated areas of the Airport and to assure
compliance with the operational requirements and Rules and
Regulations relating thereto. Company agrees that all of its
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employees, agents, operators and subcontractors shall, during the
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term, hereof, immediately comply with all reasonable requests of
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and directions to those persons made by airport traffic control
officers. Any failure to do so, in addition to being an infraction
subject to sanction pursuant to the Airport Rules and Regulations,
shall be deemed a violation under paragraph 5.F. hereof.
8. Payments. All fee payments hereunder shall be made
without demand at the Pitkin County Treasurers Office, Pitkin
County Courthouse, 506 East Main Street, Aspen, Colorado, or at
such other place as the Airport Manager may hereafter designate byW
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of the United States. Any checks given to the County shall be made
payable to "Pitkin County, Colorado" and shall be received by it
subject to collection. Sums which remain unpaid to the County more
than ten (10) days after the same shall become due shall bear
interest at the rate of twenty-four (24%) percent per annum from
and after the due date thereof until paid in full. Checks to
Pitkin County that are returned by the Bank for any reason,
including insufficient funds, will result in a $25.00 service
charge for each return.
9. Utilities. The County, at its expense and in its
reasonable discretion, will furnish normal illumination, standard
grounded electrical outlets, phone conduit to the booth herein
licensed and heat for the premises of the Company in the said Air
Terminal, subject to the provisions of paragraph 4.C.
10. Care of Area.
A. The Company agrees to keep and maintain all areas
occupied or used by it in the Air -Carrier Terminal or on the
Airport in a neat, clean, safe, sanitary and orderly condition at
all times, and keep such areas free at all times of all paper,
rubbish and debris; and will use the premises as to not injure
them, except for ordinary wear and tear resulting from lawful use
in accordance with the terms of this Agreement.
B. The County shall remove snow from and provide
general maintenance for the taxi, limousine and bus ready areas and
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baggage handling areas, as well as all public -access roads within
the Airport. The Company shall be responsible jointly with other
users thereof for policing and cleanup of the taxi, limousine and
bus ready areas and shall cooperate with the County in order to
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accommodate the efficient removal of snow therefrom and the
performance of general maintenance thereon.
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11. Signs. The Company agrees that no signs or advertising
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materials shall be painted on, erected, placed or displayed in any
manner upon the licensed area or any other portions of the Airport
which is not in compliance with the Aspen/Pitkin County Airport
Graphic Standards and without the
P prior specific written approval
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of the Airport Manager or his authorized representative.
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12. Removal of Equipment. All equipment and property placed
by the Company at its expense in, on or about the licensed area,
including all trade fixtures temporarily affixed to the realty but
which may be removed without damage thereto, shall remain the
property of the Company, and the Company shall have the right at
any time during the term hereof, when not in default hereunder, to
remove all such equipment, property and trade fixtures; provided,
however, that such removal shall be accomplished without damage to
the Terminal or upon prompt repair of such damage by the company.
All property placed by the Company at its expense in, on or about
the premises and affixed to the realty so that same cannot be
removed without damage, shall become the property of the County and
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shall not be removed by the Company at any time, except that the
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County reserves the right to require the Company to remove the same
and restore the premises to the same condition as existed at the
commencement of the term hereof, ordinary wear and tear, fire and
other casualty excepted.
13. Richt of Inspection. It is mutually agreed that the
County's duly authorized representatives) shall have at any and.
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all times the full and unrestricted right to enter the licensed
and used areas for the purpose of inspecting or protecting such
premises and of doing any and all things with reference thereto
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which the County is obligated to do as set forth herein or which
may be deemed necessary for the proper general conduct and
operation of the Airport or in the County's police power.
14. Damage To or Destruction of Premises. In the event the
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areas covered hereunder or any portion thereof shall be destroyed
or•damaged by fire or otherwise, to any extent which renders them
unusable, the County may rebuild or repair such destroyed or
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; I
damaged portions and the obligation of the Company to pay the booth
fees hereunder shall abate as to such damaged or destroyed portions
during the time they shall be unusable if no substitute temporary
facilities are provided during such repair and rebuilding. In the
event the Count shall elect not to
County proceed with the rebuilding or
repair of the major
p j portion of the premises (if so destroyed or
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damaged), within a period of ninety (90) days after the destruction
19
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or damage, the Company, may, at its option, cancel and terminate
i
this Agreement.
15. Indemnity and Insurance
A. As further consideration hereunder, the Company and
i
its officers, employees, agents, representatives and subcontractors
shall release, discharge, indemnify and hold harmless the County
of Pitkin (including Pitkin County Airport) and its officials,•'
S7
employees, agents and representatives from and against liability
for any claim, demand, loss, damages, penalty, judgment, expenses,
costs (including costs of investigation and defense), fees
'
(including reasonable attorney and expert witness fees) or
compensation in any form or kind whatsoever for any bodily injury,
death, personal injury or property damage caused by, arising out
7'
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of or in connection with any negligent act, intentional act, error
r
or omission by the Company (as defined above) or for any resulting
i
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liability alleged to accrue against the County on account of the
Company's acts, errors or omissions; provided, however, that such
indemnity shall not be construed as an indemnity for bodily injury
or property damage arising from the sole negligence or intentional
,
acts of the County or its employees.
B. The Company further shall investigate, process,
respond to, adjust, provide defense for and defend, pay or settle
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all claims, demands, or lawsuits related hereto at its sole expense
and shall bear all other costs and expenses related thereto, even
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20
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5
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if the claim, demand or lawsuit is groundless, false or fraudulent.
C. To fund this indemnity, in whole or in part,the
Company shall secure and maintain for the term of its contractual
i
relationship with the County such insurance policies, from
companies licensed in the State of Colorado, as will protect"'
itself, the County (with the County as named insured to the extent:
permitted by law), and others as specified, from claims for bodily
injuries, death, personal injury or property damage, which may be
caused, arise out of or result from the acts, errors or omissions
�
=;
of the company and its officers, employees, agents, representatives
r
and subcontractors. The minimum insurance requirement prescribed
-�
herein shall not be deemed to in any way limit the obligations of
the Company hereunder. The following insurance coverage, at or
l
above the limits indicated and including such endorsements as are
-1
indicated by an "X", are required:
r
(1) Statutory Workman's Compensation: Colorado
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statutory
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minimums
-17
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(2) Commercial General
Liability:
,�z:rvr
Bodily Injury/Property Damage $1,000,000
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Endorsements (check as appropriate):
¢
x Comp rehensive Form All risks
:=
x Premises/Operations
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Underground, Explosion &
Collapse Hazard
Products/Completed operations
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x Broad Form Blanket Contractual
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(Hold Harmless Coverage)
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x Broad Form Blanket Contractual
(Hold Harmless Coverage)
x Independent Contractors
and Subcontractors
x Broad Form Property Damage
x r9iLsonal Injury, with Employment
Exclusion Deleted
(3) Comprehensive Motor Vehicle Liability
Insurance:
Bodily Injury $ 1.000.000
Property Damage S 1.000.000
Endorsements (check as appropriate):
x Any Auto
x All Owned Autos
x Hired Autos
x Non -Owned Autos
Garage Liability
D. To provide evidence of the required insurance
coverage, copies of Certificates of Insurance in a form acceptable
to the County shall be filed with the County (through the Airport
Manager) no later than ten (10) calendar days prior to commencement
of operations affecting the County. Failure to file or maintain
acceptable Certificates of Insurance with the County is agreed to
be a material breach of this agreement and grounds for rescission
or termination. These Certificates of Insurance shall contain a
provision that coverage afforded under the policies will not be,
cancelled or materially altered unless at least thirty (30)
calendar days prior written notice by certified mail, return
receipt requested (effective upon proper mailing), has been sent
22
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- I
provision, "materially altered" shall mean a change affecting the
I
coverage required herein, including a change to policy limits as
set out in the then -current policy declarations page.),.._
Simultaneously with the Certificates, Licensee shall file and
update as necessary a certified statement as to claims pending
against required coverage, reserves established on account of such
claims, defense costs expended and amounts remaining in policy �.
limits.
({I E. In addition, these Certificates of Insurance shall r!
.• i
"Vi
I contain the following clauses:
(1) Underwriters and insurers shall have no
f" right of recovery or subrogation against the County of Pitkin, it
being the intention of the parties that the insurance policies so
t '
effected shall protect both parties and be primary coverage for
=3 any.and all losses covered by the above-described insurance. To
the extent that the County's insurer(s) may become liable for
-'; secondary or excess coverage, the County's underwriters and in
surers shall have no right of recovery or subrogation against the
Licensee.
M(2) 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.
(3) The insurance companies issuing the policy
's or policies shall have no recourse against the County of Pitkin
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23
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for payment of any premiums or for assessments under any form of
policy.
(4) 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.
(5) Location of operations shall be: "all
operations commencing or terminating at the Airport and locations
at the Airport in connection with the Use and License Agreement".
F. Certificates of Insurance for all renewal policies
shall be delivered to the Airport Manager at least fifteen (15)
days prior to a policy's expiration date except for any policy
'j
expiring on the expiration date of this Agreement or thereafter.
16. Patents and Trademarks. The Company represents that is
the owner of or fully authorized to use any and all services,
processes, machines, articles, marks, signs, names or slogans to
be used by it in its operations under or in anywise connected with
this Agreement. The company agrees to save and hold the county,
its officers, employees, agents and representatives, free and
harmless of and from any loss, lability, expense suit or claim for
damages in connection with any actual or alleged or actual unfair
competition or other similar claim arising out of the operations
of the Company under or in anywise connected with this Agreement.
r.
17. Master Plan (Airport and Transit) /Rates and Charges.
Company acknowledges that the County is conducting Airport and
ray
24
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,+ n ,�... ��...".. �...a..� i.�.., .... t.�.'- ��...-rr...✓N�}.�r.^.i.':!�?�Stl167Hlil�'H1i:U®Fl�s.���,. f,�
Transportation master planning which may include, without
limitation, the construction and operation of a public mass transit
ground -transportation system, which may restrict or prohibit
private vehicular access to the Airport, and the re -configuration
i'
or reconstruction of the Airport entrance/ frontage road/traffic
circulation system and the Company hereby releases the County and
waives any claim for damages arising therefrom. Further, the
company agrees to co-operate fully in such planning efforts and to
provide such information as is reasonably requested by the County.
•i�
1
In the event that the County decides to discontinue use, remodel
or reconfigure the presently existing commercial ground
e
r .
transportation facilities, or any portion thereof, the County has
the right to terminate this Lease and Use Agreement, by giving
thirty (30) days written notice of termination to Lessee, as
provided in section 23 of this agreement. The County agrees that
it shall make reasonable efforts to plan and shall construct such
systems to avoid unreasonable restriction upon the access to the
Airport.
is
Company further acknowledges that the County conducts
annual and on-going rates and charges analysis and has made no
representation to Company regarding rates, fees, charges or
compensation to County in any form whatsoever after the expiration
of the initial term of this Agreement.
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18. Third Parties. This Agreement does not, and shall not
25
Yiut t M FS
be deemed or construed to confer upon or grant to any third party
or parties (excepting parties to whom the Company may assign this
Agreement in accordance with the provisions hereof, and excepting
any successor to the County) any right to claim damages or to bring
any suit, action or other proceeding against either the County or
the Company because of any breach hereof or because of any of the
i terms, covenants, agreements and conditions herein contained.
19. Taxes and Licenses. The Company agrees to pay promptly
all taxes, excises, license fees and permit fees of whatever
nature, applicable to its operation at the Airport, and to take
out and keep current all licenses, local, state (including,
specifically, required PUC and ICC licenses and permits) or k
federal, required for the conduct of its business hereunder, and
i
further agrees not to permit any of said taxes, excises or licenses
�j fees to become delinquent. The Company also agrees not to permit
z,AA any mechanic's or any other lien or statutory claim to become
_ attached or be foreclosed upon the property herein above described,
or any part or parcel thereof, by reason of any work or labor i
performed or materials furnished. The Company further agrees to
it
' furnish the County upon request, duplicate receipts or other
satisfactory evidence showing the prompt payment by it of social
security, unemployment compensation, withholding, all required t
licenses and all taxes. The Company further agrees to pay promptly
-TL
when due all bills, debts and obligations incurred by it in V*
26
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tw.�,!' w....:a..,.e.c.-...., rv-.uKaw..+M:r.:Qf ,. £iv�::� v Y::-' 'E1:v.i♦ .
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connection with its operation of said business at said Airport, and
not to permit the same to become delinquent, and to suffer no lien,
mortgage, judgment, execution or adjudication in bankruptcy which
will in any wayf impair the rights of the County under this
Agreement.
20. Compliance With All Laws and Regulations. The Company
agrees not to use or permit the licensed and used areas to be used
for any purpose prohibited by the laws of the United States or the
State of Colorado or the Code or Regulations of the County of
Pitkin, and it further agrees that it will use the areas herein
described in accordance with all general rules and regulations
adopted by the County for the government and operation of the
Airport, either promulgated by the County on its own initiative or
:I
by or in compliance with regulations or actions of any federal
agency authorized to regulate flights to and from said Airport.
The Company further agrees to submit any relevant report or reports
or information regarding its operations that the Airport Manager
may request. The company agrees to abide by and conform to the
then -current Airport Security Manual. The company further agrees
to promptly pay any fines assessed by the F.A.A. as a result of a
security violation by the company, it's officers, employees, agents
or subcontractors. Company hereby represents and warrants that it
shall have all necessary and appropriate permit and license
authority for Company's proposed airport operations from the ICC,
27
1
. C��il M2.
and PUC throughout the entire term of this Agreement. Company
acknowledges that this representation and warranty has constituted
a substantial inducement to County to enter into this Agreement.
Failure of company's representation and warranty at any time shall
be grounds for an immediate termination of this Agreement by
County.
21. Non-exclusive. The Company acknowledges that this
Agreement is non-exclusive and that the County has the right to
grant such other licenses, franchises, leases, concessions and/or
permits as it deems, in the exercise of its discretion, are neces-
sary or desirable to the efficient or economical operations of the
Airport.
22. Cancellation and Termination. The County may cancel and
terminate this Agreement and may repossess the licensed area, with
or without process of law, without liability for trespass, in the
event of any default of the Company as to the terms, covenants or
conditions of said Agreement, upon giving ten (10) days' written
notice (or a lesser period of time, but not less than two (2)
business days, upon non-payment of rent or fees, upon failure to
provide or maintain required insurance coverage or when, because
of the hazardous nature of the default, sooner remedial steps shall
be required) to the Company of its intention to so terminate, at
the end of which time all the rights hereunder of the Company shall
terminate, unless the default, which shall have been stated in such
28
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notice, shall have been cured within such ten (10) days; provided,
however, the Company will be allowed, during the term of this
agreement only two (2) notices of default which it may cure within j
the time specified in this paragraph. The third such notice shall t
give the County, acting by and through its Airport Manager, the
right to forthwith cancel and terminate this Agreement and all the
rights hereunder of the Company.
I
23. Notices. All notices required to be given to the County
hereunder shall be given by hand -delivery or certified mail, return
receipt requested, addressed to the Airport Manager, Aspen/Pitkin `(I
County Airport, 0233 Airport Road, E. Concourse, Suite A, Aspen,
Colorado 81611; with a copy to the Board of County Commissioners
of Pitkin County, Colorado, c/o County Manager, 506 East Main
Street, Aspen, Colorado, 81611; all notices required to be given
to the Company hereunder shall be given by hand -delivery or
certified mail, return receipt requested, addressed to as
specified on the signature page hereof ; provided,
however, that either party hereto may designate in writing from
time to time the addresses of substitute or supplementary persons
within the State of Colorado to receive such notices. The
effective date of service of any such notice shall be the earlier
of the date such notice is hand -delivered to the other party or
three(s) calendar days after proper mailing thereto.
24. 'Waivers. No waiver of default by the County of any of the
29
�F
terms, covenants or conditions hereof to be performed, kept and
observed by the Company shall be construed as or operate as a
waiver by the County of any subsequent default of any of the terms,
covenants or conditions herein contained to be performed, kept and
observed by the Company.
25. Assignment. The Company covenants and agrees not to
assign, sublet, encumber, pledge or transfer any of its rights in
this Agreement, in whole or in part, nor grant any license or
concession hereunder, without first obtaining the written consent
of the County. A transfer of more than thirty percent (30%) of
the issued and outstanding capital stock of the Company (or other
ownership interest in the Company), whether by a single transaction
or in the aggregate, shall be construed to be a transfer or
assignment requiring the consent hereunder.
26. Agreement Subordinate to Agreements With United States.
This Agreement is subject and subordinate to the terms, reserva-
tions, restrictions, and conditions of any existing or future
agreement between the County and the United States, relative to
the operation or maintenance of the Airport, the execution of which
has been or may be required as a condition precedent to the
expenditure of federal funds for the development of the Airport.
27. Agreement Binding. This Agreement shall be binding on and
extend to the successors and assigns of the respective parties
hereto.
30
9
31
11 Pi.
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28. Third Party Agreement. The Lessee shall provide details
of all third party agreements between the Lessee and other
companies in regard to operations at the Aspen/Pitkin county
Airport.
29. Paragraph Headings. The paragraph headings contained
herein are for convenience in reference only and are not intended
to define or limit the scope of any provision os this Agreement.
30. Agreement Made in Colorado. This Agreement shall be deemeda'`
{
to have been made in, and construed in accordance with the laws of,
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the State of Colorado, and venue is agreed to be exclusively within
F
the Courts of Pitkin County, Colorado.
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31. Manager's Authorized Representative. Wherever reference
is made herein to the "Airport Manager or his authorized
representative," or words of similar import are used, the Board of
Pitkin County Commissioners shall be such until written notice
;.
otherwise is hereafter given to the Company.
32. No Discrimination. The Company, for itself, its successors
and assigns, as a part of the consideration hereof, does hereby
c'
covenant and agree that in the event facilities are constructed,
„
maintained, or otherwise operated on the property covered hereby
for a purpose for which a Department of Transportation program or
9
activity is extended or for another purpose involving the provision
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of a similar service or benefit, the Company shall maintain and
"-�-
operate such Facilities and services in compliance with all other
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e,4.:rX,^. ,. ,.1..{.�r..�+...ti. ..Y�. .... ,n+�.�.��tlll:.ixt+i'�.4ii°.'�..
requirements imposed pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, office of
the Secretary, Part 21, Nondiscrimination in Federally -assisted
program so the Department of Transportation -Effectuation of Title
E'
i_
vI of the Civil Rights Act of 1964, and as said regulation may be
amended. In addition, the Company agrees to comply with the letter
and spirit of the Colorado Antidiscrimination Act of 1957, C.R.S.
24-34-401 et sea., as amended. That in the event of breach of any
of the above nondiscrimination covenants, which breach shall not
_
be immediately cured, the County shall have the right to terminate
.��.
the Agreement and to reenter and repossess the license area,
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covered hereby and the facilities therein and thereon, and hold the
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same as if said Agreement had never been made or issued. The right
of termination contained in this paragraph shall be in addition to
those contained in elsewhere herein and may be exercised separately
+'
therefrom without written notice.
33. Illegal Acts. The parties hereto aver that they are
pra„
familiar with the Pitkin County Procurement Code, C.R.S. 16-8-301
et sea., (Bribery and Corrupt Influences) and C.R.S. 18-8-401 et
vt�
sea., (Abuse of Public Office), and that no violation of such
provision is present.
34. Conflict of Interest. The parties aver that to their
knowledge, no County employee has any personal or beneficial
or
---
interest in this contract.
32
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35. Attorney's Fees, if legal action is necessary to enforce
any of the provision of this Agreement, the prevailing party shall
be entitled to its attorney's fees, plus costs, including expert
witness fees.
36. Amendments. This Agreement is agreed by the parties
to represent the complete Agreement of the parties and includes
any and all prior representations, statements and agreements,
whether the oral or written. This Agreement may only be amended
or modified in a writing signed by both parties and approved by
the Board of County Commissioners acting at a regular meeting.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as follows:
BOARD OF COUNTY COMMISSIONERS
OF PIT,IKIN COUNTY, COLORADO
By: `i-zo/-0
Chair Date
FOR APPROVAL:
Brad Christopher
Airpoz:�-,Manager
Reid Haughey
County Manager
APPRO D AS(^T�O` FORM:
LIZ
Timojthj E� Whitsitt V
Asst t t ounty Attorney
33
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LICENSEE:
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ATTEST*
�*-klate cretar�r
(Seal)
gy; � /7��d j� I .
President (date)
Licensee's address for
purposes of mailing notices
under this Agreement.
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(If Licensee is a corporation, it may have it's president's
signature attested to by it's corporate secretary; if Licensee is
some other business entity, this document should be signed by an
official with authority to bind the entirety and such signature
must be notarized.)
STATE OF COLORADO)
ss.
COUNTY OF PITKIN
Subscribed and sworn to before me this day of
President of and
its secretary.
My commission expires:
Notary Public
word\work\trans.ssc
34
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'ASPEN AIRPORT
P;.TftN COV$#!4
'�,,'6233 AIRPORT M,'A
" SUITE A
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Connection
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coupter/b0;.th
space
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EXHIBIT "A"
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01
Ar, . .. ... ..
ASPEN/PITKIN COUNTY AIRPORT
I Owners and drivers of all taxicabs, limousines, buses and
hotel/lodge courtesy vans operating on the Pitkin County
Airport shall strictly comply with all Federal, State and
County laws and regulations and the written and verbal
directives thereunder and interpretations thereof of the
Airport Manager or his authorized representatives, including
without limitation, to the Assistant Airport Manager, Opera-
tions Supervisor, Airport Regulation Enforcement officers as
appointed, and all Pitkin County Sheriff's deputies.
a. If a driver disagrees with a directive, he/she shall be
obligated to comply immediately with the directive, but
may thereafter file a protest with the Airport Manager.
The protest will be resolved at the earliest possible
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GROUND TRANSPORTATION RULES AND REGULATIONS
ISSUE DATE: November 29, 1989
POSTING AND DELIVERY DATE: November 29, 1989
EFFECTIVE DATE: December 4, 1989
AUTHORITY: -1973 C.R.S. 41-4-101 et sea.
-Pitkin County Code, Title IV (Airport Regula-
tions), Section 2-1, 2-6, 8-8,
-2973 C.R.S. 30-15- 401 (2) (b).
-Pitkin County ordinance No. 1988-13
ENFORCEMENT: -Pitkin County Code, Title IV (Airport Regula-
tions), Sections 50-1, 50-3, 50-5 (Adjudicatory
Hearing Procedures)
-1973 C.R.S. 18-9-117
-1973 C.R.S. 18-1-106
-1973 C.R.S. 40-17-106
THE FOLLOWING RULES AND REGULATIONS APPLY TO ALL OWNERS AND DRIVERS
OF ALL TAXICABS, LIMOUSINES, BUSES AND HOTEL/LODGE COURTESY VANS
OPERATING ON THE PITXIN COUNTY AIRPORT. THESE RULES AND
REGULATIONS SUPPLEMENT THE RELEVANT AIRPORT REGULATIONS FOUND IN
TITLE IV, PITXXN COUNTY CODE, AND SUPERSEDE ALL EARLIER PUBLISHED
GROUND TRANSPORTATION RULES AND REGULATIONS.
I Owners and drivers of all taxicabs, limousines, buses and
hotel/lodge courtesy vans operating on the Pitkin County
Airport shall strictly comply with all Federal, State and
County laws and regulations and the written and verbal
directives thereunder and interpretations thereof of the
Airport Manager or his authorized representatives, including
without limitation, to the Assistant Airport Manager, Opera-
tions Supervisor, Airport Regulation Enforcement officers as
appointed, and all Pitkin County Sheriff's deputies.
a. If a driver disagrees with a directive, he/she shall be
obligated to comply immediately with the directive, but
may thereafter file a protest with the Airport Manager.
The protest will be resolved at the earliest possible
Sr
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ASPEN/PITKIN COUNTY AIRPORT
GROUND TRANSPORTATION RULES AND REGULATIONS
ISSUE DATE: NOVEMBER 29, 1989
time by the Airport Manager.
b. All complaints by drivers or owners shall be directed
initially to an Airport Regulations Enforcement officer.
C. The Airport Manager (or his authorized representatives)
shall have the right at any and all times to inspect
licensed areas and vehicles for compliance with these
Rules and Regulations and to demand production of
documentation which may be required pursuant to relevant
permits, licenses, and agreements.
2. Each licensee or permittee shall file and keep current with
the Airport Manager a list of drivers' names, dates of birth
and current Colorado driver's license numbers must be on file
with the Airport. All drivers must have and carry a current,
valid Colorado license for his/her class of operation.
3. In order to qualify for use of the Commercial Traffic Cirble
facilities, each vehicle must be currently on file with the
Airport (including identifying information as required) and
must have current complying PUC and/or ICC inspections and
markings.
4. Drivers shall remain in their vehicles at all times, except:
a. when using Terminal bathroom and eating facilities (and
thereafter shall promptly return to his/her vehicle
without lingering in the terminal or in front of the
terminal); or
b. when assisting in the curbside loading and unloading of
passengers and their baggage; or
C. when picking up delayed baggage under contract with the
airlines or hotels/lodges; or
d. when briefly consulting with company Terminal booth
personnel on the coordination of service.
5. No driver or employee of any ground transportation company
may porter passenger(s) baggage unless curbside porter service
is not reasonably available, the passenger has, without
solicitation by the driver, so requested such assistance and
leaving an unattended vehicle for this purpose would not cause
or aggravate traffic congestion; or the driver or employee is
claiming and delivering delayed baggage under contract.
2
ASPEN/PITKIN COUNTY AIRPORT
GROUND TRANSPORTATION RULES AND REGULATIONS
ISSUE DATE: NOVEMBER 29, 1989
6. Each Company operating a ground transportation booth in the
Air -Carrier Terminal may have two (2) employees of that
Company behind the booth for the purpose of operating the
`
booth. Drivers are prohibited from gathering, lounging or
c
loitering in or near -the booth. All other commercial
activities, except operations under PUC or ICC certificates,
are prohibited on the Airport, unless expressly permitted in
�.
writing by the Airport Manager.
7. "Hawking" or direct solicitation of business of any kind at
any time is prohibited, including, but not limited to, the
following: personal solicitations, whistling, waving,
unauthorized signs, honking, light flashing, etc.
8. Fights, foul language, gestures, threats, threatening displays
i
or any loud or rude display are prohibited.
9. Horseplay, games (ball -throwing, running, etc.) and contests
1
are prohibited.
10. The use or possession of alcoholic beverages or illegal drugs
is prohibited by drivers and employees while on duty, and in
or around Company vehicles on the Airport. Consumption of
alcoholic beverages within the terminal is prohibited except
on the premises of the airport food and beverage vendor.
11. Ground transportation vehicles must be at all times clean
(internal and external), sanitary and free from trash and
I.
debris. Drivers must be clean, and neatly attired and
groomed.
12. All vehicles shall be operated from only those areas
{
specifically marked, and permitted for passenger unloading,
staging, stacking (queuing) and loading as identified on the
sketch map of the Commercial Air Carrier Terminal facilities,
attached hereto as Exhibit "A".
a. Passenger Drop-off
Referring to Exhibit "A", all departing passengers in
commercial and private vehicles, must be delivered in the
S
Public Traffic Circle in front of the
Ticketing/Departures side of the terminal in the area
identified as 1 on the Exhibit. The term "departing
'7
passenger" identifies a passenger who is involved in
departing the airport in a commercial airline aircraft.
Parking (unattended vehicles) is not permitted in this
area. Attended vehicles are limited to a maximum of ten
3
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3
ASPEN/PITKIN COUNTY AIRPORT
GROUND TRANSPORTATION RULES AND REGULATIONS
ISSUE DATE: NOVEMBER 29, 1989
(10) minutes, or a shorter period if so directed by an .
Airport Regulation Enforcement Officer. "Attended"
}_
'-
vehicle is an operative vehicle with a licensed driver
inside. In the southerly end of the Public Traffic
Circle identified as area 2 on the Exhibit, private
vehicles only are authorized to pick-up arriving passeng-.'
ers exiting through the South "Arrivals/Baggage Claim"
doors. Under no circumstances will commercial trans-
portation operators be permitted to pick-up arriving
passengers in this area unless specifically approved by
the Airport Manager.
b. Passenger Pick-up
The term "arriving passenger" identifies a passenger who
has just arrived at the airport on a commercial airline
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aircraft. The Commercial Traffic Circle is for the
exclusive use of commercial ground transportation
3'
operators. Movement through this circle shall flow
counter -clockwise. Entering the Commercial Traffic
i
Circle all taxi operations must move to the far right
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(East) side of the lane for stacking; this area is
indicated as 3 on Exhibit "A". Taxicabs only are
-'
authorized to operate within this area. For those
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vehicles by-passing the taxi stacking lane, the lane to
the far left (West) is designated as a through lane.
Parking or passenger pick-up is not permitted in this
s=4
lane. Limousines and Courtesy vans shall follow the
through lane and proceed to the limousine or courtesy van
passenger pick-up areas identified as areas 4 and 5 on
the Exhibit. Area 4 is the only Aoint in which limousine
operators are authorized to receive arriving passengers
`.
for transport. Area 5 is the only Point in which
courtesy van operators are authorized to receive their
reserved guests for transport. All pick-ups or fares in
areas 4 and 5 must be on the far right -side of the lane
(West), the left -side is designated as a through lane;
parking or passenger pick-up is not permitted in this
lane.
Limousine operators, as defined in Section 18. herein,
Y?A,
shall pick-up passengers only under the following method:
Area 4 on the attached Exhibit "A" identifies two (2)
spaces for the exclusive use of commercial limousines.
The space nearest to the "Arrivals/Baggage Claim" doors
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shall be defined as space one, and the space furthest
from the "arrivals" doors shall be defined as space two.
The area identified on Exhibit "A" as 4a shall be used
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ASPEN/PITKIN COUNTY AIRPORT
GROUND TRANSPORTATION RULES AND REGULATIONS
ISSUE DATE: NOVEMBER 29, 1989
for the exclusive purpose of limousine staging. The
first limousine in line (space one) in area 4 is entitled
to the first load of 14 passengers or less; the second
limousine in line (space two) is entitled to the second
load of 14 passengers or less. Other limousines waiting
in line (limo. 3, 4, 5, 6, 7 ...) for passenger loading
shall stage in area 4A, and shall fill the available
loading space in rank order as those spaces become
available-.
Commercial vehicles who are operating under a published
schedule, and vehicles who are operating under a charter
or "pre -book" arrangement shall pick-up and drop-off
passengers in area 2 of the Public Traffic Circle.
Commercial vehicles who are conducting local operations
between the Airport, Aspen and Snowmass may not operate
in area 2.
13. Under certain circumstances, such as charter busing operations
under contract with the commercial airlines due to airline
flight cancellation, the Airport Manager or his authorized
representative shall have the right and authority to allow
passenger pick-up and drop-off in areas other than designated
herein.
14. The first cab in line in the loading zone is entitled to the
first fare. if a passenger wants another company's vehicle,
he or she may request that company's vehicle, and the first
cab shall not lose its place and shall have the next available
fare.
15. If a driver refuses a fare, he or she automatically loses his
or her space in the stacking line and must depart immediately
to the end of the stacking line.
16. If for any reason, a vehicle/driver in the stacking line
should leave its/his/her place in line, it/he/she automati-
cally loses such place and must return to the end of the
stacking line.
17. All drivers shall comply with all traffic control and parking
signage. Unless otherwise marked, the speed limit on the
Airport frontage road, in the parking lots and traffic circle
is 20 m.p.h.
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ASPEN/PITKIN COUNTY AIRPORT
GROUND TRANSPORTATION RULES AND REGULATIONS
ISSUE DATE: NOVEMBER 29, 1989
i
18. For purposes of these Rules and Regulations, a "taxicab" shall
be defined as a vehicle with a meter, operating ;and chargingq
on a per -trip basis, with up to seven (7) passenger seats;.a
,F
"limousine" shall be defined as a vehicle without a meter,
• operating and charging on a per -seat basis, with up to
fourteen (14) passenger seats; a "bus" shall be defined as ai}.'
vehicle with fifteen (15) or more passenger seats; a courtesy
1
van shall be defined as a vehicle permitted to transport its
lodging customers as a "courtesy" service only, not for hire.
-
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19. Drivers violating any of the Airport Rules and Regulations or
these Airport Ground Transportation Rules and Regulations will
(i
be subject to criminal or traffic prosecution or civil
penalties as provided by law. Penalties will be cumulative.'''
for repeat offenses and every driver offense will also be
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recorded as a parent company violation. Any driver or company
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has the right to request a hearing by the airport hearing
officer. Mandatory minimum suspensions of one year are
provided for violations considered especially serious, as
follows:
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(1) Commission of a violent act (e.g, striking or
fighting) against another person or active
participation (except in a peace -keeping capacity)
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in a violent incident at the Airport.
(2) Conviction under the Colorado Criminal Code of mis-
demeanor or felony status for conduct taking place
on the Airport.
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(3) A conviction or guilty plea on a charge of careless
or Reckless driving on the Airport.
(4) Driving a taxi, limo, bus or courtesy van while
under the influence of alcohol or drugs, or driving
i;
the same while ability is impaired by alcohol or
drugs on the Airport.
(5) Operation of vehicles without proper PUC and/or ICC
;
markings, without current PUC and/or ICC inspections
or in an unsafe condition at the Airport.
,
(6) Knowingly overcharging for carriage, or services to
2
passengers to or from the Airport or violating PUC
l
or ICC regulations with respect to fare and meter
.
displays.
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ASPEN/PITKIN COUNTY AIRPORT
GROUND TRANSPORTATION RULES AND REGULATIONS
ISSUE DATE: NOVEMBER 29, 1989
(7) Willfully failing to pay fees to County.
(8) Willfully damaging property, equipment, improvements
or facilities at the Airport owned by any person.
(9) Unpermitted pickup of passengers at other than
permitted loading zones at the Airport.
(10) Behavior indicating willful disregard of life,
health o- safety of persons on the Airport.
20. A formal charge of violation of Airport Regulations or these
regulations will be commenced by the issuance of a Penalty
Assessment (for violation of traffic regulations); a County
Court summons (for violations of traffic regulations or some
criminal violations); or a Notice of Violation, Order to Show
Cause and Notice of Hearing (for violations of Airport
Regulations of these Rules and Regulations). Charges of the
state or federal criminal statutes may be commenced by arrest.
21. INDEMNITY/INSURANCE
A. The Permittee (including, by definition here and hereinafter,
its officers, employees, agents and representatives,
subcontractors and suppliers), shall and hereby does release,
discharge, indemnify and hold harmless the County of Pitkin
and the Pitkin County Airport and their officials, employees,
agents and representatives from and against liability for any
claim, demand, loss, damages, penalties, judgment, expenses,
costs (including costs of investigation and defense), fees
(including reasonable attorney and expert witness fees) or
compensation in any form or kind whatsoever for any bodily
injury, death, personal injury or property damage arising out
of or in connection with any negligent act, intentional act,
error or omission by the Permittee, and for any consequential
liability alleged to accrue against the County caused by the
Permittee'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 negligence
of the County, the Airport or its employees.
B. The Permittee further shall investigate, process, respond to,
adjust, provide defense for and defend, pay or settle all
claims, demands, or lawsuits related hereto at its sole
expense and shall bear all other costs and expenses related
thereto, even if the claim, demand or lawsuit is groundless,
false or fraudulent.
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ASPEN/PITKIN COUNTY AIRPORT
GROUND TRANSPORTATION RULES AND REGULATIONS
ISSUE DATE: NOVEMBER 29, 1989
C. To fund this indemnity, in whole or in part, the Permittee
shall secure and maintain for the term of its contractual
`
relationship with the County such insurance policies, from
companies licensed in the State of Colorado, as will protect
'
itself, the County and others as specified, from claims for
bodily injuries, death, personal injury or property damage,
which may arise out of or result from the Permittee's
negligent acts, errors or omissions. The following insurance:
coverage, at or above the limits indicated and. including such
i
endorsements as are indicated by an "X", are required:
k1) Statutory Workman's Compensation: Colorado
Statutory minimums
(2) Commercial General Liability:
Bodily Injury/Property Damage
Combined Single Limit: $1.000,000
Endorsements (check as appropriate):
x Comprehensive Form (All Risks)
x Premises/Operations
X Broad Form Blanket Contractual
(Hold Harmless Coverage)
x Independent Contractors/
Permittees and Subcontractors, if such
are used in the operation
_—x—Personal Injury, with Employment
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Exclusion Deleted
(3) comprehensive Motor Vehicle Liability Insurance:
Bodily Injury/Property Damage
Combined Single Limit: $500.000
Endorsements (check as appropriate):
,
x Any Auto
x All Owned Autos
x Hired Autos
x Non -Owned Autos
Garage Liability
(4) Special Coverage (check as appropriate):
Loss of use insurance
Fidelity bonds
D. To provide evidence of the required insurance coverage, copies
#!k.
of Certificates of Insurance in a form acceptable to the County
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shall be filed with the County (through the Airport Manager)
no later than ten (10) calendar days prior to commencement of
operations affecting the County. Failure to file or maintain
acceptable Certificates of Insurance with the County is agreed
8
e,
ASPEN/PITKIN COUNTY AIRPORT
GROUND TRANSPORTATION RULES AND REGULATIONS
ISSUE DATE: NOVEMBER 29, 1989
to be a material breach of any contract and grounds for
rescission or termination. These Certificates of Insurance
shall contain a provision that coverage afforded under the
policies will not be cancelled unless at least thirty (30)
calendar days prior written notice by certified mail, return
receipt requested (effective upon proper mailing), has been
sent to the County (through the Airport Manager).
Simultaneously with the Certificates, Permittee shall file and
maintain current a certified statement as to policy limits,
claims pending against required coverage, reserves established
on account of such claims, defense costs expended and amounts
remaining in policy limits.
E. In addition, these Certificates of Insurance shall contain the
following clauses:
(1) The Permittee's underwriters and insurers waive right of
recovery or subrogation against the County of Pitkin, it
being the intention of the parties that the insurance
policies described in the Certificates shall be primary
coverage for any and all losses covered by the above-
described insurance. To the extent that the County's
insurer(s) may become liable for secondary or excess
coverage, the County's underwriters and insurers waive
right of recovery or subrogation against the Permittee.
(2) The clause "other insurance provisions," in a policy in
which the County of Pitkin holds a Certificate, shall not
apply to the County of Pitkin.
(3) The insurance companies issuing the policy or policies
hereunder shall have no recourse against the County of
Pitkin for payment of any premiums or for assessments under
any form of policy.
(4) Any and all deductibles in the above-described insurance
policies shall be assumed by and be for the amount of, and
at the sole expense of the Permittee.
(5) Location of operations shall be: "all operations and
locations on the Pitkin County Airport or in connection
with operations originating from or terminating there."
F. Certificates of Insurance for all renewal policies shall be
delivered to the Airport Manager at least fifteen (15) days
prior to a policy's expiration date except for any policy
expiring on the expiration date of this Agreement or there-
after.
9
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ASPEN/PITKIN COUNTY AIRPORT
GROUND TRANSPORTATION RULES AND REGULATIONS
ISSUE DATE: NOVEMBER 29, 1989
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22. The Rules and Regulations are subject to change at any time
i
with five (5) days written notification by the Airport Manager.
Notification will be posted in the arrival "pod" vestibule at
the Air -Carrier Terminal and also sent to each taxicab,
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limousine, and bus company, and lodging company which operates
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courtesy vans.
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-CERTIFICATE OF POSTING AND MAILING;,.
The undersigned hereby certifies that a correct and complete
l:
copy of the foregoing Aspen/Pitkin County airport Ground Trans-
portation Rules and Regulations were, by the undersigned per-
'
sonally, posted in the entrance vestibule of the "Arrivals/Baggage
Claim" section of the Airport on the 29th day of November, 1989,
and mailed to each ground transportation company, certified mail,
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return receipt requested, on the 29th day of November, 1989, to the
following address:
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COMMERCIAL
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1. High Mountain Taxi
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111 C Airport Business Center
Aspen, CO 81611
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2. Aspen Limousine
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PO Box 8392
Aspen, CO 81612
3. The Skiers$ Connection
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Vail Transportation Center.
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P.O. Box 2086
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Vail, CO 81658
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HOTEL/LODGING COURTESY VANS
1. Aspen Meadows
by ,1
515 S. Galena
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Aspen, CO 81611
2. Aspen Club Lodge
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709 E. Durant
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Aspen, CO 81611
3. Grand Aspen Hotel
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515 S. Galena
Aspen, CO 81611
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17. Enclave••Condos.
360 Wood Run
Snowmass Village, CO 81615
18. The Snowmass Club
0239 Snowmass Club Circle
Snowmass Village, CO 81615
19. Stonebridge Inn
300 Carriage Wy.
Snowmass Village, CO 81615
20. Timberline Lodge & Condos.
0264 Snowmelt Rd.
Snowmass Village, CO 81615
21. Woodrun Place
0425 Wood Rd.
Snowmass Village, CO 81.615
22. Wildwood Hotel
40 Elbert Ln.
Snowmass Village, CO 81615
23. Mountain Chalet
Snowmass Resort
Snowmass Village, CO 81615
24. Silvertree Hotel
100 Elbert Ln.
Snowmass Village, CO 81615
25. Pokolodi Lodge
25 Daly In.
Snowmass Village, CO 81615
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0233 AIRPORT ROAD
ASPEN, COLORADO 81611
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