c m 1 EST. 1883 TRANSMITTAL BOCC Agenda Item # MEETING DATE 5/18/15 Name: Lloyd Arnold Date Submitted: 5/11/15 Dept: Airport Phone: 249-3433 STRATEGIC PLAN PRIORITY #: STRATEGIC BUSINESS PLAN ITEM TO EXPLAIN: 1 Managed Growth and Economic Development of Montrose County Discussed with County Manager? Yes / No Reviewed by County Attorney? Yes / No Included in Current Year Budget? Yes / No Program is... NEW ONGOING TEMPORARY ANNUAL EXPENSE: OR ANNUAL REVENUE: $1,995.00 + 10% of gross Additional Employees Required? Yes / If so, how many? No Subject to Annual Renewal? Yes / No Is this a Bid Award? Yes / No Is this a Grant? Yes / No County's Match? Bidders and Bid Amounts — Attach a Summary of Bids Received FOR MUNIS ENTRY: Mandatory Information Org # 1011550 Obj # Project Code N/A What Fiscal Policies and Rules Did You Follow? Montrose County Fiscal Rules Purchase Amount: N/A Reviewed by Procurement? N/A Budget Amendment Attached? N/A Is this to be communicated to the Public? Press Release Editorial Board BOCC Review and Discussion w/County Manager Newsletter Article Other SUMMARY: Consideration and possible authorization for the Chairman's signature on the Off-Airport Ground Transportation Agreement with Telluride Concierge, LLC, effective 5/18/15, for the term January 24, 2015 through January 23, 2018 as reviewed by Counsel. This Agreement represents annual revenue in the amount of $1,995.00 plus 10% of permit holder's gross receipts.
Transcript
c m 1 EST. 1883
TRANSMITTAL
BOCC Agenda Item # MEETING DATE 5/18/15
Name: Lloyd Arnold Date Submitted: 5/11/15
Dept: Airport Phone: 249-3433
STRATEGIC PLAN PRIORITY #:
STRATEGIC BUSINESS PLAN ITEM TO EXPLAIN:
1
Managed Growth and Economic Development of Montrose County
Discussed with County Manager? Yes / No Reviewed by County Attorney? Yes / No
Included in Current Year Budget? Yes / No Program is...
NEW ONGOING TEMPORARY ANNUAL EXPENSE:
OR ANNUAL REVENUE: $1,995.00 + 10% of gross
Additional Employees Required? Yes /
If so, how many?
No Subject to Annual Renewal? Yes / No
Is this a Bid Award? Yes / No Is this a Grant? Yes / No
County's Match?
Bidders and Bid Amounts
— Attach a Summary of Bids Received
FOR MUNIS ENTRY: Mandatory Information
Org # 1011550 Obj # Project Code N/A
What Fiscal Policies and Rules Did You Follow?
Montrose County Fiscal Rules
Purchase Amount: N/A
Reviewed by Procurement? N/A Budget Amendment Attached? N/A
Is this to be communicated to the Public? Press Release Editorial Board
BOCC Review and Discussion w/County Manager
Newsletter Article Other
SUMMARY: Consideration and possible authorization for the Chairman's signature on the Off-Airport Ground
Transportation Agreement with Telluride Concierge, LLC, effective 5/18/15, for the term January 24, 2015 through
January 23, 2018 as reviewed by Counsel. This Agreement represents annual revenue in the amount of $1,995.00 plus
THIS OFF-AIRPORT GROUND TRANSPORTATION AGREEMENT, by and between the County of Montrose, a body corporate and politic, by and through its Board of County Commissioners (hereinafter referred to as "County") and Telluride Concierge, LLC, (hereinafter referred to as "Permit Holder").
WITNESSETH:
WHEREAS, Montrose County is Operator of the Montrose Regional Airport (hereinafter referred to as "Airport") and has the power to grant rights and privileges with respect thereto; and
WHEREAS, Permit Holder wishes to operate an Off-Airport Ground Transportation service carrying passengers to and from all parts of the Airport which include any and all Fixed Base Operators or Service Operators; and
NOW THEREFORE, in consideration of the mutual covenants set forth herein contained, the parties agree as follows:
1. USE OF AIRPORT PREMISES Permit Holder has been providing and wishes to provide Off-Airport Ground Transportation services at the main terminal building and on all other areas on the Airport on a first come first serve basis in designated areas, including the existing FBO (Jet Center Partners, LLC operating as Black Canyon Jet Center, LLC) and/or other FBO service operated at the Airport situated in the County of Montrose, State of Colorado. The areas provided at the main terminal are designated on Exhibit A attached hereto and incorporated herein by reference along with any and all FBO(s). Permit Holder agrees to operate Permit Holder's Off-Airport Ground Transportation service at any place on Montrose Regional Airport, pursuant to County's Ground Transportation Rules and Regulations which may be found on www.montroseairgort.com .
2. TERM This Permit shall be in effect from January 24, 2015 through midnight on January 23, 2018 ("Term").
3. FEES, PERCENTAGE OF GROSS AND REPORTING As consideration therefore, Permit Holder shall pay County the annual permit fees as provided in County's Ground Transportation Rules and Regulations. The charges are as follows: $525.00 per cab per year, $735.00 van per year, $945.00 per bus per year for vehicles that are owned or leased by Permit Holder. For any future renewal of this Agreement, Permit Holder is advised that the per vehicle charges will be adjusted for each renewal year based upon the annual Consumer Price Index change.
Any vehicle that operates for any amount of time at the Montrose Regional Airport during the Term of This Agreement as stated above shall owe a fee for that vehicle. If a Permit Holder fails to register a vehicle, the County will send a bill for that vehicle(s) and a $100.00 fine per incident per vehicle. Charter companies operating to and from the Montrose Regional Airport shall follow the requirements set forth in the Ground Transportation Rules and Regulations. Permits
and insurance must be acquired prior to operation. Further, Permit Holder shall pay County ten percent (10%) of Permit Holder's gross sales derived from the aggregate gross selling price of all goods and services and receipts of all transactions, at, from, within or from any part of the Airport facility (including Black Canyon Jet Center LLC and/or other FBO Service operated at the Airport) in monthly installments on or before the 20 th day of each month for the previous month, for the term of this Off-Airport Ground Transportation Agreement as provided herein. A signed report must accompany payment which will include the month and dollar amount derived from Airport generated business. If the Permit Holder has not conducted business during any given period a signed report stating such is still due. The gross sales fee shall be for each individual Off-Airport Ground Transportation service.
4. GROSS REVENUE As used herein, the term "gross revenues" shall mean all amounts received by Permit Holder, or which Permit Holder is entitled to receive for the transportation of passengers to or from any part of the Montrose Regional Airport. Gross revenues to the Permit Holder shall be deemed received at the time the sales, lease or service transaction occurs giving rise to Permit Holder's right to collect said monies, regardless of whether said transaction was conducted in person, by telephone or by mail, whether the transaction was for cash or credit, and if for credit, regardless of whether the Permit Holder ultimately collects the monies owed for said transaction from the customer involved. Any gross revenues included in the formula for determining percentage rentals owed to County and determined by Permit Holder at a later date to be uncollectible shall not offset future percentage rentals owed to County. Gross revenues shall not include federal, state or municipal sales taxes separately stated and collected from customers. Gross revenues shall be exclusive of any discounts or promotional coupons accepted or given by Permit Holder.
5. BOOKS AND RECORDS A. Permit Holder shall maintain a true and accurate set of books and records which, show all sales made and services performed for cash, credit or otherwise. The Permit Holder agrees they will by the 20 th day of each month or sooner submit a statement showing the Permit Holder's gross revenues for the preceding month along with such payment. Said statement to be in form approved or required by the Airport Manager and County Finance Director and signed and certified to be complete and accurate by an employee of Permit Holder authorized to make such a certification. B. All books and records of Permit Holder must be made available to County in Montrose County. C. For the purpose of determining the accuracy of reported gross revenue, County may audit all or any part of Permit Holder's books for the preceding year. The cost of the audit shall be borne by the County unless the audit reflects a discrepancy of more than five percent (5%) in the reported annual gross revenues. In such event Permit Holder shall be responsible for the total cost of the audit and the payment to County of any unpaid vehicle or percentage of gross payments found in the audit or past due. D. County may audit all or any part of Permit Holder's books for the preceding year; provided, however, the audit shall under no circumstance pertain to Permit Holder's books for any period predating the effective date of this Off-Airport Ground Transportation Agreement.
6. NOTICE Whenever any notice is required by the Agreement to be made, given or transmitted to the parties hereto, such notice shall be deemed to have been given if enclosed in an envelope with sufficient postage attached to insure delivery and deposited in the United States mail, addressed to:
Telluride Concierge, LLC Attn: Robert Stenhammer 565 Mountain Village Blvd. Mountain Village, CO 81435
Email: Robert(a,Telski.com
or such other place as either party shall in writing designate in the manner herein provided.
7. OTHER BUSINESS Permit Holder shall not conduct any business or commercial operation from or on Airport that is not herein or otherwise authorized by County in writing.
8. AIRPORT SECURITY Permit Holder shall comply with the rules and practices set forth in the Montrose County Airport Master Security Plan, as may be amended from time to time, and which is incorporated into this Agreement by reference. Permit Holder shall monitor and control ingress and egress to the general aviation aircraft operating areas at the gates located adjacent to the Fuel Farm Property. Permit Holder shall be responsible for the locking and securing of all gates adjacent to its building during all hours of fixed base operations, closure or at any time at which the gates are not monitored by FBO personnel. Any fines assessed against Airport or County by the FAA, TSA, or other agency as a result of Permit Holder's failure to comply with the provisions of this paragraph or other intentional or negligent acts or omissions of Permit Holder's employees or agents will be paid promptly to Airport by Permit Holder within sixty days (60) days of the date of Airport's payment to the FAA, TSA, or other agency.
9. LICENSE, FEES AND PERMITS All licenses and fees required for the operation of Permit Holder's business shall be Permit Holder's responsibility. Permit Holder shall comply with all ordinances, laws and rules and regulations of the Montrose Regional Airport, City of Montrose, County of Montrose, State of Colorado, Public Utilities Commission, or the United States of America now in effect or hereafter established pertaining to the operation and maintenance of the Permit Holder's business and/or of the Airport. Further, Permit Holder shall comply with the provisions of the Ground Transportation Rules and Regulations hereby incorporated herein by reference, as fully a part of this Off-Airport Ground Transportation Agreement and enforceable to their terms and the terms of this Off-Airport Ground Transportation Agreement.
10. INDEPENDENT OPERATOR It is understood by the parties that the Permit Holder is an independent operator and contractor. Permit Holder agrees to fully indemnify, and save forever harmless the County from and against all claims and actions and all reasonable expenses incidental to the investigation and defense thereof, based on or arising out of claims for damages or injuries to third persons, including wrongful death, and arising out of Permit Holder's use or occupancy of the permitted Premises; provided however, that County shall give to Permit Holder's prompt and reasonable notice of
any such claims or actions, and Permit Holder shall have the right to investigate, compromise and defend the same; and provide further that Permit Holder shall not be liable for any claims, actions, injury, damage or loss occasioned by any negligence or intentional action of County, its agents or employees. Permit Holder shall indemnify and save and hold County harmless from and against any claim by carriers serving Permit Holder, provided, however, Permit Holder shall not be liable for any claims, actions, injury, damaged or loss occasioned by any negligence or intentional acts of County, its agents or employees.
11. SCOPE OF SERVICE Permit Holder may provide Off-Airport Ground Transportation service from the Airport Terminal and Black Canyon Jet Center LLC or other authorized FBO service at the Airport.
12. OPERATION Passengers are to be unloaded at designated drop-off zones as shown on the attached Exhibit A. Passengers are to be loaded at designated Airport pick-up zones on the attached Exhibit A. Permit Holder must fully comply with the Ground Transportation Rules of the Montrose County Regional Airport as well as all resolutions, ordinances, laws, rules and regulations of the Montrose County Regional Airport, County of Montrose, City of Montrose, State of Colorado, or the United States of America, now in effect or hereafter adopted pertaining to operation of Permit Holder's Off-Airport Operating Agreement service at the Airport.
13. VEHICLES AND DRIVERS LIST All vehicles in service shall be reliable, safe and suitable for the purpose for which they are used. Permit Holder shall maintain the vehicles in good operating order at all times, free from known mechanical defects. Vehicles shall be clean, neat and attractive, inside and out. Permit Holder shall identify all vehicles and authorized drivers by supplying the information requested in the Vehicle Registration Sheet and Authorized Driver Listed attached to this Agreement. Permit Holder shall supplement and update the Vehicle Registration Sheet and Authorized Driver Listing to reflect new or replaced vehicles and new or replace authorized drivers.
14. INDEMNIFICATION Permit Holder agrees to fully indemnify, and save forever harmless the County from and against all claims and actions and all reasonable expenses incidental to the investigation and defense thereof, based on or arising out of claims for damages or injuries to third persons, including wrongful death, and arising out of Permit Holder's use or occupancy of the Permitted Premises; provided however, that County shall give to Permit Holder's prompt and reasonable notice of any such claims or actions, and Permit Holder shall have the right to investigate, compromise and defend the same; and provide further that Permit Holder shall not be liable for any claims, actions, injury, damage or loss occasioned by any negligence or intentional action of County, its agents or employees. Permit Holder shall indemnify and save and hold County harmless from an against any claim by carriers serving Permit Holder, provided, however, Permit Holder shall not be liable for any claims, actions, injury, damaged or loss occasioned by any negligence or intentional acts of County, its agents or employees.
15. INSURANCE The Permit Holder agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Permit Holder, Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Permit Holder shall not be relieved of any liability, claims, or demands, or other obligations assumed pursuant to this section by reason of
its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amount, duration, or type.
Permit Holder shall procure and maintain the minimum insurance coverage's listed below. Permit Holder shall require any subcontractor of the Permit Holder to procure and maintain the general liability coverage's provided below. With specific regard to worker's compensation coverage, subcontractors of the Permit Holder must comply with the statutory requirements of the State of Colorado. All insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Permit Holder pursuant to this Off-Airport Ground Transportation Agreement.
A. Worker's Compensation policy to cover obligations imposed by applicable State laws. Permit Holder fully understands that by operation of this Off-Airport Ground Transportation Agreement, Permit Holder and Permit Holder's employees and subcontractors are not employees of the Airport.
B. Liability Insurance. The Permit Holder shall procure and maintain Comprehensive General Liability, contractual liability coverage for all claims for bodily injury including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under this Off-Airport Ground Transportation Agreement, whether such operations be by the Permit Holder or by subcontractors under him or anyone directly or indirectly employed by the Permit Holder or by a subcontractor under him. Such insurance shall provide limits of liability of not less than one million dollars ($1,000,000.00). The Permit Holder shall furnish current certificates of insurance which shall include a provision that the insurance will not be cancelled without ten (10) days prior notice to the County. All such insurance shall be written on a Comprehensive Form of Policy.
C. Automobile Liability policy provided by insurance companies authorized to do business in the State of Colorado in such minimum amounts of no less than one million dollars ($1,000,000) for seating capacity of 0 - 15 passengers and five million dollars ($5,000,000) for seating capacity of 16 passengers or more. The policy shall be applicable to all premises and operations.
D. The Contractor shall furnish current certificates of insurance which shall include a provision that the insurance will not be cancelled without ten (10) days prior notice to the County. All such insurance shall be written on a Comprehensive Form of Policy.
The policy required by paragraph 15.B shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), independent contractors and premises operations. The policy shall also contain a severability of interest's provision, and be endorsed to include Montrose County as an additional insured and the Contractor and any and all of his subcontractors.
With respect to an act, omission, negligence, or other fault of the Permit Holder, every policy required above shall be primary and any insurance carried by the Airport, its officials, or its employees, shall be excess and non contributory insurance to that provided by Permit Holder. No additional insured endorsement to any policy shall contain any exclusion for bodily injury or property damage arising from operations. The Permit Holder shall be solely responsible for any deductible losses under any policy.
A certificate of Insurance shall be provided to the Airport, to be completed by the Permit Holder's insurance agent, as evidence that policies providing the required coverage's, conditions, and minimum limits are in full force and effect. The certificate shall be reviewed and approved by Airport prior to occupation of the premises. The certificate shall identify this contract and shall provide that the coverage's afforded under the policies shall not be canceled, terminated or materially changed without prior written notice to the Airport.
Failure on the part of the Permit Holder to procure or maintain policies providing the required coverage's, conditions, and minimum limits shall constitute a material breach of this Agreement. At its discretion Airport may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Airport shall be repaid by Permit Holder to Airport upon demand. Airport reserves the right to request and receive a certificate copy of any policy and any endorsement thereto.
The parties hereto understand and agree that Airport is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq., as from time to time amended, or otherwise available to the Lessor, its officers, or its employees.
16. DEFAULT In the event of default by either of the parties in any of the terms hereof, the non-defaulting party shall have all rights allowed by law. The non-defaulting party shall give the defaulting party written notice by certified mail and the defaulting party shall have (30) days to correct said default and avoid the remedy or remedies elected by the non-defaulting party. In addition thereto, such non-defaulting party shall be entitled to recover their reasonable attorney's fees incurred in the enforcement of their rights hereunder.
17. EXPENSES, DAMAGES, LATE CHARGES AND INTEREST Montrose County shall be entitled to, and the Permit Holder agrees to pay, interest on account of all charges or fees due based on this contract that are past due 30 days from the due date, to be charged at the rate of one and one half (1 1/2%) per month; or a minimum of $35.00 per month that are past due 30 days from the due date. The Permit Holder further agrees to pay a $25 fee for any returned check. Said interest charges, late fees or returned check fees shall be included as service charges and be deemed part of the charges or fees required by this contract. The Permit Holder further agrees to pay Montrose County any expenses and costs, including reasonable attorney's fees, incurred by the County in collecting any amounts due under this Agreement.
18. GOVERNING LAW This Permit shall be governed and construed in all respects and the rights of the parties hereto shall be determined in accordance with the laws of the State of Colorado. Any suits or claims arising out of this Permit shall be filed in Montrose County, Colorado.
19. CONDUCT OF PERSONNEL AND MANAGEMENT Permit Holder shall require all drivers to be clean, courteous, efficient and neat in appearance at all times. Permit Holder shall maintain supervision of attendants and employees to ensure high standards of service to the public, the performance of such service to be determined at the sole discretion of County. Permit Holder shall replace services of any employee whose conduct County feels is detrimental to the best interest of Airport.
County shall have the right to suspend the service of a specific vehicle or driver when, in the opinion of County, the vehicle, driver or other personnel used do not meet the standards required by County for such transportation service.
Permit Holder agrees to pay all wages, all applicable federal and state withholding taxes, social security payments (FICA), unemployment and worker's compensation for all of its employees. Any breach of these provisions shall be deemed a material breach of this Agreement.
Employees or agents of the Permit Holder shall be courteous to the public and to other commercial operators and their employees at all times. Obscene communications, threats of violence or physical harm, fighting, gambling, public intoxication and carrying of weapons or illegal substance on the Airport premises are strictly prohibited. Permit Holder shall insure that all employees are familiar with the Airport Ground Transportation Rules and Regulations and abide by the terms of those rules.
20. CANCELLATION In the event of failure of Permit Holder to make payments herein provided for in the terms and conditions of this Agreement, the same shall be terminated at once after County gives Permit Holder ten (10) days written notice of any default, and if the same is not corrected by that time, Permit Holder shall be excluded from the use of curb space and the right to carry passengers from said Airport. Any other violation of the terms and conditions of this Agreement, except as defined above, may result in revocation or suspension of privileges of this Agreement. County will notify Permit Holder of the details of the violation. Failure of County to terminate said contract as aforesaid shall not preclude County from subsequently exercising said right. No waiver of default or failure to demand performance of any of the terms or conditions of this Agreement shall be construed as a waiver of any subsequent default of any of the terms or conditions of this Agreement to be kept or observed by Permit Holder, and County shall not be precluded from later enforcing any of the terms and conditions of this Agreement.
21. ASSIGNMENT Permit Holder shall not assign this Permit or any part thereof in any manner whatsoever or assign any of the privileges recited herein.
22. HEADINGS The paragraph headings are for convenience only and are not a limitation of the contents of any paragraph.
23. INTREPRETATIONS This Off-Airport Ground Transportation Agreement shall be interpreted in accordance with the laws of the State of Colorado.
24. CIVIL RIGHTS The Permit Holder assures that it will comply with pertinent statutes, Executive Orders and such rules promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates the Permit Holder or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, the Provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the sponsor or any transferee for a purpose for which Federal assistance is
extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the cases of contractors, this Provision binds the contractors from the bid solicitation period through the completion of the contract.
25. MISCELLANEOUS This agreement constitutes the entire written agreement between the Airport and Permit Holder and supersedes any and all preceding agreements either written or oral between the parties. Any alterations, amendments, wither written or oral between the parties. Any alterations, amendments or supplements hereto, which would change the substance, intent, obligations and duties of either party as herein stated, must be in writing and approved by both parties.
26. NON-DISCRIMINATION The Permit Holder for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Agreement for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, Permit Holder shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49, CFR 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation, and as said Regulations may be amended.
Further, the Permit Holder for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as running with the land that (1) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the Permit Holder shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
In the event of breach of any of the above nondiscrimination covenants, Montrose County shall have the right to terminate the Agreement and to re-enter and repossess said land and the facilities thereon and hold the same as if said Agreement had never been made or issued.
27. LICENSE, FEES AND PERMITS All licenses and fees required for the operation of Permit Holder's business shall be Permit Holder's responsibility. Permit Holder shall comply with all ordinances, laws and rules and regulations of the Montrose Regional Airport, City of Montrose, County of Montrose, State of Colorado, Public Utilities Commission, or the United States of America now in effect or hereafter established pertaining to the operation and maintenance of the Permit Holder's business and/or of the Airport. Further, Permit Holder shall comply with the provisions of the Ground Transportation Rules and Regulations as may change from time to time and can be attained from the Airport's website at www.montroseairport.com and are incorporated herein by reference, as fully a part of this In-Terminal Ground Transportation Agreement and enforceable to their terms and the terms of this Agreement.
28. ATTORNEY'S FEES In recognition that the Airport is a public airport, publicly operated, and is subject to various federal and state laws and regulations for the operation of public airports, including but not limited to federal grant assurances and transportation safety and security laws and regulations, the parties agree to the following provision for allocation of attorneys fees in the event of any dispute under this Lease. In any action or lawsuit brought by either party to this Lease for the enforcement or interpretation of any provisions of this Lease, in the event that the County is the prevailing party in such action or lawsuit, then the County shall be entitled to recover from Permit Holder its reasonable attorneys fees, expenses and costs incurred in bringing or defending the action or lawsuit. However, if Permit Holder is the prevailing party in such action or lawsuit, Permit Holder shall not be entitled to recover any attorney fees, expenses or costs from the County and Permit Holder shall bear its own fees, expenses in costs in bringing or defending the action.
29. ASSIGNABILITY This Lease is assignable by the Lessee only upon the prior written consent of the Lessor. This Lease is assignable by the Lessor.
Vehicle Registration Sheet
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Authorized Driver Listing
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By David S. White, Chairman, Board of County Commissioners
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Title:
‘11 01.6.4
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BY AGREEMENT of the parties, this Agreement shall be effective January 24, 2015, and shall be binding upon the parties hereto, their successors, and assigns.
COUNTY OF MONTROSE, Permit Holder: Telluride Concierge, LLC STATE OF COLORADO
By:
by
ATTEST: County Clerk and Recorder
By
Date
ACKNOWLEDGMENT
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WILLIAM ORION COTTLE Commission el 2051841 Notary Public - California
