HomeMy WebLinkAboutbocc.con.114.1996 � y� - /i� :�:
�q,rta e7�.����,� -�i i� _,y�hs,'.
l..}� ua r. . T`�.
�,�1r1}Ei}`iR4.:<�. �`�,•
LICEATSE AND USE AGREEMEI3T � '-'����.S�/ ,
AIRPORT VENDING MACHINE CONC$SSION (1996 - 1999) `
i,
SOPRIS VENDING SERVICES .':�yt
TEiIS LICENSE AND USE AGREEMENT made as of the date last below
signed, is by and between the Board of County Commissioners of
Pitkin County, Colorado, a Colorado home-rule county ("County") and
Sopris Vending Services, a Colorado Company ("Licensee��} :
WHEREAS, the County is the owner, sponsor, and operator of the
Aspen/Pitkin County Airport (Sardy Fie2d), located in Pitkzn County - -
in the vicinity o£ Aspen, Colorado (hereinafter the "Airport") , at .
which it has made available certain public airfield aviation
terminal and facilities, certain areas for public use, certain
areas for exclusive and non-exclusive commercial use subject to
permit and certain reserved areas; and
WHEREAS, the County has the authority to operate and manage the
' Airport, to regulate commercial activities at the Airport and to
Zease and license space thereon, pursuant to, inter alia, C.R.S.
30-i1-107, 30-15-401, 30-35-201/202, 41-4-101 et sea., as amended,
Title IV of the Pitkin County Code, as amended, and Seetion 8.7 of
' the Pitkin County Home Rule Charter; and
WHEREAS, Licensee is engaged in the business of supplying vending
machine service including beverages, snacks, and candy to the
public and employees at the Airport, 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, TAEREFORE, 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. Grantina of License
1.1 The County grants to Licensee, during the term of this .
License, the right to operate a vending machine concession 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 legislation, regulation and case law affecting
the County's power to grant such exclusive rights.
1.2 The County reserves the right to permit incidental sales
of necessity and gift shop items by its gift shop and/or
food/beverage service operators. Nothing hereia shall be construed
to prevent Licensee from proposing to enlarge and/or relocate its
licensed area or from bidding/proposing on further pezmitted '
vending machine concession operations. .
I
� � .'�::��,
� �
�
.., ..
.:4 �
�Y•. .�. . . ..� . . . , � � . . .. ' - ... ' ' .
.�04::':
�� it
�i`
S+L r.:
��... .
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 �a��- ':,
terminal, so long as such righta do not interfere with the rights � '`•
of other lessees, licensees or permittees of the terminal, the .y��f; -
traveling public or the safe and efficient operation of the ':
terminal. � �
l��`
1.4 The Licensee represents that it is a women-owned,
Disadvantaged Business Enterprise (DBE) as defined by the state and 'J.?.-
Federal governments. •,
' 'Y'' :
2. TERM. The term of this License and Use Agreement shall 'k=:
commence at 6:Q0 a.m. MST on June lst. 1996, and expire at 10:00 jhc. _ .
p.m. MST on Mav 31st, 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 (90) days prior to the anniversary
date, that anniversary date being the date of Beneficial Occupancy. � ,
If no such review indicating unsatisfactory performance is 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. `��'
�,
. 2.2 At the option of the County and provided Licensee is not
in breach and has per£ormed in a satis£actory manner acceptable to i
the County, the County shall have the option to renew this
Agreement for one additional three (3) year term.
2.3 The County's exercise of its right of renewal sha11 be -
exercised by delivery of written notice to the Licensee sixty (60)
days prior to the expiration ot the term. k `
. �
3. License Fees/Pavments/Securitv
i
3.1 The fees and charges for the occupancy and use of the
, Location for the term of this License and Use Agreement shall be r:
r
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: twenty (20) percent (°s) of the gross revenues, after
taxes, as collected, reported, and made payable on a monthly basis
as provided below. i
�
3.1.2 For purposes of this Agreement, "gross receipts" �� •
shall mean the total amount in dollars of the actual sales price, '
whether for cash or on credit or partly on credit, of all sales of �
aI2 merchandise. a'i�
3.1.3 No deduction shall be allowed for uncollected or `�,-
:it
uncollectible credit accounts.
2 �,f ' i -
�..�
i.
,a
� � 1'�� .
�.. +
..i• .
,�
:;;;
�-,��4��`
�.;�.:�.
. ,�;:. .,
3.1.4 Gross sales shall not, howevez, include any sums
collected from the purchaser and paid out by Licensee to the taxing .�
authority for any sales or excise tax imposed by any duly . �i..
constituted governmental authority, if such taxes are added to the '
sales price of inerchandise or charge for service, nor the amount of '�.��.
returns to shippers or manufacturers, nor the amount of any cash or �
credit refund made upon any sale where the merchandise so2d, or
some part thereof, is therea£ter returned by the purchaser and
accepted by Licensee.
3.1.5 Payments for any month or part of a month shall be r�'
due and payable on the tenth business day of the month succeeding , .
any month in which operations take place. The Company agrees it
will, with such payment, submit a detailed statement showing the `
Company's gross receipts for the preceding month, said statement '
shall be submitted on Workpaper A attached hereto as Exhibit "A", .
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 certification.
3.1.6 The monthly payment as provided for in Section i
3.1.1 shall be considered delinquent if not received by the tenth C
(lOth) day of the month due. If the tenth (lOth) 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, Aspen, Colorado, 81611, with a
simultaneous copy to the Office of the Directox of Aviation. All
delinquent payments shall accrue default interest on any unpaid and t`
delinquent balance on the sixth (6th) day of every month so S�u
delinquent at the rate of two percent (2°s) per month on the unpaid
. balance, compounded monthly; default interest shall be due and
payable withaut demand with the next regular payment due. Amounts
received shall be credited first to accrued intezest and then to
accrued and current payments due,
4, vendincr Machine Area and Use. The County shall provide the
Licensee with the exclusive right to occupy and use the "vending
machine area" as it is depicted on Exhibit "B", attached hereto and
incorporated herein by reference, for the sole purpose ot operating
an Airport vending machine concession, as set out herein.
5. Hours of Operation. Licensee shall provide machines that are
adequately equipped, provisioned, and operational to serve the
market demand seven (7) 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 shall comply with
all state and county regulations and shall be conducted in a ,.
courteous and helpful fashion.
3 �
I .
i �;;;c;
, 1:. .
. ,.
, � ;
.
:a .
:;�,�;. , ..
r.'`�
.�,,:
. �'-���
;,,�:•.
6.1 The licensed area and machines in the tezminal location .�t
shall be maintained in a clean, attractive and first-class manner. '
,;.
6.2 All other commercial activities are prohibited unless ,.� -
such activities have the prior written approval of the Director of • ''.
Aviation. The sale of chewing gum, baked goods, sandwiches, sundry
itema, and cigarettes is expressly prohibited.
7. 4ualitv of Service/ComDlaint Resolution/Performance Review �
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. .
7.1 Licensee acknowledges that the County has an interest in
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 complaint ,
arising from the Licensee's operations, the County shall '
immediately transmit such complaint to Licensee for resolution.
7.2 Within ten (10) business days of the receipt of the
complaint, Licensee shall provide to the Director of Aviation a
written report of the complaint and its xesolution or of Licensee's ;
attempts at resolution.
7.3 In addition, Licensee shall submit an annual report to
the Director of Aviation, on the first day of the month of the
month of May, of all complaints received by Licensee, including
those referred by County. Failure by Licensee to resolve a great t
majority of any complaints to the satisfaction of the Director ot �-�
Aviation shall be cause for termination hereof. The Director of
• Aviation shall promptly respond to complaints by the public or
submitted by the Licensee.
7,4 Licensee's employees shall be safety-conscious,
environmentally-sensitive, he2pfu2, courteous, and dressed
appropriately at all times, consistent with acceptable customer
relations practices at first-class U.S. destination resorts.
8. Reserved Riahts of County. County reserves the following
rights with respect to the Location and the uses and operations to
be conducted thereon by Licensee.
9.1 County reserves the right to 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 '
4 I
i `.. _ •
t •'
—. +
� � '
�
,�d.
,�
����
or enforcing any of County's rights hereunder. 't��;::
...,
9.2 County reserves, for the use and benefit o£ the public, -
the right of flight for the passage of aircraft in the air space �;,
above the surface 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. . ' .
9.3 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
Location which would, in the discretion of the County, limit the ;r�'
aeronautical usefulness of the Airport or constitute a hazard to ,
aviation. .
, 9.4 County reserves the right, during the time of war or '
national emezgency, to lease the Airport or any part thereof,
including the Location or any part thereof, to the United States
Government for military purposes, an@, in the event of such lease
to the United States Government for military purposes, the
provision of this License shall be suspended insofar as such
provisions may be inconsistent with the provision of the lease to
the United States Government.
_ 9.5 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,
maintenance or development of the Airport which has been or may be
required as a condition precedent to the expenditure of Federal
funds for the development, maintenance or operation of the Airport s
and, if such an agreement is entered into between the County and
' the United States Government, the provisions of this License shall
be suspended and/or automatically modified insofar as such
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.
9.6 County reserves the right to direct, in its sole
discretion, all activities of the Licensee at the Airport in the
event of an emergency.
9.7 County reserves the right to further plan, develop,
improve, remodel and/or reconfigure the Airport, including the
location, the terminal building, and existing vehic7.e and
pedestrian traffic patterns, and parking lots as County deems
5
!
� - -- .
i t.��.:
l
� ' �
a
�
.�.�._.,.:,r
'�i�,;!�.:
���''1
' ?�' ,
appropriate without interference or hindrance by the Licensee, and �!�
County shall have no liability hereunder to Licensee by reason of
any interruption to Licensee's operations on the Location �`•.
occasioned by such County activities; provided, however, that �.~�
County sha11 consult in advance with Licensee on such changea and -
if Licensee shall be unable to conduct reasonably normal seasonal ,' �
business operations on the Location by reason of any such County
activities, then the fees hereunder shall be equitably adjusted
during the period of such interruption.
9.8 The County reserves the right, in its sole discretion, to
enter into agreements for the financing or re-financing of the �?' �
airport and Licensee agrees to cooperate in providing information i
to prospective lenders and in providing estoppel certificates, if . •
so requested. •
9.9 County reserves the right to prohibit any commercial or '
non-commercial activity by any party on the Airport, which activity i
is not expressly permitted in writing.
9.10 County reserves the right to establish and enforce
reasonable rules and regulations for the conduct of activities and
uses permitted herein and also to promulgate minimum standards for
the conduct of commercial activities related hereto including,
without limitation, minimum hours of operation if the County
' determines that the needs of the traveling public are not being
met.
9.11 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.
9.12 County reserves the right to permit incidental sales of
food and snack type items by its restaurant or gift shop.
10. Acce„ptance of Location. The parties acknowledge that Licensee
has been in possession of the Location and agree that the Location
is accepted on an "as is" basis.
10.1 Use of Location. Licensee shall have the exclusive
right to use and occupy the Location solely for the purpose of
maintaining a vending machine concession location as defined
herein.
li. Coordination with other Airport Users. County and Licensee
acknowledge that each has rights and obligations arising from •
various third-party agreements with other Airport users. County
and Licensee agree to cooperate with each other 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.
6 � -
!
' �:,,
-• � , .
s
.`�
��:�.. �.,. . '
��'t�
i��`�
y*...`,�. .
County and Licensee acknowledge their respective obligations as �., '-
signatories under the following Agreements: -;�.;:, .�,
- �.
11.1 That certain Agreement for paid parking services between �:,.:�.; . �
Pitkin County and the commercial parking services licensee. . '_
11.2 Those certain Agreements for commercial ground 1"
transportation including taxis, Zimousines and buses.
11.3 Those certain agreements for on, or off-airport .
commercial car rental companies. -
11.4 Those certain agreements with the scheduled commercial �„��' _ .
,:.
airlines.
11.5 That certain Agreement between Pitkin County and the `�y�
airport restaurant licensee. �.
11.6 That certain Agreement between Pitkin County and the
airport gift shop Zicensee.
11.7 That certain Agreement between Pitkin County and the ^•'�
commercial Cerminal building advertisement/marketing licensee. � %
. 11.8 Such further and other agreements as the County may amend
or enter into from time to time in the normal operation of the �
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.
. 12. Compliance with Anolicable Laws anc3 Recrulations. In
connection with its occupancy and use of the Location and the
conduct of its operation thereon, the Licensee shall:
.�
12.1 Comply with all applicable laws, rules and regulations
of the County of Pitkin, the State of Colorado, and the United
States of America and any and all departments and agencies thereof, !
as the same may now exist or may be hereafter promulgated or
amended from time to time.
12.2 Licensee agrees it will use the premises hezein
described in accordance with all rules and regulations adopted by
the County, or its Director of Aviation, for the management, a
operation and control of the Airport, either promulgated by the ,
County or said Director of Aviation on its or his own initiative or � .
by or in compliance with regulations or actions or any Federal
agency authorized to regulate interstate flights to and from said
Airport. �
��.
12.3 Not discriminate against any person or class of persons t} '
by reason of race, color, sex, creed, religion, handicap or
7 � �
�
1'.
/ � .
. it .
,.. �
'
...�
��;��
. :;�`
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 �'
Regulations of the Office of the Secretary of Transportation, and ��
shall comply with the letter and spirit of the Colorado Anti- , _
Discrimination Act of 1957, as amended, and any other laws and '� '
regulations respecting c2iscrimination 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.
12.4 Pay promptZy a1Z taxes, excises, license fees and permit v
fees of whatever nature applicable to its operations hereunder and
to take out and keep current all 2icenses, municipal, state or _
Federal, required for the conduct of its business or the operation
or its equipment, and further agrees not to permit any of said
! taxes, excises or license fees to become delinquent.
12.5 Comply with the rules and practices as set forth in the
current Pitkin County Airport Certification Manual and Security
Plan 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 promptly to the County by the Licensee.
12.6 Conduct its commercial activities in such a way as not
to unreasonably interfere with other permitted users of the Airport
in non-exclusive areas. County shall operate the Terminal in such
a way as not to unreasonably interfere with Licensee's operations.
S
13. Licensee Reports and Books and Records� Countv's Riaht to �
� Audit
13.1 Licensee shall file the following:
, 13.1.1 At the completion of the contract yaar, Licensee
shall file a statement of annual gross receipts
reportable, includable and excludable undex this
Agreement, which report shall be prepared, signed and
certified as correct by an official of Licensee
authorized to so certify.
13.2 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
standard and accepted accounting and auditing practices. The books
oE account and records that Licensee must maintain must include,
but need not be limited to, legible, true and accurate copies of
all written and electronic records and reports kept in the normal
S '
i '
1
t
r . �`' .
� ; ...:
a
„i'
.:�
�;'
�:-:
�>
• 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 sl.ips, , �.
annual federal income tax returns, state sales tax returns and all - ti
Airport-related revenue reports submitted by Licensee to its ' .
franchisor (if applicable) and all computer and/or microfilm or •' '.;�
microfiche reproducti,ons of the above. These books and records �
shail be maintained on a current basis and shall be attainable
within a period of no more than five (5) business days from the
date of demand.
Jr-�
13.3 Licensee's financial recordkeeping and reporting system � r`.
for all business conducted on or through the Airport Location or
subject to this Agreement shall include, without limitation, the
following: -
13.3.1 Workpaper A , attached hereto as Exhibit "A��,
and made a part of this Agreement.
13.3.2 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.
' 13.4 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 shall be
conducted upon reasonable notice to Licensee and during Licensee's
normal weekday business hours. In performing such audits, County
shall be entitled to review, and Licensee shall be obligated �•"
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 useEul, relevant or necessary to determine or
verify the correct amount of reportable, includable and excludable
revenues and gross receipts enjoyed by Licensee, and the correct
amount of percentage rental owed by Licensee to the County, for the
period involved. ShouZd Licensee fail to maintain the books of
account and records required to be maintained pursuant hereto, or
should Licensee fail to deliver and permit County or its auditor to
review Licensee's books and records, and other documents and files,
as required by this subparagraph, said default is agreed by the
parties to be a material breach of this Licensee Agreement and
Licensee agrees to pay, as liquidated damages for such breach, an '
additional amount equal to eiCher fifty (50%) percent of the
payments and charges due from Licensee hereunder for the most
recent operations year for which such books of accounts and records
are available to the County; provided, however, that Licensee shall
9
� -
� �-
I
�, / -
� . �; .
, ;
9
.a�
,
.4�.�.� . . � ,.... .. . . � . . ' 1
��ta,�Y'.ti�::
y,��i�r:Y.':
g�I+'.:
F'y�
1�t�'i•.
only pay these damages for failure to keep required records if such ; �:'' '
requirements are reasonable in light of Licensee's business
practices. i�-: '
�i.
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 (2s) interest per month, calculated as ';:.?;.
provided in paragraph 3.1, on such underpayment from the time said
underpayment should have been paid to the time said underpayment is "`r
fully paid. If the amount of underpayment exceeds exactly three .
(3s? percent of the total percentage compensation that was owed by � .
Licensee to the County for the annual audit period involved,
Licensee, in addition to paying the county the underpayment owed �
and interest accrued thereon, shall within thirty (30) days notice
by the County reimburse the County for the cost of the audit not to y,
exceed Fifteen Hundred Dollars ($1,500.00) . If the audit discloses
overpayment of the percentage compensation paid to the County by
Licensee, the County shall refund the amount of overpayment to
Licensee within thirty (30) days of said audit. t,
The County shall hold alI information obtained from any such
' audit in confidence, except as may be necessary to enforce the
County's rights under this Agreement, except with respect to tax
proceedings, and except with respect to any legal requirements or '
Court Order to disclose said information.
13.5 Pzior 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°s or greater, the County shall be `
entitled to a gross receipts audit as provided hereinabove at the
sole expense of the Licensee. Normal financing for inventory,
operations, and equipment shall be exempt.
14. Fnvironmental Oualitv Im�rovement Policv
It is the policy of the Pitkin County Board of County Commissioners �
(BOCC} that Pitkin County plan for and continually reduce
environmental degradation. It is the express intention of the BOCC
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 wi11 be substantial
factors in future performance reviews and procurements. �
14.1 Licensee shall accomplish and/or comply with an Airport
Environmental Quality Improvement Plan (EQIP) as follows:
10 -
t
i '
. 1�`,
.. - ;
a .
.,�
- rr�.rrrw..�w - ............_.... .__..
s '+�
'.;��+1 .
.' .i
�....
14.1.1 Within sixty (60) days of the effective date of .
the Agreement, that date being the date of Beneficial Occupancy, �
the Licensee shall submit to the County an environmental policy ?= '
setting forth, in detail, those actions taken by the Licensee. ,'`;
Upon receipt by the County, such EQIP will be incorporated hereto s`r.� � -
as Exhibit "C", and made a part of this Agreement. '' •
14.1.2 Examples of environmental quality improvements
include, but shall not be limited to: CFC reduction, emissions
control, packaging materials, protection of the ozone, recycle of -
materials, reuse of materials, litter collection, environmental
education. The Licensee is encouraged to be creative in developing "''r' �
and implementing its own EQIP. �.��
G: .. -
14.2 The parties acknowledge that the County has adopted an ,
Airport Master Plan that provides for potential changes to the I''
Location during the term hereof. Licensee shall cooperate in the }'
implementation of said plan and will make no claim 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 available for inspection or for sale
in the office of the Director of Aviation. ;..�.
�:
15. Utilities. County shall provide electrical utilities normally
associated with a vending concession. � '
16. Maintenance and Re�air of Location. i
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 shall be
responsible for maintenance and repair of the roof, exterior walls,
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
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
County shall be responsible for such repair.
16.2 The County shall provide normal custodial services `
' (sweeping, mopping, trash collection, snow removal, etc.) to the !
common areas of main public terminal facilities. Licensee shall !
provide normal custodial services within its exclusive area and '�
shall keep its exclusive areas clean, picked-up, orderly, in a safe I•
condition and in accordance with first-class maintenance practices �r •
and in common with other users of Licensee's classification. ' I
16.3 Licensee shall not cause nor, when advised thereof by �
the County, permit any dangerous or hazardous condition or nuisance �,
to exist related to the use and occupancy granted herein. �j
t. �
11 ' ' � --
�, �
,
, ,.1`.
i `".'
-. .
s
:i
�rrn.,��.�� �_ _ _
'.. -
> �� . . . � . . � . . -. . . .�,,._..� _.�-_.;L . . ._. . . : . � �
`��'�.,iti..
>��,�.*�.i.�:�'�
���F•...�r'--.
t.. t
W' ,
�_`,;
16.4 Licensee shall not place any displays, signs, a•� �
advertising or brochures upon the Location, except of such design, i•
content and structure as shall be approved by the Director of •y�; .'.
Aviation, provided that such approval shall not be unreasonably . '•
withheld. Any sign permitted by County shall, in addition, at all
times comply with applicable Airport policies, rules and f.�
regulations.
17. Licensee's Personal Propertv/Trademarks. All personal
property, equipment, furnishings, decorations and trade fixtures ' r''
placed upon the Location by Licensee shall be at Licensee's sole k..;
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. �I•
Licensee represents that it is (and will be for the entire term i��
hereof) the owner of or fully authorized to use any and all i
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 f�
the County, its officers, employees, agents and representatives �j'
�l�..
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 j
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.
18. Destruction of Buildings and bther Improvements. If the
buildings and other improvements located upon the Location shall be
- rendered untenantable by fire or other casualty, County shall, at
County's cost (sutaject to and secondary to Licensee's obligation,
if any, to provide fire and casualty insurance for the Location, as ,:{
provided below) , restore and repair the same to tenantable
condition as speedily as possible and the rent sha11 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
shall be no abatement of rent if such fire or other casualty shall
be caused by the intentional acts or negligent acts or omissions of
Licensee, its agents, employees, invitees or licensees.
Notwithstanding the foregoing, County shall not be obligated to +
expend in the restoration and repair of any buildings or other `.
improvements so damaged by fire or other casualty in excess of the f, .
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 unless Licensee shall agree i�
to contribute to the costs of such restorations and repair in an ,;} ..
amount equal to such deficiency.
?, � -_
12
� .
�'
I•. . '
� � 1
' � � I .
, _
,;
s�;< „.;:�,
�:�':��.�.i�.'.
��•'"�`�:.!•
�:'•1',•
�:� '..
. �;.'..�..�1.�����•.
19. Indemnitv and Insurance. ��' "
, t
;s�
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 _
and hold 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
compensation in any form or kind whatsoever for any bodily injury, `'= r `
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, or for any resulting liability alleged to �+ '
accrue against the County on 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 i;.
arising from the sole negligence or intentional acts of the County �;�
or its employees. n
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 hereunder 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. i
19.3 To fund this indemnity, in whole or in part, the
Licensee 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 (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 ,;
omissions. The following insurance coverage, at or above the -
limits indicated and including such endorsements as are indicated
by an "X", are required: i
19.3.1 Statutory Workman's Compensation --
Colorado statutorv minimums
19.3.2 Commercial General Liability -- Policy Limits:
Bodily Injury/Property Damage Combined Single +
Limit of $1,000.000; Deductible: No greater j.
than $1,000; � •
Endorsements: '
X Comprehensive Form (All Risks) �i.
X Location/Operations
X Products/Completed Operations � �
X Broad Form Blanket Contractual C �
(Hold Harmless Coverage) ;S'f -
13 ��� �i, -
,a
1:
/ ��_, .
.� �
a
;.�a '
-;�
� t {...
}
19.3.3 Comprehensive Motor Vehicle Liability �,, :
Insurance: ��'�` �
�; 7:-;
Bodily Injury - S10d 000/each person '� `= . '
3300.o00/each accident :.�;.� .,;
Property Damage - $50.000/each accident ;: .�.
Endorsements: �"��'..;~
X Any Auto �,
X AI1 Owned Autos �:�`.:
X Hired Autos
X Non-owned Autos ��
.j;':`:.
19.3.4 Special Coverages: _:, .
X Loss of Use Insurance r �
$ 25.000 �'�'
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 o� operations affecting the Caunty. 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 Insurance sha21 contain a `�'
• provision that coverage afforded under the policies will not be �
canceled or materially altered unless at 7.east 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 Director of Aviation) . (For purposes of this
provision, "materially altered° shall mean a change affecting the
coverages required herein, including a change to policy Iimits as
_ set out in the then-current policy declarations page.) ;;,.,
19.5 In addition, tliese Certificates of Insurance shall
' contain the following clauses:
19.5.1 The clause "other insurance pzovisions," in a
policy in which the County of Pitkin is named as an
, insured, shall not apply to the County of Pitkin.
19.5.2 The insurance companies issuing the poZicy or
policies shall have no recourse against the County of
Pitkin for payment of any premiums or for assessments
under any form of policy.
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 shali be: "a21 operations �
and areas on the Aspen/Pitkin County Airport conducted by
or used and occupied by Licensee."
14
1
/ � a� ...
� � -
2ti�..
� `';;. .
{
� ,
.
;:�. ';'
:., ,
r.��
��M
19,6 Certificates of Insurance for all insurance policies T;:.'� '
shall be delivered to the Director of Aviation at least fifteen -
(15) days prior to a policy's expiration date except for any policy ` +:,
expixing on the expiration date of the Agreement or thereafter. z,
19.7 County shall procure fire and extended coverage ' . '• .
insurance and boiler insurance covering the buildings on the
Location £or 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.
'.Y, _.
20. Rights of Seizure. County shall not be liable in any respect ,
to Licensee in the event of any seizure of all or any part of the ,
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 �
that such seizure shall interfere with Licensee's ability to
conduct its business upon the Location.
21. Holdover. If licensee remains in possession and use of the
Location aEter the expiration or termination of this term, the
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
contained herein, or as new fees and charges may be established,
amended or terminated by the Airport upon ten (10) days notice.
Such new fees an@ charges which may be established during the term
of the holdover will not exceed the highest bid amount, if bids are
solicited and received, during the holdover. ��
' 22. Assiqnment. Licensee shall not, voluntarily or by operation
of 2aw, assign, convey or transfer this License, any of Licensee's
interest in this License or any rights and obligations hereunder;
or sublicense the Location or any part thereof; or assign, convey
or transfer a controlling interest in Licensee's business entity,
without the prior written consent of County, which consent shall
� not be unreasonably withheld; provided, howevez, that Licensee
shall be required to provide evidence satisfactory to County of the
; successful business experience and financial stability of
! Assignee/Transferee, and audit of and full payment of all costs,
Fees and charges to the date of assignment/conveyance/transfer and
proof of compliance of the assignment/conveyance/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 prohibit Licensee from granting security
interests in its personal property, fixtures, or related assets,
which security interests may be granted without prior consent of
the County or the Director of Aviation.
15
� --
°:�:_--..
. �;,�
� � �
.
,
•�{•L. Y '
7!� �:? .
r!",�tS;" . -.
�..[,.
23. No Third Parties. This License and Use Agreement does not and
shall not be deemed or construed to confer upon or grant to any i}� .�;
� third party or parties, except to parties to whom Licensee may �.
assign this Agreement in accordance with the specific written ly.•�; ,
permission of the Director of Aviation, and excepting any successor "+.
to the County, any rights to claim @amages or to bring any suit,
action or other proceeding against either the County or Licensee 1-'
because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained. f".:,,
24. Relationship of Parties. It is the intent and agreement of �`:.��'
the County and the Company that they shall have Che relationship �.; .
respectively qf Licensor/Licensee and Permittor/Permittee F .
hereunder, and nothing contained herein shall be deemed or �
construed to constitute the parties as partners or joint venturers, '
and in no event shall CounCy be liable for any loss which may �
result from the operations of Licensee upon the Location or for any
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. �
In addition, County shall not be liable in any manner to the ��`�
Licensee for any damages the Licensee may incur due to the �%:
inability of the County to deliver possession of the Location, or '+
any part thereot, to the Licensee for reasons beyond the reasonable
control of the County. j
25. Non-Liabilitv of Countv's Aaents and Em�l�ees. 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 Termination. If Licensee shall default in the
paycrtent 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 an@ shall not cure such
monetary default within ten (10) 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 F
such oCher deEault within ten (10) days after written notice from
County specifying such default (or within three (3) business days
if the 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
of an unapproved (by County) assignment, transfer or conveyance of
Licensee's interest as define@ 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 demonstrates 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
16
1
� 4,.:.::,::
�
{
. •
,
-�;-;:;� ,
, . .
�.�•
insurance coverage and monetary default? the County shall grant �•. ?!';C•
additional reasonable time necessary to cure default not to exceed �� ''_
thirty (30) days. Upon termination o£ this License, County may re- ' '
enter the Location and remove all persons and property therefrom, ��-"` �••
using all necessary force to do so, and sha11 have such other ��' .~�
rights and remedies as may be provided for by law or in equity, ':'� �':•;,
including damages. In the event of any such deEault by Licensee,
County shall be entitled to recover its costs, including a �:'�:
reasonable attorney fee, in all proceedings in connection
therewith.
f�-
27. Surrender of Location. Upon expiration or termination of this
License, Licensee immediately shall surrender the Location to �'r
County in good condition and repair, ordinary wear and usage ���
excepted; and Licensee shall remove all personal property, trade E: - -
£ixtures, equipment or improvements then owned by Licensee and .
rertovable by prior agreement with County from the Location and
shall repair any damage to the Location caused by such removal. �
Any personal property of Licensee, or anyone claiming under
License, which shall remain upon the Location at the expiration or
termination of this License shall be deemed to have been abandoned
and may be retained by County as County's property or disposed of '�
by County in such a manner as County sees fit without compensation �r•
e
to any party.
28. Notices. All notices required or authorized to be given
hereunder shall be in writing and shall be served upon the party
entitled thereto by certified mail, return receipt requested,
addressed to such party at its address appearing on the signature
page of this License (with a copy delivered to its Airport
Location) , or at such other address as either party may so notify � ,
� the other party of in writing. Any such notice shall be deemed to �''�
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
fully prepaid, as aforesaid.
29. ReDresentations of Licensee. Licensee represents and warrants
to County as follows:
29.1 Licensee, and those individuals executing this License
on behalf of Licensee, represent and warrant that they are familiar
with Section 18-5-301, et se , of the Colorado Revised Statutes
(Bribery and Corrupt Influences) and Section ZS-8-401, et sea. of
the Colorado Revised Statutes (Abuse of Public Office? and that no
violations of the provisions thereof are present.
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
bene£icial interest whatsoever in the License or in the business to
be conducted upon the Location by the Licensee.
17
I
� ,
.-. 1"
� ,
• '
..�
:.i`•. ., .. . .. � � '
�: ..
. ,y���p�•„...f<::
�r
fF-�a•,�;
30. General Provisions a%
30.1 This License contains the entire agreement of the �, .�.
parties and there have been no promises, representations or ti
agreements, either express or implied, except as expressly set •
forth herein. Any and all prior agreements or understanding ',r` �.;~
between the parties are expressly agreed to have merged herein. •.
30.2 The provisions of this License shall be severable and
the invalidity of any provision hereof shall not affect the -
validity of any other provision hereof.
3o.3 This License may be modified or amended or supplemented •'r
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 a11 matters affecting material terms of
this Agreement, including term, fees and charges and use of
Location by Licensee, shall only be modified or amended by a F
writing approved by a Resolution of the Board of County .
Commissioners at a duly-noticed public meeting.
30.4 The failure of either party hereto to exercise any right 1
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 oE any other right or remedy hereunder. No waiver by either
party of any righC or remedy hereunder shall be effective unless in
writing signed by the party.
30.5 The parties agree that this Agreement was negotiated and
drafted by the mutual efforts of the parties hereto and agree that `
. no legal presumption sha11 arise as a result of the identity of the #��
drafter of this Agreement or any presumed unequal status arising
therefrom.
30.6 If either party hereto shall institute legal proceedings
to protect or enforce any of its rights or remedies hereunder, then
the party prevailing in such legal proceedings shall be entitled to
recover all of its costs in connection therewith, including a
reasonable attorney's fee.
30.7 This License shall be governed by and construed in
accordance with the laws of the State of Colorado and venue is
agreed to be exclusively in the courts of Pitkin County, Colorado.
30.8 This License shall be binding upon and shall inure to
the benefit of the parties hereto and their respective heirs, '
successors and assigns. "
30.9 This License shall be executed in duplicate originals,
with one original to be held by each party.
18
-_
,I
�
i
� ' '.r."
`. �
� � .
�
����9�
�t '�,`i
�y t ,
��'`,'��t��"'.�
31. Authoritv of Licensee's Representative. As an inducement to �:.�,;r ::.
the County to execute this agreement, the undersigned ,•' �'
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 `� 1-
relying on this representation, authorization and execution. ��•�r�';.�,
l`•
t:;.
_,.cr.- .
;k,
, :
.-
�:��.
�,.
- .�
1
}.
c
<u
+'%.
I i'
�
� .
�'..
19 ;
i ` � --
�. �
_.. � . �,��
� '.'-��
� + '
, .
� '
':�s
:,i
��� �N��.
4r`w� _
�x;`��<�.�-';;..
COUNTY: LICENSEE: y; ',.:
THE BOARD OF COUNTY COMMISSIONERS SOPRIS VENDING SERVICES 3•�= `.,
OF PITKIN COUNTY, COLO • 1�
..y�`,�'•�-
:�,
By: r By: � �S j:�.:
�amzs-P�'` rue Che Peterson
Chairman �'
..�:.,.
3-��-��C� �k��
Date Date '�,i. I , -
Y
ATTEST: ATTEST: rti;1 ,
i tYr
' 1��� �r,� �'
y.�
j...';-
Pit}�in County C erk Cor ate Secretary
�� Seal ��'
'j
�ountv' Address: Licensee's Address:
c/o County Manager For receipt of mailed
506 East Main Street notices hereunder:
Aspen, Colorado 81611 SG�-�},�� �(�
. cc: Director of Aviation > >�
0233 E. Airport Road, Suite A
Aspen, Colorado 81611
.�
; /-Ja���,.�� 7-�o.SE� !
���r
�
t .
,
�.
��c
�i� •.
20 � ' ;�-_
'�
� � � 1 . � . . . .�;:.
i `„
�
� r
�
;...x`
x-- ', •
-,,
���,k
�f�x4�
. �.i::
RECOMMENDED FOR APPROVAL:
, .�
S s29 �6 .�,�
Suz e Koncl an te � �.
' Coun Manager f.:
�:�..'.?�
�-ccaf-; C,(_, `>-�J�i(P i t,r_4•.
Scott Smi� Date
Director of Aviation
APPROVED AS TO FORM:
�1.�1��-- �/,�X/9 ;
' '�� Date � �7'
�;5;•.,��„�'County Attorney �
I
� � -��� 5•24•9 �
Hilar mith Date '
Count Risk Manager
, �,'_`K
APPROVED AS TO BUDGET:
. .f'
/�.�y,� L�iY�v� S-a9-96
Thomas Oken Date
� Administrative Services Director i
' Attachments• j
i
�
Exhibit A - Workpaper example •
Exhibit B - Vending machine area diagram
Exhibit C - EQUIP Policy statement
c:\wp57\work\vending.010 ' '
r ' •
t
' ..
1
21 �y� �
I
i.
i '..
. ,,�
1
.-, + ':
•
�:Y� � •
.../
♦ �� . . .. .; � �.:-` ,�'. � �'
..�,,� . . .. .. . � . .. � . . " � �. !, - ../ . ..�..�.�_i:'�c..1._.::,.�..w..�e t_'v�.1�',a.wA�..:...e........... �u�..
�i�.
iitf' .
��'••
��.a:.
WORKPAPER A 1.
SOPRIS VENDING `'
�.�: .
MONTHL;Y REVENUE REPORT , .
i'OR , 19
(Month) '%�
COMMISSIONABLE SALES "
Sales x.20%
Balance Due
�
I '-
�.
�
Y
� ..
/ . . . . . . . . . . . . � .. . I . je.gl:.?� .
1
\
r
t
��" .
,,_ '
•:.I
_� , .. .. . /. .��� ' :
...., ' .. _ ,t s r�.��a�,�a`�a���'.4,,•'���:����;.�.
!4�
' I ' i�� : } . • � r � .
'I I _�J I. F ' 1 ��� � `.
� E - � � �j�.�.
1 � I •� • � ,-� b:. f�: 3 x` 2�j�; , �r
} r��r^ ." > �'
h .� �°' . �. �/� � � �
��,� y �� � � � :
_�.;: :�� � /`,`�
J Y w ss �
:1 ��'. �}g�.M a}�y , p�7 S .'x`c.�g.�.
. ;� �O. '' ,q,K r s �t- � �w z C't°C � � .
�.�I � . • _. �� K.c�,E�� T /.y�„�� S, � 1 ��_,.'
•\''r .. [ A .�� ��9'Z � S✓ T :x�N{ � \ .
; . . . E �t r�i A�c"� t�����E^ �2 P" h � r :S y,/� � .
_.d'- .1 1 � ra��. ,�s�..�Y�k eµ_C��'€,»�'e`4'�"��sc��S'E'u�.'✓.��{r ...7��,ca•�� � :Y. -
: i ; ' • ��a�~ _ ..�`ti -. "'�x,�,"�.�'xy'� �, "t�:': k� �:� �^��^�� . .
.. r , r��,w,�+��'�n.�
/ i;•�� - ��'"_ � £ �`: -�,, �,�e��s���' � ,
-,C;; _, � ,� � '�-� f `` 8�x 'c'�'� �` l'�" �7"y�� .
_ �! .� ��z� �� �L� � � ��":,����`:��*k�`;�x�;;���;
�f}y � .,� �;
+ . �" . . „+���� f R�v�`r tZ� �,a�c .�,�"���w'�ti y ���:
Q . .. . ... 7 i �y.�4 ZC'"'s �',�`� ��w+7�.:
__ • _ � 3::k�i,^�S�T �� � '� ��� �
_._._._ E �:��� A ��
� '
_._ _" . �e'� .! �5.� �d� kV.j' � -.� ;��������R`
I -� �I�a,a.��a � �:.S �;tw � n�
,� I ' . . S" ��i a -�'^�& � �i��'�' ,
_J_ 1 � .._ �., ` ��i Y i, �Y� �� d� , bE.'S� 'x..%
\
— '"' '' "—' � � �L���
. _ � � ,� ;
�_._ -- � ,� � �� �
� -
y — \ `� ��:�� #�,���'�� `� �� < ��`
i_I.. • . � na s
_i . • �- , �'. �� N ��
. . .. , .8 0 . . . . . ���''�:�i��' ��i � ra i�
�..,`' � . � • • __ .. R{
.� - .�� • ....._ _ . _....._ _....._ y��C.�{ Fr F�'���� ;v��.
. ' _ \ • - � ..�... . _ .......� �� �-�2aE�sa�_� Yr p������ .-'tiC�'�
� �L ' ` �'........ . . .�. '*ny`X«S>-�t x3�a' ,. ;
. .._. . ....�. .•
� �� ...�
r, :.�. i �'" a Y�, � �+� �s���� ,k ,,:��.
� . . . . ..__........ �' � s�: «� (
C f ,�.
� �, ���m.
� '�: _ �� .; `���qSR.3� .��:
.O �����'�i� � "4'd
�- . . �J �: [` :M �7'���.,�£",� "i. �x�
. _��� 1•� � � �t� � ' � .
•i ��x� ��
;�1�i� O . ���d � �t � .
. . �.�. . . . S.� . '6�
� ..i� � `� .x& �_�m`�
x
� ����s# y � '.
,.. � �l._. . . �� � :�.e s ��� �::
.. . . _. � 1 T '��'a�X�"s
] . e y,�.�,.�..
. . . _. .�'�(..' • , �� � s y �., �.>�,y,s,�'.
` ��� . . . . �.�... ;_ '�'. i. ... l ' � `�°'�C_ :
..� : . : �_i i - t � a' �
�� . . � ; €.� s � ,
�,:�. � : :�: � :� . : ; � - � � _
, <:�� , �: �� � i � �,
,�' � a , : � .� ' . ' , ' s� A
.��'• ° >;� c � . .fl � � � �}: r ' -
9'�'� � }�.f� . I � E'��YI �..
. . a�s,.,��'t> . . . "��° ; i
, • � =yF , ' - �r �
t5 � �
• � .. ._ , �
.�`�\ a � ' ' �--
� �
e
�
� _. . �.�.,�,
;=.� , . .. . . ,,-. . :u ,�,
,
. „.:..
' ' �r�..
VENDING AGREEME1vT
1996--1999 �
::; .
TABLE OF CONTENTS
Page .
A. Granting of License
1. Term.....................................................................:................................... � . -
� Z. Renewal.................................................................................................... 2
� 3. Fees/Payments/Security........................................................................... 2
4. Vendin�Machine Area and Use.............................................................. 3 ,:
5. Hours of Operation.................................................................................. 3
6. Le��el of Service..............................................:........................................ 3
' 7. Quality of Service/Complaint Resolution................................................ 4
8. Performance Review...................:............................................................ 4
9. Reserved Rights of County...................................................................... 4
10. Acceptance/Use of Location................:...............•••................................. 6
1 l. Coordination���ith other Airport Users.................................................... 6
l2. Compliance with Applicable Laws and P�egulations...................:........... 7
I 3.. Reports and Records................................................................................. 8
l4. EQIP Policy............................................................................................... 10
� 15. Maintenance and Repair of Location........................................................ 11
16. Licensee's Personal Property/Trademarks................................................ 12
l7. Indemnity and Insurance.............................••••........................................... 13
, l8. Holdover/Assijmnent................................................................................. 15
, B. General Provisions 1g
C:IWOROIVENDING.DOC
'.
i , t, .
. + .
• _
:i'�r •
{.:.: '.
. �
s�.,;i:
;� `
�;rl��•'.
AN ORDINANCE OF THE BOARD OF COUNTY CONA4ISSIONERS `�` ''
a
� OF PITKIN COUNTY, COLORADO, '
APPROVING A LICENSE AND USE AGREEMENT FOR ��,
THE AIRPORT VENDING MACHINE CONCESSION '�•
(1996-1999)
; •�
Ordinance No. 1996 - �
1. WHEREAS Pitkin County, a Colorado home-rule county, is the
owner, sponsor and operator of the Aspen/Pitkin County Airport
(Sardy Field) , located in the vicinity of Aspen, Colorado, and has
the authority to regulate commercial activities and to lease and :Y' �
license space at the Airport, pursuant to, inter alia, 1973 C.R.S. t�
41-4-101 et se ., 30-35-202, Title IV of the Pitkin County Code, .
and Section 8.7 of the Pitkin County Home Rule Charter; and ,
2. WHEREAS, Ms. Cheryl Peterson, d/b/a Sopris Vending Services, �
having produced adequate business and financial references to ,
demonstrate her rbility to fulfill the rights and obligations as
s=_t forth in the Agreement; and
3. WFiEREAS, The County finds it in the best interests of the
travelling public, residents and guests of the County to encourage
tenant spaces at the airport to be filled with operating
businesses;
. THEREFORE, BE IT ORDAINID BY THE BOARD OF COIINTY COMMISSIONE:RS OF
PITKIN COUNPY, COLORADO:
Section 1.
That the License & Use Agreement, which is attached hereto as �,s
Exhibit "A" and is incorporated herein by this reference, is hereby
. approved and adopted according to the stated terms and conditions.
Section 2. ;
That the Chair (or Vice-Chair) of the Board of County Commissioners
is hereby authorized and directed to execute on behalf of the
. County the subject Agreement and any other documents necessary to �
accomplish the transactions that have been approved as to form by
the County Attorney.
Section 3.
That a copy of this Ordinance, including all Exhibits, shall be
kept for 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 Airport Road,
Suite A, Aspen, Colorado 81611. �
5
�', �
. 1-I
i �i,
.�!lRRV?.^,ti+'tee@^>�\ .. . . . . . . � .. -.-sR., -mcn.. __ .c. v ..._.. r... -. . . , . .� .. •'_ �.:(•-^ . ...:"".R.'"- .
/ .
,''
. , .
e
d' ,
�
��
� *Y u
� Y-:.
rpY�
Sgction 4. ,�"�..-',. .i�'.:•,
That a public Hearing on this Ordinance shall be duly-noticed and ?'� `= ,
held as provided by law.
;Y� '1
Y� M1,.
�ection 5. "
'y ' ,.a.
That this Ordinance may be published by title and short outline
only after adoption. �'`�:
INTRODUCED, FIRST READ A1QD 3ET FOR PIIBLIC F3EARING AT THE REGULAR _
' MEETING ON THE 12TIi DAY OF JIINE, 1996. _.
PIISLICATION OF ORDINANCE IN FULL AND NOTICE OF PIIBLIC HfiARZNG MADE �� r. �
� IN TFiE ASPEN TIMES WEEKLY ON THE 14TFi AI3D 215T DAYS OF JIINE, 1996. k'�
�_ , .
APPROVED AND ADOPTED AFTER SECOND I2EADZNG AND PiJBLIC IiEARING ON THE ��. . `
lOTH DAY OF JVLY, 1996. !;�
PUSLISHED AFTER ADOPTION SY TITLE AND SHORT OIITLINE IN THE ASPEN �;.�'
TIMES WEEICLY ON THE 19TH DAY OF JULY, 1996.
ATTEST BOARD OF COUNTY CONINIISSIONERS i:y�
OF PITKIN COUNTY, COLORADO '
�— ���.
a.---'v �.�i�-�- .�
' By: < �
Jea tte Jones (date) James True (date) �
De ty Clerk & corder Chairman
.�
+1
,
E•
�� .
jt,�
f 1:;
�ij ,
t "
x 1
�
�--�.�arzq.«!n:±o��.-u-��rirte;�^?+r..,.z^:-�s-_+.�-o..�-�...t-..-�...,�..rr.».•-.�r.r•,•�.---.. :.�--.--. ,..w,�v.e�..s.mr^�+c.R;r+�,T,c�T'T''f?�'."i;;: �
' - . . .. / . . . � '•$;;�. �
/
. '1'.
� �
t
�z' .
+
.. ,
_:;;;: ,.,, ,. ...
. ��;��.:
�''';.:�'�..
a.�.���.:.1,.
• MANAGER APPROVAL: APPROVED AS TO FORM: :. i..
,.�,
r
ti�
-�o� e Konchan John^ �' �:;r
ounty Manager Co ttorney �.
APPROVED AS TO BUDGET: s.;;
� / ������� . �r� ��� �'r� . .
Tom Oken Hilary ith '
Administrative Services Risk Manager •
s.���-E. ��,(
Scott E. Smith
Director of Aviation �'
r.
�,�
j.
j ' . '
� �
I �
(
' ` __
. ; �
,..T.c�.r;.eea,.�:�}•sr;'SR`;�...., .. .... .. -'C'--'n�:' ..-r:T--�r �,�::T.Rim,T:r.'��- �o7;x.v �n"7^v'R"'tr�rS.�r��.�. �
/ , '
� �
t .
c.T.'�•i�' •
�-
�::J