HomeMy WebLinkAboutC09-073 Continental AirlinesTHIS AGREEMENT is made and entered into this ~ day of ~~ , 2008 by and
between Eagle County ("County") and the local/corporate representative of
~n,crr-~~~~Ta~ ~(- `~t ~ ~,~ ~ S ("Customer"). Customer's principle place of business is
located at: ~ t `~ E~~,~,.~ ~„«, N ~b'. ~.~., psun. (~ .Collectively, Customer and
County shall be referred to as "parties."
WITNESSETH:
WHEREAS, Eagle County will provide a fuel depot available for use at the Eagle County
Regional Airport; and
WHEREAS, Customer desires to use Eagle County's fuel depot at the Eagle County
Regional Airport to refuel Customer's aircraft.
NOW, THEREFORE, in consideration of the foregoing premises and the following
promises, Eagle County and Customer enter into this Agreement.
CONDITIONS:
The County will provide for each entity: Worldwide Flight Services (Continental)
1) A fueling station
2) Fuel
3) Initial fuel cards to access the station
4) Fuel bills to be billed on a monthly basis
The Customer will provide:
1) Notification to County if any fuel card is lost or misplaced. Customer will
continue to be billed for usage even if card is not in your possession.
2) Payment to be received within 30 days after receipt of bill. If payment is not
received, County will shut off access to all fuel cards.
3) Payment of $3.00 for any additional fuel cards as replacement of lost cards or
request for additional cards.
4) Customer agrees to indemnify County for any bodily injury and/or property
damage related to Customer's use of the fueling station and any handling of the
fuel.
Term:
This Agreement shall last one year from the date signed above, and shall automatically
renew on the day and month written above, unless this Agreement has been terminated
by either party.
County and Customer may terminate this agreement at any time with or without cause.
No Guarantees:
Customer agrees that County does not guarantee that fueling station will be
operational and able to dispense fuel at all times. County will not be liable for any
damages caused by anon-dispensing or otherwise inoperable fueling station. County
will not be in breach of this Agreement if the fueling station does not provide fuel, or
fueling station does not provide the entire quantity of fuel that Customer desires.
Amendments:
This Agreement may be amended, modified, changed, or terminated in whole or in
part only by written agreement duly authorized and executed by both the County and
Customer.
This Agreement represents the full and complete understanding of the County and
Customer and supersedes any prior agreements, discussions, negotiations,
representations or understandings of the County and Customer with respect to the
subject matter contained herein.
Miscellaneous:
All of the covenants herein contained shall be binding upon and inure to the benefit of
the parties hereto and this Agreement may not be assigned without the written
permission of the non-assigning party.
This Agreement shall be governed and construed in accordance with the laws of
Colorado. Venue for any action arising out of any dispute pertaining to this
Agreement shall be in Eagle, Colorado.
This Agreement and the rights and obligations created hereby shall be binding upon
and inure to the benefit of the County and Customer. Nothing herein expressed or
implied is intended or should be construed to confer or give to any person or entity
other than the County or Customer any right, remedy or claim under, or by reason
hereof, or by reason of any covenant or condition herein contained.
If any portion of this Agreement is held invalid or unenforceable for any reason by a
court of competent jurisdiction, such portion shall be deemed severable and its
invalidity or its unenforceability shall not affect the remaining provisions; such
remaining provision shall be fully severable and this Agreement shall be construed
and enforced as if such invalid provision had never been inserted into this Agreement.
l/Signature page to follow //
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COUNTY: ~ CUSTO
By: By:
Printed Name: Ovid P ' ted e - o, ~ ~~ - ~ n
Title: Airport Director Title: ~ ~ i c-) ~ --4~~ G- L ~
Company: Eagle CountX Company: C ~ - ~+ovC-S
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Address: PO Box 850, Eagle, CO 81631 Address: ^= .+i L-~ D ~
Phone: 970-328-2680 ~ C ~JC~ C ~
(Include City, State, Zip)
Phone: ~ a ~'_ 5 ~j ~ -- ~ ~ J
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