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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING A JOINT FACILITIES
LEASE AND REDEVELOPMENT AGREEMENT ON -AIRPORT RENTAL CAR
WASH AND FUEL FACILITY SUBJECT TO THE APPROVAL OF THE
COUNTY MANAGER AND COUNTY ATTORNEY. S� '
ORDINANCE NO. 98-28
1. Pitkin County, Colorado (the "County") is a home -rule county organized
under the Constitution and statutes of the State of Colorado.
2. The County is the owner and operator of the Aspen/Pitkin County Airport
(the "Airport") which is located in Pitkin County near Aspen, Colorado.
3. The County, with respect to the Airport and pursuant to, inter alia,
Sections 41-4-101, et sec ., C.R.S. 1873, as amended, and Section 2.8.2 and 8.7 of the
Pitkin County Home Rule Charter, has the authority to lease and license the occupancy
and use of Airport land areas, building and facilities; establish fees and charges for such
occupancy and use; develop (or permit the development of) Airport facilities and
improvements.
4. The County has entered into separate On -Airport License and Use
Agreements (the "Use Agreements") with the following companies:
a. Avis Rent a Car System, Inc., a Delaware corporation ("Avis")
b. Farabee Adventures, Inc., a Utah corporation, a licensee of Budget
Rent-A-Car Systems, Inc. ("Budget")
c. Eagle Rent A Car, Inc., a Colorado corporation ("Eagle")
d. The Hertz Corporation, a Delaware corporation ("Hertz")
e. Westrac, Inc., a Colorado corporation, as a licensee of Thrifty Rent
a Car, Inc. ("Thrifty")
(collectively, the "Companies").
5. In 1992, the County commenced the GA Area Redevelopment Project
which resulted in the conversion of the site of the historical rental car wash facility to
general aviation aircraft parking and the demolition of that facility, and also will result in
the conversion of the site of the present rental car fueling facility and the demolition of
that facility to use for general aviation.
6. The Airport has little land available for development, and its growth is
constrained by surrounding features, including mountainous terrain, a state highway and
extensive commercial development.
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7. Lack of land available for development at the Airport has resulted in a
requirement by the County that the Companies jointly build a facility to accommodate
both the rental car wash and fueling facilities (the "Service Facility").
8. The recently approved update to the Airport Layout Plan identified an area
in the back of the intercept lots as the site for the Service Facility.
9. The Use Agreements require the Companies to jointly develop the Service
Facility pursuant to the Amended Bid Form issued March 26, 1996 and enter into a joint
facilities lease and agreement for redevelopment. The form of the Joint Facilities Lease
and Redevelopment Agreement On -Airport Rental Car Wash and Fuel Facility is attached
hereto as Exhibit A.
10. The Service Facility is expected to have significant operational and
environmental benefits to the Airport, the Companies and their respective users and
customers, including:
a. The conversion of the historical car wash and fueling areas to a
higher priority Airport direct aeronautical use.
b. The replacement of a below ground fueling facility with a new
integrated Service Facility including a modern car wash which recycles
water and filters waste products and a modern above -ground fuel system
which should reduce the possibility of undetected leaks and increase the
ability to clean up after fuel spills which might occur.
c. The centralization of the washing, fueling and storage functions.
which should result in:
(1) The elimination of a significant element of potential unsafe
cross traffic between the rental vehicles and other commercial
operators and the general public;
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado that the Board of County Commissioners does hereby adopt a
Joint Facilities Lease and Redevelopment Agreement On -Airport Rental Car Wash and
Fuel Facility subject to the approval of the County Manager and County Attorney.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
THE 22nd DAY OF JULY, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON 25th DAY OF JULY, 1998.
Ordinance No. 98-28
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APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 4th DAY OF AUGUST, 1998.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 15th DAY OF AUGUST, 1998.
ATTEST:
ette Jones, Depy Clerk
APPROVED AS TO FORM:
John M. Ely, Cou • ttorney
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris, Chairman
Date: 8"-/ r-/2'
ne Konchan, County Manager
Ort-el14-t 144"
APP�tJv L� .r
(q?-qs ORDINANCF►Y
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CONTRACT # 2
JOINT FACILITIES LEASE AND REDEVELOPMENT AGREEMENT
ON -AIRPORT RENTAL CAR WASH AND FUEL FACILITY
THIS JOINT FACILITIES LEASE AND REDEVELOPMENT AGREEMENT (the
"Lease") is made as of the date last below signed, is by and between the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, (the "County"), a Colorado home -
rule County, and, AVIS RENT A CAR SYSTEM, INC., EAGLE RENT -A -CAR, INC.,
FARABEE ADVENTURES, INC., THE HERTZ CORPORATION, WESTRAC, INC. (each a
"Company" and collectively the "Companies").
WHEREAS, the County is owner and operator of the Aspen/Pitkin County Airport (Sardy
Field), located in Pitkin County in the vicinity of Aspen, Colorado (the "Airport");
WHEREAS, the County has authority to operate and manage the Airport, to regulate
commercial activities at the Airport and to lease and license space thereon, pursuant to, inter alia,
C.R.S. Sections 30-11-107, 30-15-401, 30-35-201/202, 41-4-101 et seq., as amended, Title IV of .
the Pitkin County. Code, as amended and Section 8.7 of the Pitkin County Home Rule Charter;
WHEREAS, each of the Companies is engaged in the business of an on -airport commercial
rental car operator at the Airport pursuant to separate License and Use Agreements with the
County, each dated July 11, 1996 (the "Concession Agreements");
WHEREAS, Companies desire to construct and equip, or cause to be constructed and
equipped, certain facilities at the Airport known as the On -Airport Rental Car Service Facility
(the "Facility") pursuant to a Fee Resolution adopted by the Board of County Commissioners
and dated July 22, 1998; and a Financing Agreement of even date herewith entered into by and
between the County, the Companies and Zions First National Bank, as paying agent (the
"Financing Agreement"): and
WHEREAS, the Companies desire to use and occupy the Facility.
NOW, THEREFORE, for and in consideration of the mutual covenants, terms and
conditions contained herein, the County and Companies do mutually undertake and agree as
follows:
1. Construction and Lease of Facility
1.1 Lease of Ground. County hereby leases to the Companies, as co -tenants, and the
Companies hereby lease from the County, as co -tenants, upon the terms, conditions,
obligations and restrictions contained herein and subject to the rights reserved by County herein,
a land area on the Airport (the "Premises"), as shown and described on the annexed Exhibit A.
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1.2 Agreement to Construct and Install the Facility.
1.2.1 Companies agree that at their sole cost, expense and risk they will jointly
construct and install on the Premises an On -Airport Rental Car Service Facility (the "Facility")
consisting of one automatic car wash bay, three manual car wash bays, one external car wash
bay, fuel island and vacuum system, including without limitation all related equipment, paving
and utilities necessary to complete a working facility, the general plans for which are depicted
on the annexed Exhibit "B." The Companies shall promptly prepare detailed Plans and
Specifications for the Facility which shall be subject to review and approval by the County prior
to the commencement of construction. The approved plans may be changed only with the
approval of the County. First class standards of design and construction shall be required in
connection with all work and improvements on the Facility.
1.2.2 Companies shall cause the Facility to be erected on the Premises in accordance
with the General Plans annexed as Exhibit B. Construction of the Facility shall be commenced
within two months of the effective date of this Lease, and the construction of the Facility shall be
diligently pursued until substantially completed. " Commencement" of construction shall mean,
at a minimum, approval by the County of detailed plans and specifications, receipt of a building
permit and any other required permits or licenses, execution of a contract for construction and
commencement of construction on the Premises.
1.3 Title to Improvements. The Companies agree that the Facility in its entirety shall
become the sole property of the County, free and clear of any lien or encumbrance, upon the
earlier of substantial completion of the Facility, as evidenced by certificate of the Project
Manager that the Facility has been substantially completed, or a final Certificate of Occupancy
issued by the appropriate County department.. The Companies agree to do all acts and execute
and deliver all documents necessary to promptly convey and transfer and confirm the County's
title in and to the Facility. After transfer of title as provided herein, all references to the
"Premises" herein shall include, without limitation, the Facility.
1.4 Lease of Facility. Effective upon transfer of title to the Facility to the County, the
County hereby leases the Facility to the Companies, as co -tenants, and the Companies hereby
lease the Facility from the County, as co -tenants, upon the terms, conditions, obligations and
restrictions contained herein and subject to the rights reserved by County herein. The Facility
shall consist of all buildings and improvements, and any equipment constructed, installed and
otherwise acquired with the Facility Use Fee under this Lease.
1.5 Means of Access. The Companies, their agents and employees, shall have a non-
exclusive right of ingress to and egress from the Premises by a means of access located outside
the boundaries of the Premises as specified by the County. The County may at anytime close,
relocate, reconstruct or modify such means of access, provided that a reasonably convenient and
adequate means of ingress and egress is available for the same purposes.
1.6 No Further Improvements. After completion of the Facility and transfer of title to the
County, the Companies agrees not to improve, change, add to, remove or demolish all ofor any
of the Facility without the prior written consent of County.
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2. Term and Holding Over
2.1 Term. The term of this Lease shall be for a period of nineteen (19) years, commencing
on August 1, 1998, and expiring on July 31, 2017.
2.2 No Renewal. Companies acknowledges that this Lease contains no renewal clause,
and rights granted to individual Companies hereunder are subject to the County's right and stated
intent to expose the Facility and rights granted hereunder to public competitive process from
time to time and at the expiration or termination of this Lease.
2.3. Holding Over. If the Companies remain in occupancy and use of the Premises after the
expiration of this term with the consent of County, the Companies' interest in the Premises from
and after that date shall be deemed to be month -to -month, pursuant to the terms and conditions of
this Lease (including the payment of the monthly amount payable for the final year of this term),
or as the parties may otherwise agree in writing
2.4 Transfer Requirements. Upon termination or sooner expiration of a Company's
Concession Agreement, if such Company is not then offered and does not enter into a successor .
On -Airport Concession Agreement with the County, then such Company shall be required to
immediately assign, transfer and convey all of its interest under this Lease to a successor On -
Airport Rental Car Company designated by the County, or at the County's election, to the
County. Each Company grants the County the power and authority to execute all document and
take all actions necessary to accomplish such assignment, transfer and conveyance should such
Company fail or refuse to take such action.
3. Payment Obligations of the Companies
3.1 Rental Payments. There shall be no separate ground rent on the Premises during the
term of this Joint Lease. In consideration of the rights and privileges granted under this Lease,
Companies shall pay County no rent on the Facility during the term of the current Concession
Agreements. For successor concession agreements, which in the County's sole discretion are
subject to bidding, requests for proposals or negotiation, rent for the Facility shall be at a rate
established by the County through such bid, request or negotiation process.
3.2 Payment Address. Payments for rent shall be made to the County monthly, in advance
by the first business day of each month, without advance notice, demand or offset. If the first
business day of the month is a Saturday, Sunday or County legal holiday, the payment shall be
due on the next succeeding business day. Other payments due hereunder shall be made monthly.
All payments hereunder shall be considered delinquent if not received by the fifth (5th) business
day of the month due. All rental and payments and insurance reimbursements shall be made to
the Pitkin County Treasurer, 506 East Main, Aspen, Colorado 81611. All delinquent amounts
shall accrue interest on the entire unpaid and delinquent balance at the rate of 2.0% per month.
Amounts received shall be credited first to any accrued interest, delinquent principal and then to
current payments due.
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4. Use and Maintenance of Facility
4.1 Permitted Uses. Companies shall use and occupy the Premises solely for the purpose of
redevelopment, construction, operation, maintenance, repair and replacement of the Facility.
4.1.1 Companies shall use the Facility only for washing, cleaning, fueling and minor
preventive maintenance and repair of motor vehicles to be leased to Airport customers, and with
respect to which gross revenue will be generated under the Concession Agreements.
4.1.2 Companies acknowledge that, relative to one another, the right to use the
Facility shall be on a first come basis. Use of the Facility by entities others than a current or
subsequent On Airport Rental Car Company shall be permitted only with the unanimous consent
of all Companies and the County.
4.1.3 As used in this section, "minor preventative maintenance and repair" shall be
limited to the changing of engine oil and other fluids, replacement of filters and bulbs, and
changing and repair of tires, all in accordance with applicable law and regulations, the County's
adopted policies, plans and guidelines, and the Concession Agreements. In no event shall engine .
tune-up, engine or chassis repair or overhaul, painting or body work be performed on the
Premises. All uses of the Facility such be subject to and conducted in strict accordance with the
Airport Stormwater Management Plan.
4.2 Other Uses. Any occupancy, use or activity on the Premises not specifically permitted
herein shall be and is hereby prohibited, except as by separate express prior written permission
from the County and under such terms and conditions as the County shall determine.
4.3 No Waste. Companies agree that throughout the term of this Lease, it will not commit
or allow any waste of the Facility or upon or in connection with the Premises.
4.4 Signs. Companies shall not place any signs upon the Premises, except of such design
and structure as shall be approved by County, provided that County's approval shall not be
unreasonably withheld. Any sign permitted by County shall at all times comply with all
applicable ordinances, rules and regulations.
4.5 Operation, Repair and Maintenance.
4.5.1 The entire cost of operation, management, maintenance, the Manager, care and
any necessary repair or replacement of the Facility or its equipment shall be borne by Companies
jointly. The Facility shall be kept in good order and Companies shall make all necessary repairs
and replacements thereof promptly and in a good workmanlike manner. No rubbish, debris,
waste materials shall remain on any part of the Premises or be disposed of improperly.
4.5.2 Companies agree to (1) share in the costs of operating and maintaining the
automatic car wash and fuel farm, based on each Company's actual use of the cash wash and fuel
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farm on a per wash and per gallon basis; (2) share in other costs of operation and maintenance of
the Facility based on each Company's proportionate share of total MAG bid amounts under the
Concession Agreements and (3) share in the costs of repair and replacement of the Facility in
proportion to each Company's respective market share adjusted annually in accordance with the
Concession Agreements. In no event shall any market share analysis be required under this
Lease other than in accordance with and at the frequency established in the Concession
Agreement.
4.6 Management of Facility. Within 45 days of the effective date of this Lease, and on each
anniversary date of the effective date of this Lease, the Companies will agree by a MII Vote on a
Manager of the Facility and its duties (the "Manager") and enter into a Management Agreement
with said Manager, the terms of which shall be subject to County approval, which approval shall
not be unreasonably withheld. After the first year of this Lease, the compensation for the Facility
Manager shall be established in an amount not to exceed 5% of the gross purchase price of the
fuel deliveries for the preceding year.
4.7 Special Conditions Regarding Fuel Facility.
4.7.1 The Fuel Facility to be constructed and operated on the Premises as part of the
Facility (the "Fuel Facility") shall be used only for the purpose of dispensing fuel to motor
vehicles authorized by a current or successor Concession Agreement to be stored on and rented
from the Airport. No fuel from the Fuel Facility shall be sold, bartered or exchanged or
otherwise dispensed to anyone other than an authorized On -Airport rental car company.
4.7.2 In the maintenance and operation of the Fuel Facility on the Premises, the
Companies shall pay all tank fees and otherwise strictly comply with all applicable laws,
regulations and guidelines, including Sections 8.-20.5-101 et seq. C.R.S. as they now exists and
may hereafter be amended. Companies shall maintain the Fuel Facility free of contamination
and shall remove and properly and legally dispose of all contaminated material.
4.7.3 Companies shall, at their expense, take such actions and make such
modifications, repairs and improvements on or to the Fuel Facility as may be necessary to
comply with laws or regulations then in effect, and to qualify the Fuel Facility for federal and
state sponsored insurance or indemnity coverage. To the extent that state or federal insurance
coverage is not available, and to the extent of any deductible of such coverage, Companies shall
insure the Fuel Facility and its operation thereof against damages for personal injury or property
damage to the limits specified in the Concession Agreement, and for damage to natural resources
in an amount not less than $1,000,000, and shall cause the County to be named as an additional
insured.
4.7.4 If the Companies, their agents, contractors, employees, guests, or customers
spill fuel, Companies either individually or through their Manager shall immediately notify the
County, all applicable federal, state and local agencies with jurisdiction, and promptly take all
actions, at the Companies' sole expense, necessary to remediate the contamination and restore
the area. Contamination, remediation and restoration of affected areas must comply with all
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environmental laws and other local state, and federal laws and not adversely impact the
maintenance, operations, and future development of the Airport.
5. Other Obligations of the Companies.
5.1 Utilities. Companies shall jointly contract for the extension, installation and provision
of all utilities used on or about the Premise, including, without limitation, water, gas, electricity,
telephone service, and trash removal. Companies shall not permit any lien for unpaid utility use
or services to be filed or maintained against the Premises or Facility. Companies shall pay for all
utility service to the Premises upon invoice by the Manager upon each Company's pro-rata share
based on market share during the previous operational year of the Concession Agreement.
5.2 Compliance with applicable laws and regulations. In connection with its occupancy
and use of the Facility and the conduct of its operations thereon, Companies shall:
5.2.1 Comply with all applicable laws, rules and regulations of the County of Pitkin,
the State of Colorado and the United States of America and any and all departments and agencies
thereof, as the same may now exist or may be hereafter promulgated or amended from time to
time. Companies acknowledges that Pitkin County has the continuing authority to enact general
legislation pursuant to its power to protect the health, welfare and safety of its citizens, as well as
the continuing authority, in its executive capacity, to enact airport regulations. Present applicable
Airport regulations are: Airport Regulations, Title IV, Pitkin County Code; Airport Certification
Manual with Airport Emergency Plan, inclusive; Airport Security Plan; Ground Transportation
Rules and Regulations; Motor Vehicle Fuel Farm Rules and Regulations; (applicable only to
users of the facility); and the Airport Stormwater Management Plan.
5.2.2. Comply with the notification and review requirements of Part 77 of the
Federal Aviation Regulations in the event any future structure or building is planned for the
Premises, or in the event of any planned modification or alteration of any present or future
structure or building situated on the Premises.
5.2.3. Not discriminate against any person or class of persons by reason of race,
color, sex, creed, religion, handicap or national origin in providing any services or in the use of
any Facility provided for the public in any manner prohibited by Part 21 of the Regulations of the
Office of the Secretary of Transportation, and shall comply with the letter and spirit of the
Colorado Anti -Discrimination Act of 1957, as amended, and any other laws and regulations
respecting discrimination in unfair employment practices, and shall comply with such
enforcement procedures as any governmental authority might demand that the County take for
the purpose of complying with any such laws and regulations.
5.3 Liens. Companies shall not allow, and shall immediately cause to be removed any
and all liens of any nature on the Premises or the Facility, whether arising out of or imposed
because of any construction, repair, work or labor performed or materials furnished by
Companies or any of its contractors, subcontractors or suppliers upon the Premises or arising out
of or because of Companies' business at or from the Airport, or otherwise.
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5.4 Taxes. Companies shall pay all taxes assessed against Companies' business personal
property situated upon the Premises and all other taxes lawfully assessed against Companies by
reason of their use, occupancy and possession of the Premises and the Facility located thereon
6. Obligations of the County
6.1 Snow Removal.
6.1.1 County shall, at County's own expense, and subject and secondary to
County's obligation to maintain clear roads and runways on the Airport, remove the snow from
those areas of the Premises utilized for the passage and parking of motor vehicles in the same
manner and extent as County performs snow removal on portions of the Airport in general;
provided, that County shall not be required to move or relocate parked vehicles to accomplish
such snow removal, and that the County's snow removal obligations hereunder are no greater or
of a higher priority than its similar obligations under the Concession Agreements
6.1.2 Companies shall, at the direction of the County, move or relocate vehicles
to assist County in County's snow removal obligations set forth above. Companies shall further,
at Companies's own expense, effect the snow removal in all other portions of the Premises,
including the removal of snow under and about the parked vehicles, the buildings, the walkways,
and the other portions of the Premises which cannot readily be serviced by the County's snow
plowing equipment.
6.2. Quiet Enjoyment. County covenants that upon Companies's paying the rent and
observing and performing all of the obligations and conditions to be observed and performed by
Companies hereunder, Companies may peacefully and quietly have, hold and enjoy the Premises
for the term of this Agreement, and County shall defend the title thereto at its cost.
7. Other Agreements Between the Parties
7.1 Company Property. All personal property, equipment, furnishings, decorations and
trade fixtures placed upon the Premises by each Company shall be at the Company's sole risk,
and County shall not be liable for damage to or loss of such personal property or trade fixtures
arising from the acts or omissions of any persons or from any causes whatsoever, except from the
acts or omissions of County, its agents and employees. No Company Property shall be paid for
by Facility Use Fees.
7.2. Estoppel Certificates. County and Companies each agree at any time and from time
to time, so long as this Agreement shall remain in effect, upon not more than ten (10) days prior
written notice by the other party, to execute, acknowledge and deliver to the other party a
statement in writing certifying that this Agreement is unmodified and in full force and effect (or if
there have been modifications, that the same is in full force and effect as modified, stating the
modifications).
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7.3. Rights of Seizure. County shall not be liable in any respect to Companies in the
event of any seizure of all or any part of the Premises, or the buildings and other improvements
located thereon, by the United States of America or the State of Colorado in time of war or other
national emergency; provided, that the rent provided hereunder shall abate during such period of
seizure to the extent that such seizure shall interfere with Companies's ability to conduct its
business upon the Premises.
7.4. Grievance Procedure. The parties each recognize that it is in the public interest and
to their mutual benefit that a satisfactory range of rental car operation services be made available
to the public in a prompt, efficient and courteous manner. To that end, Companies and County
shall meet together from time to time, upon written request of County, for the purpose of
addressing any complaints which may have been received by County and reviewing in general the
services being furnished by Companies related to its Airport activity. Companies agrees to
promptly undertake such action as may be reasonable and appropriate to remedy the situation
giving rise to any such complaints and/or any operational deficiencies noted by County.
7.5 Damage and Destruction.
7.5.1 In case of damage or loss of all or any portion of the Premises during the
period that the Facility Use Fees are being used to reimburse Companies under the Financing
Agreement, then Companies shall promptly commence and complete the restoration of the
Facility as nearly as reasonably practicable to the value and condition thereof immediately prior to
such damage or destruction (with alterations at the Companies' election and with prior County
approval) with due diligence (subject to delays beyond their control).
7.5.2 In case of damage or loss of all or any portion of the Premises after the
period that the Facility Use Fees are being used to reimburse Companies under the Financing
Agreement, if the Facility can be substantially repaired and restored within 120 days from the date
of damage using standard working methods then Companies shall promptly commence and
complete the restoration of the Facility as nearly as reasonably practicable to the value and
condition thereof immediately prior to such damage or destruction ( with alterations at the
Companies' election) with due diligence (subject to delays beyond their control). If the Facility
cannot be repaired within 120 days period, then either party, may within ten (10) business days
cancel this Lease by giving written notice to the other party. Neither party shall be able to cancel
the Lease if its willful misconduct caused the damage. If the parties cannot agree in writing
whether the repairs and restoration will take more than 120 days to make, the matter will be
submitted to arbitration under Section 9.6 of this Lease.
7.5.3 In the event of such damage or destruction Companies shall be permitted to
use or be reimbursed by the proceeds of insurance on the Facility, for the purpose of effecting
repair and restoration to the Facility.
7.5.4 Unless the damage is caused by the Company or Companies' willful
misconduct, the rent shall be abated in proportion to that part of the Facility that is unfit for use in
Companies' businesses. The abatement shall continue until 10 days after the restoration or repair
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is complete but in no event shall the abatement be longer than County's reasonable estimate that
the work should have been completed.
7.6 Non -Liability of Shareholders. Officers. Directors. Employees or Agents. No
shareholder, officer, director, employee or agent of the parties shall be personally liable to the
other party or to any other person in the event of any default or breach hereunder.
7.7. Representations of Companies. Companies represents and warrants to County as
follows:
7.7.1 Companies, and those individuals executing this Agreement on behalf
Companies, represent and warrant that they are familiar with Section 18-8-301, et leg. of the
Colorado Revised Statutes (Bribery and Corrupt Influences) and Section 18-8-401, et seg. of the
Colorado Revised Statutes (Abuse of Public Office) and that no violations of the provisions there-
of are present.
7.7.2 Companies, and those individuals executing this Lease on behalf of
Companies, represent and warrant that to the best of their knowledge no employee of Pitkin
County has any personal or beneficial interest whatsoever in this Lease or in the business to be
conducted upon the Premises by Companies.
7.8 Reserved Rights of County. County reserves the following rights with respect to the
Premises and the uses and operations to be conducted thereon by Companies.
7.8.1 County reserves the right to access over and across the Intercept Lots,
provided, that County shall not, in the exercise of this reserved right, unreasonably interfere with
Companies' use of same. County shall be entitled to enter upon those areas, in a reasonable time
and manner consistent with the purpose of the entry and inspection, for the purpose of inspecting
the same, preventing waste or loss, responding to emergencies or complaints or enforcing any of
County's rights hereunder.
7.8.2 County reserves, for the use and benefit of the public, the right of flight for the
passage of aircraft in the air space above any portion the surface of the Airport in which
Companies has been granted rights hereunder, together with the right to cause in and around said
air space such noise as may be inherent in the operation of aircraft utilizing the Airport.
7.8.3 County reserves the right to direct, in its sole discretion, all activities of the
Companies at the Airport in the event of an emergency.
7.8.4 County reserves the right to grant Agreements, licenses, uses, permits or rights
to other parties to operate on the Airport so long as such other grants do not unreasonably
interfere with Companies's operations.
7.8.5 County reserves the right to establish and enforce reasonable rules and
regulations for the conduct of activities and uses permitted herein. County reserves the right to
further plan, develop, improve, remodel and/or reconfigure the Airport, including existing vehicle
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and pedestrian traffic patterns, as County deems appropriate, without interference or hindrance by
the Companies. If County materially interferes with or interrupts Companies's operations on the
Premises prior to date upon which rent is first payable to the County on the Facility, then rental
under the Concession Agreements shall be equitably adjusted; thereafter, the County shall consult
in advance with Companies on such changes and if Companies shall be unable to conduct
reasonably normal seasonal business operations on the Premises by reason of any such County
activities, then the rent hereunder shall be equitably adjusted during the period of such
interruption.
7.8.6 County reserves the right, in its sole discretion, to enter into agreements for the
financing or re -financing of the Airport, and Companies agree to cooperate in providing
information to prospective lenders and in providing estoppel certificates, if so requested..
7.8.7 County reserves the right to prohibit any commercial or non-commercial activity
by Companies, their agents and employees on the. Airport, which activity is not expressly
permitted herein.
7.8.8 County reserves the right to establish and enforce reasonable rules and
regulations for the conduct of activities and uses permitted herein.
7.9 Relocation by the County In the event that proper development of the Airport requires
that any portion of the Premises be devoted to a different use not in direct business competition
with Companies, the County shall have the right, upon one hundred eighty (180) days advance
written notice to Companies, and without cost or expense to Companies, to relocate all or a part of
the Premises and/or Facility. Said relocated Premises shall be of no less area, and as conveniently
located as is reasonable, considering all demands for space at the Airport. In such event, the
effected portion of the Facility and Companies' trade fixtures if any shall, without cost or expense
to Companies, be relocated or replaced on the relocated Premises, and this Lease shall continue in
effect with respect to the relocated Premises. For purposes of this paragraph, the imposition of
any Use Fee on customers shall not be considered a cost or expense to the Companies.
7.10 New Government Regulations Without diminishing in any way Companies duty
hereunder to pay all costs of operation and maintenance of the Premises pursuant to applicable
laws and regulations, in the event the County is required to make additional direct expenditures in
connection with the implementation of any future federal or state regulation imposed upon the
County as a result of the Companies' operations on the Premises, the County may call a
conference for the purpose of discussing and determining methods of compliance and recovery
from Companies and any others similarly situated, of costs so incurred or to be incurred, and
Companies agree to attend and negotiate in good faith regarding their participation in recovery of
such costs.
7.11 Inspection and Repair The County and its authorized employees and agents shall
have the right at all reasonable times to enter upon the Premises to inspect, to observe the
performance by Companies of their obligations hereunder, and to do any act which the Companies
may be obligated to do or have the right to do under this Lease. The County may, but is not
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required to, do any act required to be done by the Companies hereunder, and to charge the
Companies the actual cost of such act as additional rent..
7.12 Relationship to Concession Agreements. Except as may be expressly set forth to the
contrary herein, the Companies' use and occupancy of the Facility and operations on and from the
Airport are subject to the terms, conditions and restrictions of the Concession Agreements which
are hereby incorporated by reference. Except as may be expressly provided herein, the
Concession Agreements remain in full force and effect and are not altered or amended hereby.
The definitions in the Concession Agreement shall apply in this Lease, unless a contrary
definition is given herein or unless the context clearly implies a different meaning.
8. Indemnity and Insurance.
8.1. Indemnity of County.
8.1.1 Companies shall and hereby do release, discharge, indemnify and hold harmless
the County, its officials, employees, agents and representatives from and against liability for any
claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation
and defense), fees (including reasonable attorney and expert witness fees) or compensation in any
form or kind whatsoever for any bodily injury, death, personal injury or property damage arising
out of or in connection with any negligent or willfully wrongful act, error•or omission by
Companies, or for any resulting liability alleged to accrue against the County on account of such
acts, errors or omissions by Companies, including any environmental investigation, removal or
remediation responsibilities involving the Premises or neighboring lands where (but only to the
extent that) Companies are a demonstrable contributing cause of an environmental hazard or
contamination that is created or occurs after the effective date of this agreement; provided,
however, that such indemnity shall not be construed as an indemnity for claims arising
from the gross negligence or wilfully wrongful acts of the County or its employees or agents.
County acknowledges that Companies has performed a Phase 1 Site Assessment on the Premises
which shall be used as the baseline for any environmental claims.
8.1.2 Companies further shall investigate, process, respond to, adjust, provide
defense for and defend, pay or settle all claims, demands, or lawsuits related to such negligent or
wilfully wrongful acts, errors and omissions at its sole expense and shall bear all other costs and
expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent.
8.2 Trademark and Trade Name Indemnity. Companies represents that they are (and will
be for the entire term hereof) the owner of or fully authorized to use any and all services,
processes, machines, articles, trademarks, logos, names or slogans to be used by it in its opera-
tions under or in any way connected with this Agreement. Companies agrees to save and hold the
County, its employees, agents and representatives free and harmless of and from any loss,
liability, expense, suit, demand or claim for damages in connection with any actual or alleged
infringement of any patent, trademark or copyright arising out of the actions of Companies under
or in any way connected with this Agreement.
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8.3 Companies' Insurance. Companies shall carry broad form public liability insurance
with responsible insurance underwriters qualified to transact business in Colorado, insuring
Companies and the County, as their interest may appear, against all liability for injuries to
persons, including wrongful death, and damages to property caused by Companies' use and
occupancy of the Premises or otherwise caused by the Companies' activities and operations on
and from the Airport, with liability limits not less than those set forth in the Concession
Agreement, and terms consistent with those required by the Concession Agreement.
8.4 County Insurance. County shall insure the Facility against loss by fire and other
casualty in an amount not less than the full replacement value. Such insurance shall be placed
with a responsible insurance underwriter qualified to do business in Colorado. Within thirty (30)
days of invoice, Companies jointly agree to reimburse the County the full costs of all such
insurance premiums, and deductibles if incurred. Each Company's share of such reimbursement
shall be in the same proportion as Company's share in the cost of repair under subparagraph
4.5.2(2) above.
8.5 Other Insurance Provisions.
8.5.1 Either party shall have the right to request that the insurance coverages or
forms of coverage provided for herein be adjusted upward or downward to more commercially
reasonable limits as evidenced by the limits then prevailing at other similar operations at airports
of this type, size and activity level. If the parties cannot agree regarding such proposed
adjustments, the dispute shall be resolved by mediation/arbitration as set forth herein.
8.5.2 To provide evidence of the required insurance coverages, copies of Certifi-
cates of Insurance in a form acceptable to the County shall be filed with the County (through the
Airport Manager) no later than ten (10) calendar days prior to commencement of operations
affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the
County is agreed to be a material breach of this Lease for which notice of default may be given.
These Certificates of Insurance shall contain a provision that coverage afforded under the policies
will not be canceled or materially altered unless at least thirty (30) calendar days prior written
notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to
the County (through the Airport Manager). For purposes of this provision, "materially altered"
shall mean a change affecting the coverages required herein, including a change to policy limits as
set out in the then -current policy declarations page. Simultaneously with the Certificates,
Companies shall file and update as necessary a certified statement as to claims pending against re-
quired coverages, reserves established on account of such claims, defense costs expended and
amounts remaining in policy limits.
8.5.3 Certificates of Companies Insurance shall contain the following clauses: the
clause "other insurance provisions," in a policy in which the County is named as an insured, shall
not apply to the County; the policy or policies shall have no recourse against the County for
payment of any premiums or for assessments under any form of policy; any and all deductibles in
the above -described insurance policies shall be assumed by and be for the amount of, and at the
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sole risk of Companies; and, location of operations shall be: "all operations and locations on the
Aspen/Pitkin County Airport conducted by or occupied by Companies."
8.5.4 The provisions of this Section shall survive the expiration or other
termination of this Lease.
9. Default and Termination
9.1. Default and Termination. Any and all of the Companies shall be in default under this
Lease if such Company:
9.1.1 Fails to make full and timely payment of rent, fees or charges when due
hereunder; or
9.1.2 Creates, maintains or allows by omission a dangerous or hazardous
condition on or emanating from the Premises, with the exception of any environmental
remediation responsibilities that County may have under this Lease, and with the further
exception of any environmental conditions caused by County, or
9.1,3 Fails to provide timely and maintain current all required insurance
coverages and proof of insurance; or
9.1.4 Is in default under the Financing Agreement or any other security
instrument that encumbers Companies's interest in the Lease; or
9.1.5 Makes or becomes subject to voluntary or involuntary declaration of
insolvency, assignment for the benefit of creditors, receivership or bankruptcy; or
9.1.6 Fails to comply with any of their obligations under this Lease; or
9.1.7 Fails to maintain a valid Concession Agreement with County or is in
default under such Concession Agreement.
9.2 Notice of Default/Right to Cure. Immediately upon the occurrence of an Incident of
Default the County may deliver a written Notice of Default to the defaulting Company with a
copy to other Companies, which shall specify the Incident of Default and a specific cure thereof.
Following the giving of such notice of default, the time periods within which the cure shall be
completed shall be:
9.2.1 within three (3) business days if the default is maintenance of a hazardous
condition or failure to maintain and/or prove required insurance coverage;
9.2.2 within five (5) calendar days if the default is failure to pay rent, Facility Use
Fees, fees or any other monetary amount when due; or
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9.2.3 within twenty (20) calendar days if Companies shall default in the performance
of any other obligations or conditions to be performed by Companies under the provisions of this
Lease; or
9.2.4 within two (2) business days if Company is in default of the Financing
Agreement.
Except for a failure by Company to pay rents, Facility Use Fees, insurance premiums or other
charges hereunder when due, if the cure required cannot reasonably be completed within the
foregoing time periods and the cure is promptly undertaken by Company and diligently
prosecuted, the County will, upon request and proof of these circumstances, extend the period to
cure by a reasonable time.
9.3 Notice of Termination/Right to Re-enter. In any Incident of Default, if such default
shall remain uncured after the cure period specified, County may thereafter terminate this Lease
as to the defaulting Company by giving written Notice of Termination to the Defaulting
Company, which Notice shall be effective on the date delivered to Company. Upon default or
termination of this Lease, County may re-enter the Premises and remove all defaulting
Companies and their property therefrom, but not including any necessary force to do so.
9.4 Remedy Not Exclusive. The parties shall have such other rights and remedies as may be
provided for by law or in equity, including damages. In the event of any default hereunder, the
prevailing parties shall be entitled to recover its costs, including a reasonable attorney fee, of any
proceedings in connection therewith.
9.5 Surrender of Premises. Upon the expiration or termination of this Lease, Companies to
which such expiration or termination applies shall peaceably surrender, deliver up and leave the
Premises to County, normal wear and tear excepted. Companies shall, within 10 days after
surrender, remove all of Companies's personal property, trade fixtures, equipment, or
improvements removable by prior agreement with County, from the Premises and shall repair
any damage to the Premises caused by such removal. Any personal property of Companies, or
anyone claiming under Companies, which shall remain upon the Premises 10 days after the
expiration or termination of this Lease shall be deemed to have been abandoned and may be
retained by County as County's property or disposed of by County in such manner as County
sees fit.
9.6 Arbitration. For disputes subject to arbitration which are not resolved by the parties
within 10 days after either party gives notice to the other of its desire to arbitrate the dispute, the
disputes shall be settled by binding arbitration by the American Arbitration Association in accord
with its then prevailing rules. Judgment upon the arbitration award may be entered in any court
having jurisdiction. There shall consist of three arbitrators, one of whom must be a real estate
attorney actively engaged in the practice of law for the past five years. Nothing herein shall
prevent any party from seeking injunctive relief or from pursuing an action for possession of real
property (eviction) in the court specified herein.
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10. Assignment and Subletting
10.1. Assignment and Subleasing. Unless they shall have received the prior written consent
of County, no Company shall, voluntarily or by operation of law:
10.1.1 Assign, convey, transfer or encumber this Lease, any of Companies's interest
in this Lease or any rights and obligations hereunder;
10.1.2 Assign this Lease for security purposes;
10.1.3 Sublet or subpermit the Premises or any part thereof
10.1.4 Assign, convey or transfer an interest of five percent (5%) or greater in
Companies' ownership, management, equity, debt or assets, in one or a series of related
transactions.
10.2 Assignment Standards. To the extent deemed necessary by County in each instance,
each Company shall be required to provide evidence satisfactory to County of the successful
business experience, business reputation and financial stability of the proposed
assignee/transferee, an audit of and full payment of all costs, fees and charges to the date of
assignment/conveyance/transfer, and proof of compliance of the assignment/conveyance/transfer
with County's published Airport management goals and objectives. In the absence of material
default by the assigning Company, County consent hereunder shall not be unreasonably withheld
but may contain reasonable conditions and requirements.
10.3 Payment Upon Assignment. In the event of an approved assignment of this Lease prior
to the date on which rent on the Facility is first payable to the County hereunder, in the absence
of a material default hereunder by the assigning Company, the approved assignee of this Lease
shall be required to pay to the Company whose interest has been assigned, the total capital
contribution made by the assigning Company minus the principal amount of reimbursement
actually received by Company to the date of assignment.
10.4 Non -Waiver. Consent by County to one or more assignments or sublettings shall not
operate as a waiver of County's rights as to any subsequent assignments and sublettings. Any
attempted assignment or subletting by Companies in violation of the terms and covenants of this
Section shall be void.
11. Miscellaneous Provisions.
11.1 Entire Agreement. This Lease, together with the Concession Agreement and the
Financing Agreement, contain the entire agreement of the parties and there have been and are no
promises, representations or agreements between the parties with respect to the subject matter
hereof, either express or implied, except as expressly set forth herein and therein. Any and all
prior agreements or understanding between the parties are expressly agreed to have merged
herein and therein.
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11.2 Severability. If any provision of this Lease shall be invalid, illegal or unenforceable, it
shall not affect or impair the validity, legality or enforceability of this itself or of any other
provision thereof, and there shall be substituted for the affected provision, a valid and
enforceable provision as similar as possible to the affected provision.
11.3 Counterparts. This Lease may be executed in one instrument, signed by all parties, or
in counterparts, in which case all such counterparts together shall constitute one and the same
instrument and Lease, binding on all of the parties thereto, notwithstanding that all of the parties
are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as
original signatures on this Lease and on other documents provided for herein.
11.4 Supplemental Acts and Instruments. Each party shall from time to time do and/or
execute and deliver such supplemental acts and/or additional instruments or do such additional
acts as the other party may reasonably request in order to effectuate the full intent of this Lease.
11.5 No Third-partv Beneficiaries. None of the terms, covenants, obligations or rights
contained in this Lease is or shall be deemed to be for the benefit of any person or entity not a
party thereto.
11.6 No Oral Modifications. This Lease may be modified, amended or supplemented only
by an instrument in writing signed by the parties hereto and approved by the Board of County
Commissioners at a duly -noticed public meeting. While the County staff has the power to make
operational and administrative decisions respecting the Airport and this Lease, the County will
not be bound to any modification, amendment or supplement to this Lease not approved and
documented by the County as provided herein.
11.7 Relationship of Parties. It is the intent and purpose of the parties that they shall have
the relationship of Landlord and Tenant hereunder, and nothing contained herein shall be deemed
or construed to constitute the parties as partners or joint venturers, and in no event shall County
be liable for any indebtedness incurred by Companies in the operation of its business on the
Premises.
11.8 No Implied Waiver. The failure of either party hereto to exercise any right or remedy
hereunder shall not be deemed a waiver thereof or a waiver of the right to exercise the same at
any future time, or the waiver of any other right or remedy hereunder. No waiver by any party of
any right or remedy hereunder shall be effective unless in writing signed by the party.
11.9 No Presumption Against Drafting Party. The parties agree that this Lease was
negotiated and drafted by the mutual efforts of the parties hereto and agree that no legal
presumption shall arise as a result of the identity of the drafter of this Lease or any presumed
unequal status arising therefrom.
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County:
11.10 Attorney's Fees. Any party hereto shall institute legal proceedings including
arbitration, to interpret, protect or enforce any of the rights, remedies or responsibilities set forth
hereunder, then the party prevailing in such legal proceedings shall be entitled to recover its costs
in connection therewith, including a reasonable attorney's fee.
11.11 Governing Law and Venue. This Lease shall be governed by and construed in
accordance with the laws of the State of Colorado and venue is agreed to be exclusively in the
courts of competent jurisdiction in and for Pitkin County, Colorado.
11.12. Notices. All Notices required or authorized to be given hereunder shall be in writing
and shall be served upon the party entitled thereto either by certified mail, return receipt request-
ed, addressed to such party at its notice address set forth in the separate Concession Agreements
then in effect (or at such other address as either party gives Notice to the other party in writing).
Any such Notice shall be deemed to have been received three (3) business days after the same
has been properly deposited in the United States mail, with postage thereon fully prepaid, as
aforesaid, or on the date of personal service.
11.13 Recording. Promptly following the execution hereof, Companies agrees, to record
this Lease at its expense in the real estate records of the Pitkin County Clerk and Recorder.
IN WITNESS WHEREOF, the parties have executed this Agreement, as follows:
ff& 51. /Companies:
FOR THE BOARD OF COUNTY
COMMISSIONERS OF
PITKIN$OUNTY, COLORADO
By:
Chair
Date:
ATTEST:
Pitkin County (SEAL) °coR
THE HERTZ C RPOR+c
104
14,4
By: 6'1i
Date:
AVIS RENT -A -CAR SYSTEM, INC.
i
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- - ---�=
11.10 Attomey's Fees. Any party hereto shall institute legal proceedings including
arbitration, to interpret, protect or enforce any of the rights, remedies or responsibilities set forth
hereunder, then the party prevailing in such legal proceedings shall be entitled to recover its costs
in connection therewith, including a reasonable attorney's fee.
11.11 Governing Law and Venue. This Lease shall be governed by and construed in
accordance with the laws of the State of Colorado and venue is agreed to be exclusively in the
courts of competent jurisdiction in and for Pitkin County, Colorado.
11.12. Notices. All Notices required or authorized to be given hereunder shall be in writing
and shall be served upon the party entitled thereto either by certified mail, return receipt request-
ed, addressed to such party at its notice address set forth in the separate Concession Agreements
then in effect (or at such other address as either party gives Notice to the other party in writing).
Any such Notice shall be deemed to have been received three (3) business days after the same
has been properly deposited in the United States mail, with postage thereon fully prepaid, as
aforesaid, or on the date of personal service.
11.13 Recording. Promptly following the execution hereof, Companies agrees, to record
this Lease at its expense in the real estate records of the Pitkin County Clerk and Recorder.
IN WITNESS WHEREOF, the parties have executed this Agreement, as follows:
County: Companies:
FOR THE BOARD OF COUNTY
COMMISSIONERS. OF
PITKIN COUNTY, COLORADO
By:
Chair
Date:
THE HERT ' • •i• �)
0( By:
Date:
RATION
AVIS RENT -A -CAR SYSTEM, INC.
By:
Date:
I- Ira'
EAGL ' RENT- -CAR, INC.
By:
Date:
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_ _
11.10 Attorney's Fees. Any party hereto shall institute legal proceedings including
arbitration, to interpret, protect or enforce any of the rights, remedies or responsibilities set forth
hereunder, then the party prevailing in such legal proceedings shall be entitled to recover its costs
in connection therewith, including a reasonable attorney's fee.
11.11 Governing Law and Venue. This Lease shall be governed by and construed in
accordance with the laws of the State of Colorado and venue is agreed to be exclusively in the
courts of competent jurisdiction in and for Pitkin County, Colorado.
11.12. Notices. All Notices required or authorized to be given hereunder shall be in writing
and shall be served upon the party entitled thereto either by certified mail, return receipt request-
ed, addressed to such party at its notice address set forth in the separate Concession Agreements
then in effect (or at such other address as either party gives Notice to the other party in writing).
Any such Notice shall be deemed to have been received three (3) business days after the same
has been properly deposited in the United States mail, with postage thereon fully prepaid, as
aforesaid, or on the date of personal service.
11.13 Recording. Promptly following the execution hereof, Companies agrees, to record
this Lease at its expense in the real estate records of the Pitkin County Clerk and Recorder.
IN WITNESS WHEREOF, the parties have executed this Agreement, as follows:
County: Companies:
FOR THE BOARD OF COUNTY
COMMISSIONERS OF
PITKIN COUNTY, COLORADO
By:
Chair
Date:
ATTEST:
Pitkin Coun 1 ' (SEAL)
THE �0' ORPORATION
By:
Date:
AVIS RENT -A -CAR SYSTEM, INC.
By:
Date:
Page 17
t c(r
1111111 11111 111111111111111111111111111111111111 III IIII
429732 04/09/1999 12:46P AGREEMEN DAVIS SILVI
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1111111111111111111111111111 III 1111111111
1111111
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111111SIL
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11.10 Attornev's Fees. Any party hereto shall institute legal proceedings including
arbitration, to interpret, protect or enforce any of the rights, remedies or responsibilities set forth
hereunder, then the party prevailing in such legal proceedings shall be entitled to recover its costs
it connection therewith, including a reasonable attorney's fee.
11.11 Governing Law and Venue. This Lease shall be governed by and construed in
gecordance with the laws of the State of Colorado and venue is agreed to be exclusively in the
courts of competent jurisdiction in and for Pitkin County, Colorado.
11.12. Notices. All Notices required or authorized to be given hereunder shall be in writing
and shall be served upon the party entitled thereto either by certified mail, return receipt request-
ed, addressed to such party at its notice address set forth in the separate Concession Agreements
then in effect (or at such other address as either party gives Notice to the other party in writing).
Any such Notice shall be deemed to have been received three (3) business days after the same
has been properly deposited in the United States mail, with postage thereon fully prepaid, as
aiforesaid, or on the date of personal service.
11.13 Recording. Promptly following the execution hereof, Companies agrees, to record
this Lease at its expense in the real estate records of the Pitkin County Clerk and Recorder.
IN WITNESS WHEREOF, the parties have executed this Agreement, as follows:
County:
Companies:
POR THE BOARD OF COUNTY AVIS RENT -A -CAR SY, INC.
POMMISSIONERS OF
ITKIN COUNTY, COLORADO
By:
Date:
EAGLE RENT -A -CAR INC.
By:
Date:
1
Page 17
1111111 1111I IIIHI IIII IIIIIII III 1111111 III 1111111 111111
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FARABEE
By:
Date:
111111I III I I 111111 1111 1111111 111 1111111 111 1111111 111111
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WESTRAC, INC. it 114.11
County's Address:
c/o County Manager
506 East Main Street
Aspen, Colo • • o 81611
Airport's Ad
0233 East
Aspen, Color
RECOMME
Suzanne Konc
County Manag
ess:
ort Road
o 81611
Tom Oken
Administrative rvices Director
ED FOR APPRO1AL:
Scott E.
Direct
mith, A. E.
of Aviati n
PROVED AS T
• John Ely
County Attorney
FORM:
By:
Date:
Page 18
1111111 11111 Bill 111111101111 IIIIIII II IIII
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1111111 IIIII 111111 IIII IIIIIII III 1111111 III 1111111 II 1111
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FARABEE ADVENTURES, INC. WESTRAC, INC.
County's Address:
c/o County Manager
506 East Main Street
Aspen, Colorado 81611
Airport's Address:
0233 East Airport Road
Aspen, Colorado 81611
RECOMMENDED FOR APPROVAL:
Suzanne Konchan
County Manager
Tom Oken
Administrative Servi4es Dir=*nor
Scott E. S ii , A. .E.
Director o via on
APPRO ' D AS TO FORM:
John Ely
County Attorney
Page 18
1111111 11111 111111 II 1111111 111 1111111 111 1111111111111
429732 04/09/1999 12:46P AGREEMEN DAVIS SILVI
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IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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FARABEE ADVENTURES, INC. WESTRAC, INC.
By: ,l(,t�
Date:
County's Address:
c/o County Manager
506 East Main Street
Aspen, Colorado 81611
Airport's Address:
0233 East Airport Road
Aspen, Colorado 81611
f‘‘r t:114- ''4447r6
RECOMMENDED FOR APPROVAL:
S T a Konc
Co Manager
Tom Oken
Administrative Services Director
,4 -1..4•
Scott E. Smith, A.A.E.
Director of Aviation
APPROVED AS TO FORM:
John Ely
County Attorney
Page 18
1111111 "III 111111 IIII 1111111 111 1111111 111111111111 1111
429732 04/09/1999 12:46P AGREEMEN DAVIS SILVI
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