HomeMy WebLinkAboutbocc.con.050.1996 .. . .. '�"-tC�� �� .r..<r��L���.
�,?-....:�:
(Effective O5/O1/96) ,r��'.:j:'
ABPEH/PIT1fIN COUNTY AZRPORT `
ti.
ON-AIRPORT RENT-A-CAR COlSPANY
. . f.
LICENBS I1ND O88 AGREEXZNT
1996--200T�
THE HERTZ CORPORATION r
TIiIS LZCENSE AND USE AGREEMENT, made as of the date last below _ •
signed, is by and between the BOARD OF COUNTY COI�tISSIONERS OF ,
PZTKIN COUNTY, COIARADQ, ("COUnty"), a Colorado home-rule County,
� as Licensor/Permittor, and THE HERTZ CORPORATION, d/b/a Hertz Rent-
-Car (^Licensee" or "Company°), a Delaware corporation, as Licen-
see/Permittee.
WHEREAS, County is the owner, operator and sponsor of the
Aspen/Pitkin County Airport (Sardy Field), located in Pitkin County
in the vicinity of Aspen, Colorado (hereinafter the "Airport"), at
which it has made available certain public airfield facilities. an
airline terminal and facilities, a general aviation terminal and
• facilities, certain areas for public use, certain areas foi
exclusive and non-exclusive commercial use (subject to lease,
license or permit) and certain reserved areas; and
WHEREAS, County has the authority to operate and manaqe the
Airport, to lease and license the occupancy and use of Airport land �•=
areas, buildings and facilities, and to permit and requlate
commercial activities thereon, pursuant to, inter alia, C.R.S.
SeCtions 30-i1-107, 41-4-101 e� sea•, as amended, and Section 8.7
of the Pitkin County Home Rule Charter; and
WHEREAS, Licensee is engaged in the business of a commercial
rental car operator in which service and business it desires to
occupy and use some of the areas and facilities of the Airport for
that purpose; and
WHEREAS, the parties hereto also are parties to that certain
License and Use Agreement dated 10/1/92 ("the IC Aqree-
ment"), as amended and extended, which has expired and is
superseded hereby (except for any continuinq un-released payment
and audit obligations of Licensee thereunder);
NOW, THEREFORE, for and in consideration of the mutual
covenants, terms and conditions contained herein, the County and
Licensee do mutually undertake and agree as follows:
i
/ ' ;:;.
-� r
:�' .
�,r
�� �� t
County/Hertz License and Use Agreement �
1996--2002
Page 2
. �:' .
�
A. LICENSED AREAB� TERlS� Q8E8� REQOIREIiENT6 AND REBTRICTIONB .�,
1. License of Location. County hereby qrants to Licensee, and �
Licensee hereby accepts from County, upon the terms, conditions, �.
obligations and restrictions contained herein and subject to the
rights reserved by County herein or as otherwise set out herein,
the riqht to occupy and use that portion of the Airport, Pitkin
County, Colorado, including buildings and other improvements
situated thereon as shown on Exhibits ��A," "B-1" and "B-2" attached
hereto and incorporated herein by this reference (hereinafter ,r
referred to as the "Location") consisting of the following: ,
a. Rental Car Counter/Booth/Office space No. 4 , Airline -
Terminal (102 sq. ft.).
b. Fifteen f 15) Ready Lot Spaces (of 59 spaces), in of a '
configuration and location as shown on Exhibit B-1, subject to
re-allocation as provided below.
c. 28 42 sq. ft. of Storage Lot Space (of 112,800 sq, ft.),
in a configuration and location as shown on Euhibit B-2,
subject to re-allocation as provided below. !
d. Motor Vehicle Fuel Farm, subject to costs, rules and
" regulations in common with other users of Licensee's classifi-
cation. (x•H•: Licensee acknowledqes that the motor vehicle
fuel farm is scheduled by the County to be decommissioned on
or after October 1, 1996. The right of Licensee and the other
RAC companies to occupy and use this area and facility may be ;��
terminated by the County, without compensation to Licensee, on
that date or thereafter by ninety (90) days' written notice).
e. E�ployee Parking Spaces, upon request by Licensee and if
then-available, subject to costs, rules and requlations in
common with other users of Licensee's classification.
f. Entryways, exitways, driveways and internal circulation
areas appurtenant to the above-described areas, subject to
rules and regulations in common with other users of Licensee's
classification.
q. Areas made available to the public (waiting rooms,
concessions, roadways), subject to rules and regulations in
common vith other users of Licensee�s classification.
The County and Licensee acknowledqe that Exhibits "A," "B-1" and
"B-2" being maps of the Location, are not to scale and shall be
replaced, upon the mutual agreement of the parties, at such time as
scale maps based on actual survey data become available. ,
Any entry on, use of or occupancy of Airport land, buildinqs or
facilities not expressly permitted by this License is prohibited, , - _
i
, t��:,
� .
;
� ;. `,
' County/Hertz License and Use Agreemeht � ' .
1996--2002 �• ;> :
Page 3
,,
c
except by separate express prior written permission from the County ti,
and under such terms and conditions as the County may require.
, � .;;
2. Term. The term of this Agreement shall commence at 6:40 a.m. � �
MDT on May 1, 1996, and expire at 10:00 p.m. MDT on April 30, 2002,
unless earlier terminated as provided herein.
a. No Renewa2. Licensee acknowledges that this Agreement
contains no renewal clause and is subject to the County's r "
stated intent and obligation to expose the Location and rights "
granted hereunder to public competitive selection process at .
the expiration or termination of this term. `
. b. Holdover. If Licensee remains in occupancv and use of
the Location after the expiration of this term with the
consent of County, Licensee's interest in the Location from
and after that date shall be deemed to be month-to-month,
pursuant to the terms and conditions of this License and Use
Permit (including the payment of MAG in the monthly amount
payable for the finaZ year of this term), or as the parties
may otherwise agree in writing, or, if the parties shall fail
to agree, upon such other terms and -conditions as may be
established by the Airport upon ten (10) days' notice to
Licensee.
c. Surrender of Location. Upon the expiration or termina-
tion of this License, Licensee immediaLely shall surrender the
Location to County in good condition and repair, ordinary wear e:.
and usage excepted; and Licensee shall remove all of Licen-
see�s personal property, trade fixtures, equipment or improve-
� ments removable by prior agreement with County from the Loca-
tion and sha12 repair any damage to the Location caused by
such removal. Any personal property of Licensee, or anyone
claiming under Licensee, which shall remain upon the Location
at the expiration or termination of this License shall be
deemed to have been abandoned and may be retained by County as
County's property or disposed of by County ih such manner as
County sees fit without compensation to any party.
3. Acceptance of Location. The Licensee agrees that the Location
either has been occupied or inspected by Licensee at the beginning
of this license term and is accepted and initially will be occupied
by Licensee on an "as is�� basis.
4. Redevelopment of Service Facilitv and Related Aareements. As
a material element of this Agreemenfi, Licensee agrees to redevelop
an On-Airport Rent-A-Car ("RAC") Service Facility, in cooperation
with the other On-Airport RAC companies, pursuant to the following:
a. As provided in the Amended Bid Form (Issued March 27, -
1996) submitted by Licensee on March 29, 1996. -
I
, ' � �'`-� -.. .
� �
e
i
�.�u ,
��;;
�r
' County/Hertz License and [Tse Agreement ��
' 1996--2002
Page 4 , _
�" ,:.
b. As provided iR a Joint Facilities Lease and Redevelopment � ��i,
Agreement between the County and each of the on-Airport RAC '
companies, which will contaih more detailed provisions for the �
redevelopment of a limited-service motor vehicle washinq and
fueling facility and provisions for the use, oacupancy and
ownership of the facility. .
c. As provided in the County Facility IIse Fee Resolution,
which establishes a transaction/day Facility Use Fee that will �,r�`
be cnarged to rental cax customers and then deposited in a ,
£und to reimburse the RAC Companies for capital contributions
advanced by them znd the County for certain legal and admin- "
istrative expenses. •
5. Reserved Rights of Countv. County reserves the following
riqhts with respect to the Location and the uses and operations to �
be conductec3 thereon by Licensee.
a. County reserves the right to unimpeded access over and
across the surface of the Location, except for the buildings !
and other improvements situated thereon; provided, that County �
shall not, in the exercise of this reserved right, unreason- �
" ably interfere with Licensee�s use of the Location. County
shail be entitled to enter upon the Location and into the
buildings and other improvements thereon, 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 �;.,
enforcinq any of County's rights hereunder.
b. County reserves, for the use and benefit of the public,
the right of flight for the passage of aircraft in the air
space above the surface of the Location, together with the
right to cause in and around said air space and on the ground
such noise as may be inherent in the operation of aircraft
utilizing the Airport.
c. County reserves the right to protect the aerial ap-
proaches of the Airport against obstruction, including the
right to prohibit Licensee from erecting, or permitting to be
erected or maintained, any building or other structure or
obstruction on the Location which would, in the discretion of
the county, limit the aeronautical usefulness of the Airport
or constitute a hazard to aviation. .
d. County reserves the right, during the time of War or
national emergency, to lease the Airport or any part thereof,
including the Location or any part thereof, to the United
States Government for military purposes, and, in the event of ..
such lease to the United States Government far military �
purposes, the provisions of this License shall be suspended
I
� t= ..,. .
.. '
n
' .
F�..,...;.,.�.
� County/Herta License and Use Agreement �4,''.��'
1996--2002 �'��'I•�"
Page 5 � � -
._�,;
insofar as such provisions may be inconsistent with the provi- : '
sions of the lease to the United States Government. '�•
e. County reserves the right to subordinate the provisions '�.
of this License, without prior notice to Licensee, to the
provisions of any existing or future aqreement between the
County and the United States Government relative to the opera-
tion, maintenance or development of the Airport which has been r:�.�:.
or may be required as a condition precedent to the expenditure
of Federal funds for the development, maintenance or operation ' r
of the Airport and, if such an agreement is entered into .
between the County and the United States Government, the
provisions of this License shall be suspended and/or automa-
tically modified insofar as such provisions are inconsistent �
with the provisions of the agreement with the United States
Government. If, by reason of any aqreement with the United
States Government as aforesaid, it becomes necessary to '
modi£y, relocate or remove any improvements or other struc-
tures situated on the Location, the Licensee aqrees to modify,
relocate or remove any such improvements or structures as �
direoted by County. If the improvaments removed were lawful �
and permitted, the County shall reimburse Licensee for the
reasonable cost and expense thereof.
f. County reserves the right to direct, in its sole discre-
tion, all activities of the Licensee at the Airport in the
event of an emergency.
g. County reserves the riqht to grant leases, licenses,
uses, permits or rights to other parties to occupy or operate ' ,
on the Airport so long as such other grants do not unreason-
ably interfere, in the reasonable discretion of the County,
with Licensee�s operations. The County acknowledges that
Licensee�s offer to operate this concession was based on a
representation that five (5) on-Airport operators were planned
for the Airline Terminal during the term of this Agreement.
If, through the actions of County or otherwise, that nwnber
increases, the operators shall be entitled to an Equitable
Adjustment. If, through the actions of County or otherwisa,
that number decreases, the County shall be entitled to an
Equitable Adjustment.
h. The County reserves the right to direct Licensee's opera-
tions in the event that such operations are unreasonably in-
terfering, in the reasonable discretion of County, with the -
use by others of the Airport; e•a•, to restrict the use of
"public" areas of the Airline Terminal and public-access
curbs, sidewalks and roadways in favor of the public.
i. County reserves the right to further plan, deve2op,
improve, remodel and/or reconfigure the Airport, including the
Location and existing vehicle and pedestrian traffic patterns,
i
,,ao-:t.
, �,
—, .
.i'
e .
.:� • ��„ : _,
' County/Hertz License attd Use Agreement �;.�� ,
1996--2002
Page 6 A_
` ,.
as County deems appropriate without interference or hindrance `^>
by the Licensee, and County shall have no liability hereunder 1�
to Licensee by reaso» of any interruption to Licensee's ;;
operations on the Location occasioned by such County activi-
ties; provided, however, that County shall consul± in advance
with Licensee on such changes and if Licensee shall be unable .
to conduct reasonably normal seasonal business operations on
the Location by reason of any such County activities, then the
fees hereunder may be subject to Equitable Adjustment during
the period of such interruption. •
j. The County reserves the right, in its sole disczetion, to - -
enter into agreements for the financing or re-financing of the .
Airport and Licensee agrees to cooperate in providinq informa-
tion to prospective lenders and �n providing estoppel certifi-
cates and similar documents, if so requested.
k. County reserves the right to prohibit any commercial or
non-commercial activity by any party on the Airport, unless
that activity has express prior, written permission from the
County.
1. County reserves the right to establish and enforce
" reasonable rules and regulations for the conduct of activities
and uses permitted herein and also to promulgate minimum stan-
dards for the conduct of commercial activities related hereto
incZuding, without limitation, minimum hours of operation if
the County determines that the needs of the traveling public
are not being met.
� m. County reserves the right to refer ail development
proposals hereunder through the established County land-use
application/review process, with costs and fees thereof to be
paid by the proposed developer.
6. Use of Location. Licensee shall use and occupy the Location
solely for the purpose of maintaining a commercial rental car
Location, as defined herein, and conducting a non-exclusive commer-
cial rental car operation, as defined herein.
a. Licensee shall have an affirmative obligation, for the
term oF this Agreement, as it may be extended as provided
above, to conduct a commercial rental car operation at all
times that such service is customarily provided by other
operations of Licensee's classification to the travelinq "
public at the Airport.
b. Permitted uses, if such activities are conducted in a
place and in a manner permitted by the County, are the
following: _
I
/ �';`
r
�- ,
.,�
l' , . _... . �,f,-..
. Y,:`s.;'...
County/Hertz License and Use Aqreement r:
' 1996--2002 :` ;..•
Page 7 •
1) Storaqe, staging, washing, fuelinq and minor ��
preventive maintenance and repair of motor vehicles �;
available for rental, including movement of such vehicles �
necessarily incident to these activities.
2) Staffinq of the desiqnated booth and counter in the
Airline Terminal for the purpose of providinq information
and arranginq for and completing rental transactions.
3) Identification of Licensee booth and counter, ready
spaces and storaqe spaces by signs or 2ogos in numbers, - '
size, color, desiqn, content and type as approved in -
advance in writing by the County.
c. Any occupancy, use, activity, display or product not
specifically permitted herein shall be and is hereby prohibit-
ed, except as by separate express prior written permission
from the County and under such terms and conditions as the
' County, in its sole discretion, shall determine.
7. Re-allocations of Facilities Based on Market Share. Durinq
the term of this Agreement, the number and location of ready lot
" spaces and the size and location of the storage lot spaces for the
on-Aa.rport Licensees, as identified above, shall be re-allocated
a�ong those Licensees as follows:
a. On May 20 in 1997 and every license year thereafter, the
penetration reports due on those dates plus the reports from
the next previous 11 months shall be assembled and the market
share of those on-Airport operators relative to each other
shall be calculated by Airport Staff. In all calculations
hereunder, fractional nutnbers shall be rounded up if exactly
"5" or qreater and down if less than "5".
b. With respect to the fifty-nine (59) available xeady lot
spaces, such spaces shall be divided and re-allocated as
follows:
1) The available spaces first shall be divided by
multiplying that number by each of the market share
percentages of the operators, rounding up and down as
provided above.
2) Next, if this calculation results in .fewer than �
seven (7j spaces for any operator(s) (each ogerator being
entitled to a minimum of seven (7) spaces for the term of
this Agreement), sufficient spaces to result in that
minimum per operator shall be taken from the operators
witt� numbers of re-allocated spaces exceedinq the �
minimum, from largest to smallest, one at a time.
i
� s,
. t
-. �
� �
_..i.
-:.�
's
; `
.. �'�:;��;';
County/Hertz License and Use Agreement w"'
1996--2002 �'�`'�`'
� Paqe 8
3) Those operators then shall be ranked, according to `1
this market share calculation, from the largest percent
to the smallest. This order of ranking, largest to -;~
smallest, shall be the order used, first to last, by the
companies to choose the actual ready lot spaces to be
allocated to them.
4) The use of these re-allocated ready lot spaces shall
commence on July 1 of each year. Addenda to the existir.g
Agreements, includinq calculations of adjusted fees and ,
amended Exhibits, shall be prepared by the Airport and
executed by the Licensees. -
c. With respect to the 112,800 sq. ft, of available storage
lot space, such space shall be re-allocated once, in 1998, by
the same process as that for the ready lot spaces, except:
1) The minimum storage lot space: 13,310 sq. ft.
2) The use of the re-allocated storage lot space shall
commence on July 1, 1998.
d. The County reserves the right to approve the configura-
' tion of the re-allocated ready lot spaces and storaqe lot, in
its reasonable discretion, in order to ensure a reasonable
parking and access pattern for all companies.
8. Reguirements of Licensee�s O�eration. It is of primary
importance to the County that, in the conduct of Licensee's opera- +
tion on the Location, Licensee provide rental car services of
. highest quality to users of the Airport commensurate with rental
car operations of this size and traffic volume at first-class U.S.
destination resort locations. To this end, Licensee agrees to
provide the following services in the conduct of its operation:
a. Licensee shall provide sufficient and adequately-trained
and -supervised personnel, sufficient rentable vehicles and
necessary equipment and supplies to offer rental car services
consistent with first-class national rental car operations in
similar first-class U.S. resort operations. Rented vehicles
must be clean, well-maintained, safe and contain all necessary
safety equipment for mountainous, snow ski season operation
including, during winter season, mud and snow tires rated
"M/S'� and accepted by the Colorado State Patrol under the
then-existing "chain law" for mountain passes. "
b. Licensee shall conduct, direct and supervise in a prompt,
safe and efficient manner all of its traffic on the Airport,
including employee and customer motor vehicle traffic and
pedestrian traffic, in connection with its operations. �
i
, `'
u.. ,
,
�..:
� Count Heztz License and Use A reement '�`"�^`''I
Y/ g �; .,;.,
1996--2002 -
Page 9
�
c. Licensee's employees shall be safety-conscious, ti,
environmentally�sensitive, helpful and courteous at all times, �
consistent with acceptable customer relations practices at � .-
first-class U.S. destination resorts. �.
d. A number of motor vehicles in Licensee's Colorado fleet
shall be licensed and registered in Pitkin County at all
times. Except as amended by state law or procedure, that
number shall be determined by multiplying the total number of ,;
Licensee's Colorado fleet motor vehicles by the ratio of
Licensee's gross revenues to its total Colorado gross
revenues. '
9. Restrictions on Licensee's Onerations. Licensee, in the
conduct af its operation, shall be subject to the following
limitations and restrictions: �
a. Licensee shall park on, store on and rent from the
Airport Location only motor vehicles as defined herein and
only motor vehicles available for rental exclusively from the �'
Location. No other vehicles, including trucks above 5,000
lbs. empty vehicle weight, matorhomes, busses, motorcycles,
trailers, or non-passenger registrations shall be permitted on
, the Airport, without express prior written permission of the
County, in the discretion of the County, and under such fees,
terms and conditions as the County may require.
b. Licensee shall not placa any objects, displays or signs
upon the Location, except of such design, cantent and struc- ��
ture as shall be approved by County, provided that County's `
approval shall not be unreasonably withheld. Any sign
� permitted by County shall, in addition, at all times comply
with all applicable Airport policies, rules and regulations.
c. Licensee shall not conduct rental car Transactions or
establish other Locations, as defined herein, elsewhere on the
Airport or elsewhere within Pitkin County (including the City ,
of Aspen and the Town of Snowv�ass Village), or within the
incorporated boundaries of the Town of Basalt {as the same may
be changed during the term of this Agreement), except as may , '
be separately and expressly permitted as provided herein.
Licensee acknowledqes that the intent and effect of this sec-
tion is to prohibit Licensee from conductinq any rental car .
business within Pitkin County and the Town of Basalt, except
reportah2e business from the Airport as expressly permitted
herein. If Licensee proposes to conduct Transactions or
establish a Location prohibited by this Section, it shall
first apply to the Director of Aviation with a full descrip-
tion of the proposed Transaction(s) and/or Location(s). The
Director of Aviation shall then determine, in his reasonable � -
discretion, whether the proposed Transaction(s) or Location(s) �
/ ��:;;;, .
.
;,
�
' CountyfHertz License and IIse Agreement
1996--2002 ..
Page 10 '_
�
is intended to or will divert business from the Airport . '�
Location, whether the proposal is otherwise in compliance with ,
this Agreement and to what extent the proposal will impact the
Airport Location. If the proposal is in compliance with this
Agreement (by not being, by way of example and without limita-
tion, a diversion of business from the Airport) , the Director
of Aviation shall consent in writing to the proposal and
establish such reasonable terms, conditions and fees as are '.
commensurate with the proposal�s impact on the Airport. `r
d. Licensee shall not knowinqly or willfully divert or . •
permit the diversion of business from its herein-licensed .
Airport Location with the intent of evading Airport regula-
tions, restrictions, requirements, costs, fees or charges.
i
e. Licensee shall not hold or control, directly or
indirectly, any riqhts or obligations in the management,
operations, premises, inventory, ownership, voting or
financing of any other Airport LLP or entity doing business r
on, at or through the Airport including, expressly, any On-
Airport or Off-Airport RAC company with a location within �
Pitkin County or the Town of Basalt; provided, however, that
upon full disclosure by Licensee of all such rights or
' obliqations, the County will consent, in its reasonable
discretion, to the existence and enforcement of such rights
and obligations that either do not affect the County's
interests hereunder in the promotion of competition and the
avoidance of revenue diversion, or that are made subject to ���`
such reasonable terms and conditions as are necessary to
protect County�s interests. For purposes of this section,
� "Licensee" shall include all natural persons, corporations or
other business entities holding or controlling, directly or
ind3rectly, any rights or obligations in Licensee's manage-
ment, operations, premises, inventory, ownership, voting or
financinq.
f. All revenues derived from the conduct of business
prohibited or restricted by this Section shall be includable
£or purposes of percentage of gross revenue calculations and
payments pursuant to this Agreement.
10. Grievance Procedure. The parties acknowledge that it is in
the public interest and to their mutual benefit that a satisfactory
range of rental car services be made available to the public in a '
prompt, efficient and courteous manner. To that end, Licensee and
County shall meet together fram time to time, upon the 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 Licensee from the Location. Licensee `
' � �-
�
;
, -
/ l;,•,
V
-. � ' '
. . . . ., .:. .... . ,
�,
3_,, .
' CountyjHertz License and Use Agreement ��
1996--2002
Page 11 � `_
� `
ti.
agrees to Qromptly undertake such action as may be reasonable and '
appropriate to remedy the situation giving rise to any such � � ��
complaints andJor any operational deficiencies noted by County. � �
B. FEES ANQ CHARGEB� 4AYMSNTB, AND REPORTB AND 71IIDIT8
J:,.��
1. Fees and Charaes. The fees and charqes for the occupancy and -=..Y.��
use of the Location for the term of this License and Permit shall
be due and payable, without deduction or set-off, as follows: �
a. The fees for the Airline Terminal Counter/Booth/Office •
space (102 sq, ft.) shall be based initially on an annual fee
of 3. 6 per sq, ft., subject to annual increases as provided
below, and shall be payable on a current basis in .equal
monthly installments.
b. The fees for ' '
paved Ready Lot Spaces (includinq actual
parking spaces and a nro ata share of entrance, exit and �'
circulation space) shall be based initially on an annual fee �:
of 0.59 per sq. ft. and shall be payable on a current basis `�
in equal monthly installments, subject to annual increases as
provided below. (See Exhibits "B-1," "B-2" and "C") . �
i
c. The fees for unpaved Storaqe Lot Space (includinq actual
parking spaces and a ro rata share of entrance, exit and `
r
circulation space) shall be based initially on an annual fee
of .29 per sq. ft, payable on a current basis in equal
monthly installments, subject to annual increasea as provided
below. {See Exhibits "B-2�� and '�C").
d. The fees for the occupancy and use of the motor vehicle
fuel farm shall be set by and subject to separate agreement by
the parties hereto, plus the fuel farm supplier/operator.
_ "k
e. The fees for the occupancy and usP of the employee
parking spaces shall be the then-current fee set by the
parking operator, which shall be substantially based, in the
reasonable determination of the parking operator, on a propor-
tionate user share of actual oQerating expenses, maintenance,
replacement and improvement reserves and repairs (except for 1a
damage attzibutable to and col�ected from a neqligent party) •�.
payable as the operator may reasonably require. , � ,
f. In addition to the fees and charges set forth above, I
Licensee shall pay, as compensation hereunder for the rights �!
attd privileges herein granted, the greater of: a Minimum ' ��
Annual Guarantee (MAG); or a sum equal to ten percent (SO$) of �'
the Company's annual "gross revenues" and/or "gross receipts" t-�'
derived from its operations, all as defined herein. s ' ,
�;5 i
. ,fi
/ t
•
.; .
:�
' v
. , ,� � ��:��•,�,
County/Hertz License and Use Agreement �, �.�'
1996--2002
Page 12 .
1) The Minimum Annual Guarantee (MAG) for the term of ;�
this Agreement shall be S882,000.00, to be paid monthly
in annual increments as follows: �;'
a) May �96 through April '97, S125.500.00;
b) May '97 through April '98, 5133,800.00;
c) May '98 through April '99, S142.00O.OQ;
d) May '99 through April '00, 5150.700.00;
e) May �00 through April 'O1, 5160.000.00; •
f) May �O1 through April '02, 5170,000.00;
g) For purposes of this Agreement, an "operations
year^ for the Minimum Annual Guarantee shall be May
1 through April 30 annually.
2) The Minimum Annual Guarantee payments or percentage
of gross receipts payments shall be calculated as fol-
lows: On or before the 20th day of the second and each
sucaessive month of the term of this Agreement and the
first month after the expiration or termination of this
Aqreement, the Company shall pay to the County an amount
which, when added to any previous payments for prior
months of the current operations year of the Agreement,
shall be equal to the greater of either one-twelfth
� (2/12th) of the current Minimum Annual Guarantee times
the number of months elapsed in the then-current opera-
- tions year, or ten percent (IO$) of accumulative qross
revenues through the then-current operations year to the
end of the precedinq month. The Company agrees it will
by the 20th day of each month with such payment submit a
statement showing the Company's gross revenue or gross
receipts for the precedinq montn, said statement to be in
form approved or required by the Airport Manager and the
County�s Finance Director and. signed and certified to be
complete and accurate by an employee of the Company
authorized to make such a ;:ertification.
3) Immediately upon tne Company's receipt of revenues
from its activities hereunder, such funds representing
the Minimum Annual Guarantee amounts or percentage fees,
and other fees and charges payable to the County under
the terms of this Agreement, shall be vested in and
become the property of the County and the Company shall
hold and be respor.sih�e for said funds as a Trustee ,
thereof until the same are delivered to the County.
� �....
4 . �
. �
' County/Hertz License and Use Agreement �;,
1996--2002 �,'�y';, ',.
Page 13
i.. ,
g. Definitions for the purposes of this Agreement, including � .,
the calculation of "gross revenues" and "gross receipts" :�,
percentage payments, shall be as follows:
1) "Rental car" or "motor vehicle" shall mean motor
vehicles designed primarily for the carriage of pas-
senqers and commonly classified as sedans, coupes, con-
vertibles, station wagons, sport utility vehicles, four-
wheel drive vehicles, passenger vans or mini-vans, ,
"Suburban"-type vehicles, and pick-up trucks rated one-
ton or less. Licensee shall not park, store on or lease ' -r
from the Location any vehicles except motor vehicles as
defined herein that it owns or leases and are properly �
available for rental as provided herein; except for bona �
fide employee vehicles parked in the employee lot.
2) "Location" shall mean a place: where motor vehicles '
owned or leased by Licensee are parked, stored,
delivered, fueled, washed or maintained; or, where Licen-
see's employees or officials are present to conduct a
transaction(s) relating to Licensee's business and/or do p�
transact such business; or, where Licensee's logo is dis-
played; or, that is advertised for such transactions; or,
. that is equipped for such transactions with, without .
limitation, a computer terminal/printer, credit card
imprinter, or business telephone, FAX or telex; or, where
a rental car transaction is conducted. The subject of .
this Agreement is the "Airport Location."
3) "Transaction" shall mean: the receipt/storage of a �`�
reservation hy or for a customer of a rental car; or, the �
preparation, offering or delivery of a contract for the
rental of a motor vehicle; or, the arrangement for pay-
ment or payment (by cash or credit transaction) for such
rental; or, the delivery of a motor vehicle for rental to
a customer or the return thereof by the customer.
4) "Equitable Adjustment" shall mean a temporary or
permanent adjustment in the revenue and/or the expense
structure of this License that is negotiated by the
parties hereto in response to some future change in
circumstances specified herein. An Equitable Adjustment
may provide for a net increase or decrease in the fees or
charges or non-monetary obligations. An Equitable
Adjustment shall be the minimum adjustment that is ,
commercially reasonable under the circumstances.
5) "Gross revenues" or "gross receipts" shall mean all
amounts received by Licensee, or which Licensee is
entitled to receive, for the rental of motor vehicles
from transactions on, from or through the Airport .
Location or to persons who have deplaned at the Airport ,
/
, '. .
' r
c
:i
;` t
yf°�ry
County/Hertz License and Use Agreement
t^'
1996--2002 �+" :.
Page 14 �"
,'.7;: �
and for all other services and activities performed by , �,
Licensee in, at, upon, from or through the Airport in
connection with its rental car concession and service , �. .
area operating privileges on the Airport including,
without limitaCion, daily fees, mileage charqes and all j:�`
revenue not specifically excluded herein. Gross revenues
or qross receipts to the Licensee shall be deemed _
received at the time the sales, lease or service , _
transaction occurs qiving rise to Licensee's right to � r. <
collect said monies, regardless of whether said
transaction was conducted in person, by telephone, by •,"�
wire (FAX, telex, etc.), by mail or by any other method ".`` ' �
of information transmission, whether the transaction was •
for cash or credit, and if for credit, regardless of
whether the Licensee ultimately collects the monies owed
for said transaction from the customer involved. Any
qross revenues or gross receipts included in the formula s�
for determining percentaqe fees owed the County and ?�
determined by Licensee at a later date to be uncollect- (=; '
ible shall not offset future percentage fees owed the
County. If the initial rental car contract entered into
between Licensee and a rental car customer is subse- I
quently amended, solely because the customer's actual �•�
- time and mileage usage of the rental car vehicle differs �
from the usage contemplated by the oriqinal contract, and
the charges to be paid by the customer are therefore
different from the charges contemplated by the original
contract, the percentage of gross revenues that the
County is entitled as fees hereunder shall be based upon
the gross revenues that the Licensee actually receives or
is entitled to receive, under the amended rental car
contract with its customer.
z
Gross revenues or gross receipts shall not include: -
a) Federal, state or municipal sales taxes r
separately stated and collected from customers;
b) Amounts Licensee receives, or is entitled to
receive, for refueling motor vehicles owned or
leased by it;
i
c) Amounts Licensee receives, or is entitled to ;�.
receive, for charges for insurance coverage, ��. ,
including but not limited to, personal accident ��
insurance, personal effects insurance and collision
damaqe waiver charges; +�!
.� },
d) Amounts Licensee receives, or is entitled to r' ,
receive, for the sale, disposition, loss, conver r<�3 -
sion, or abandonment of Licensee's used motor � , _
vehicles and other equipment, personal property, 1
�,%•. i
.+
!-
/ • i:,..:
� •
�
���,
County/Hertz License and Use Agreement :�
1996--2002 �,..•
Paqe 15
`,: _
and trade fixtures not in the normal course of the �" `
commercial rental car business permitted hereunder; . ��
:. ,
e) Amounts which Licensee receives, or is �
entitled to receive, for the repair of damaqes to �.
its motor vehicles; �"�
f) Amounts received for incidental services i��%
(drop-off fees, inter-city fees, ski racks, baby .
seats, special tires), so long as the fee to the � '!'
customer for such services is reported to the i•'
County and bears a reasonable relationship, in the 6: .
reasonable discretion of the County, to the cost of .
providing the services; and
g) Amounts Licensee identifies as point-of-sale
discounts, refunds or customer service adjustments,
as long as such discounts, refunds and adjustments i
are identified on individual contracts and are part �
of a written Licensee business policy for such
discounts, refunds or customer service adjustments, ��
which policy is approved in advance by the County. h;
- All revenues excluded under this paragraph shall be �
reported to the County and subject to verification and �
audit as provided herein.
h. The fees for booth and counter space, and ready lot and �
storage lot space may be increased by Notice no more often
than annually in common with other users of Licensee�s
. classification. The percentage of such increase shall be no
qreater than the percentage increase in CPI-U.S. Urban-All
Items, or equivalent broad, most-general, nationally-based
inflation-index figure published by the U.S. Government
accrued since the next previous setting or increase.
�
i. If, during the term of this Aqreement, additional areas,
facilities or locations are made available by or permitted by �°
Pitkin County for occupancy and use by Licensee, Licensee and -
County shall enter into good faith negotiations for the ,.
commercially reasonable fees or charges to be paid by Licensee
prior to such additional use and occupancy.
2. Pavments/Securitv. The payments of the fees and charges
required above and the security for those payments and for other "
obligations of Licensee under this Agreement shall be made and
delivered as follows:
a. The monthly installments of fees and charges as provided
above, shall be due and payable on a current basis on the `
twentieth (2oth) day of each calendar month during the license
�
term. The monthly payments of Minimum Annual Guarantee �
y i
/ ,�.. .
"' . �
,,
�;;
�'v4.��?".
County/Hertz License and Use Agreement `:,� �
1996--2002
Page 16 �
,.
amounts or percentaqe fees herein shall be due and payable in ti•
arrears on the twentieth (20th) day of each calendar month .�
during the license term (and for the first month after the � '�
expiration of the term) for the gross revenues or gross
receipts accrued in the next preceding month. If the 2oth day
of the month is a Saturday, Sunday or County legal holiday,
that payment shall be due on the next succeedina business day.
All payments hereunder shall be considered delinquent if not `:m
received by the last business day of the month due. If the .
last business day of the month is a Saturday, Sunday or County . -
leqal holiday, that payment shall be delinquent if not re-
ceived on the next precedina business day. �
All payments shall be made in the office of the Treasurer, 506 ,
East Main Street, Aspen, Colorado, 81611, with a simultaneous
copy to the Director of Aviation. All delinquent payments
shall each accrue default interest on any unpaid and 3elin-
quent balance on the first day of every month so delinquent at t
the rate of two percent (2$) on the unpaid balance, compounded
monthly; default interest shall be due and payable without de-
mand with the next regular payment due. Amounts received
• shall be credited first to accrued interest and then to
accrued and current payments due.
b. Promptly after execution of this Agreement, Licensee
shall deliver to County (and thereafter maintain current for
the entire term of this Agreement) an instrument of perfor- ..
mance and payment security in a form satisfactory to County,
. in its sole discretion, in the amount of one-half (1/2) of the
Licensee's Minimum Annual Guarantee hereunder, in order to
secure the performance of all of Licensee's obligations under
this Agreement including, without limitation, the payment of
the Minimum Annual Guarantee, percentage fees and other fees,
charges and costs as provided in this Agreement.
c. Simultaneously with execution and delivery of this Agree-
ment, Licensee shall deliver to County a cash security deposit
against its obligations hereunder of $1,000.00, which will be
subject to return, without interest thereon, within sixty (60)
days of expiration or termination of this License, in the same
manner and under the same restrictions as provided by law for
the return of commercial lease security deposits. This
requirement may be waived in writing by the County, in its •
sole discretion, in License extensions or renewals for Licen-
sees with satisfactory payment or performance histories.
d. In the event of any delinquent fees or charqes hereunder,
and to the extent thereof, includinq late charges and inter-
est, the Airport shall be entitled to a lien for such amounts
on Licensee's trade fixtures, furniture, equipment and inven-
tory in use at or located at the Airport. i
� '- -
�' _ r
..� .. ��,..
CountyjHertz License and Use Agreement e
1996--2002
Page 17 _
.�
3. Licensee ReDOrtslSooks and Records: Countv�s Riaht to Audit. "�•
The riqhts and obligations of the parties with respect to Licen- •
see's reports and books of account are as follows: '��•
a. Licensee shall file the followinq reports:
1) At the same time that Licensee is obliqated to pay
its monthly Minimum Annual Guarantee fee or percentage of -
gross receipts herein, Licensee shall provide the r'
Director of Aviation with an itemized statement showing
the gross amount of revenues or receipts Licensee enjoyed . -
during the preceding calendar month, broken down by gross .
revenues derived from: (a) the time and mileage arising
from the rental of motor vehicles or other includable
revenue; and (b) revenues from other reportable and/or
excludable business that occurred from the Airport
Location during said month. Said statement shall be
signed and certified as complete and correct by an
official of Licensee authorized to so certify.
2) At the beginning of this term and promptly updated
as often as such forms are changed by Licensee, a sample
copy of all Licensee's rental contract form(s) in use.
3) Within ninety (90) days after the end of every
operations year, and at the expiration of the License
term and prior to the assignment of Licensee's rights
hereunder, Licensee, at its expense, shall have prepared
and filed with the County, Financial Statements from and
relating to this Location, which certain statements shall �
be audited and reported by an independent Colorado-
licensed C.P.A. (or a state-licensed C.P.A. acceptable to
� the County in its reasonable discretion) and shall
include statements of revenues and gross receipts
reportable, includable and excludable under this Agree-
ment. Said Financial Statements, audits and audit
reports shall be completed and certified by the accoun-
tants and auditors to be in accordance with generally
accepted accounting and auditinq principles.
b. Licensee shall maintain full and accurate books of
account and records from which "gross revenue" and "qross re-
ceipts," as defined herein, the amount and nature of all
business transacted on or though the Airport Location and the
amount of percentage rental owed the County hereunder, can be
determined and verified, according to standard and accepted -
accounting and auditing practices. The books of account and
records that Licensee must maintain must include, but need not
be limited to, legible, true and aacurate copies of all
written and electronic records and reports kept in the normal
course of Licensee's business including, without limitation,
all motor vehicle rental contracts and cancelled contract :.
forms, sales slips, cash reqister tapes, credit card invoices,
monthly sales tax returns, sales and disbursement journals, �
� 1� .
.. '
�
,.
�!'�;;�T��i.��:�
� County/Hertz License and Use Agreement E°.�` t
1996--2002 �:�:. �:•';�'
�'....:'` '.;
, Page 18 -
,..
�
general ledgers, bank statements, bank books, bank deposit " ti,
slips, annual federal income tax returns, state sales tax ' •
returns and all Airport-related revenue reports submitted by ',:�,
Licensee to its franchisor and all computer and/or microfilm
or microfiche reproductions of the above. These books and
records shall be maintained on a current basis and shall be
stored for a period of at least thirty-six (36) months from ��-.
the end of each monthly period, or for such longer period of 'i' •`
time as County reasonably may direct in writing. If such
records are not stored within Pitkin County, it shall be
Licensee's responsibility, at its expense, to promptly make �
such records, upon request, available to County, or its �
representatives, in a time, manner and format to the -
satisfaction of the County, in its reasonable discretion.
c. Licensee's financial recordkeeping and reporting system �
for all business conducted on or through the Airport Location
or subject to this Agreement shall include, without limita-
tion, the following: �
1;,
1) Complete, accurate and legible copies of all motor �
vehicle rental contracts (including cancelled and spoiled
contract forms), which contracts shall be pre-printed I
. with consecutive numbers. j
�
2) Adequate financial controls, under generally accept- �
ed accounting principles and auditing standards, to en-
sure complete and accurate recordfng and reporting of all '
revenues, including commissionable revenues. ' �'
3) Daily or weekly reports identifyinq all motor
vehicles (by vehicle make, model and license number),
stored on, available for rental or rented on or through
the Airport Location for those periods throughout the i
term of this Agreement.
4) Any other document or procedure which, in the
� reasonable discretion of the County, is necessary or ��
useful to determine or verify Licensee's obligations '
hereunder. Such new documents or procedures shall be !
used or instituted a reasonable time after written notice
thereof has been sent by the County to Licensee.
d. The County, annually, at the end of the term herein and ,
upon a request by Licensee of assiqnment of its riqhts here-
under, unless expressly waived by the County, may conduct
audits of Licensee's books of account and records, which
audits shall be conducted upon reasonable notice to Licensee '
and during Licensee�s normal weekday business hours. For ,
purposes of this License and Use Agreement, the annual audit
period shall be deemed to commence on May 1 of each year of , _
the Agreement and to conclude on April 30 of the ensuing year.
r- i
/ t,
�
r .
.,:;
'' � t'•`
County/Hertz License and Use Agreement
1996--2002
Page 19 - .
�
�i.
In performinq said audits, County shall be entitled to review, •
and Licensee shall be obligated promptly to provide to the ' ��,
County upon demand therefor, all of the books of account and
records that Licensee is obligated to maintain pursuant
hereto, as well as other records, documents and files in
Licensee�s possession, custody or control during the term
hereof that the County, or its auditor, determine, in their _
sole discretion, are useful, relevant or recessary to deter-
mine or verify the correct amount of reportable, includable -
and excludable revenues and grass receipts enjoyed by Licen-
see, and the correct amount of percentage rental owed by • "
Licensee to the County, for the period involved. Should •
Licensee fail to maintain the books of account and records
required to be maintained pursuant hereto, or should Licensee
fail to deliver and enable County or its auditor to review
Licensee's books and records, and other documents and files,
as required by this subparagraph, said default is agreed by
the parties to be a material breach of this Licensee Aqreement
and Licensee shall pay, as liquidated damaqes for such breach,
an additional amount equal to fifty (50�) percent of the
verifiable costs, fees, payments and charges due from Licensee
hereunder for the period in question; provided, however, that
Licensee shall only pay these damaqes for failure to keep
required records if such requirements are reasonable in liqht
of Licensee's business practices (as such practices may be
modified by a County request hereunder) and generally accepted
accounting principles and auditing star�dards. '
If any audit shows percentage compensation and other fees and
charges that should have been paid to the County by the Licen-
see pursuant to this Agreement were understated or underpaid
for any period involved (including, expressly, revenues from
prohibited or unpermitted transactions, locations or diverted
business�, Licensee shall, within thirty (30) days notice by
County of any such deficiency, pay to the County the full
amount underpaid, plus two percent (2�1 interest per month,
calculated as provided above, an such underpayment from the
time said underpayment should have been paid to the time said
underpayment is fully paid. If the amount of underpayment
exceeds exactly two (2.0�} percent of the total percentaqe
compensation that was owed by Licensee to the County for the
period ihvolved, Licensee, in addition to payinq the County
the underpayment owed and interest accrued thereon, shall
within thirty (30) days' notice by County reimburse the County
for the cost of the audit not to exceed Fifteen Hundred
Dollars ($1,500.00). If the audit discloses overpayment of
the percentage compensation paid to the County by Licensee,
the County shall refund the amount of overpayment to Licensee
within thiriy (30) days of said audit.
The County shall hold all informatio» obtained from any such
audit in confidence, except as may be necessary to enforce the �
I
� , �.., .
r
/
� ��FS
County/Hertz License and Use Agreement r�''%'�-. �'<
199E--2002 :� '
�„
Page 20
j.;: .�
County�s rights under this Agreement, except with respect to ti.
tax procee3ings, and except with respect to any legal require- _;•�. .
ments or Court Order to disclose said information. ',
e. One Hundred �iqhty (180) days after Licensee's annual f `
audit report has been received by the County or, whichever is
later, the date all supplemental documents requested by the -
County have been received by the Caunty, the County shall
release Licensee from any liability for underreporting or • r�`
underpayment hereunder, unless the County shall have qiven
written notice, within that period, of any questions, � � .
objections or exceptions to the statement or any claims for
inadequate or deficient reporting or payment. Once such ; '
notice is giuen, the parties shall expeditiously and in good r�
faith cooperate to resolve the matters contained in the k.
notice(s). '°
�.
f. Prior to any assiqnment, conveyance or transfer by � ,
Licensee of this License or any rights or obliqatians here-
under requirinq approval of the County as requited below, the .
County shall be entitled to an audit as defined hereinabove at �I%,
the sole expense of the Licensee. ;+
. )
C. �iENERAL PROVISZOZIB �
1. Coordination with other Airport_ Users. County and Licensee
acknowledge that each has rights and obligations arising from -
various third-party agreements with other Airport users. County
and Licensee agree to cooperate with each other to effectuate these
. third-party aqreements, so long as such agreements are not illegal,
impossible or do not unreasonably interfere with Airport operations
or conflict with the rights and obligations of the various parties
hereunder. County and Licensee acknowledge their respective -
obligations as signatories under the following agreements: ;
+i
a. Those certain on-Airport RAC License and Use Agreements,
variously dated, between the County and Avis, Budqet, Eagle,
Hertz and Thrifty.
b. That certain Lease and Use Aqreement between the County
and United Express and similar lease or license agreements +
between the County and other Airlines and any operating a.
agreements entered into from time to time between and among , .
the County andjor the Airport's Airlines. '
c. Those certain Lease and Use and Redevelopment Agreements ��
between the County and Aspen Sase Operation, Tnc., the ��
Airport's full-service fixed-base operator. t�j �
f� � -
?`
r
�•
� , �;
� � , �
�
,
i4�::::�;«i.
County/Hertz License and Use Agreement ` j�
1996--2002 (.'' .::;.'..
' Page 21 � '
d. That certain operatinq Agreement between the Couttty and �' �'•
Western Petroleum for the operation of the present motor • ~�
vehicle fuel farm. '� ' '
�.
e. Those certain agreements for off-Airport entered into
from time to time between the County and the various off-
Airport rental car companies.
:":,.
f. Those certain License and Use Agreements and Operatinq
Permits between the County and the Airport's various �� -Y
specialized fixed-base operators. �
g. That certain agreement for paid parking services between •
Pitkin County and APCOA, Inc.
h. Those certain agreements for commercial ground transpor- •
tation including taxis, limousines and buses.
i. Such further and other agreements as the County may amend �
or enter into from time to time in the normal operation oP the �,•
Airport; provided that Licensee shall, upon request, be 4
provided with copies of any aqreements that are connected to
this obligation to cooperate, as set forth herein. (
. {
2. Off-AirDOrt Rental Car oaerators. The County reserves the j
right, but shall not be obligated, to permit other rental car �
companies, with whom the Airport has not executed On-Airport �
License and Use Aqreements, to enter upon the Airport in general, � ,^
and the Airline Terminal in particular, to pick up and drop off
customers, to purchase advertisinq space on the Airport and within
the Airline Terminal, and to establish a courtesy phone system on
the Airport and within the Airline Terminal, all subject to fees
and charges in common with other users of that classification.
�
3. Comvliance with Aoplicable Laws and Revulations. In connec-
tion with its occupancy and use of the Location and the conduct of
' its operation thereon, the Licensee shall:
a. Comply with all applicable laws, rules and regulations of
the United States of America, the State of Colorado and the
County of Pitkin 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.
Licensee acknowledqes 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 as follows: ,
1) Airport Regulations, Title IV, Pitkin County Code; -
, �
� ':,
--• �
County/Hertz License and Use Agreement �°
1996--2002 ,
Page 22
2) Airport operations Plan and Emergency Plan; ��,
3) Airport Security Plan; �.;:
4) Off-Airport Rental Car Regulations;
5) Ground Transportation Regulations;
6) Commercial traffic loop and public traffic patterns
and regulations, as they may be amended from time to `r
time; ;
7) Motor Vehicle Fuel Farm Rules and Regulations; •
8) Car Wash Facility Rules and Regulations; '
9) Airport Minimum Standards for Commercial Aeronauti-
cal Activities;
10) Airport Financial Policy {Resolution 87-56-Aj .
b. Comply with the notification and review requirements of
Part 77 of the Federal Aviation Requlations in the event any
' future structure or building is planned for the Location, or
in the event of any planned modification or alteration of any
present or future structure or building situated on the
Location.
c. Not discriminate aga:nst any person or class of persons `
by reason of race, color, sex, creed, religion, handicap or
- naCional origin in providing any services or in the use of any
facilities 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 governmeutal authority might
demand that the County take for the purpose of complying with
any such laws and regulations.
d. With respect to the parking regulations of the City of
Aspen and the Town of Snowmass Village, Licensee agrees:
1) To distribute with each rental car contract an �
official parking information brochure that is published
and provided free of charge to Licensee by the City of
Aspen and/or the Town of Snowmass Village.
2) That, pursuant to Section 42-4-1110, C.R.S. 19'73, as .
amended, a "reasonable time" within which for the Licen-
see to furnish to the City and Town the name and address -
i
, . '�,
— . �
,
,_.a .
.,.,
N,',.
� i:.:... ....
{:�;ii.;�'•�;.`.,..
�: :r��.,..�-�,-,�
Count Hertz License and Use A reement `�"`4- "�
, Y/ 4 �`•,?;;-_;�...
1996--2002 ! .:, '
Page 23 F,
i!; �
of the person who had custody of the vehicle at the time
of the violation, shall be deemed to be thirty (30) days. �
As a condition precedent to the enforcement of this ' �
interpretation, the City and the Town will be required to
make every effort to provide notification to the Licensee
of any violation as soon as practical after the date of
the violation.
e. Pay all business/personal property taxes assessed against
Licensee�s personal property situated upon the Location and • '-r
all other taxes lawfully assessed against Licensee by reason :
of Licensee�s use and occupancy of the Location in the conduct -
of Licensee's business thereon. •
f. Comply with the rules and practices as set forth in the
current Pitkin County Airport Security Plan as amended from
time to time. Any fines assessed against County by the FAA as
a result of the Licensee's failure to comply with the provi-
sions of this paragraph or other intentional or negligent acts
or omissions of Licensee, its employees or aqents will be paid i•
promptly upon demand to the County by the Licensee.
4. Environmental Qualitv Improvement Plan (EQIP1 . Pitkin
County's stated goal is to plan for the reduction and continually
reduce environmental degradation caused by the Airport's rental car
operators in all areas including, without limitation, pollution by �
CO, COZ, CFCs, particulates, other internal combustion engine
emissions, traffic congestion, gasoline consumption and fillage
fumes, and car wash waste water. ''
It is the express intention of the County that all County lessees,
licensees and permittees (LLPs), includinq specifically the Airport
rental car operators, strictly comply with all environmental rules
and requlations and be sensitive to all present and future environ-
mental issues. The County gives notice that environmental compli-
ance and sensitivity to environmental issues are and will be sub-
stantial factors in future performance reviews and procurements.
Licensee acknowledges that the County considers the followinq EQIP
to be a material element of this Agreement and a breach of obliga-
tions thereunder to be a material breach.
Until April 30, 2002, Licensee shall diligently accomplish and/or
comply with an Airport Environmental Quality Improvement Plan
(EQIP) as follows:
a. Promptly after the execution of this Agreement, Licensee
agrees to institute the following on-Airport operational prac-
tices: „
1) Licensee shall maintain on or rent from this Loca-
tion only current model year or next prior model year �
I
i .- .
, '�
,:
ti j'';r+
' County/Hertz License and Use Agxeement ,�;�'•���.::;;.,�-
1996--2002 p-;,;.:'::. :-'::;.
Page 24 F',�'
vehicles. Such cars shall be certified for high altitude ��{�� �''
,: �..
operation when placed into service and thereafter certi- •
fied as otherwise provided by federal, state or local ' `.-,,
law. All maintenance shall be performed on the cars when
and as recommended by the manufacturers. �:"�.:
2} No cars in control of Licensees' employees during �-
all of its operations, including washing, fueling and �'�'``
moving, shall be permitted to idle for longer than one �.
,:�.
minute, but shall instead be turned off and restarted.
�,;
3) During fueling operations, Licensees� employees :�``' � '
shall take precautions to avoid spills, especially - •
arising from "topping off." Fuel with emissions-
reduction additives shall be used as soon as �enerally �;;.'
available.
4) In washing operations, Licensees shall use only �qt
biodegradable deterqent or no detergent. �'.; '
,
5) During fueling and/or washing operations, Licensees' ��'
employees shall regularly check tire pressures and, if �� ��
pressures are inadequate, shall inflate the tires to the ''!
proper pressure. a •
, ,
6) Chloroflourocarbons (CFCs).
aj Licensees shall purchase and place into
,�:
service at this Location vehicles with no-CFC or
reduced-CFC air canditioning promptly durinq the
first model year such vehicles are available from
� their respective manufacturers for fleet purchases
• and thereafter as available.
bJ All repairs to air canditioninq systems shall
be done on certified recovery systems by certified �� :
mechanics.
c) No aerosol products are to be used in opera- 'R
tions and maintenance.
d) Licensees shall be permitted at their booths ,
to advertise availability of non-CFC or reduced-CFC ;
cars, in signs approved by the County hereunder. .�j, _
. =�
7) Durinq all operations, Licensees shall recycle all
hazardous materials, as provided by law or regulation, ��
and shall maintain and use recycling bins at wash and/or '�'�
fueling facilities. ��
b. Promptly after the execution of this Agreement, Licensee ,
agrees to institute the following informational actions: �'1
�f�.'i+' i
;t �
.a,
�
• , �
' � .
�i' .
� 4.y'`...{����.
�� t '
County/Hertz License and Use Agreement v�t
1996--2002 `
Page 25 ` �-
;:
� `
1) Licensees shall ?.ssue instructions on the foregoing i,
operational requirements to employees, in English and � '
Spanish. �� , ��.
2) Licensees shall be required at their counter/booths
to provide standardized auto pollution information to
Customers, in siqns approved by the County hereunder. - -
5. Airport Master Plan attc� Terminal Ground Traffic Proiect. In i•':r
furtherance of the Reserved Rights of County hereunder, set out in
Section A.S., above, the parties agree as follows: .
a. Licensee acknowledqes that the County has adopted an '
Airport FAA Master Plan (and supporting Capital Improvement
Plan) that provides far the planning, design and construction
of a project to reconfigure all motor vehicle qround traffic
access, circulation, staqing and parking at and around the
Airline Terminal. '
Such project, which the County advises is very likely to take �=i'
place within this License term, will include changes to the �
pub2ic and commercial traffic circles and the paid parking �
area size and configuration, and may include chanqes to
_ Licensee's Location, includinq the size and location of the '�
rental car ready lot and storage lots.
Licensee, along with other On-Airport RAC operators and
affected Airport LLPs, will be provided reasonable opportunity
for comment at the planning and design staqes of such Project.
Licensee shall cooperate with the County and its representa-
tives in the planning, design, construction and implementation
of said Project.
� ,
Claims by Licensee against the county as a result of such
Project shall be limited solely to unreasonable interference
with its business activities caused by construction and
implementation of such Project or, in the event of an actual
reduction in the number of Licensee�s ready lot spaces caused
by such Project, a pro-rata reduction in fees for those spaces ttt
and MAC. �
b. County reserves the right to develop and implement or +
permit a public mass transportation plan on the Airport,
includinq, without limitation, the following elements: instal- , , '
lation and/or designation of a transit right-of-wayjs) upon ''
the Location, without compensation to Licensee, provided said �
right-of-way does not substantially interfere with Licensee's �!
operations; and cooperation with public or private mass- ��
transit operations including, without limitation, the Roaring :� .
Fork Transit Agency or proposed tramway development.
;� � ', -
i
� �' ,
^ � . .
n
�
;� ,
,
, ,.� , ,. ,, ,.,,_ .
. ,
, . ._ , „. , . ., -. .
t
., 1.,,u�..
���`:.�,�'.;.�
� County/Hertz License and Use Aqreement #;-`. .
1996--2002
Page 26 „
c
6. Modifications. Alterations and Im�rovements. The Location may :;,
be modified, altered or improved by the parties under the following
procedures, terms and conditions: ;�
a. By Licensee: Licensee shall make no modifications,
alterations or improvements to the Location or to the
buildings and other structures situated thereon without the
prior written consent of County and upon such terms and
conditions as County shall require, in its sole discretion. .
Any improvements and alterations to the Location and to the
buildings thereon with respect to which County has given its ' '
written consent, shall be done at Licensee�s sole cost attd •
expense and Licensee shall not cause or permit any statutory
claims or liens to be filed against the Location or against
the buildings or other improvements thereon by reason thereof
and hereby does indemnify the County against all costs and
liabilities arisinq from such claims or liens filed as a
• result of,Licensee�s activities.
Any such improvements oi alterations to the Location made by
Licensee shall become the property of the County upon the
- termination of the License and shall be surrendered with the
Location and as a part thereof, unless otherwise agreed upon
in writing between the County and the Licensee.
b. By County: The County may make modifications, alter-
ations or improvements to the Location, after reasonable
notice to and comment from Licensee, if such modifications,
. alterations or improvements do not result in permanent
unreasonable interference with the conduct of Licensee�s
business thereon and therefrom.
7. Utilities. County shall, at no additional cost to Licensee,
provide common heat, water, trash removal from areas open to the
public, lighting and ventilation in connection with the Licensee's
booth and counter in the Airline Terminal. All other utility
services and charges, including telephones, shall be provided by
Licensee at its own cost. Licensee shall permit no liens or claims
against the Location arising from unpaid or disputed utility bills
and hereby does indemnify the County from costs or liabilities
arising therefrom. If, during this License term, the Airport is
required to increase its water, sewer, gas or electric service and
such increase requires a capital contribution from the Airport,
Licensee, if it consumes the increased utility, agrees to pay a
pro-rated, reasonably-amortized portion of said increase, which
amount will be set by agreement or binding arbitration.
8. Maintenance and Repair. With respect to the maintenance and
repair of the Airport Airline Terminal and area, including the RAC
Locations, the County and the Licensee shall have the following
obligations: � ,
i
1..,._. .
!
. �
a-
:, .
��ji
CountyjHertz License and Use Agreement +' `�
1996--20�2 �;,;, i�:''
Paqe 27
`',:,
a. County shall, at County's own expense, keep the structure � ,
and exterior of the Airline Terminal and the interior common :rr ~
areas in good condition and repair. � '
b. Licensee shall, at Licensee's own expense, maintain the � �
remainder of the Location, including the interior of the
buildings and any structures or facilities used by Licensee, -
in qood repair in a picked-up, neat, orderly and safe
condition and in accordance with first-class maintenance ' �
practices and in common with other users of Licensee�s � .'
classification. ::�_ . -
c. Licensee shall not cause nor, when advised thereof by the
County, permit any dangerous or hazardous condition or
nuisance to exist related to the use and occupancy granted �"; .
herein.
9. Snow Removal. with respect to the maintenance and repair of •�
the Airport Airline Terminal and area, including the RAC Locations, �`•
the County and the•Licensee shall have the following obligations: •�;,�
a. County shall, at County's own eycpense, and subject and � a�
secondary to County�s obligation to maintain clear public
airfield facilities and runways on the Airport, remove the �
� snow from those areas of the Locatian which are open to public
use and which are utilized for the passage, parking and
storage of motor vehicles in the sa;ne manner, sequence and
extent as CounCy performs snow removal on portions of the �3'
Airport in general; provided, that County shall not be
required to move or relocate parked vehicles to accomplish ,
such snow removal.
b. Licensee sha11, at the direction of the County, move or
relocate its vehicles to assist County in County�s snow
removal obligetions set forth above. Licensee shall further,
at Licensee's own expense, effect the snow removal in all
other portions of the Location, including the removal of snow
under and about the parked vehicles, the buildir�gs, the �
walkways, and the other portions of the Location which cannot
readi.ly be serviced by the County�s then-existing general snow
removal equipment.
10. i.�censee's Persona2 Property/Trademarks. All personal proper- '
ty, equipment, furnishinqs, decorations and trade fixtures placed '�� •
upon the Location by Licensee shall be at Licensee's sole risk, and •` "
County shall nat 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.
Licensee represents that it is (and will be for the entire term �. '
hereof) the owner of or fully authorized to use any and all �;'F ;
:'i
7,},.
;t
��
, ,1:: .
, �
. ,
. .
-r-a. ,.. .: , �.
... ,... , ��
... . ,,..._ , .., .
� r
v:t.' .>,;'
c�;;,:.,
County/Hert2 License and Use Agreement
, 1996--2�02
Page 28 -
.<
�..
services, processes, machines, articles, tradenames, trademarks, '
logos or slogans to be used by it in its operations under or in any ��. '•
way connected with this Agreement. Licensee agrees to save and
hold the County, its of£icers, employees, agents and represen-
tatives free and rarmless 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
from any alleged or actual unfair competition or other similar ",Y�`
claim arising out of the operations of Licensee under or in any way
connected with this Agreement. _
11. Substitution of Pitkin Countv Airport FaCilities. County may '
build or provide, or cause to be built or provided, substitute
facilities at the Airport. In the event of the construction and
occupancy of new or substitute facilities at the Airport during the
term of this Agreement, the followinq shall apply:
a. County agrees to set aside booth and counter space, ready i.
lot and storage lat spaces for use of Licensee.
1) Licensee agrees to relocaYe operations from the
Location to the new or substituted facilities at its own
_ expense and to thereafter conduct its operations there- ,
from. The new or substituted facilities shall be com- r
parable to the previous facilities or better in terms of �
size, location and finish, all in the reasonable discre-
tion of the County. 1 ,�
2) Upon such relocation, County shall have the right to
demolish or use the existing Airline terminal buildinq or
other buildings or facilities located on the Location as
it sees fit.
[
3) The fees provided for in this License sha21 be '
subject to Equitable Adjustment to reflect the substitu- �
tion of space for the existing terminal bui2ding and �,
facilities located on the Location. In the event County ,
and Licensee are unable to agree to such adjustment, then
such adjustment shall be determined by a qualified real �
estate appraiser selected by the mutual agreement of
County and Licensee, with the appraisal cosCs to be
shared equally by them.
4) Except as modified by the substitution of facilities
and the fee adjustment as provided for herein, this
License shall continue in full force and effect without �;
chanqe or modification until the expiration or termina-
tion of the license term.
b. If, in the opinion of County, the Location shall be � -_
wholly or partially required for other operations of the �
Airport or if the use of the Location should be changed or ��
I
i
i
i.
� , �,
. •
�
.,. .
. /�,�5 T f��l'
County/Hertz License and Use Agreement �
1996--2002 f '
r -
Page 29 �
abated by reasott of other operations of the Airport, then the "` `'�
1.
following shall apply: '
:r'.�
�
1) County shall substitute for the Location another �
area at the AirporC of equivalent size and with com- "
parable facilities and shall, at County�s expense, �
provide thereon facilities reasonably comparable to the _
facilities existing on the Location, includinq, but not
by way of limitation, the buildings, structures, paved , _ �
areas, vehicle parking areas, utilities, and other r
improvements, either by the relocation of the existinq .��'
facilities andJor by the construction of new facilities. ��`- - �
�' .
2) Licensee agrees to accept such other area at the �!, .
Airport and the facilities to be provided thereon by i'
County in substitution for the Location and agrees Co }�: �
gromptly relocate its operations to such other area at �`
its expense. Rti,
3) County shall schedule the preparation of such �;: t•
substituted erea and shall effect such substitution and
relocation of the Licensee�s operations in such manner as
shall nat result in the unreasonable interruption of the +
. canduct of Licensee's operations. -
J
12. Destruction of Buildincrs and Other Improvements. If the `
buildings and other improvements upon the Location shall be
rendered untenantable by f.ire or other casualty, County shall, at
County�s cost (subject to and secondary to Licensae's obligation,
if any, to provide fire and casualty insurance for the Location, as
provided below), restore and repair the same to tenantable condi-
� tion as speedily as possible and the fees and charqes for the
occupancy of the untenantable space shall be abated, in whole or in ^
part, during the period of such restoration and repair according to
the portion of the buildings or othez improvements so rendered
untenantable; except that there shall be no abatement of rent if �
such fire or other casualty shall be caused by the intentional acts
or negligent acts or omissions of Licensee, its agents, employees,
invitees or licensees.
Notwithstanding the foregoinq, County shall not be obligated to
expend in the resCoration and repair of any buildinqs or other 3
improvements so damaged by fire or other casualty in excess of the
insurance proceeds received by County by reason thereof. If such }
� insurance proceeds are insufficient to pay in full the costs of �; '
such restoration and repair, County shall not be obligated to
undertake such restoration and repair unless Licensee shall agree �
to contribute to the costs of such restoration and repair in an '�'�'
amount equal to such deficiency. �;�.
��/ i'
�... Y'
s
�.�
i '�
�. ` �
a
:�
STj','�r.
County/Hertz License and Use Agreement e� "��.�
s";,p.:
1996--2002
Page 30 ' •
, `
13. Indemnitv and Insurance. The rights and obligations of the ti,
parties with respect to the indemnities and the provisions of •
insurance are as follows: �, ,
a. The Licensee, (including, by definitian here and herein-
below, the Licensee's employees, officers, agents, represen-
tatives, contractors and invitees) shall release, discharge, _
indemnify and hold harmlass the County of PitKin and its
officials, employees, aqents and representatives from and • r.�`
against liability for any claim, demand, loss, damaqes, penal-
ty, judgment, expenses, costs (including costs of investiga-
tion and defense), fees (including reasonable attorney and ' �
expert witness fees) or compensation in any form or kind what- •
soever for any bodily injury, death, personal injury or
property damage arising out of or in connection with any
intentional act or negligent act, error or omission by the
Licensee, or for any resu2ting liability alleged to accrue
against the County on account of the Licensee's acts, errors
or omissions; provided, however, that such indemnity shall not �
be construed as an indemnity Por bodily injury or property !"
damage arising from the negligence or intentional acts of the �
County or its employees. '.
b. The Licensee further shall investigate, process, respond
to, adjust, provide defense for arid defend, pay or settle all •
claims, demands, or lawsuits related to its acts, errors and ,
omissions hereunder 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. �.���
� c. To fund this indemnity, in whole or in part, the Licensee
shall secure and maintain far the term of its contractual
relationship with the County such insurance policies, from
companies licensed in the State of Colorado, as will protect
itself, the County (with the County named as additional
insured), and others as specified, from claims for bodily
injuries, death, personal injury or property damage, which may
ari5e out of or result from the Licensee's intentional or
negligent acts, errors or omissions. The following insurance
coverage, at or above the limits indicated and including such
endorsements as are indicated by an "X", are required:
1) Statutory Worker's Compensation -- Colorado stat-
utory minimums .
2) Commercial General Liability -- Policy Limits: Bodi-
ly Injury/Property Damaqe Combined Single Limit of
S1,000.000; Deductible: No greater than $1,000.00;
i
' . ``' .
� �
-:..
; . -
y. , ,,�..... . :
. ... , � ,:. , .. . ,,. ,, . .,.. ..
. . ... ... . . . . . . . . . - .. . . . . . . _. .. . Y
��
^!� �;�
[�.'•:��'i
County/Hertz License and Use Agreement k' -� .;�`;::,
1996--2002 �'�' `' .
� Page 31
;;., .�
� .
Endorsements: � "
.' ;
x Comprehensive Form (All risks)
x LocationjOperations i `:
�c ProductsiCompleted Operations
x Broad Form Blanket Contractual (Hold Harmless '
Coverage) f ,�
�. Independent Contractors and Subcontractors • ,r.
x Broad Form Property Damage
x Personal Injury, with Employment Exclusion Deleted .
�' ; _
3) Comprehensive Motor Vehicle Liability Insurance -- �
Policy Limits: Bodily Injury/Property Damage Combined ��
Sinqle Limit of S 1.000.000; Deductible: no greater than [��
$1,000.00; {:.''
j'
Endozsements: �
x Any Auto !' �
x All Owned Autos r���
x Hired Autos �%,
x Non-Owned Autos �
� Garage Keepers �
. i
4) Special Coverages -- ,'
x (1) Performance Bond: as set forth hereinabove
x (2) Building contents: to the full replacement
value of Licensee's equipment, trade fixtures
and personal and business property (may be
waived by County upon separate, express,
� written assumption of risk by Licensee)
x (3) Business interruption: the full value of
Licensee•s extra costs and lost profits for 60 -
days' interruption of operation (may be waived
by County upon separate, express, written f
assumption of risk by Licensee)
d. To provide evidence of the required insurance coverages,
copies of Certificates of Insurance in a form acceptable to
the County shall be filed with the County (through the
Director of Aviation) no later than ten (10) calendar days +
prior to commencement of operations affectinq the County. �,
� •
Failure to file or maintain acceptable Certificates of Insur- '
ance with the County is agreed to be a material breach of any
contract and grounds for termination. These Certificates of �!
Insurance shall contain a provision that coverage afforded ' ��
under the policies will not be cancelled or materially altered f:�
unless at least thirty (30j calendar days prior written notice �z':y
by certified mail, return receipt requested (effective upon y ' � _
proper mailing), has been sent to the County (through the �k, �
Director of Aviation). (For purposes of this provision,
'a
!,.
� .
. ,
e
�..
�u
County/Hertz License and Use Aqreement ra'
1996--2002 S ,`,::'`,'°'
� Page 32 i,... ,°:."
"materially altered" shall mean a change eliminating or .- '
reducing the types or amounts of coverages available for tlie '`�
protection of the County and required herein, includinq a y �.• -
change to policy limits as set out in the then-current policy �'•.
declarations page.)
e. In addition, these Certificates of Insurance shall
contain the following clauses:
1) The clause "other insurance provisions," in a policy " rr'
in which the County of Pitkin is named as an insured, ! :
shall not apply to the County of Pitkin. . •
2) The insurance companies issuing the policy or �
policies shall have no recourse against the County of
Pitkin for payment of any premiums or for assessments ,
under any form of policy.
3) Any and all deductibles in the above-described in-
surance policies shall be assumed by and be for the ci,
amount of, and at the sole risk of the Licensee. k
4) Location of operations shall be: "all operations and �
� areas on the Aspen/Pitkin County Airport conducted by or
used and occupied by Licensee."
�
f. County shall procure fire and extended coverage insurance �
and boiler insurance covering the buildings on the Location ,
for the full replacement value thereof. County shall maintain ; ��
such insurance in full force and effect during the term of V
� this License and shall furnish Licensee, at Licensee�s �
request, with a copy of a certificate evidencing the issuance j
thereof.
1..
14. Rights of Seizure. County shall not be liable in any respect '
to Licensee in the event of any seizure of all or any part of the
Location, 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 fees provided
hereunder shall abate during such period of seizure to the extent
that such seizure shall interfere with Licensee's ability to
conduct its business upon the Location.
15. Assignment. Licensee shall not, by act or operation of law,
assign this License and Use Agreement, any interest herein, any �
right or obligation of Licensee hereunder, or a controlling
interest in the ownership or operation of Licensee's business
entity, without the prior written consent of County, which consent
shall not be unreasonably withheld. In support of its right to
approve proposed assignments, the County may require, in advance of
any proposed transaction restricted hereby, Licensee to provide
evidence of the successful relevant business experience and ' --
I
i ��;,
� . r
6
/
_--- �...�.�
t.?:
County/Hertz License and Use Agreement '�"`��'�`
1996--2002 �� '
Page 33 ,
business and financial stability of the assignee/transferee, in the `
County�s reasonable commErcial discretion, and an audit of and full
payment of all costs, fees and charges to the effective date of the -
proposed transaction. '.
For purposes of this provision, an "assignment" sha21 include any
sale, grant, conveyance, transfer, sublicense, encumbrance or
similar transaction, however styled, disposing of or creating
rights or obliqations in third parties affecting this Agreement.
Examples of transactions covered by this restriction include, ;+'
without limitation: any assignment for security purposes; any
assignment to or by a trustse or receiver in any federal or state , •
bankruptcy, receivership or other insolvency proceeding; any .
assignment of all or substantially all of Licensee's assets; and
the assignment, in one or a series of related transactions, of
15.0� (fifteen percent) or greater of the Licensee�s votinq stock. ,
16. Relationshin of Parties. It is the intent and agreement of
the County and the Company that they shall have the relationship
respectively of Licensor/Licensee and Permittor/Permittee hereun-
der, 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 Ioss which may result from the
operations of Licensee upon the Location or for any indebtedness
� incurred by Licensee in the operation of its business on the
Location or for the claims of tnird parties against Licensee in the
conduct of it� business.
r
In addition, County shall not be liable in any manner to the ,.
Licensee for any damages the Licensee may incur due to the '
inability of the County to deliver possession of the Location, or
any part thereof, to the Licensee for reasons beyond the reasonable
control of the County.
17. Non-Liabilitv of County's Aaents and Etnolovees. No official,
agent, or employee of County shall be personally liable to Licensee
in the event of any default or breach hereunder by County.
18. Default and Termination: The standards and procedure for
declaration of default(s) and termination of this Agreement shall
be as follows:
a. The following events are to be considered Incidents of
Default hereunder:
1) Failure to make full and timely payments of Minimum
Annual Guarantees, percentage fees or other fees or
charges due and payable hereunder; or
2) The creation, maintenance, failure to correct or
sufferance of a dangerous or hazardous condition on or "
emanating from the Location; or ' --
: i
i
� �.,
� '
,
.;;., .,
. ,;.. ,.. ... .
...,
, , _ . ;.
��,:, ;i`;
:;t�� �.:,
. County/Hertz License and Use Agreement ! r
1996--2002
+ .: :s:
Page 34 . - �
i: .�
3) Failure to provide and maintain current all required . �`:
types and amounts of insurance and proof thereof; or • �
�
4) Loss or surrender by Licensee of its franchise
rights under its national system license.
5) Making an assignment, conveyance or transfer of its "
rights and obliqations hereunder withaut the consent of
County; or "Y
6) Making or becoming subject to a voluntary or _ -
involuntary petitiott for receivership or bankruptcy, .
declaration af insolvency or assignment for the benefit
of creditors; ar
7) Failure to comply with any other obligation under
this License and IIse Agreement.
b. Notice of Aefault/Right to Cure. The party aggrieved by i,.
an Zncident of Default hereunder shall declare a default here- �
under by delivering a written Notice of Default to the other
- party (and its surety, if applicable}, which Notice shall r
specify the incident(s) of Default asserted and a specific �
cure therefor. After the effective date of such Notice, the
time periods for cure shall be: '
i
1) Within three (3) business days if the default is �
maintenance of a hazardous condition or failure to main- �.�'-
tain and/or prave required insurance coverage{s); or �
2j Within ten (10) calendar days if the default is �
failure to make full and timely payments hereunder; or
3j Within twenty (20) calendar days if the default is
in the performance of any other obligation or conditions
to be performed under the provisions of this Agreement.
If, in the discretion of the agqrieved party, the cure
required cannot reasonably be completed within the foregoing
time periods and the cure is promptly undertaken by the
defaulting party and diligenily prosecuted, the aggrieved
party will, upon request and proof of these mitigating cfrcum-
stances, extend the period to cure by a reasonable time. In
the event of multiple Incidents of Default, the cure periods '
above sha11 be concurrent, not consecutive.
c. Notice of Termination/Right to Re-enter. If such Inci-
dent(s) of DefaUlt are noticed as provided herein and remain
uncured after the cure periad specified, the aggrieved party `
may thei'eafter terminate this Agreement and the defaultinq ��
party's rights hereunder by delivery of written Notice of ' -
Termination to the defaulting party, which Notice shall be i
r
j._, .
_ - ;
, .�
;�.;:;wr;;:;:
County/Hertz License and Use Agreement ��,.:':'+'':`.�'
,t... .
. 1996--2002 �"::�':*:'.�::
Page 35 �`..
effective on the date delivered to the defaulting party. Upon � �
termination of this Aqreement by County, County may re-enter '��
the Location and remove all persons and property therefram, ,,.��,•
using all necessary force to do so. �'.
d. Remedy Not Exclusive. The parties shall have such other
rights and remedies as may be provided for by law or in equi-
ty, including damaqes.
19. Notices. All notices required or authorized to be given `':r
hereunder shall be in writinq and shall be served upon the party
entitled thereto either by personal delivery to such party or by i. , _
certified mail, return receipt requested, addressed to such party ?
at its address appearing on the signature page of this License �
(with a copy delivered to its Airport Terminal booth), or at such .
other address as either party may so notify the other party of in .
writing. Any such notice shall be deemed to have beea recaived on
the date so delivered personally to the party entitled thereto or
three (3) business days after the same has been properly deposited , _
in the United States mail, with postage thereon fully prepaid, as 4�.
aforesaid.
1
• Z0. Reoresentations of Licensee, Licensee represents and warrants �
to County as follows:
M
a. Licensee, and those individuals executing this License on `
behalf of Licensee, represent and warrant that they are f
familiar with Section 18-8-3oi, et rea, 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 ±
thereof are present. �
b. Licensee, and those individuaZs executing this License on
behalf of Licensee, represent and warrant that to the best of �
their knowledge no employee of Pitkin Coanty has persanal or
beneficial interest whatsaever in this License or in the
business to be conducted upon the Location by the Licensee.
21. General Provisions.
a. This License contains the entire agreement of the parties
and there have been no oral or written pzomises, representa-
tions or agreements, either express or implied, except as
expressly set forth herein. Any and all prior agreements or •
understandinq between the parties are expressly agreed to have
merged herein.
b. The provisions of this License shall be severable and the
invalidity of any provision hereof shall not affect the
validity of any other provision hereof.
i
. -
�� .
.-. ,
� " ,
� .
.,,, .
,� �..:
K.,i
" �.�.:?y",,:'.
County/Hertz License and Use Agreement
1996--2002
Page 36 �
�
c. This License may be modified or amended or supplemented ~�
only by an instrument in writing signed by the parties hereto. '
The County�s representative for the administration of this
Agreement shall be the Director of Aviation or his/her
designee in writing; provided, however, that all matters .
affecting material terms of this Agreement, including term,
fees and charges and use of Location by Licensee, shall only
be modified or amended by a writinq approved by a Resolution
of the Board of County Commissioners at a duly-noticed public ?'
meeting.
d. 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 either party of any right or remedy hereunder shall
be effective unless in writing signed by the party.
e. The parties agree that this Agreement was negotiated by
the parties hereto mutually, that each has had adequate
opportunity to review this Agreement and to consult with legal ,
and other counsel, and agree that no legal presumption shall
arise as a result of the identity of the drafter of this
Agreement or any presumed unequal status arising therefrom.
f. If either party to this Agreement incurs attorney's fees
and/or costs in connection with the declaration of a Default ,
hereunder or any other legal proceeding to interpret, protect '�'-
ar enforce any of its rights hereunder, the party prevailing '
in such proceeding shall be entitled to recover its reasonable
attorney's fees and costs in connection with such proceedinq.
g. This License shall be governed by and construed in accor-
dance with the laws of the State of Colorado and venue is
agreed to be exclusively in the courts of Pitkin County,
Colorado.
h. This License shall be binding upon and shall inure to the
benefit of the parties hereto and to their properly qualified
successors and assigns.
i. This License shall be executed in duplicate originals,
with one original to be held by each party.
22. Authority of Licensee's Renresentative. As an inducement to
the County to execute this Agreement, the undersigned officer of i
Licensee represents that he/she is expressly authorized to execute •
this Agreement and to bind Licensee to the terms and conditions
hereof and acknowledges that the County is relying on this
representation, authorization and execution. �
(Signatures on following pages) !y i
I
I
, ,-;. .
� .
:. � „ . . . � . .. . ... .. . �.. , ".• .. ., .... -�r: L.._�_ ,. .�
k�t y,.
ti '
County/Hertz License and Use Aqreement ��ro� � '
1996--2002 �','7+.":�;'! '
Page 37 �,,_ .:#:''�i'.
.
r
IN 1fITNE88 WHEREOF, the parties have executed this Agreement, as follows: � '�;
;•'�;' �.,�
countv: Licensee: �Y - �
i��
THE BOARD OF COUNTY COl9�SISSIONERS THE HERTZ CORPORATION, a
OF PITKIN COUNTY, COLORADO Delaware corporation ac•'%�
:,::r.. �
gy: � , /-'^`'i—______�f tf 9G By / 6/12/9 6 G��� -
mes R. True, Chair (D ) Vice Pr gt, ( `itle) (Date) �: ,
Airport Relation i�, "
�.,:
ATT T: ATTEST: ��
. : �',i'� ; 1'"` iit'.
,S'!�N��y�. ,.2.,�
� '�: �
a. \.= � �'� �
- 'd^�-� � ii " ' 6f�/96 �:,.
P' in County lerk (�Saa ,j sst. Corporate Secretar ':,.,�.',, "� (=�e�,�1j' ,'',''
� �'�zoRA . �.. y(,.', ��
.y�,:,"3Nk..�•"� �
I
Countv's Address: �,icensee's Address (for receipt .
of mailed Notices hereunder):
c/o County Manager
506 East Main Street 225 Brae Houlevard
Aspen, Colorado 81611 Park Ridqe, NJ 07656
]►ttn: John E. Blake
Senior Vice President,
- Properties fi Facilities
cc: Director of Aviation •�
0233 East Airport Road -
Aspen, Colorado 81611 �%
<
(COUnty staff counter-siqnatures on followinq paqe)
+
;
�, .
��
,!
.�.�.
�;Iti
S �;_
�;:,
i,
'.��.
,,y
! ',,, .
/ , 1
• '
0 .
::\` '
.:%
,. ,
.,..
:�s.: �, , . , . , ��„ , � �
.
, . ,. .;,;:.
::�. .. . . . �.� . . , .. . ._ ..,. , ...
�:��:
,:.;�•�:„,s .
�`��
%t'�x,;�::
�'��'�';;.. ,i•
�°1�i:.`.a.;•;
���::.;.�5�:.'1:�
, County/Hertz License and Use Agreement ,,'; i.•.
1996--2002 �~`�
PAGE 38 '
�
�i.
,•J•
RECOMMENDED FOR APPROVAL: �
�= .
7�! �Er�-�i���' H-�2�j E�
Scott Smith ���-"
Director of Aviation
. r::Y'. �`:
MANAGER APPROVAL: - "
�!
.
Suzani Kon an
Count Manag r
APPROVED AS TO FORM:
P
- -�-r�
;:
. John EZy, Esq.
County Atto e ±
: �-�1�-1`1(� �
Ga y s ry, sq. "'
Ai o ecial Counsel �,,
APPROVED AS TO BUDGET:
�_
. �i�� G��
Toin Oken
Administrative Services Director
airport\rentcar\license\hertz
�}�yf,tieti�c;16.2� �'acc° - `�'-,�-?�
, --
/ `;,;:-
i
� _
. + _
.
:�` .
.f.F� , � . . . .
^i
.: :. -
:;_, --
,,�. _,. ., , ... ... _ ...
`� :•�.�� . . . _. . . . ..
`�
:���: �:
?: �o'���'='r.�c�ar��'-a 's��;»�aw�;' '�.:�� (� .'��z. �.... i � .. ..i j, ir;::
i `� �y Yi �. I �iavte4o � `.,f,��;..�':
1 �
' � � �1 � . , \}'
� � .� Q .:.,...:.�.�.�.�.�:.:.�...\.:.•�•.•.•.'.'.'��.'. '� .
r "� Ql . I ,'i'I:j.�r`�.,�.�1.:. ..' �n
it � � w I �� 'rq..t�..?4�d:. .��.' .'��•.�.'.��� 'l.�
^� i .'r,�r�.�—.��-�-.;ri
� FC . �•
� � �
1 I
,I � � / �I
( .. . .�� . .. . . . I .
� 1� `. .
1
\
i •` I . .... .. ...� . ... ....-. . . .. .1 . �
\� � .� •'•••..'�•...�•�.��� .
1 ~1 � � H i ,
'.�•,••�'�"•'�•�'�'�
• . .. . ...___. .......... .. .. � .� � :,�..::........
, �:; :a::.� :::�
- '. :.:�::�
, - �� ` -
, .............
, � , ��'''����`:?��""�'�:':�::::::�:::�<:
� ` . .v•::.•.•.•..•.•.
' �� ..-. ....._... . . . . ....�.. .. .d 7� � S{ .. ... .'�7::.'.'.'�".'.'.'.
" � . � � �};�; .6Z`.•••.•.'.'..'..'
. . 4'+ } •�•'•'•'•'.•.•.•.'.".'.•.o'�=-'.•.'.'....
O 6' _ •k?'r::i:�i?:
, o � �:.�...:............�R..
0
�';:;::?::,;�}:•:::::•::•:•:•'•�{•:::•::::i:.
� ARRIVALS/BAGGAG£ CLAI?f ARLS �I
� �'
u
m k
.1 ' ti �
. _ �� .... . .. ........... .. .. .. � �_
:�, �
� I�
�r � _.... .... .... ... .. .. .- • '--•• ' I
r .
7
• a e ■
; �w ° T----.__..._...... . .. . .. . . ... ......_
� w I� , �
. IN O �-..�_. .. _...._. _...__. ._..._.. ._.�
�
� � • • q ••
i �� � d �
� � Q u�..�: .
_� , ..,:�:•::•.
o �•..''�::'
;x
� ..
"' O ,,
,.c
f • � ��,� � -::t� I
, I � � ��
, . `"� �
.
.
,
.:,
t�.:
�"�;C'��^'�
,.n'"�:�``:
��i�.ar ..,.
i'_"'�`;si<�
, , � � �,� �`���'„t
�,..; .. �� WO PARkLtdG ittcas �g�-@ry���.v,,,��, �r:''
Joi �Y
"�S'':`���". 1'���i�.�.\,�'�y� ' .i+.
i w3'r.;v.�,��„ �� .�i
.;eia.,,...�o-�.:,. � ��
;k�:•;•;s�°:.:�.•� �• Aspen/PiCkin Councy i�irporc y'`r -.
:Fti'.:+..-,.., . r w y � y ' .,.�,
_ �' � �' 233 East Airyocc I:oad �
.=.t':�-_ � � � � w Aspen, CO SiGll
n n y� rt
.1'.'..:_�.': N`G ,p `./ .
t'N iy� 1 -
. �
rt Rental Car "Read Lot" J'.`%
-4:,.�..:,,.. v T - ..
;;;.,:.,�.' y Lease ExhiUiC •
�t�,::,.�_�.,:, .. T3 ;?':�.�...
. w r
�';'-:":"^'". ° DR::ldIliG NOT TO SCA1.L
� N
'�i! : f0 'C .
� �d s, ; w f• � '
+f�!��' . m i.; '
�����'."���� N TOTAL SPACES: 59 '
��3=:+5.'=.r'.,: �
�f,^• . — ,
�'�
���.;,y�:=�.:.
.��,rti,�µ.,.:, 9 Sq Ft/Vehicle: 144 .
<
. ,•�;.,,±:,�.���>. F�„ r.
7�.-:�... � y ..
�V.�'
;Y:�.'.`�R:.,,.
...:,w,: O � . >
�L.:$i�:��' r-� "�
��.��..rl F r� �,r
:'t:Yj�%�frA;4!x'.•.�.. . ,� .
';"'i:�,t�.'rr;;Y,: - w � ;:
�,�.c:,��,; ; � � e,
G:ii•.'Ll:3.L'-�.';`%::O N y N I{
':�,�,i�r:a�Sra'N..::.;,'. � w o+^ cn Ey
y���..:.. .. . N fi
.'i:�...:-'2�' a� O `^7 H
j�,t:�e:.�V:-*;._�:.: .iy. Vl � 1� p C
:�%�:F`k`��.4:':F.�.� A '��-- t�n � �
••Rr�;.•�:� � M� �
� �:':.v a;�,....�.. y r
3;��..�.:-�. „w �
�'t��:�.S,�.��w5:145`.•'!�r.'.•' � y ,
' '�jf, I'G✓��'. . N ~ ��.
.��F��?.tYi:,a..�._
u �,;�r,�:<:�.
yr;���,_:z,�, .;:
��if'_� ki�:,•'
•:�-yk��y�,-.���-�.::, p�z rn d E.
� . .:���71,°4���'s:xr, . y� v� r.
u. %:'.:. �� � . �
'�};r�,�ir�r�f . �. c` r .
������ .
h��y t�-� .NO � A H 4
� M �� 5�
��r.�.�r.1�r�.'':"'.•"' ' .a _ M j.y M tn ,.
�R��xt'2.n': tt y � N �.
+�-'A'.i_'.!Jf'^:.: . F � ` � -
. �k�`:'�� � . '
:;�,�,�:7„W.q•A,L.:�`. . o R t- c� '• j
-�F;,'.,,;.u;a.tr;::;.. N F� „ ,�'"�y f
_�'�5=- A � N � C� .
':1�+;5..,�..:;.�... '�I9 [''�
��:�,�y.�:r1is::. i"" 4 � 'Y
�:'l�.ry�.. . � M m - N
'f';�,`.,."�'t:�iH;:.r � � . . y 1 � y . .
�+v . ,.
':�'ki,'d'?�:;a:!.,}:c.:: . . �N .0 j N �'a �
':t(�i"ni!�r.�.�?.:�.. .. w � Z
' c� rt.�'y
..j.nr^ycz:,.. � �v
z:y;iyrvi.�:?,.Y� y "m V' '
�-t
. � N i.
S'11Ti.ti�;'.�:'?+:,`.. N Cq.
`e`A��+.YSi�i . N ..
yi*1r:4,:,�;:
.'�::'' . a,
�'i,+n•.,���,w��•
�.�ri�w.,.;,;•,. o
�:Y.uy:•�. �
...;n:y;:,:;�::<:.;. H \ `""_
. . . m� r �
r �
.,. ,. a
..g'r..:... . . . N .
' `::..
� !��'���� ,
--� ; ..
. .
`'�?' .
•.,�
�� , i�`a'��
�� �; 5 ::
� �� ���#��JT .�`� ; _� � �'
'�,'�, ,,� �.�. __.._., �y ,______. ` ``.
Aspen/I'i cYin Count ..kl.rport �Yf � __ .-� � -� ^-"-�� i •y 1..
733 Fn�t Airpott R':yd ' . ��, '
t:sp��t� CO 81611 � 1 , f ' ,-�,�
' w m . I �1�w .
REI4TAL i,l+P STOiJ+GL LOT..; � �� . ��``.` -
�r / �q v
140T �0 SCALE �� " '
� � � i�
�� ;, :�J1 „� f ;
/] YS�
f.�� V T.• � ' / / . t� t'.�.
�ft , ' in in r�i. .,,,,�;�;n_-._.•:,,;.. � .
a, . H / bii���,�. <X�
_ ' � � . s ��H � o� "'�S_;-x7�":: - . .
� ' lJ N I ��::�Y;y�-ie:v':.::`:�� .
�.. . �-._'�. r�ii::�.;:;:;:::�. •
L � ' / �
� � / f (nro�
. � , / ,o �
� .. `�—�..��.+. ... � r . . N Y�< � .
00 /� n•2.�v
l �� � o � ' GrrF` y
� ' .. ' r � pJ WJc.l7M- .(�Y -
W l , rt��� � .:i �:�
,., . � ,�..
/ , f:,.
.D N . I /' � ^.:::�iLT'�,i:r.:iil.:s
� . � . � ' � y� . . :•.�Y4::..:G.2:%�y: f�..
` � W �• v ,y • • / '' �t��F`�•f�yi%n.'..:.'.�%, i
' : �.` �d ` , , 9 O y ! � �n?�-r; . .�•':4�r;4 1
�.���..�:}�:::e + ,
a o c� rn . w: . � i •;i.:::{;���:.: i;i;: (
S . 'iv t*f oo y '.,, . . '//� .;::.:.�jc., :.-.,. �
H y } r / p, ' `j!`AH::;r..`�..'.i:Rh I
. J] � ( .b:• I) � .
� / �1 N
' 9 � . . �/ � rt. F�. 'h�':.:t�' � .
� r / N v
' . . v E � ( I o' �H;.,....- �°f"�+'UY„�
� ±� ,"i \ o+ m,d `•ry"�tiji�
m
i • m �{ �, ,-;�x
' H, .... \ �� . c+i 4.� .
° v%d
C rt `
r.
. ro_ '� - � �x `�,S� `" ;
� � .m . . �... . . ... ` - ;.�
�
. . .. r . � . .. NH '�\y �� � G
rt.� .. � . � • � �\-`
. � . 'y `��y ' . �... �N l� }•��! �-44:� �
� . o -�-�,. . .' • ��...,:.:;,,:: i
�'r,:a
� '� 1 � . .-�i�.<:M
�'` 'F;t�;'
�y � ` ' . . .- .r.,.;:::: •
o , � ... ... .�;.�; .
..._ .._: .-,.._��.-...�...__ �` ` � ` , � ��.,;zi: 1
'o. ' � _.� Yr^,Z%�:zai: �.
H: � . �• .�H�r -
\ ,..
. :. .� ..r-"' . .
..
� . •. ....�---� _.. .
.... ._......-•- r., J � .
`:i: h
. x '-"_' ,�� s �� ' , �
x
e° ' `. -
� . �tn.,::::,_�• t.
,t��,.a��r Y �
� .��j:axi:�:. .
� . . .-.w:;t;::....;
�
'�..;�.
/ _ , �'1,�.., .
. r .
�
�:?fi: •
'a,1
.;,::,� . , ... . . ` ,
,
_ ,� ���,:
� �1,
`�:,�,� ,
� kr•4,^�.A;>:;ii;M��
PRO RATA S JOIDIT USg LATION POR ������� � � � 44'
EN'PRANCE, �?;IT, A1VD CIRCULATIOiJ Al2EAS 3?� '`;
(April 199G) ' "��
:y_..J._"
7. Square footage for eacl company. • ':
2. Total square footage for entire parking lot�: - �
3. Calculate percentage of parking space leased, and apply �`�
proportionately to entrance, exit, and circulation areas.
4. Rounded to nearest whole number. ��:�":`;- -
RENTAL CAR PAVED 'READY LOT' : (((',` �
s....;r.. -.
Square Feet Spaces s of Total �;:,'%�
Hertz 2,1G0 15 25°s
Avis 2,160 1S 25% ��'
Budget 1,440 10 170 ��.
Eagle 1,440 10 17% t
Thrifty i.296 9 16e � �
TOTAL 8,496 59 200°s
:*y',
Total Entrance, Exit, and Circulation 8,268 sq ft iv"
�'
RENTAL CARE UNPAVED 'STORAGE LOT' :
Square Feet o of Total �
Hertz 28,425 250
Avls 28,200 250
Sudget 19,402 ' 17% 'j:;''
Eagle 19,176 17s
' Thrifty 17..597 360
112,800 100%
Total Entrance, Exit, and CirCUlation 14,180 sq ft �,
g
. i
� .
; �
� '-
� �
, ; :
i
r ,,.�,„'�
� �_�;.`
--•
.
. , _
.
. a.
� ', .
�..i
h��t'9
�� .
7WAEHPUI! - - .
�:}:. .�
TO T8 88 CEBTA,Ibf • i.
b8P1�i/PITxIN COVlf'1'Y� RPOAT '�. '
Cli-x PO T 88�7T-7�,-C�CQMPxitx i `
LZC81I88 �iD t188 �6R$87lEfiTB -
1996��20Q? •
r
7►VIB. SQDQET. SaGLE. HB�T l�TD T�,IFTY R!�[T-a-C� -k-'
':i:
�+-, �
�(
THT3 ADDENDUM, made as of the 6ate last below signed, ia by ��
and between the HQARD oF COUNTY COt+@tI88IONERS OF PITKIN COUNTY, �;.`
COLORADO ("COUnty��), a Colorado home-rule County, and
jr ,
AVZS RENT-II-CAR 3YSTEH, INC., d/b/a Avis Rent-A-CaY, and
FARaSSE ADVENTUREB, ZNC., d/b/a Budget Rent-A-Cax, and `�"r
THE HIItT2 CORPORATI4N, d/b/a Hert2 Rent-A-Car, 3nd �j:
_ EI�GLS RENT-A-CAR, 2NC., d/b/a Eagle Reht-A-Car, and
WE3TRAC, INC., cZ/b/a ThYffty Rent-A-Cdr, �!
(collectively, the "Companies"). ��
WHEREAS, County and the Companies are parties to those certa£n
License and Use Agreements effective as of May 1, 1996, whicA set
out, in SeCtion C.3.d., the obliqationa of the Companies vith
respect to the motor vehicle parking lawa of the Cfty of Aspea and
the Town of Snowmass Villaqe (and, possibly, the County); and
WFiEREAS, County is concerned that there is a public
perceQtion, which may or may not have a basis in Pact, that the ;
cuatomer6 of the Companiea are less respoltsible thast local drivera
wfth raspeat to complying wltk 2ocal parking lavs and the paynent ;
of fines for violations of those laws; and
WHEREAS, County proposes to amend Section C.3.d. of each
Agreefient to create a proaess by whfch the comparati.ve payment
rates tor paYkinq fines of RAC austomdrs and local drivers may be
reliahly determineQ or estimated and, if the rates for Rl.0
customers are, in fact, less than that oP local driv¢rs, Co require '
the Companies to be pzimarily liable for the paymeat of such fines. �
NOSQ, THEREFORE, iri consideration of tha mutual covenants, ��
terms and conditions herein, the parties hereto agree as follows: �
��:
i. section C.3.d. of each of the License and Use Aqreements
between the County and, respectively, Avis, Eudget, Eagle, Hertz �}
�r� i �-
l
. �.:'
'�
� �
� -
� .
[5'. `4.�.i.:�:,
7,'�"��••'�;��.
.q.�';�'�.i.'..
i'
. '7�';"...,:.. '
`�...'.�
and Thrifty (the "CompBnies"), shall be amended to provide, in its ' _
entir.ety, as follows: ,.
"d. With rsspect to tha parkinq requlations of the City of • , ti:
Aspen and the Town of Snowmass Village (and to those of Pitkin -
County, if and when the county adopts a separate parkinq ':••
violation proqram), Licensee agrees:
1) To distribute wfth each rental car contract an
officisl parking inPormation brochure that is published ��`?
anfl provided free of charqe to Licensee by the City
and/or the Town (and/or the County).
2) That, pursuant to Bection 42-4-117.0, C.R.B. 19'73, as . -
amended, a "seasonable time" within �rhich for the Licen-
see to furnfsh to the City and/or the Town (and/or the �
County) the name and address of the person vho had
custody of the vehicle at ttse time of the violation, ,,.
;shall be deemefl to be thirty (30) day�. As a condition
pracedent to the enforcement of this interpretation, the
City and/or the Town (and/ox the County) will be required
to make every effozt to provide notification to the
Licensee of any violatfon as soon as praetiCal after the ��
date of the violation.
�'
3) That iP, during the term of this 1►qreement, the
' customera of the on-Airport RAC Companies have a rate of `i
payment for parking tickats issued by the City and the
Town (and, if applicable, the County) that fs lower than �.
the rate for prfvate sutomobiles with local ?
reqistrations, Licensee shall be primarily responsible to _
pay the £ines of the parking tickets ao received by its
customars (and Chen may seek raimburseaent from the
. customer threugh the original credit card transactionj.
The parties agree that thfs oblfgation shall arise only ;
pursuant to standards and procedures to be establlshed
jointly by the County and the on-Airport R).0 Companies.
Lioenaee hereby aqraea to meet with the other on-Afrport �
W►C Companies (or review material publishad by the
County) , neqotiate in good faith, promptly adopG (by an
HII Yote oE the Companiea) and abide by standards and
procedures to administer this provision that are
commercially reasonabl¢ including, without limitation,
definitions of and procedures in support of the �
followinq: `,
a) Reliable statiatical samples of RAC vehicles �` •
and "loca2" pass¢nger vehicles.
.�.
b) An appropriate salnpling period. 'i'
�i}
2 �.:
�� I
�.+.
. �;
' ��: . .
/ ,:,
• s
—. '
:.�
.r7=3t: .... ��.�� . . .
. s F�.•.', .:
� �.�. .,i�.'''a�..
. L � •VY":�. .
c) Appzopriate dePinitions of " a �� �� i -
p ymant and rate �' -
of paylnent�" including an appropriate enforcement ; �,°�' �•
period }.•e•, th� time between the issuance of the
ticket and a detezminatiott that the ticket is not ;�_ .;
"paid° (including the periods of the first notice " i,
sent by the City, tha To+rn (or the county) to the �`' "
Licensee and the second notice sent to the
.':.���
cuatomer). � •.
d) statistiaally significant dafinitions of
maxgin of arror andJor "lower.^
'�.'�:.
�. .,
e) 7► provisfon to permit individual Licensees to �.Y.�'
avoid this obligation upon a 6etermination, !n the
reasonable discretioa of the ]�irport, that su�h '
Llcenaee has made a substantfal good fafth effort, ' '
in addition to the raquirements of 42-4-1110, ta •
assiat the City and/or Town (and/or County) in its
efforts to collact fines from it� customers.
f} An appropriate period to determine the
effectiveness oi the efforts set forth in e).
=�'t WITD1�88 tf$SR$OY� the parties have �xecuted this Agxeement, as tolloas: �'
. ;
oun Comu n s:
THE BOARD OF COUNTY COMMISSIONERS AVI3 RIIVT-A-CAR SYSTEM, INC.
OF PITKIN COtJNTY, COLORAbQ
. By:_ !'.-<,....�-- �� 7'���5/ Ey: I 1 1 1� �,`-
� mes R. True, Chair O te) I {Title) (Date}
ATT T: ��,�yN�OG,�,T FARAHEE ADVSNTURBS, INC. , d/bJd
¢ ...,, ,c Budget Rent-A-Car of Aspen
J'�; � £ sEAL �
� �
- �✓�+�' c°toRr� By: �
P in County�rClerk eal) (Title) (Date}
RSCO�l�LENbBD POR 118PaOV]►LZ EAGL£ RENT-R-CAI2, INC.
���-�
Scot Smit , A.A. . -
Director of Aviation gy;
(Title) (Date]
3 �.
i "
1
i
:,�_��,:
� ,�
�
.. + .
n •
/ .
..�A'`' 3`!'i�. t..'"''(. . �-�. . , .. � .. ..r.7e ,t.r:r,:_ . ...... . .t. �r:, . . ...,,,,.u„ vxe:.,,c „ , ... 'r,�_, .
i:, ., . . . "Ef;.�`.'.
}h f' .
..,.{ ' -.`.
- `:.s.:�..;
��� :
, �7j�,�� .
� :•v4';
7�ppgpQ$p AS TO FORKt THE HERTZ CORPORATION
>
l,
���4I�6 � 6/12/96 •1,'
HY. (Title) (Date)
Gar S. E ryr E 4• Vice esident,
Ai ort S c1a Counsel Airport Relations
WESTRAC, IHC., d/b/a Thrifty
Rent-A-Car
gy; ----�;--! � , .
(Title) (Data)
' [�irporc\r�ntc�r\lieerue�perNnq.ad�L .
r
i
j
I
_ ;
�
i
j
�
�
�
f•
4
�
\34�uzw
� , it.
• + ..,
. �
a'�`- �
'E,_: ' � . . � .
�