HomeMy WebLinkAboutbocc.res.184.1999A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVING AMENDMENT #2 TO THE
LICENSE AND USE AGREEMENT FOOD/BEVERAGE SERVICE
BETWEEN ST. CLAIR DEVELOPMENT CORPORATION
d.b.a. CREATIVE CROISSANTS
AND THE ASPEN/PITKIN COUNTY AIRPORT
Resolution # /r y , Series of 1999
RECITALS
1. 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 license
space at the Airport. Pursuant to, inter alia, 1973 C.R.S. 41-4-101 et seq., 30-35-202, Title IV of the Pitkin County Code, and
Section 8.7 of the Pitkin County Home Rule Charter; and
2. St. Clair Development Corporation, d.b.a. Creative Croissants ("Licensee") is the operator of the food and beverage
concession at the Aspen/Pitkin County Airport ("the Airport") pursuant to a License and Use Agreement ("Agreement") dated April
28, 1994 with a term expiring on September 30, 1999, and pursuant to an Amendment to the License and Use Agreement dated
November 4, 1999; and
3. The County has not had success in three separate competitive procurement processes in obtaining sufficient proposers to
create a competitive environment to the selection process, and the County estimates that an additional forty-five (45) days is needed
to complete a fourth competitive procurement action, and;
4. Pitkin County and Licensee mutually desire to amend the License and Use Agreement as follows:
A. The Term of the Agreement shall be extended from October 1, 1999 to 10:00 p.m. on November 15, 1999.
B. The Minimum Annual Guarantee (MAG) for the period of October 1, 1999 to November 15, 1999 shall be zero
dollars ($0.00).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, THAT:
Section 1
That the Amendment #2 to the Food/Beverage Service License and Use Agreement and the Aspen/Pitkin County Airport
(Exhibit "A") is hereby approved and accepted according to its terms and conditions.
Section 2
The Chair (or Vice -Chair) of the Board of County Commissioners is hereby authorized and directed to execute on behalf of
the County this Resolution and the subject documents to accomplish the transactions that have been approved as to form by the
County Manager and County Attorney.
Section 3
A true and corrected copy of the Contract Agreement (Exhibit "A") shall be kept available for public inspection during
normal business hours in the office of the Pitkin County Clerk and Recorder, Pitkin County Courthouse, 530 E. Main, Aspen,
Colorado 81611, and the office of the Director of Aviation, 0233 E. Airport Road, Suite A, Aspen, Colorado 81611.
Section 4
That a true and correct copy of the Amendment (Exhibit "A") shall be available for public inspection between the date of
first reading and the public hearing thereon during County business hours in the office of the Director of Aviation, 0233 E. Airport
Road, Suite A., Aspen, CO 81611.
Section 5
That a public hearing on this Resolution shall be held at 2:00 p.m., local time, or as soon thereafter as the conduct of
business will allow, on October 27, 1999, in a location identified by a notice in the Pitkin County Courthouse, Aspen, Colorado.
Section 6
That this Resolution shall be published prior to and after adoption in full, but without exhibits.
INTRODUCED, FIRST READ (by title only), ACCEPTED BY A MAJORITY OF THE BOARD AND SET FOR PUBLIC
HEARING AT A PUBLIC MEETING ON THE 13th DAY OF October, 1999 .
NOTICE OF PUBLIC HEARING, INCLUDING THE TEXT OF THE FULL RESOLUTION (without exhibits) THE ASPEN
TIMES ON THE 16th DAY OF October, 1999.
FINALLY ADOPTED, UPON SECOND READING AND AFTER A DULY -NOTICED PUBLIC HEARING BY A MAJORITY
OF THE BOARD AT A PUBLIC MEETING ON THE DAY OF 1999 .
3-Q1 f rit1-
PUBLISHED (without exhibits) AFTER FINAL ADOPTION IN THE ASPEN TIMES ON THE 6th DAY OF November, 1999.
A t:
Jean: e Jones, Deputy C j and Recorder
Date
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
II-aa-9q 1C40. l0) 1cl99
Date
APPROVED AS TO FORM:
John Ely, County At
RECOMMENDED FOR APPROV L:
David Goron, erim Airpo M . .'_ er
MANAGER APPROVAL:
G!3
Tom Oken, Director of Administrative Services
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2
CONTRACT it_ I /9i
AMENDMENT #2 TO THE
LICENSE AND USE AGREEMENT
FOOD/BEVERAGE SERVICE
BETWEEN ST. CLAIR DEVELOPMENT/d.b.a. CREATIVE CROISSANTS
AND ASPEN/PITKIN COUNTY AIRPORT
This Amendment, made as of the date last below signed, is by and between the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO ("County"), a Colorado home -rule County as
Lessor/Permittor, and ST. CLAIR DEVELOPMENT, d.b.a. CREATIVE CROISSANTS, ("Licensee"), a
California corporation, as Lessee/Permittee.
RECITALS
1. The County is the owner, operator and FAA sponsor of the Aspen/Pitkin County Airport (Sardy Field),
located in Pitkin County in the vicinity of Aspen, Colorado (hereinafter the "Airport"), at which it has made
available certain land areas and facilities for and in support of commercial aeronautical activity including public
airfield facilities, an airline terminal and related airline facilities, and a general aviation terminal and related
general aviation and fixed -base operator facilities; and
2. The Licensee is operating the food and beverage concession at the Airport pursuant to a License and Use
Agreement ("Agreement") dated April 28, 1994 with a term expiring on September 30, 1999, and pursuant to an
Amendment to the License and Use Agreement dated November 4, 1998; and
3. The Licensee shall pay a Minimum Annual Guarantee (MAG) for the operational year October 1, 1998 to
September 30, 1999 of $107,661.70 as provided in the Amendment to the Agreement.
Now therefore, in consideration of the mutual covenants, terms and conditions herein, the parties hereto
agree as follows:
A. The term of the Agreement shall be extended from October 1, 1999 to November 15, 1999, and shall
expire at 10:00 p.m. on November 15, 1999.
B. The Minimum Annual Guarantee (MAG) for the period of October 1, 1999 to November 15, 1999 shall
be zero dollars ($0.00).
C. All other terms and conditions of the Agreement will remain in effect and in full force.
Date
In witness whereof, the parties have executed this Amendment as follows:
D OF COUNTY COMMISSIONERS
§COUNTY,COLORADO
aemar._ ' . /� tip �)'�►�
J. Lamont, C
,)9F
APPROVED BY BOCC
ON //- 9
ST. CLAIR DEVELOPMENT CORP.
d.b.a. CREATIVE CROISSANTS
a California Corporation
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ATT
Jean /e Jones, Clerk and ' ecorder
ty's Address
(for receipt of Notices hereunder):
c/o County Manager
506 E. Main Street
Aspen, CO 81611
cc: Director of Aviation
0233 E. Airport Rd., Suite A
Aspen, CO 81611
cc: County Attorney
506 E. Main Street
Aspen, CO 81611
ATTEST:
ahhoo.a.-`
Onif."7—Scretary
Licensee's Address
(for receipt of Notices hereunder):
(SEAL)
cc:
cc:
RECOMMENDED FOR APPROVAL: APPROVED AS TO BUDGET:
David
yet
64X-s1
terim Airport Manager Tom Oken, Director Administrative Svcs
MANAGER APPROVAL: APPROVED AS TO FORM:
ounty Manager John"Countp ey
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