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HomeMy WebLinkAboutbocc.res.091.2020Contract No. 267.2020 (Attached) RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC") OF PITKIN COUNTY, COLORADO AUTHORIZING AN AMENDMENT TO THE RENTAL CAR LICENSE AND USE AGREEMENTS REALLOCATING SPACE FOR RENTAL CAR OPERATIONS RESOLUTION NO 091 - 2020 RECITALS Contract No. 268.2020 (Attached) Contract No. 269.2020 (Attached) Contract No. 270.2020 (Attached) 1. Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter ("HRC") official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens. 2. The County has License and Use Agreements ("Agreements") with Avis Budget Car Rental, LLC; The Hertz Corporation; Enterprise Leasing Company of Denver, LLC; and Sixt Rent A Car, LLC for the provision of rental car concession services at the Airport. 3. The County recently completed construction of improvements to the Airport Parking Areas ("the Project") as authorized by the Board of County Commissioners in 2019. The scope of work for the Project included the construction of enhancements to the short and long term Airport passenger parking facilities, employee parking area, and rental car storage and service facility areas. The Project created a more effective and efficient use of Airport property for the rental car companies by modifying the means of ingress and egress, layout, and assignment of space associated with the rental car storage and service facility area. 4. To better utilize the Airport property and provide for a more effective and efficient use of the space by the Rental Car Companies, the space allocations for the different Rental Car Companies has been modified in the manner shown on Exhibit A.1 to the proposed License and Use Agreement amendment. 5. To be effective, the amendment must be agreed to by all of the Rental Car Companies or directed by the County, as a provided in the current Agreements, for the improvement and efficient movement of traffic at the Airport. All the Rental Car Companies have agreed to the amendment and reallocation of space for rental car operations. 6. The existing Agreements allow for modification of terms to the original Agreements with direction of the BOCC. 7. The Agreements have not previously been amended. 8. This Resolution authorizes the execution of the amendments by Rich Englehart, 1 Acting Airport Director. 9. The BOCC finds that it is in the best interests of the citizens of Pitkin County to adopt this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofPitkin County, Colorado that it hereby adopts a Resolution Authorizing an Amendment to the Rental Car License and Use Agreements Reallocating the Space for Rental Car Operations as shown on attached proposed Amendment. The Chair or Chair's designee, is authorized to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. INTRODUCED AND FIRST READ ON THE 26TH DAY OF AUGUST 2020 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 9TH DAY OF SEPTEMBER 2020. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 20th DAY OF August , 2020. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 29th DAY OF August 2020. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 9TH DAY OF SEPTEMBER 2020. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 17th DAY OF September , 2020. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 1 lth DAY OF September 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS By jtAtn.,01. jbin,LS By: _ S�-even F. CLtI. Jeanette Jones Steven F. Child, Chair Deputy County Clerk Date: Sep-11-2020 APPROVED AS TO FORM: MANAGER APPROVAL 5otiti�I7 p1Uis John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager 2 Contract No. 267.2020 AMENDMENT NO. 1 TO THE LICENSE AND USE AGREEMENT FOR A NON-EXCLUSIVE ON -AIRPORT RENTAL CAR CONCESSION AT ASPEN-PITKIN COUNTY AIRPORT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AND AVIS BUDGET CAR RENTAL, LLC AMENDMENT NO. 1 RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ASPEN-PITKIN COUNTY AIRPORT THIS AMENDMENT NO. 1 TO THE RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ("Amendment 1"), made as of the date last below signed, by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ("County"), a Colorado Home -rule County, as Licensor/Permittor, and, Avis Budget Car Rental, LLC (herein "Licensee" or "Company"), a corporation authorized to conduct business in the State of Colorado and doing business at the Aspen-Pitkin County Airport ("Airport") only under the Avis, Budget, Payless brand/trade names which are owned or licensed to be used by Licensee. RECITALS WHEREAS, the County and Licensee are parties to that certain RENTAL CAR COMPANY LICENSE AND USE AGREEMENT effective November 1, 2019, setting forth the terms and conditions for the provision of rental car services by Licensee at the Airport (herein, the "Agreement"); and WHEREAS, because of County's renovation to the Rental Car Storage and Service Facility Area, the allocated Operating Area square footage for each Licensee is being amended; and WHEREAS, County and Licensee mutually desire to amend the Agreement to recognize the change in square footage of Licensee's Operating Area. NOW, THEREFORE, the parties agree to amend the Agreement as follows: SECTION 1 DEFINITIONS: 1. ADD: "Common Licensee Area" shall mean approximately 56,100 square feet of space within the Rental Car Storage and Service Facility Area designated for the non- exclusive use in common by all Licensees and includes a 7,231 square foot Service Facility Area and 48,869 square feet of roadways and driving lanes within the Rental Car Storage and Service Facility Area. 2. REPLACE the definition for "Operating Area" with: "Operating Area" shall mean that portion of the Airport designated by the County for the use, occupancy, and operation of non-exclusive, on -airport rental car Licensees, and shall include: a. "Ready/Return Area and Rental Car Storage and Service Facility Area" means an area consisting of 61 Ready/Return Area automobile storage spaces; 75,217 square feet of automobile storage and staging space; and the Common Licensee Area as depicted on Exhibit "Amendment 1, A.1" of this Agreement. 2 b. "Rental Car Counter/Office Area" consisting of four (4) designated ticket counter and office locations each consisting of approximately 163 square feet of space each and located within the Airport's terminal building as depicted on Exhibit A.2 of this Agreement. 3. ADD: "Service Facility Area" shall mean a building and associated area of 7,231 square feet of space consisting of one automatic car wash bay, three manual car wash bays, one external car wash bay, a fuel island and vacuum system, including without limitation all related equipment, paving and utilities located within the Rental Car Storage and Service Facility Area. The Service Facility Area is designed solely for the washing, cleaning, fueling, and minor preventative maintenance of rental vehicles and shall be used on a first -come, first served basis with all Licensees. SECTION 3 LICENSEE OPERATING AREA: 1. REPLACE Section 3.1.1. with: 3.1.1. Licensee's Operating Area Licensee's Operating Area shall consist of those areas designated on the drawings attached as Exhibit "A", and includes the following elements: (1) the Ready Return parking spaces (often referred to as ready -return parking spaces or "Ready/Return Spaces"); (2) the Rental Car Storage and Service Facility Area; (3) the Common Licensee Area within the Rental Car Storage and Service Facility Area to be used in common with other Licensees; and (4) the Customer Service Counter and Office Area and check -in counter space within the Airport Terminal (collectively, "Rental Service Counter"). The County may unilaterally change the Licensee's Operating Area from time to time as deemed necessary by the County, at the County's expense provided that the County shall give Licensee commercially reasonable advance written notice of each substantial change, and further provided that the County shall make a reasonable effort to implement any changes that are made to minimize adverse impacts on Licensee's airport business operations, to the extent minimization is commercially reasonable under the circumstances. The County shall not be responsible for any Licensee administrative, moving, or planning expenses. 2. REPLACE Section 3.1.3. with: 3.1.3 Rental Car Storage and Service Facility Area Licensee shall have the exclusive use of 27,843 square feet of space at the Rental Car Storage and Service Facility Area as depicted on Exhibit "Amendment 1, A.1" for the staging and storage of rental vehicles. Licensee shall further have the non-exclusive right to use the Common Licensee Area as depicted on Exhibit "Amendment 1, A.1" for the washing, cleaning, fueling, and minor preventative maintenance of rental vehicles in common with other Licensees. 3 Reallocation of that portion of the staging and storage area of the Rental Car Storage and Service Facility Area will be reviewed by the County at the end of Agreement Year 2. The County reserves the right to reallocate the Rental Car Storage and Service Facility Area during the 3rd Agreement Year at its sole discretion and provided agreement can be reached by all Licensees. Licensee shall use the Rental Car Storage and Service Facility Area solely for the washing, servicing, detailing, maneuvering, queuing, and storage of its vehicles used in its on -airport rental car operation. In no event shall engine tune-ups, engine or chassis repair or overhaul, painting or body work be performed. All uses of the Rental Car Storage and Service Facility Area shall be subject to and conducted in strict accordance with the Airport Stormwater Management Plan. Licensee shall not allow its customers or the public to enter the Rental Car Storage and Service Facility Area. Licensee shall ensure that only its rental vehicles are being serviced at the Rental Car Storage and Service Facility Area. No personal vehicles are permitted at the Rental Car Storage and Service Facility Area unless otherwise authorized by the County. The Licensee may provide temporary staging and storage of its rental vehicles in the Rental Car Storage and Service Facility Area prior to their return to the Licensee's Ready/Return parking spaces. Only Licensee employees will be permitted to park their vehicle at the Rental Car Storage and Service Facility Area. No other vehicle parking, including non -facility -based employee parking, shall otherwise be permitted in or about the Rental Car Storage and Service Facility Area except for fueling, maintenance, towing, or emergency services purposes. Licensee shall not allow parking of vehicles of passengers or flight crew intending to use the Airport's main terminal building for commercial flights. Violation of parking restrictions can result in the Licensee paying fees that would have been collected in available Airport paid public parking lots. SECTION 5 FEES AND FINANCIAL REPORTING: 1. REPLACE Section 5.1.2. with: 5.1.2 For the 27,843 square feet of exclusive use of space at the Rental Car Storage and Service Facility Area for the staging and storage of rental vehicles, Licensee shall pay $4.55 per square foot of space allocated to it or a total monthly fee of $10,557.14. This fee shall be adjusted by the County at the commencement of the third Agreement Year, and at the commencement of each succeeding Agreement Year based upon the percentage change in the Consumer Price Index (CPI-U) as published by the Bureau of Labor Statistics of the U.S. Department of Labor. The adjustment shall be by a percentage equal to the percentage increase of the CPI-U between the published CPI-U for the most immediately available month prior to the Commencement Date and the corresponding CPI-U for the same period twelve months previous. Provided however, the total monthly fee shall never be lower than the total monthly fee for the preceding Agreement Year. Licensee shall pay County no rent on the Common Licensee Area of the Rental Car Storage and Service Facility Area Facility during the term of this Agreement. For 4 successor agreements, which in the County's sole discretion are subject to bidding, requests for proposals or negotiation, rent for the Common Licensee Area of the Rental Car Storage and Service Facility Area shall be at a rate established by the County through such bid, request, or negotiation process. EXHIBITS REPLACE Exhibit A.1 — Ready Return Lot and Rental Car Storage and Service Facility Space Allocation with Exhibit Amendment 1, A.1— Ready Return Lot and Rental Car Storage and Service Facility Space Allocation. IT IS AGREED AND UNDERSTOOD THAT ALL OF THE EXHIBITS, TERMS, AND CONDITIONS OF THE AGREEMENT NOT MODIFIED BY THIS AMENDMENT NO. 1 SHALL REMAIN IN FULL FORCE AND EFFECT. /////////////////////NOTHING FURTHER FOLLOWS EXCEPT SIGNATURES///////////////////// 5 LICENSEE Avis Budget Car Rental, LLC 6 Sylvan Way, 3rd Floor Parsippany, NJ 07054 A4.44 Mom. By: Mar-04-2021 Anne Morrison Printed Name/Title: vice President LICENSOR PITKIN COUNTY, COLORADO 0233 E. Airport Rd., Suite A Aspen, Colorado 81611 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO p Feb-19-2021 rat, fiUaitikArt 9th, jetALs Jeanette Jones Deputy Clerk and Recorder Rich Englehart Acting Airport Director Feb-16-2021 Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: 5oti&, E\7 Feb-19-2021 John Ely County Attorney Jon Peacock County Manager 6 ASPEN-PITKIN COUNTY AIRPORT Common Licensee Area 56,100 sq ft LEGEND Avis Budget Car Rental, LLC The Hertz Corporation MI Enterprise Leasing Company of Deriver, LLC Sixt Rent A Car, LLC I Common Licensee Area 5 spaces 10 spaces A � 4 18 spaces 14,969 sq ft 6,270 sq ft 11,456 sq ft SOURCE: Google Earth Pro, 2018; Landsat/Copernicus, 2018; Ricondo & Associates Inc., May 2020. NORTH 0 200 ft. 28 spaces _ c ilele1��i�lllllllll��lll1111���11 'p .6.. a i� MAY 2020 12,874 sq ft 13,356 sq ft 6,392 sq ft AMENDMENT 1 A.1 READY RETURN PARKING AREA AND RENTAL CAR STORAGE AND SERVICE FACILITY AREA Drawing: P2Project-Cincinnati\Clients&Aspen\Task 03 - Rental Car Concessions&SE Rental Ca0CAD1ASE Rental Car Program Areas_2020-03-24.dwgLayoul: Layoul1-A.1 Plotted: Mar 26, 2020, 09:01AM Aspen/Pitkin County Airport RESPONSES TO QUESTIONS AND COMMENTS ON AMENDMENT NO. 1 TO THE RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ASPEN-PITKIN COUNTY AIRPORT January 19, 2021 No. Party 1. Comment Can you explain the methodology used to calculate the square footage amounts shown in the exhibit? Hertz Response Rental car company (RAC) space allocations were originally based on 2016 — 2018 Airport rental car market shares; the most current three years of data available at the time the Airport issued its 2019 RAC Request for Proposal (RFP) process. These market shares were adjusted by ten percent to provide a space package for a 4th RAC concessionaire (Sixt). The four space packages derived from these market share calculations were used in the RFP and awarded based on minimum annual guarantee bids submitted by responding RACs. These space packages were then used to create Exhibit A.1 for the 2019 Airport RAC License and Use Agreements and were also incorporated into the space allocations for the Interim Parking / Rental Car Improvements Project. The Airport presented its initial proposed allocation resulting from the Interim Parking / Rental Car Improvements Project during a September 9, 2019 meeting with the RACs. Through refinements based on discussions between the Airport and the RACs, Exhibit Amendment 1 A.1 was developed and is now included in Amendment 1. 2. Comment Section 1, Definitions, "Common Licensee Area": Delete "but is not limited to" in the common Licensee Area Service Facility Area. Why would it not be limited to the defined area? Enterprise Holdings Response Removed "but is not limited to" 3. Comment Section 1, Definitions, "Common Licensee Area": What `other facilities' are these? This should be deleted and the `other facilities' should be identified specifically herein. Enterprise Holdings Response Removed "or other facilities" 4. Comment How many square feet? Need to have this number to then be able to comment on whether it is accurate or not. Enterprise Holdings Response Added square feet. "75,217 square feet of automobile storage and staging space" 5. Comment Section 1, Definitions, "Service Facility Area": Delete other similar. Licensees is a defined term and includes all companies operating under a concession agreement with the airport. Enterprise Holdings Response Removed "other similar" Amendment Number 1 to the Rental Car Company License and Use Agreement Page 1 Aspen/Pitkin County Airport January 19, 2021 No. Party 6. Comment Section 3, "Licensee Operating Area", Subsection 3.1.1 "Licensee's Operating Area": This should not be listed in Licensee's Operating Area. It is not the Licensee's Operating Area — it is common space - as newly defined in definitions and as further outlined in new 3.1.3. Enterprise Holdings Response "(3) the Common Licensee Area in common with the other Licensees;" is in reference to the description of one of the elements included in Amendment 1 A.1. Further should this text be removed, the RACs would not have the right to use the Common Licensee Area. 7. Comment Section 3, "Licensee Operating Area", Subsection 3.1.3, "Rental Car Storage and Service Facility Area": Need this sq ft amount in order to comment on accuracy Enterprise Holdings Response Each operator's amendment now includes their respective exclusive use space square feet. 8. Comment Section 5, "Fees and Financial Reporting", Subsection 5.1.2: How many sq feet? Need this to confirm accuracy Enterprise Holdings Response Each operator's amendment now includes their respective exclusive use space square feet. 9. Comment Section 5, "Fees and Financial Reporting", Subsection 5.1.2: Added in current rate as per the current agreement Enterprise Holdings Response Added in current rate for Agreement Year 2 which became effective November 1, 2020. 10. Comment Section 5, "Fees and Financial Reporting", Subsection 5.1.2: Need sq ft to calculate before able to confirm accuracy Enterprise Holdings Response Each operator's amendment now includes their respective exclusive use space square feet and monthly fee. Amendment Number 1 to the Rental Car Company License and Use Agreement Page 2 Contract No. 268.2020 AMENDMENT NO. 1 TO THE LICENSE AND USE AGREEMENT FOR A NON-EXCLUSIVE ON -AIRPORT RENTAL CAR CONCESSION AT ASPEN-PITKIN COUNTY AIRPORT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AND ENTERPRISE LEASING COMPANY OF DENVER, LLC AMENDMENT NO. 1 RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ASPEN-PITKIN COUNTY AIRPORT THIS AMENDMENT NO. 1 TO THE RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ("Amendment 1"), made as of the date last below signed, by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ("County"), a Colorado Home -rule County, as Licensor/Permittor, and, Enterprise Leasing Company of Denver, LLC (herein "Licensee" or "Company"), a corporation authorized to conduct business in the State of Colorado and doing business at the Aspen-Pitkin County Airport ("Airport") only under the Enterprise, Alamo, National brand/trade names which are owned or licensed to be used by Licensee. RECITALS WHEREAS, the County and Licensee are parties to that certain RENTAL CAR COMPANY LICENSE AND USE AGREEMENT effective November 1, 2019, setting forth the terms and conditions for the provision of rental car services by Licensee at the Airport (herein, the "Agreement"); and WHEREAS, because of County's renovation to the Rental Car Storage and Service Facility Area, the allocated Operating Area square footage for each Licensee is being amended; and WHEREAS, County and Licensee mutually desire to amend the Agreement to recognize the change in square footage of Licensee's Operating Area. NOW, THEREFORE, the parties agree to amend the Agreement as follows: SECTION 1 DEFINITIONS: 1. ADD: "Common Licensee Area" shall mean approximately 56,100 square feet of space within the Rental Car Storage and Service Facility Area designated for the non- exclusive use in common by all Licensees and includes a 7,231 square foot Service Facility Area and 48,869 square feet of roadways and driving lanes within the Rental Car Storage and Service Facility Area. 2. REPLACE the definition for "Operating Area" with: "Operating Area" shall mean that portion of the Airport designated by the County for the use, occupancy, and operation of non-exclusive, on -airport rental car Licensees, and shall include: a. "Ready/Return Area and Rental Car Storage and Service Facility Area" means an area consisting of 61 Ready/Return Area automobile storage spaces; 75,217 square feet of automobile storage and staging space; and the 2 Common Licensee Area as depicted on Exhibit "Amendment 1, A.1" of this Agreement. b. "Rental Car Counter/Office Area" consisting of four (4) designated ticket counter and office locations each consisting of approximately 163 square feet of space each and located within the Airport's terminal building as depicted on Exhibit A.2 of this Agreement. 3. ADD: "Service Facility Area" shall mean a building and associated area of 7,231 square feet of space consisting of one automatic car wash bay, three manual car wash bays, one external car wash bay, a fuel island and vacuum system, including without limitation all related equipment, paving and utilities located within the Rental Car Storage and Service Facility Area. The Service Facility Area is designed solely for the washing, cleaning, fueling, and minor preventative maintenance of rental vehicles and shall be used on a first -come, first served basis with all Licensees. SECTION 3 LICENSEE OPERATING AREA: 1. REPLACE Section 3.1.1. with: 3.1.1. Licensee's Operating Area Licensee's Operating Area shall consist of those areas designated on the drawings attached as Exhibit "A", and includes the following elements: (1) the Ready Return parking spaces (often referred to as ready -return parking spaces or "Ready/Return Spaces"); (2) the Rental Car Storage and Service Facility Area; (3) the Common Licensee Area within the Rental Car Storage and Service Facility Area to be used in common with other Licensees; and (4) the Customer Service Counter and Office Area and check -in counter space within the Airport Terminal (collectively, "Rental Service Counter"). The County may unilaterally change the Licensee's Operating Area from time to time as deemed necessary by the County, at the County's expense provided that the County shall give Licensee commercially reasonable advance written notice of each substantial change, and further provided that the County shall make a reasonable effort to implement any changes that are made to minimize adverse impacts on Licensee's airport business operations, to the extent minimization is commercially reasonable under the circumstances. The County shall not be responsible for any Licensee administrative, moving, or planning expenses. 2. REPLACE Section 3.1.3. with: 3.1.3 Rental Car Storage and Service Facility Area Licensee shall have the exclusive use of 16,170 square feet of space at the Rental Car Storage and Service Facility Area as depicted on Exhibit "Amendment 1, A.1" for the staging and storage of rental vehicles. Licensee shall further have the non-exclusive right to use the Common Licensee Area as depicted on Exhibit 3 "Amendment 1, A.1" for the washing, cleaning, fueling, and minor preventative maintenance of rental vehicles in common with other Licensees. Reallocation of that portion of the staging and storage area of the Rental Car Storage and Service Facility Area will be reviewed by the County at the end of Agreement Year 2. The County reserves the right to reallocate the Rental Car Storage and Service Facility Area during the 3rd Agreement Year at its sole discretion and provided agreement can be reached by all Licensees. Licensee shall use the Rental Car Storage and Service Facility Area solely for the washing, servicing, detailing, maneuvering, queuing, and storage of its vehicles used in its on -airport rental car operation. In no event shall engine tune-ups, engine or chassis repair or overhaul, painting or body work be performed. All uses of the Rental Car Storage and Service Facility Area shall be subject to and conducted in strict accordance with the Airport Stormwater Management Plan. Licensee shall not allow its customers or the public to enter the Rental Car Storage and Service Facility Area. Licensee shall ensure that only its rental vehicles are being serviced at the Rental Car Storage and Service Facility Area. No personal vehicles are permitted at the Rental Car Storage and Service Facility Area unless otherwise authorized by the County. The Licensee may provide temporary staging and storage of its rental vehicles in the Rental Car Storage and Service Facility Area prior to their return to the Licensee's Ready/Return parking spaces. Only Licensee employees will be permitted to park their vehicle at the Rental Car Storage and Service Facility Area. No other vehicle parking, including non -facility -based employee parking, shall otherwise be permitted in or about the Rental Car Storage and Service Facility Area except for fueling, maintenance, towing, or emergency services purposes. Licensee shall not allow parking of vehicles of passengers or flight crew intending to use the Airport's main terminal building for commercial flights. Violation of parking restrictions can result in the Licensee paying fees that would have been collected in available Airport paid public parking lots. SECTION 5 FEES AND FINANCIAL REPORTING: 1. REPLACE Section 5.1.2. with: 5.1.2 For the 16,170 square feet of exclusive use of space at the Rental Car Storage and Service Facility Area for the staging and storage of rental vehicles, Licensee shall pay $4.55 per square foot of space allocated to it or a total monthly fee of $6,131.13. This fee shall be adjusted by the County at the commencement of the third Agreement Year, and at the commencement of each succeeding Agreement Year based upon the percentage change in the Consumer Price Index (CPI-U) as published by the Bureau of Labor Statistics of the U.S. Department of Labor. The adjustment shall be by a percentage equal to the percentage increase of the CPI-U between the published CPI-U for the most immediately available month prior to the Commencement Date and the corresponding CPI-U for the same period twelve months previous. Provided however, the total monthly fee shall never be lower than the total monthly fee for the preceding Agreement Year. 4 Licensee shall pay County no rent on the Common Licensee Area of the Rental Car Storage and Service Facility Area Facility during the term of this Agreement. For successor agreements, which in the County's sole discretion are subject to bidding, requests for proposals or negotiation, rent for the Common Licensee Area of the Rental Car Storage and Service Facility Area shall be at a rate established by the County through such bid, request, or negotiation process. EXHIBITS REPLACE Exhibit A.1 — Ready Return Lot and Rental Car Storage and Service Facility Space Allocation with Exhibit Amendment 1, A.1 — Ready Return Lot and Rental Car Storage and Service Facility Space Allocation. IT IS AGREED AND UNDERSTOOD THAT ALL OF THE EXHIBITS, TERMS, AND CONDITIONS OF THE AGREEMENT NOT MODIFIED BY THIS AMENDMENT NO. 1 SHALL REMAIN IN FULL FORCE AND EFFECT. /////////////////////NOTHING FURTHER FOLLOWS EXCEPT SIGNATURES///////////////////// 5 LICENSEE Enterprise Leasing Company of Denver, LLC 6828 E. County Line Road Highlands Ranch, CO 80126 By: Mar-10-2021 Printed Name/Title: Steve Topal; an VP/GM LICENSOR PITKIN COUNTY, COLORADO 0233 E. Airport Rd., Suite A Aspen, Colorado 81611 ATTEST: BOARD OF COUNTY COMMISSIONERS OF 11 PITKIN COUNTY, COLORADO 3tAtttLf t, itiiu-s Feb-16-2021 Kat, f&, idutrt Jeanette Jones Rich Englehart Deputy Clerk and Recorder Acting Airport Director Date: Feb-16-2021 APPROVED AS TO FORM: APPROVED AS TO CONTENT: SutitiE17 Feb-18-2021 John Ely County Attorney Jon Peacock County Manager 6 ASPEN-PITKIN COUNTY AIRPORT Common Licensee Area 56,100 sq ft LEGEND Avis Budget Car Rental, LLC The Hertz Corporation MI Enterprise Leasing Company of Deriver, LLC Sixt Rent A Car, LLC I Common Licensee Area 5 spaces 10 spaces A � 4 18 spaces 14,969 sq ft 6,270 sq ft 11,456 sq ft SOURCE: Google Earth Pro, 2018; Landsat/Copernicus, 2018; Ricondo & Associates Inc., May 2020. NORTH 0 200 ft. 28 spaces _ c ilele1��i�lllllllll��lll1111���11 'p .6.. a i� MAY 2020 12,874 sq ft 13,356 sq ft 6,392 sq ft AMENDMENT 1 A.1 READY RETURN PARKING AREA AND RENTAL CAR STORAGE AND SERVICE FACILITY AREA Drawing: P2Project-Cincinnati\Clients&Aspen\Task 03 - Rental Car Concessions&SE Rental Ca0CAD1ASE Rental Car Program Areas_2020-03-24.dwgLayoul: Layoul1-A.1 Plotted: Mar 26, 2020, 09:01AM Aspen/Pitkin County Airport RESPONSES TO QUESTIONS AND COMMENTS ON AMENDMENT NO. 1 TO THE RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ASPEN-PITKIN COUNTY AIRPORT January 19, 2021 No. Party 1. Comment Can you explain the methodology used to calculate the square footage amounts shown in the exhibit? Hertz Response Rental car company (RAC) space allocations were originally based on 2016 — 2018 Airport rental car market shares; the most current three years of data available at the time the Airport issued its 2019 RAC Request for Proposal (RFP) process. These market shares were adjusted by ten percent to provide a space package for a 4th RAC concessionaire (Sixt). The four space packages derived from these market share calculations were used in the RFP and awarded based on minimum annual guarantee bids submitted by responding RACs. These space packages were then used to create Exhibit A.1 for the 2019 Airport RAC License and Use Agreements and were also incorporated into the space allocations for the Interim Parking / Rental Car Improvements Project. The Airport presented its initial proposed allocation resulting from the Interim Parking / Rental Car Improvements Project during a September 9, 2019 meeting with the RACs. Through refinements based on discussions between the Airport and the RACs, Exhibit Amendment 1 A.1 was developed and is now included in Amendment 1. 2. Comment Section 1, Definitions, "Common Licensee Area": Delete "but is not limited to" in the common Licensee Area Service Facility Area. Why would it not be limited to the defined area? Enterprise Holdings Response Removed "but is not limited to" 3. Comment Section 1, Definitions, "Common Licensee Area": What `other facilities' are these? This should be deleted and the `other facilities' should be identified specifically herein. Enterprise Holdings Response Removed "or other facilities" 4. Comment How many square feet? Need to have this number to then be able to comment on whether it is accurate or not. Enterprise Holdings Response Added square feet. "75,217 square feet of automobile storage and staging space" 5. Comment Section 1, Definitions, "Service Facility Area": Delete other similar. Licensees is a defined term and includes all companies operating under a concession agreement with the airport. Enterprise Holdings Response Removed "other similar" Amendment Number 1 to the Rental Car Company License and Use Agreement Page 1 Aspen/Pitkin County Airport January 19, 2021 No. Party 6. Comment Section 3, "Licensee Operating Area", Subsection 3.1.1 "Licensee's Operating Area": This should not be listed in Licensee's Operating Area. It is not the Licensee's Operating Area — it is common space - as newly defined in definitions and as further outlined in new 3.1.3. Enterprise Holdings Response "(3) the Common Licensee Area in common with the other Licensees;" is in reference to the description of one of the elements included in Amendment 1 A.1. Further should this text be removed, the RACs would not have the right to use the Common Licensee Area. 7. Comment Section 3, "Licensee Operating Area", Subsection 3.1.3, "Rental Car Storage and Service Facility Area": Need this sq ft amount in order to comment on accuracy Enterprise Holdings Response Each operator's amendment now includes their respective exclusive use space square feet. 8. Comment Section 5, "Fees and Financial Reporting", Subsection 5.1.2: How many sq feet? Need this to confirm accuracy Enterprise Holdings Response Each operator's amendment now includes their respective exclusive use space square feet. 9. Comment Section 5, "Fees and Financial Reporting", Subsection 5.1.2: Added in current rate as per the current agreement Enterprise Holdings Response Added in current rate for Agreement Year 2 which became effective November 1, 2020. 10. Comment Section 5, "Fees and Financial Reporting", Subsection 5.1.2: Need sq ft to calculate before able to confirm accuracy Enterprise Holdings Response Each operator's amendment now includes their respective exclusive use space square feet and monthly fee. Amendment Number 1 to the Rental Car Company License and Use Agreement Page 2 Contract No. 269.2020 AMENDMENT NO. 1 TO THE LICENSE AND USE AGREEMENT FOR A NON-EXCLUSIVE ON -AIRPORT RENTAL CAR CONCESSION AT ASPEN-PITKIN COUNTY AIRPORT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AND THE HERTZ COPORATION AMENDMENT NO. 1 RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ASPEN-PITHIN COUNTY AIRPORT THIS AMENDMENT NO. 1 TO THE RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ("Amendment 1"), made as of the date last below signed, by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ("County"), a Colorado Home -rule County, as Licensor/Permittor, and, The Hertz Corporation (herein "Licensee" or "Company"), a corporation authorized to conduct business in the State of Colorado and doing business at the Aspen-Pitkin County Airport ("Airport") only under the Hertz and Dollar Rent A Car brand/trade names which are owned or licensed to be used by Licensee. RECITALS WHEREAS, the County and Licensee are parties to that certain RENTAL CAR COMPANY LICENSE AND USE AGREEMENT effective November 1, 2019, setting forth the terms and conditions for the provision of rental car services by Licensee at the Airport (herein, the "Agreement"); and WHEREAS, because of County's renovation to the Rental Car Storage and Service Facility Area, the allocated Operating Area square footage for each Licensee is being amended; and WHEREAS, County and Licensee mutually desire to amend the Agreement to recognize the change in square footage of Licensee's Operating Area. NOW, THEREFORE, the parties agree to amend the Agreement as follows: SECTION 1 DEFINITIONS: 1. ADD: "Contnton Licensee Area" shall mean approximately 56,100 square feet of space within the Rental Car Storage and Service Facility Area designated for the non- exclusive use in common by all Licensees and includes a 7,231 square foot Service Facility Area and 48,869 square feet of roadways and driving lanes within the Rental Car Storage and Service Facility Area. 2. REPLACE the definition for "Operating Area" with: "Operating Area" shall mean that portion of the Airport designated by the County for the use, occupancy, and operation of non-exclusive, on -airport rental car Licensees, and shall include: a. "Ready/Return Area and Rental Car Storage and Service Facility Area" means an area consisting of 61 Ready/Return Area automobile storage spaces; 75,217 square feet of automobile storage and staging space; and the Common Licensee Area as depicted on Exhibit "Amendment 1, A.1" of this Agreement. 2 b. "Rental Car Counter/Office ffice Area" consisting of four (4) designated ticket counter and office locations each consisting of approximately 163 square feet of space each and located within the Airport's terminal building as depicted on Exhibit A.2 of this Agreement. 3. ADD: "Service Facility Area" shall mean a building and associated area of 7,231 square feet of space consisting of one automatic car wash bay, three manual car wash bays, one external car wash bay, a fuel island and vacuum system, including without limitation all related equipment, paving and utilities located within the Rental Car Storage and Service Facility Area. The Service Facility Area is designed solely for the washing, cleaning, fueling, and minor preventative maintenance of rental vehicles and shall be used on a first -come, first served basis with all Licensees. SECTION 3 LICENSEE OPERATING AREA: 1. REPLACE Section 3.1.1. with: 3.1.1. Licensee's Operating Area Licensee's Operating Area shall consist of those areas designated on the drawings attached as Exhibit "A", and includes the following elements: (1) the Ready Return parking spaces (often referred to as ready -return parking spaces or "Ready/Return Spaces"); (2) the Rental Car Storage and Service Facility Area; (3) the Common Licensee Area within the Rental Car Storage and Service Facility Area to be used in common with other Licensees; and (4) the Customer Service Counter and Office Area and check -in counter space within the Airport Terminal (collectively, "Rental Service Counter"). The County may unilaterally change the Licensee's Operating Area from time to time as deemed necessary by the County, at the County's expense provided that the County shall give Licensee commercially reasonable advance written notice of each substantial change, and further provided that the County shall make a reasonable effort to implement any changes that are made to minimize adverse impacts on Licensee's airport business operations, to the extent minimization is commercially reasonable under the circumstances. The County shall not be responsible for any Licensee administrative, moving, or planning expenses. 2. REPLACE Section 3.1.3. with: 3.L3 Rental Car Storage and Service Facility Area Licensee shall have the exclusive use of 24,812 square feet of space at the Rental Car Storage and Service Facility Area as depicted on Exhibit "Amendment 1, A.1" for the staging and storage of rental vehicles. Licensee shall further have the non-exclusive right to use the Common Licensee Area as depicted on Exhibit "Amendment 1, A.l" for the washing, cleaning, fueling, and minor preventative maintenance of rental vehicles in common with other Licensees. 3 Reallocation of that portion of the staging and storage area of the Rental Car Storage and Service Facility Area will be reviewed by the County at the end of Agreement Year 2. The County reserves the right to reallocate the Rental Car Storage and Service Facility Area during the 3`d Agreement Year at its sole discretion and provided agreement can be reached by all Licensees. Licensee shall use the Rental Car Storage and Service Facility Area solely for the washing, servicing, detailing, maneuvering, queuing, and storage of its vehicles used in its on -airport rental car operation. In no event shall engine tune-ups, engine or chassis repair or overhaul, painting or body work be performed. All uses of the Rental Car Storage and Service Facility Area shall be subject to and conducted in strict accordance with the Airport Stormwater Management Plan. Licensee shall not allow its customers or the public to enter the Rental Car Storage and Service Facility Area. Licensee shall ensure that only its rental vehicles are being serviced at the Rental Car Storage and Service Facility Area. No personal vehicles are permitted at the Rental Car Storage and Service Facility Area unless otherwise authorized by the County. The Licensee may provide temporary staging and storage of its rental vehicles in the Rental Car Storage and Service Facility Area prior to their return to the Licensee's Ready/Return parking spaces. Only Licensee employees will be permitted to park their vehicle at the Rental Car Storage and Service Facility Area. No other vehicle parking, including non -facility -based employee parking, shall otherwise be permitted in or about the Rental Car Storage and Service Facility Area except for fueling, maintenance, towing, or emergency services purposes. Licensee shall not allow parking of vehicles of passengers or flight crew intending to use the Airport's main terminal building for commercial flights. Violation of parking restrictions can result in the Licensee paying fees that would have been collected in available Airport paid public parking lots. SECTION 5 FEES AND FINANCIAL REPORTING: 1. REPLACE Section 5.1.2. with: 5.1.2 For the 24,812 square feet of exclusive use of space at the Rental Car Storage and Service Facility Area for the staging and storage of rental vehicles, Licensee shall pay $4.55 per square foot of space allocated to it or a total monthly fee of $9,407.88. This fee shall be adjusted by the County at the commencement of the third Agreement Year, and at the commencement of each succeeding Agreement Year based upon the percentage change in the Consumer Price Index (CPI-U) as published by the Bureau of Labor Statistics of the U.S. Department of Labor. The adjustment shall be by a percentage equal to the percentage increase of the CPI-U between the published CPI-U for the most immediately available month prior to the Commencement Date and the corresponding CPI-U for the same period twelve months previous. Provided however, the total monthly fee shall never be lower than the total monthly fee for the preceding Agreement Year. Licensee shall pay County no rent on the Common Licensee Area of the Rental Car Storage and Service Facility Area Facility during the term of this Agreement. For 4 successor agreements, which in the County's sole discretion are subject to bidding, requests for proposals or negotiation, rent for the Common Licensee Area of the Rental Car Storage and Service Facility Area shall be at a rate established by the County through such bid, request, or negotiation process. EXHIBITS REPLACE Exhibit A.1 — Ready Return Lot and Rental Car Storage and Service Facility Space Allocation with Exhibit Amendment 1, A,1 — Ready Return Lot and Rental Car Storage and Service Facility Space Allocation. IT IS AGREED AND UNDERSTOOD THAT ALL OF THE EXHIBITS, TERMS, AND CONDITIONS OF THE AGREEMENT NOT MODIFIED BY THIS AMENDMENT NO. 1 SHALL REMAIN IN FULL FORCE AND EFFECT. ////J///////IIII////INOTHING FURTHER FOLLOWS EXCEPT SIGNATURES///////////////////// 5 LICENSEE The Hertz Corporation 8501 Williams Road Estero, FL 33928 Printed Name/Title: Stephen alum Senior Vice President, Real Estate & Facilities LICENSOR PITKIN COUNTY, COLORADO 0233 E. Airport Rd., Suite A Aspen, Colorado 81611 ATTEST: Jt a�n t t. ,�otn,ts Feb-16-2021 Jeanette Jones Deputy Clerk and Recorder APPROVED AS TO FORM: Feb-18-2021 John Ely County Attorney BOARD OF COUNTY COMMISSIONERS OF PITIrKIN COUNTY, COLORADO tGu f t&Iticayf Rich Englehart Acting Airport Director Feb-16-2021 Date: APPROVED AS TO CONTENT: Feb-18-2021 Jon Peacock County Manager 6 ASPEN-PITKIN COUNTY AIRPORT LEGEND L,'_' { Avis Budget Car Rental, LLC The Hertz Corporation Enterprise Leasing Company of Denver, LLC Shit Rent A Car, LLC Common Licensee Area SOURCE: Googie Earth Pro, 201 B; Landsat/Copernicus, 2018; Ricondo & Associates Inc„ May 2020 110 NORTH Cl 200 ft. MAY 2020 AMENDMENT 1 A.1 READY RETURN PARKING AREA AND RENTAL CAR STORAGE AND SERVICE FACILITY AREA Clawing: P:Pmjecl.Clncinnali:Clienlatn pentlask 03 • Rental Car Concessions&SE Renlal CarICAC1ASE Rental Car Program arras_2020.03-24.dwgLayout Layoutt-A.1 Peaed: Mar 26. 2020, 09:01AM January 19, 2021 0 0 at Mo 0 x Enterprise Holdings Enterprise Holdings bA G 'O 0 N 0 W Enterprise Holdings Can you explain the methodology used to calculate the square footage amounts shown in the exhibit? Rental car company (RAC) space allocations were originally based on 2016— 2018 Airport rental car market shares; the most current three years of data available at the time the Airport issued its 2019 RAC Request for Proposal (RFP) process. These market shares were adjusted by ten percent to provide a space package for a 4`11 RAC concessionaire (Sixt). The four space packages derived from these market share calculations were used in the RFP and awarded based on minimum annual guarantee bids submitted by responding RACs. These space packages were then used to create Exhibit A.1 for the 20I9 Airport RAC License and Use Agreements and were also incorporated into the space allocations for the Interim Parking / Rental Car Improvements Project. The Airport presented its initial proposed allocation resulting from the Interim Parking / Rental Car Improvements Project during a September 9, 2019 meeting with the RACs. Through refinements based on discussions between the Airport and the RACs, Exhibit Amendment 1 A.1 was developed and is now included in Amendment 1. Section 1, Defmitions, "Common Licensee Area": Delete "but is not limited to" in the common Licensee Area Service Facility Area. Why would it not be limited to the defined area? Removed "but is not limited to" Section 1, Definitions, "Common Licensee Area": What `other facilities' are these? This should be deleted and the `other facilities' should be identified specifically herein. Removed "or other facilities" How many square feet? Need to have this number to then be able to comment on whether it is accurate or not. Added square feet. "75, 217 square feet of automobile storage and staging space" Section 1, Defmitions, "Service Facility Area": Delete other similar. Licensees is a defined term and includes all companies operating under a concession agreement with the airport. Response Removed "other similar" Comment 0 0 0 4 Comment Response Comment Response Comment Response Comment 0 N M 4. 14 Amendment Number 1 to the Rental Car Company License and Use Agreement 0 O 0 O 0 C CC `C4 Enterprise Holdings Enterprise Holdings Enterprise Holdings 1 Enterprise Holdings 1 Enterprise Holdings i Section 3, "Licensee Operating Area", Subsection 3.1.1 "Licensee's Operating Area": This should not be listed in Licensee's Operating Area. It is not the Licensee's Operating Area — it is common space - as newly defined in definitions and as further outlined in new 3.1.3. "(3) the Common Licensee Area in common with the other Licensees;" is in reference to the description of one of the elements included in Amendment I A.1. Further should this text be removed, the RACs would not have the right to use the Common Licensee Area. Section 3, "Licensee Operating Area", Subsection 3.1.3, "Rental Car Storage and Service Facility Area": Need this sq ft amount in order to comment on accuracy Each operator's amendment now includes their respective exclusive use space square feet. Section 5, "Fees and Financial Reporting", Subsection 5.1.2: How many sq feet? Need this to confirm accuracy Each operator's amendment now includes their respective exclusive use space square feet. Section 5, "Fees and Financial Reporting", Subsection 5.1.2: Added in current rate as per the current agreement Added in current rate for Agreement Year 2 which became effective November I, 2020. Section 5, "Fees and Financial Reporting", Subsection 5.1.2: Need sq ft to calculate before able to confirm accuracy I Response Each operator's amendment now includes their respective exclusive use space square feet and monthly fee. Comment Response Comment Response Comment Response Comment Response Comment D Z b [-: DO 01 r-I Amendment Number 1 to the Rental Car Company License and Use Agreement Contract No. 270.2020 AMENDMENT NO. 1 TO THE LICENSE AND USE AGREEMENT FOR A NON-EXCLUSIVE ON -AIRPORT RENTAL CAR CONCESSION AT ASPEN-PITKIN COUNTY AIRPORT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AND SIXT RENT A CAR, LLC AMENDMENT NO. 1 RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ASPEN-PITKIN COUNTY AIRPORT THIS AMENDMENT NO. 1 TO THE RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ("Amendment 1"), made as of the date last below signed, by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ("County"), a Colorado Home -rule County, as Licensor/Permittor, and, Sixt Rent A Car, LLC (herein "Licensee" or "Company"), a corporation authorized to conduct business in the State of Colorado and doing business at the Aspen-Pitkin County Airport ("Airport") only under the Sixt Rent a Car brand/trade name which is owned or licensed to be used by Licensee. RECITALS WHEREAS, the County and Licensee are parties to that certain RENTAL CAR COMPANY LICENSE AND USE AGREEMENT effective November 1, 2019, setting forth the terms and conditions for the provision of rental car services by Licensee at the Airport (herein, the "Agreement"); and WHEREAS, because of County's renovation to the Rental Car Storage and Service Facility Area, the allocated Operating Area square footage for each Licensee is being amended; and WHEREAS, County and Licensee mutually desire to amend the Agreement to recognize the change in square footage of Licensee's Operating Area. NOW, THEREFORE, the parties agree to amend the Agreement as follows: SECTION 1 DEFINITIONS: 1. ADD: "Common Licensee Area" shall mean approximately 56,100 square feet of space within the Rental Car Storage and Service Facility Area designated for the non- exclusive use in common by all Licensees and includes a 7,231 square foot Service Facility Area and 48,869 square feet of roadways and driving lanes within the Rental Car Storage and Service Facility Area. 2. REPLACE the definition for "Operating Area" with: "Operating Area" shall mean that portion of the Airport designated by the County for the use, occupancy, and operation of non-exclusive, on -airport rental car Licensees, and shall include: a. "Ready/Return Area and Rental Car Storage and Service Facility Area" means an area consisting of 61 Ready/Return Area automobile storage spaces; 75,217 square feet of automobile storage and staging space; and the Common Licensee Area as depicted on Exhibit "Amendment 1, A.1" of this Agreement. 2 b. "Rental Car Counter/Office Area" consisting of four (4) designated ticket counter and office locations each consisting of approximately 163 square feet of space each and located within the Airport's terminal building as depicted on Exhibit A.2 of this Agreement. 3. ADD: "Service Facility Area" shall mean a building and associated area of 7,231 square feet of space consisting of one automatic car wash bay, three manual car wash bays, one external car wash bay, a fuel island and vacuum system, including without limitation all related equipment, paving and utilities located within the Rental Car Storage and Service Facility Area. The Service Facility Area is designed solely for the washing, cleaning, fueling, and minor preventative maintenance of rental vehicles and shall be used on a first -come, first served basis with all Licensees. SECTION 3 LICENSEE OPERATING AREA: 1. REPLACE Section 3.1.1. with: 3.1.1. Licensee's Operating Area Licensee's Operating Area shall consist of those areas designated on the drawings attached as Exhibit "A", and includes the following elements: (1) the Ready Return parking spaces (often referred to as ready -return parking spaces or "Ready/Return Spaces"); (2) the Rental Car Storage and Service Facility Area; (3) the Common Licensee Area within the Rental Car Storage and Service Facility Area to be used in common with other Licensees; and (4) the Customer Service Counter and Office Area and check -in counter space within the Airport Terminal (collectively, "Rental Service Counter"). The County may unilaterally change the Licensee's Operating Area from time to time as deemed necessary by the County, at the County's expense provided that the County shall give Licensee commercially reasonable advance written notice of each substantial change, and further provided that the County shall make a reasonable effort to implement any changes that are made to minimize adverse impacts on Licensee's airport business operations, to the extent minimization is commercially reasonable under the circumstances. The County shall not be responsible for any Licensee administrative, moving, or planning expenses. 2. REPLACE Section 3.1.3. with: 3.1.3 Rental Car Storage and Service Facility Area Licensee shall have the exclusive use of 6,392 square feet of space at the Rental Car Storage and Service Facility Area as depicted on Exhibit "Amendment 1, A.1" for the staging and storage of rental vehicles. Licensee shall further have the non-exclusive right to use the Common Licensee Area as depicted on Exhibit "Amendment 1, A.1" for the washing, cleaning, fueling, and minor preventative maintenance of rental vehicles in common with other Licensees. 3 Reallocation of that portion of the staging and storage area of the Rental Car Storage and Service Facility Area will be reviewed by the County at the end of Agreement Year 2. The County reserves the right to reallocate the Rental Car Storage and Service Facility Area during the 3rd Agreement Year at its sole discretion and provided agreement can be reached by all Licensees. Licensee shall use the Rental Car Storage and Service Facility Area solely for the washing, servicing, detailing, maneuvering, queuing, and storage of its vehicles used in its on -airport rental car operation. In no event shall engine tune-ups, engine or chassis repair or overhaul, painting or body work be performed. All uses of the Rental Car Storage and Service Facility Area shall be subject to and conducted in strict accordance with the Airport Stormwater Management Plan. Licensee shall not allow its customers or the public to enter the Rental Car Storage and Service Facility Area. Licensee shall ensure that only its rental vehicles are being serviced at the Rental Car Storage and Service Facility Area. No personal vehicles are permitted at the Rental Car Storage and Service Facility Area unless otherwise authorized by the County. The Licensee may provide temporary staging and storage of its rental vehicles in the Rental Car Storage and Service Facility Area prior to their return to the Licensee's Ready/Return parking spaces. Only Licensee employees will be permitted to park their vehicle at the Rental Car Storage and Service Facility Area. No other vehicle parking, including non -facility -based employee parking, shall otherwise be permitted in or about the Rental Car Storage and Service Facility Area except for fueling, maintenance, towing, or emergency services purposes. Licensee shall not allow parking of vehicles of passengers or flight crew intending to use the Airport's main terminal building for commercial flights. Violation of parking restrictions can result in the Licensee paying fees that would have been collected in available Airport paid public parking lots. SECTION 5 FEES AND FINANCIAL REPORTING: 1. REPLACE Section 5.1.2. with: 5.1.2 For the 6,392 square feet of exclusive use of space at the Rental Car Storage and Service Facility Area for the staging and storage of rental vehicles, Licensee shall pay $4.55 per square foot of space allocated to it or a total monthly fee of $2,423.63. This fee shall be adjusted by the County at the commencement of the third Agreement Year, and at the commencement of each succeeding Agreement Year based upon the percentage change in the Consumer Price Index (CPI-U) as published by the Bureau of Labor Statistics of the U.S. Department of Labor. The adjustment shall be by a percentage equal to the percentage increase of the CPI-U between the published CPI-U for the most immediately available month prior to the Commencement Date and the corresponding CPI-U for the same period twelve months previous. Provided however, the total monthly fee shall never be lower than the total monthly fee for the preceding Agreement Year. Licensee shall pay County no rent on the Common Licensee Area of the Rental Car Storage and Service Facility Area Facility during the term of this Agreement. For 4 successor agreements, which in the County's sole discretion are subject to bidding, requests for proposals or negotiation, rent for the Common Licensee Area of the Rental Car Storage and Service Facility Area shall be at a rate established by the County through such bid, request, or negotiation process. EXHIBITS REPLACE Exhibit A.1 — Ready Return Lot and Rental Car Storage and Service Facility Space Allocation with Exhibit Amendment 1, A.1 — Ready Return Lot and Rental Car Storage and Service Facility Space Allocation. IT IS AGREED AND UNDERSTOOD THAT ALL OF THE EXHIBITS, TERMS, AND CONDITIONS OF THE AGREEMENT NOT MODIFIED BY THIS AMENDMENT NO. 1 SHALL REMAIN IN FULL FORCE AND EFFECT. /////////////////////NOTHING FURTHER FOLLOWS EXCEPT SIGNATURES///////////////////// 5 LICENSEE Sixt Rent a Car, LLC 1501 NW 49th ST, Suite 100 Fort Lauderdale, FL 33309 By: pith tt, (fti s tiu Mrz-18-2021 Printed Name/Title: Michael Meissner President & coo LICENSOR PITKIN COUNTY, COLORADO 0233 E. Airport Rd., Suite A Aspen, Colorado 81611 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO jt4IALfl1L t, jObu-S Feb-16-2021 Kat, filidutrt Jeanette Jones Rich Englehart Deputy Clerk and Recorder Acting Airport Director Feb-16-2021 Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: z o &, E17 Feb-18-2021 John Ely County Attorney Jon Peacock County Manager 6 ASPEN-PITKIN COUNTY AIRPORT Common Licensee Area 56,100 sq ft LEGEND Avis Budget Car Rental, LLC The Hertz Corporation MI Enterprise Leasing Company of Deriver, LLC Sixt Rent A Car, LLC I Common Licensee Area 5 spaces 10 spaces A � 4 18 spaces 14,969 sq ft 6,270 sq ft 11,456 sq ft SOURCE: Google Earth Pro, 2018; Landsat/Copernicus, 2018; Ricondo & Associates Inc., May 2020. NORTH 0 200 ft. 28 spaces _ c ilele1��i�lllllllll��lll1111���11 'p .6.. a i� MAY 2020 12,874 sq ft 13,356 sq ft 6,392 sq ft AMENDMENT 1 A.1 READY RETURN PARKING AREA AND RENTAL CAR STORAGE AND SERVICE FACILITY AREA Drawing: P2Project-Cincinnati\Clients&Aspen\Task 03 - Rental Car Concessions&SE Rental Ca0CAD1ASE Rental Car Program Areas_2020-03-24.dwgLayoul: Layoul1-A.1 Plotted: Mar 26, 2020, 09:01AM Aspen/Pitkin County Airport RESPONSES TO QUESTIONS AND COMMENTS ON AMENDMENT NO. 1 TO THE RENTAL CAR COMPANY LICENSE AND USE AGREEMENT ASPEN-PITKIN COUNTY AIRPORT January 19, 2021 No. Party 1. Comment Can you explain the methodology used to calculate the square footage amounts shown in the exhibit? Hertz Response Rental car company (RAC) space allocations were originally based on 2016 — 2018 Airport rental car market shares; the most current three years of data available at the time the Airport issued its 2019 RAC Request for Proposal (RFP) process. These market shares were adjusted by ten percent to provide a space package for a 4th RAC concessionaire (Sixt). The four space packages derived from these market share calculations were used in the RFP and awarded based on minimum annual guarantee bids submitted by responding RACs. These space packages were then used to create Exhibit A.1 for the 2019 Airport RAC License and Use Agreements and were also incorporated into the space allocations for the Interim Parking / Rental Car Improvements Project. The Airport presented its initial proposed allocation resulting from the Interim Parking / Rental Car Improvements Project during a September 9, 2019 meeting with the RACs. Through refinements based on discussions between the Airport and the RACs, Exhibit Amendment 1 A.1 was developed and is now included in Amendment 1. 2. Comment Section 1, Definitions, "Common Licensee Area": Delete "but is not limited to" in the common Licensee Area Service Facility Area. Why would it not be limited to the defined area? Enterprise Holdings Response Removed "but is not limited to" 3. Comment Section 1, Definitions, "Common Licensee Area": What `other facilities' are these? This should be deleted and the `other facilities' should be identified specifically herein. Enterprise Holdings Response Removed "or other facilities" 4. Comment How many square feet? Need to have this number to then be able to comment on whether it is accurate or not. Enterprise Holdings Response Added square feet. "75,217 square feet of automobile storage and staging space" 5. Comment Section 1, Definitions, "Service Facility Area": Delete other similar. Licensees is a defined term and includes all companies operating under a concession agreement with the airport. Enterprise Holdings Response Removed "other similar" Amendment Number 1 to the Rental Car Company License and Use Agreement Page 1 Aspen/Pitkin County Airport January 19, 2021 No. Party 6. Comment Section 3, "Licensee Operating Area", Subsection 3.1.1 "Licensee's Operating Area": This should not be listed in Licensee's Operating Area. It is not the Licensee's Operating Area — it is common space - as newly defined in definitions and as further outlined in new 3.1.3. Enterprise Holdings Response "(3) the Common Licensee Area in common with the other Licensees;" is in reference to the description of one of the elements included in Amendment 1 A.1. Further should this text be removed, the RACs would not have the right to use the Common Licensee Area. 7. Comment Section 3, "Licensee Operating Area", Subsection 3.1.3, "Rental Car Storage and Service Facility Area": Need this sq ft amount in order to comment on accuracy Enterprise Holdings Response Each operator's amendment now includes their respective exclusive use space square feet. 8. Comment Section 5, "Fees and Financial Reporting", Subsection 5.1.2: How many sq feet? Need this to confirm accuracy Enterprise Holdings Response Each operator's amendment now includes their respective exclusive use space square feet. 9. Comment Section 5, "Fees and Financial Reporting", Subsection 5.1.2: Added in current rate as per the current agreement Enterprise Holdings Response Added in current rate for Agreement Year 2 which became effective November 1, 2020. 10. Comment Section 5, "Fees and Financial Reporting", Subsection 5.1.2: Need sq ft to calculate before able to confirm accuracy Enterprise Holdings Response Each operator's amendment now includes their respective exclusive use space square feet and monthly fee. Amendment Number 1 to the Rental Car Company License and Use Agreement Page 2