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HomeMy WebLinkAboutC80-018 Fixed Base Operator Concession Agreement with Mountain Flying Servicei FIXED BASE OPERATOR CONCESSION AGREEMENT , THIS AGREEMENT entered into this _R dayof ,. 1980, by and between the Board of County Commissioners, County Eagle, Colorado, hereinafter referred to as the "County", and Rlountain Flying Service, Inc., here- inafter referred to as "MFS". WITNESSETH: WHEREAS, the County is duly authorized by law to administer and govern the property know as the Eagle County Airport, County of Eagle, Colorado, herein- after referred to as the "Airport"; and WHEREAS, the County desires to provide itself with a fixed base operator to conduct the activities hereinafter enumerated at the Airport as a public service business for the convenience and pleasure of residents of this community and persons using the Eagle County Airport; and WHEREAS, MFS is an experienced fixed base operator and is willing to assume the obligations of furnishing the services required by the County as here- in more fully described. NOW, THEREFORE, for and in consideration of the mutual covenants con- tained herein the parties hereto do hereby agree as follows: SECTION ONE CONCESSION The County does hereby grant to MFS a concession to operate as a fixed base operator at the Eagle County Airport. SECTION TWO USE OF AIRPORT a. Discrip tion of Leased Premises. The County does hereby lease to Lessee for the purpose of fulfilling.its dblinations a.s a fixed -base operator.,'sub- ject only to the terms and provisions of this agreement, the following described real property, improvements and facilities situated at the Eagle County Airport, Colorado: That portion of the Airport outlined in red and set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and the hangars designated in Exhibit "A" as described in the name of Mountain Flying Service. b. Ramp Area. The County hereby reserves, for its exclusive use, that portion of real property commonly know as the "Ramp Area" as delineated ., in Exhibit "A". The County does hereby grant to MFS any and all rights and privileges to use said ramp area as accorded to all other fixed base operators of the Airport similiarly situated as from time to time determined by the County. c.Tie:-downSpaces MFS shall have the exclusive use of the tier -(own spaces within the leased premises as described in Exhibit "A" provided that the County shall have the exclusive use of designated tie -down spaces for,the purpose of leasing tie -down spaces to private individuals and/or entities on a monthly or annual basis. The amount of area which shall be used by the County shall be determined by joint and mutual agreement between MFS and the County based on the number of tie -down lease agreements the County has executed. Any tie -down spaces not being .used by. the County at .aiiy gi ven time,,, Play' be used by+1FS for `the purpose of-° Teasing-. tie=down 'spaces by -MFS -on: a,"daily and/or :weekly basis. d. Substitution of Leased Premises. If in the event of development and execution of a master plan for the Eagle County Airport, the County wishes to use part or all of the leased premises described herein, the County may do so, but agrees to substitute comparable use areas so that MFS can continue its operation on substantially the same scale. Any structures on the leased premises described herein which must be moved in connection with the implementation of a master plan for the Airport shall be moved at the joint expense of the parties hereto on the basis of MFS paying ten percent (10%) of the cost of moving such structure for each year of its use or occupancy of same as fixed base operator and the County paying the remainder of such cost of moving. e. Common Areas. MFS is granted the use, in common with others similiarly authorized, of the Airport, together with all facilities, equipment, improvements, and services which have been or may hereafter be provided at or in connection with the Airport from time to time including, but not limited to, the landing field and any extensions thereof or additions thereto, roadways, aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids-, and all other conveniences for flying, landings, and take offs. SECTION THREE SPECIFIC SERVICES REGARDING AIRCRAFT MFS shall provide the following services or products during the term of this agreement. For the purposes of this agreement, "Aircraft frequenting the Airport" shall mean all aircraft used in general aviation having a maximum gross take off weight of 25,000 pounds or less, except for aircraft of which no more than a hundred of that type are registered as active aircraft with the F.A.A. i= 4 a. A supply of one hundred octane aviation gasoline, and fuel for jet aircraft in such quantities as shall be commercially available and necessary to supply all reasonably predictable requests and requirements of general aviation for such fuel service at the Airport. All fuel shall be dispensed from fuel trucks which meet the requirements of the F.A.A. for fuel trucks serving aircraft and/or dispensed from an island designated for such purpose. b. A supply of oil for aircraft consisting of not less than two brands and not less than two "weights" of each brand generally used by aircraft fre- quenting the Airport. c. An auxiliary power unit sufficient to start all aircraft frequenting the Airport. d. A battery charger or chargers capable of providing a quick charge as well as a trickle charge. e. De-icing equipment, which shall consist of either infra -red heat, a mechanical spray applicator, or a manually operated means of appling fluid to an aircraft. f. Equipment to preheat engines of aircraft frequenting the Airport. g. A supply of sectional or W. A. C. aviation maps covering the ter- ritory within three hundred miles of the Airport, flashlights and batteries, and rulers and computers generally used by pilots for flight planning. (Other aviation accessories may be sold by MFS, but are not required under the terms of this agreement.) h. An air compressor capable of inflating tires of aircraft frequenting the Airport, preferably portable. i. A supply of oxygen capable of charging portable bottles as well as containers permanently installed in aircraft frequenting the Airport to a pressure of one thousand two hundred pounds per square inch. j. An attendant, during operating hours, to direct aircraft to loading or parking areas, to tie down aircraft, to fuel aircraft, to clean windshields, to remove excessive snow from parked aircraft, and generally to provide friendly and courteous service to persons using MFS's use areas. k. A tug or other mechanical means of moving aircraft frequenting the Airport. (Aircraft for which no tow -bar is available shall have to be taxied to parking areas.) 1. Airplane hangar space on a temporary basis for transient air- craft which will fit in the hangars shown in Exhibit "A" as described in the name of W. F. Stevens. MFS cannot guarantee that there will always be hangar space available for all aircraft requesting it, but will make every effort to hangar transient aircraft the night before departure during inclement weather in order to assist such aircraft in making early departure without having to wait for de-icing or removal of snow or ice. m. Items salable such as beverages, cookies, candy and cigarettes. n. A mobile terminal -office building in one of its areas con- taining two lavatories, a waiting room -lounge, and counters or offices for sub- tenants serving the Airport. The building shall have a minimum of 910 square feet of space and shall be available to customers of MFS, customers of its sub -tenants, and other members of the public when their presence will not unduly burden its capacity. The County shall have the right to review and approve said plans, provided said review shall not unduly delay the time when said facility shall be available for use, nor shall the County unreasonably withhold its approval. o. Reasonable and appropriate effort to promote and advertise the Airport to the flying public as a general aviation airport, including at least one special event each year. p. Transportation services from the airport to final destination of those persons and/or entities flying into the airport. SECTION FOUR MAINTENANCE a. H FS shall keep its use area in a clean, safe and sanitary condition, including the removal of snow from such of its areas as may be reasonably expected to be used at the time by aircraft frequenting the Airport. Snow removal shall be done promptly in a neat and workmanlike manner to avoid leaving piles, windrows or ridges of snow or ice which might be hazardous to aircraft frequenting the Airport. The County hereby grants to MFS the reasonable use of its equipment for the purpose of such snow removal if and when such equipment is available and not being used otherwise by the County. b. MFS shall provide the cables and/or eyes together with their anchors to which the chains or ropes shall be secured. it is mutually understood by the respective parties that the County shall provide and maintain any and all equipment necessary to sufficiently tie -down aircraft in the areas described in Section Two (c) hereinabove for the County's exclusive use in the leasing of tie - down spaces to private individuals and/or entities on a monthly or annual basis. SECTION FIVE OPERATING HOURS AND SERVICE MFS shall provide service as herein described from seven o'clock A.M. to seven o'clock P.M. or legal sunset, whichever is earlier, each and every day of the year. In addition, MFS shall provide night "on-call" service of an employee, and the arrangement for such night "on-call" service shall be prominently posted on the fixed base operator facility. Such "on- call" service shall be available to transient aircraft without prior arrange- ment, but MFS shall not be required hereunder to provide such "on-call" ser- vice to locally based aircraft other than charter operations except by prior arrangement or in case of an emergency. It is recognized that there may be short, infrequent periods during regular business hours when the attendant will not be immediately available. The attendant shall be considered to be present if he is performing duties for MFS at any place on the Airport. In the event the attendant finds it necessary to leave the Airport, he shall prominently post at the facility the expected time of his return. SECTION SIX REVENUE AND CHARGES a. Revenue from MFS's Operation. MFS shall be permitted to charge reasonable prices for services rendered and products sold as a fixed base operator. A schedule of such charges shall be posted at all times in the fixed base operator facility and a report of all charges, past and present, and any changes thereto, shall be available for the County's inspection at all reasonable times. b. Fuel Sales. MFS shall pay to the County eight cents .(0:8'x.) :per gallon on all aviation fuel sold by MFS which shall represent the rental price of the lease of all facilities of the County used by MFS as set forth in Section Two hereinabove. Such rental payments due to the County shall be made on or before the fifteenth of each month on account of sales made during the previous month, and a report on forms acceptable to the County shall accompany the payment showing the basis on which the payment is made. On or before the anniversary date of the initial payment herein and every year hereafter, the amount of such monthly rental payment shall be increased as determined by the respective parties hereto based upon the Denver -Boulder, Colorado Consumer Price Index for All Urban Consumers, All Items (1967=100) published bi-monthly by the U. S. Bureau of Labor Statistics, 303-837-2467. Said yearly percentage increase shall be determined using said index in the month the anniversary date falls in. c Tire -down Space. MFS covenants and agrees that all revenue generated by the County pursuant to the leasing of the tie -down spaces on a monthly and/or annual basis referred to in Section Two (c) herein shall be the sole property of the County. Additionaly, MFS shall pay to the County three percent (3%) of the gross revenue generated received from the leasing by MFS of tie -down spaces on a daily and/or weekly basis referred to in Section Two herein above... d. Flight Operations of MFS. The County shall not collect any revenue and/or charge MFS for any of its flight operations of its aircraft, with the exception of uniform fees :including, but not liMited to Ianding, fees; if the County imposes same on others similarly situated. SECTION SEVEN GENERAL OPERATING PROVISIONS a. Discrimination. MFS in all fixed base operations to be conducted pursuant to the provisions of this agreement in the use of the Airport,'shall not discriminate or permit discrimination against any person or class of persons by reason of race, color, creed or national origin or any other manner prohibited by the Federal Aviation Regulations or any amendments thereto. MFS shall furnish the services and/or products contemplated by this agreement on a fair, equal and not unjustly discriminatory basis to all users thereof on a "first come, first serve" basis and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that MFS shall be allowed to make reasonable and non-discriminatory discounts, rebates or other similiar types of price reductions to volume purchasers. Non-compliance with this sub -section shall constitute a material breach or default of this agreement and in the event of such non-compliance, the County shall have the right to terminate this agreement without liability therefor. or at the election of the County of Eagle or of the United".States or'.both-of said governments. shall 'have the'-r.i:ght to enforce. j.u:df..cial,Ty.this' sub=svectioh. - MFS shall insert the provisions of this sub -section in any lease, agree- ment, contract, etc., by which MFS grants a privilege or right to any person, firm, corporation, or entity to render accomodations and/or services to the public at the Eagle County Airport. b. Reservations of County. For the purposes of this agreement, "Public Aircraft Facilities" shall mean (1.) Runways; (2) Taxiways; (3) Passenger. Ramp and Apron Areas; and (4) Any extensions or additions to the above and any other space or facilities provided by the County at the Airport for public and common use by aircraft operators in connection with the landing and taking off of air- craft, or in connection with operations hereinafter authorized to be performed by aircraft operators upon the aforesaid runways, taxiways and public passenger ramp and apron areas; but only as and to the extent that they are from time to time provided by the County at the Airport for public and common use by aircraft op- erators. . r The County reserves the right to further develop or improve the Airport as it sees fit, regardless of the desires or views of MFS, and without interference or hindrance, except that the County may not arbitrarily violate or substantially diminish MFS's rights as provided elsewhere in this agreement or diminish its ability to perform the obligations undertaken by it hereunder; provided, however, that any general or partial closure of any public aircraft facilities for the purpose and duration of construction or repair shall not be considered a violation or diminishing of MFS's rights or ability to perform. The County reserves the right, but shall not be obligated to MFS, to maintain and keep in repair the public aircraft facilities of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of 'IFS in this regard. There is hereby reserved to the County, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises hereby leased, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of flight in the air, using said airspace or landing at, taking off from or operating on the Eagle County Airport. The County reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent MFS from erecting or permitting to be erected, any build- ing or other structure on or adjacent to the Airport which when erected will be above a mean sea level elevation of six thousand five hundred eighty nine feet and/ or which would limit the usefulness of the Airport or constitute a hazard to aircraft. -,, The Co'un'ty reserves the right to direct and control a1-1 activities of MFS 'i on the public aircraft facilities at the Airport in the event of an emergency or if ' MFS's' operations are interfering with the use by others of the public air- craft facilities of the Airport, and to further develop and improve said Airport as the County, in its sole discretion may deem proper. The County further reserves the right to inspect the improvements and buildings on the leased premises during the period of any construction and at all times after construction and during the term of this agreement or any extensions or renewals, for the purpose of insuring compliance with the terms of this agreement, and any and all applicable federal, state or local laws or regulations. The County further reserves the right to inspect MFS's books and to procure such additional financial information as it may be deemed appropriate and necessary by the County. Non-compliance with this subsection shall constitute a material breach or default of this agreement and in the event of such non-compliance, the County shall have the right to terminate this agreement without liability therefor, or, at the election of the County or the United States or both of said governments, shall have the right to enforce judicially this subsection. c. Compliance With Applicable Laws. MFS shall use the leased premises soley for airport purposes as set forth herein, and in so doing shall enforce and comply with all applicable laws of the State of Colorado and the United States of America; rules and regulations of the County of Eagle; as well as any and all bureaus, departments and agencies of said County, State of Colorado or the United States of America, as they may be amended from time to time. MFS agrees to faithfully observe and obey and to compel its employees, invitees, and those doing business with it to observe and obey all of the following: (i) All rules and regulations governing the operation of the Eagle County Airport; (ii) All rules and regulations of the County now in effect, and such further rules and regulations as may from time to time be promulgated by the County; and (iii) All rules and regulations of the Federal Aviation Agency now in effect and such further rules and regulations as may from time to time be adopted by it relative to the operation of airports of the type and character of the Eagle County Airport. d. Notification and Review Requirements. HFS agrees to comply with the notification and review requirements covered in part 77 of'the Federal Aviation Regulations in the event any future structure or building is planned for the leased premises, or in the event of any planned modification or alteration of any present or future building or structure situated on -the leased premises. e, No Exclusive Rights Granted. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an ex- clusive right within the meaning of Section 308 of the Federal Aviation Act. f. Subordination of Agreement. This agreement shall be subordinate to the provisions of any existing or future agreement between the County and the United States, relative to the operation or maintenance of the Airport, the ex- ecution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development, operation or maintenance of the Airport. g, Signs. 11FS shall not erect, maintain or display any external signs or other advertising on the leased premises without first obtaining the written approval of the County, which approval shall not be unreasonable with- held, providing that any sign so requested shall conform to requirements specified by the County. SECTION EIGHT INSURANCE MFS shall obtain and maintain in effect during the term of this agreement comprehensive public liability and property damage insurance covering all of MFS's activities, operations and facilities on or at the Airport.:_ Said Jns'ura,h,ce shall ,be in the nameof the County'and--•i�,'IFS,w.ith-,coverage ,i,n'- the 'aMbunts, ofione, hundred, fifty ,thousand -doll ars_.,per person 'and,'four- ihun,dred thousand- doll ars per i,ncid-dn,t and four, hundred thousand dollars property damage. Such insurance shall be maintained with a company or companies ' a'ppr-qve,,d , by the County. A certified copy of each insurance policy obtained hereunder or a certificate evidencing the ,existence of such insurance shall be delivered to the County within ten (10) days after the execution of this agreement. Each such copy or certificate shall contain an endorsement by the insuror obligating the carrier of such insurance to furnish the County with thirty (30) days notice of any intended cancellation, termination or modification of such insurance. The expense of such insurance shall be paid by MFS. MFS agrees to comply with all of the provisions of the laws of the State of Colorado and the United States of America pertaining to Employer's-Ltabifity Insurance, and further agrees that it will insure and keep insured all liability for compensation under the Workman's CoMpensdtion,Act of the State ,of'Coilorado. SECTION NINE INDEMNIFICATIONS AND NON -LIABILITY EXCEPTIONS MFS shall indemnify and hold harmless the County, its Board.'of County,.-' Commissiono'rs'..and .the 'individuail,mei-ilbers thereof, i,ts commissfons, 'agenci=es, depart- ments; offkers,:agents, employees or servants and A.fs 'succ'essors from any'and all demands, losses ; 1 i.abil:ities,,,, cl-.afi-n5 or judgraefits,, togetfie.r with all costs 'and ex- pen5os I ncident thereto, whi,ch,, may ­accrae -aaa-iins't, be .&hzrged to, or be. recoverable froin. tfio- Cuunty, its Board� of Co.unfy "Commi §sioners, and its 'i'ndi Vi dual, members theteof',', Jts -commi,,.,-s,ibns.,ry6g'�Lxnc'les, departments', officers, zgefts, emp],oyees,or servants and its successors;; as' a,res,ult of fhe'z,cts,,6r ori1nffss,ion&`6f ompl.oye8s or agents. connection vitfi,MFS's' use and occupancy of the Airport premises-. = The, C'dLjn'ty sha,l,l give.J,1 toF5_--pr6ra0t notice of any c1aim,madp, or "suit instituted which in any way, directly or indirectly, affects or might affect MFS and MFS shall have the right to compromise or participate in the defense of any such action. to the extent of its own interests. MFS shall likewise give prompt notice to the County of any claim or suit which directly affects or might directly affect MFS's ability to operate hereunder or which in any way affects or might affect the County or the general operations of the Airport. Except as otherwise provided within this agreement, the parties mutually agree that nothing contained in this agreement, nor the operations hereunder, shall in any way be construed to constitute the parties hereto as partners or be construed that MFS is an employee or servant of the County and in no event shall the County become liable for any loss which may result from the operations of MFS upon the leased property, nor for any indebtedness incurred by MFS in the operation of its business conducted on the leased premises. SECTION TEN ASSIGNMENT It is mutually understood by the respective parties hereto that during the term of this agreement, MFS may not assign this agreement or grant additional concessions, without the written consent of the County, which consent shall not be unreasonably withheld. SECTION ELEVEN COOPERATION MFS agrees that so long as it is operating as a fixed base operator pursuant of this agreement, it shall cooperate in a fair and reasonable way with all other persons and entities operating on the Airport with the permission and approval of the County. SECTION TWELVE TERMS OF AGREEMENT The term of this agreement shall until day of June, 1981. s be from r' �' day of June, 1980, MFS is hereby granted an option for additional one year terms subsequent to the initial term hereof. Upon the expiration of the initial term hereof and/or any additional one year terms granted thereinafter, MFS shall notify the County in writing prior to or on the anniversary date of any such one year term of MFS's intent to renew and/or renegotiate the terms of this agreement. Within sixty (60) days after such notification, the respective parties shall review the terms of this agreement and shall mutually agree upon any and all modifications, deletions, additions and/or changes to the terms of this agreement. If the parties cannot mutually agree as to any such modifications, deletions, additions and/or changes, then this agreement shall terminate. h1FS and/or the County shall have the right to terminate this agreement, without cause, at the end of any one year term by giving written notice at least sixty (60) days before the expiration of any one year term, including the initial term hereof. SECTION THIRTEEN NOTICES Any notices provided for herein shall, be'i.n writing and shall be delivered in person or mailed by certified or registered mail, return receipt requested, postage pre -paid, to the party for whom intended at the address set forth below: Mr. John R. Oleson Mountain Flying Service, Inc. P. 0. Box 246 Gypsum, Colorado 81637 The Board of County Commissioners County of Eagle, State of Colorado P. 0. Box 850 Eagle, Colorado 81631 Attention: Administrative Assistant Either party may change its address by written notice to the other party. Notices are deemed-tolhave_:been'giVen effective as of the. date of delivery if personally delivered and as of the third day after mailing if mailed. SECTION FOURTEEN TERMINATION FOR CAUSE Either party shall have the right, at any time, to terminate this agreement for cause. Cause shall be the willful or persistent failure of either party to perform the duties and obligations imposed on either party by this agreement. Notice of intent to terminate for cause shall be given in writing at least sixty days before the date of the intended termination, and shall state with particularity the reasons for giving said notice. If requested by either party, a formal meeting of the County shall be convened prior to the proposed termination date for the purpose of discussing and considering the reasons and basis for the giving of the notice. Officials, with full power to act for 14FS, shall attend said meeting. At said meeting a good faith effort shall be made by all parties to determine whether the causes or basis for giving the notice of termination for cause can be corrected. If either party, after attending said meeting and acting in good faith thereat, shall reasonably conclude that the causes for the giving of the notice cannot reasonably be corrected, then the agreement shall terminate at the date of intended termination set forth in the notice when given. SECTION FIFTEEN REMOVAL OF FACILITY Upon a reasonable time after the termination of this agreement, MFS agrees to remove and the County agrees to allow MFS to remove any and all items of equipment, products, buildings and other articles owned by MFS and used by it in the.fixed base operation prior to such termination. MFS further agrees, upon termination of this agreement, to immediately cease advertising, offering or providing any services or products theretofore exclusively offered or provided by it as fixed base operator. SECTION SIXTEEN SUCCESSOR SERVICES If it appears likely either from failure to exercise an option to renew or following a meeting required herein before termination that MFS will not con- tinue to supply fixed base operator services provided for in this agreement, then the County shall have the right to limited joint use of MFS's facilities for the balance of the MFS term if necessary to assure that aircraft using the Airport will continue to receive such services upon termination of this agreement with MFS. SECTION SEVENTEEN DUTY TO OBTAIN REQUIRED PERMITS MFS shall, at its sole expense, obtain and maintain in good standing all proper and necessary permits and licenses necessary to carry out and perform its obligations under this agreement. SECTION EIGHTEEN RIGHTS OF SEIZURE The County shall not be liable in any respect to MFS in the event of any seizure of all or any part of the leased premises by the United States of America or the State of Colorado in time of war or other national emergency. Rent otherwise payable to the County shall abate during such period, to the extent that such seizure substantially interferes with MFS's ability to conduct its operations. SECTION NINETEEN ADDITIONAL CONDITIONS (a) All the covenants, conditions, and provisions in this agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. (b) This agreement shall be construed under the laws of the State of Colorado. Any covenant, condition, or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this agreement, but such deletion shall in no way affect any other covenant, :ondition, or provision herein contained so long as such deletion does not materially prejudice the County or, IvIFS i n ;their. respective rights and obligations contained in the valid covenants, conditions, or provisions of this agreement. (c) All amendments to this agreement must be made in writing by mutual agreement of the parties and no oral amendments shall be of any force or effect whatsoever. (d) In the event that the County enters into any lease, concession, contract, or agreement with any other fixed base operator with respect to the Airport containing more favorable terms than this agreement, or in the event that the County grants to any other fixed base operator rights or privileges with respect to the Airport which are not accorded to MFS hereunder, then the same rights, privileges, and more favorable terms shall be concurrently and automatically made available to MFS. (e) The clause headings appearing in this agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they appertain. (f) This agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not contained herein are hereby withdrawn and annuled. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the year and date first above -written. MOUNTAIN FLYING SERVICE, INC. By AT' Address: Telephone: COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY CO('IMISSIONERS Dale F. Grant, Chairman / Address:— I n� �/�' Telephone ATTEST: erk of the Boar of Count ommissioners I,�y �LSpj� do hereby certify that I am the Secretary of Mountain Flying Service, Inc., a Colorado Corporation, named as concessionaire in the foregoing agreement, and that`T�L�,t� , who signed said agreement on behalf of said concessionaire, is the President of said corporation, and that in signing this agreement, he was acting within th scope oZhis uthority. Secretary ___