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HomeMy WebLinkAboutC09-104 SkyWestTHIS AGREEMENT is made and entered into this 26 day of March , 2009 by and between Eagle County ("County") and the local/corporate representative of Sk West Airlines ("Customer"). Customer's principle place of business is located at: 444 South River Road, St. George, UT 84790 .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: SkyWest (Mesa, United, United Express) 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 maybe 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. 11 Signature page to follow // 2 • COUNTY: By: Printed Name: Ovi Seifers Title: Airport Director Company: Eagle County Address: PO Box 850, Eagle, CO 81631 Phone: 970 328-2680 CUSTOMER: By: Pri ed Name: James K. Boyd Title: V.P. Customer Service Company: SkyWest Airlines, Inc. Address: 444 South River Road St. George UT 84790 (Include City, State, Zip) Phone:435-634-3410