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HomeMy WebLinkAboutbocc.ord.021.2024 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN EXTENSION TO AN AGREEMENT WITH ALL STAR MEDIA FOR ADVERTISING SERVICES AT THE ASPEN/PITKIN COUNTY AIRPORT ORDINANCE NO. 021-2024 RECITALS WHEREAS: Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (“BOCC”) of Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary, and; WHEREAS: Pursuant to Section 2.8.1 of the Home Rule Charter (“HRC”), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended, and; WHEREAS: All Star Media is engaged in the business of airport advertising and desires to occupy and use some of the area and facilities of the Airport for that purpose, and; WHEREAS: County and All Star Media entered into an agreement (Contract No. 021-2021) with All Star Media Services, Inc. for an airport advertising operator at the Airport, the term which runs through July 31, 2024, and; WHEREAS: Since July 31, 2024, All Star Media has been operating on a month to month basis pursuant to the terms and conditions of the agreement, including the payment of MAG in the monthly amount payable for the final year of the term, and; WHEREAS: With the extension of the agreement it will allow All Star Media to operate in the existing terminal and make the investments they need to be to be a successful operator for airport visitors and the community. This will also provide the airport with a continued and guaranteed revenue until such time a new terminal is constructed, and; WHEREAS: The BOCC wishes to enter into an amended agreement (attached hereto as Exhibit A) with All Star Media to extend the contract for a period of (3) years commencing on December 1, 2024 with an option for the BOCC to extend an additional two (2) years, and; WHEREAS: Except as the term is extended by this First Amendment, the County and All Star Media agree to continue to abide by all terms of the contract, and; WHEREAS: The BOCC finds that adoption of this ordinance is in the best interest of the citizens and the visitors to Pitkin County. Ordinance No. 021-2024 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Ordinance Approving an Extension to an Agreement with All Star Media for Advertising Services at the Aspen/Pitkin County Airport and authorizes the Chair or the Chair’s designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. INTRODUCED AND FIRST READ ON THE 6TH DAY OF NOVEMBER, 2024 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 20TH DAY OF NOVEMBER 2024. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 7TH DAY OF NOVEMBER, 2024. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 7TH DAY OF NOVEMBER 2024. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 20TH DAY OF NOVEMBER 2024. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ), AFTER ADOPTION, ON THE 28TH DAY OF NOVEMBER, 2024. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 28TH DAY OF NOVEMBER, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Sam Engen Greg Poschman, Chair Clerk to the Board Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ Richard Neiley, III Jon Peacock, County Manager Interim County Attorney Nov-25-2024 FIRST AMENDMENT TO ADVERTISING AGREEMENT (Aspen/Pitkin County Airport) THIS FIRST AMENDMENT TO THE ALL-STAR MEDIA SERVICES ADVERTISING AGREEMENT, LICENSE AND USE AGREEMENT (hereinafter “First Amendment”), effective as of December 1, 2024 is entered into by and between THE BOARD OF COUNTY COMMIMSISONERS OF PITKIN COUNTY, COLORADO (“County”) and ALL STAR MEDIA SERVICES INC., a Colorado Corporation (“All Star”). County and All Star are sometimes collectively referred to herein as the “Parties”. RECITALS WHEREAS, All Star is engaged in the business of airport advertising and desires to occupy and use some of the areas and facilities of the Airport for that purpose; and WHEREAS, County and All Star entered into Pitkin County Contract No. 021.2021 (the Contract) whereby the BOCC entered into an advertising agreement with All Star Media Services, Inc. for an airport advertising operator at the Airport; the term of which runs through July 31, 2025; and WHEREAS, the Parties mutually desire to extend the term of the Contract by entering into this First Amendment. All other terms, provisions, and obligations shall remain in effect and be extended pursuant to this First Amendment. AGREEMENT NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. TERM OF CONTRACT: The Contract shall be extended for a period of three (3) years commencing December 1, 2024 and expiring on November 30, 2027. All Star shall have one option to extend the lease for a period of two (2) years upon the following terms: (1) All Star provides notice of its intent to exercise the option thirty (30) days prior to the expiration of the terms stated above; (2) at the time All Star exercises the option, it is not currently in breach nor has it had any prior breach of the Contract or the First Amendment; and (3) the premises have not been destroyed or altered due to the construction of a new or remodeled Airport terminal. The County may terminate the Contract and the First Amendment, at its sole discretion, in the event that it desires to remodel or replace the terminal at the Airport during the extended term. 2. LIMITED MODIFICATION OF LEASE; SCOPE: Except as the term is extended by this First Amendment, the County and All Star agree to continue to abide by all terms of the Contract. 3. FULL FORCE AND EFFECT: In all other respects, the Lease is in full force and effect and remains unchanged by this First Amendment. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Advertising Agreement to be effective as of the Effective Date first written above. Board of County Commissioners of Pitkin County, Colorado __________________________________ Greg Poshman, Chair Date All Star Media Services, Inc. __________________________________ Dave Starensier, President Date APPROVED AS TO FORM: __________________________________ Richard Neiley, Date Interim County Attorney Nov-22-2024 Dec-18-2024Dec-18-2024