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Home My WebLink Aboutbocc.ord.014.2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, OF PITKIN COUNTY, COLORADO, APPROVING ON-AIRPORT RENTAL CAR ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT WITH DTG OPERATIONS, INC. FOR THE PROVISION OF ON-AIRPORT RENT-A-CAR CONCESSION SPACE AT THE ASPEN/PITKIN COUNTY AIRPORT Ordinance # 0/*[ , Series of 2004 RECITALS 1. Pitkin County, a Colorado home-role County, is the owner, sponsor and operator of the Aspen/Pitkin County Airport (Sardy Field), located in the vicinity of Aspen, Colorado, and has the authority to regulate commercial activities and to lease and license space at the Airport, pursuant to, inter alia, 1973 C.R.E. 41-4-101 et seq., 30-35-202, Title 10 of the Pitkin County Code, Article 1, Section 8.7 of the Pitkin County Home Rule Charter; and 2. The County, and Westrac, Inci, d/b/a Thrifty Rent-A-Car entered into a License and Use Agreement ("License Agreement") effective May 1, 1996; and, Joint Facilities Lease dated July 22, 1998; Westrac, Inc., d/b/a Thrifty Rent-A-Car desires to transfer the Rental Car Agreement and Joint Facilities Lease and any other obligations it may have related to the operation of its rental car franchise at the Airport to DTG Operations, Inc. 3. The County consents to the assignment by Westrac, Inc. dba Thrifty Rent-A-Car of the License and Use Agreement and Joint Facilities Lease to DTG Operations, Inc. 4. The Director of Aviation recommends the approval of the attached Rental Car Assignment, Assumption and Consent Agreement and adoption of this agreement is in the best interest of the County. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN CoUNTY, COLORADO: Section 1 That the attached copy of the Rental Car Assignment, Assumption and Consent Agreement is hereby adopted and approved between the County and DTG Operations, Inc. Section 2 That the Chair (or Vice-Chair) of the Board of County Commissitmers is hereby authorized and directed to execute the attached Rental Car Assignment, Assumption and Consent Agreement on behalf of the County. Section 3 That a public hearing on this Ordinance shall be held at BOCC's regular meeting on March 24, 2004, or as soon thereafter as the conduct of bus~ness will allow in the Pitkin County Courthouse Annex Building, 1st Floor Conference Room, 530 E. Main, Aspen, Colorado. INTRODUCED, FIRST READ, AND SET FOR SECOND READING AND PUBLIC HEARING BY THE BOARD AT THE REGULAR MEE;iTNG ON THE MARCH I0, 2004. PUBLISHED, INCLUDING NOTICE OF PUBLIC HEARING, IN THE ASPEN TIMES ON THE 13TH DAY OF MARCH 2004. APPROVED AND ADOPTED UPON SECOND READING AND AFTER A DULY- NOTICED PUBLIC HEARING BY X'MAJiSi~ OF THE BOARD AT THE REGULAR MEETING ON THE ~ ¥~ DAY OF ~..~c,e~... ,2004. PUBLISHED, IN SHORT OUTLINE, AFTER ADOPTION IN THE ASPEN TIMES ON THE $~ DAY OF~ ~2004. ATTEST: uett~'Jone~ ty Clerk & ;corder ,~-~2a--~ Date County Attorney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO orothea Farris, ChairperSon - - Date MANAGER APPROVAL: HHary F~t~her Smith Date County M"anager APPROVED AS TO CONTENT: JC~)e~.. Elwood: ~AE Date Director of Aviation RENTAL CAR ASSIGNMENT. ASSUMPTION AND CONSENT AGREEMENT This Rental Car Assignment, Assumption and Consent Agreement is entered into this day of ~~_____ between the Board of County Commissioners of Pitkin County, Colorado (the "County"), DTG Operations, Inc. and Westrac, Inc. dba Thrifty Rent-A-Car. RECITALS The parties recite and declare that: WHEREAS, the County is owner and operator of the AsPen/Pitkin County Airport ("Sardy located in Pitkin County in the vicinity of Aspen, Colorado (the "Airport"); '¢/HEREAS, the County has authority to operate and manage the Airport, to regalate ccr;a~aercial activities at the Airport, and to lease and license space thereon, pursuant to, inter alia, 1973 C.R.S. 4i-4-101 et seq., 30-35-202, Title 10 of the Pitkin County Code, and Section 8.7.2 of the Pitkin Cvan*y Home Rule Charter; WHEREAS, the County and Westrac, lnc. dba Thrifty Rent-A-Car entered into a Rental Car License and Use Agreement ("License Agreement"), effective May 1, 1996, under which Westrac, dba Thrifty Rent-A-Car is authorized to engage in the business of a commercial rental car operation, and occupy and use areas and facilities on the Airport, pursuant to the terms of the License and Use agreement and for a limited term; WHEREAS, the County, Westrac Inc. dba Thrifty Rent-A-Car, and other rental car companies operating at the Airport entered into a Joint Facilities Lease and Redevelopment Agreement on Airport rental car wash and fuel facility (the "Joint Facilities Lease") dated July 22, 1998; WHEREAS, the LicerJse Agreement, and the Joint Facilities Lease, may only be assi~ed by Westrac, Inc. dba Thrifty Rent-A-Car with the prior written consent of the County; WHEREAS, Westrac, Inc. dba Thrifty Rent-A-Car proposes and desires to transfer and assign to DTG Operations, Inc. all of its rights, title and interest in and to the License Agreement, Joint Facilities Lease, and any other obligations it may have related to the operation of its rental car franchise at the Airport and DTG Operations, Inc. wishes to accept assignment of the same, and to assume all obligations thereunder; and WHEREAS, the County wishes to consent to the proposed assignment by Westrac, Inc. dba Thrifty Rent-A-Car to DTG Operations, Inc. under the terms and conditions set forth herein. NOW THEREFORE, for valuable consideration, including the consent and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Westrac. Inc. dba Thrifty Rent-A-Car acknowledges that it has duly executed any relevant documents and will promptly deliver them to DTG Operations, Inc. upon execution of the Assignments, and this Agreement, by the County. Westrac. Inc. dba Thrifty Rent-A-Car hereby transfers and assigns to DTG Operations, Inc. alt of its rights, title and interest in and to the License Agreement, and the Joint Facilities Lease. 2. DTG Operations, Inc. hereby accepts assignment of the License Agreement, and the Joint Facilit~e: Lease, and agrees to comply with all applicable terms, conditions and provisions thereof. and assume~ r~nd agrees to discharge all duties of Westrac. Inc. dba Thrifty Rent-A-Car thereunder. 3. The Coumy consents to the assignment by Westrac, Inc. dba Thrifty Rent-A-Car of the License Agr~ment, and the Joint Facilities Lease. subject to the assumption by DTG Operations, Inc. of all of Westrac, !nc. dba Thrifty Rent-A-Car's duties, obligations and liabilities thereunder. 4 DTG Operations, Inc. warrants and represents that it has reviewed the License A~eement, and the Joint Facilities Lease, and is fully aware of their provisions: that it has inspected the Airport facilities subject to the License Agreement and Joint Facilities Lease. and is fully aware of the nature, extent and conditions thereof, and limitations thereon: and that by virtue of limited space and its environmentally sensitive location, operations on and from the Airport may be materially different and substantially restricted when compared to other airports. 5. On and after the effective date of this Assignment, Assumption and Consent Agreemertt, DTG Ol>erations, Inc. a~ees to be responsible for all payments due to the Coumy as contained in the Original License and Use Agreement, and the Joint Facilities Lease dated May 1, 1996 regardless of whether such amounts due are anributable to operations prior to or after the date hereon. 6. DTG Operations, Inc. understands and agrees that the License Agreement contains a var/able term. and contains no option for DTG Operations, Inc. to renew, and that at the end of the term thereof, the award ora successor agreement, if any, may be subject to bidding, and will in any event be made in e, ccordance with County policies then in effect. 7. ~he County disclaims any responsibilities or liability to Westrac. Inc. dba Thrifty Rent- A-Car or DTG Operations, Inc. with respect to the performance of any underlying Agreement between the two. including but not limited to the payment of any amounts, the delivery of anything of value, and the condition of any portion of the premises assigned. 8. Nothing in this Agreement shall create any rights in DTG Operations, Inc. on impose any additional obligations on the County, beyond those in the License Agreement and Joint Facilities Lease. 9. Under no circumstances shall this Agreement entitle DTG Operations, Inc. to conduct business at the existing Westrac, Inc, dba Thrifty Rent-A-Car location for any entity other than Thrifty Rent-A-Car. This Assignment, Assumption and Consent Agreement is executed by the parties effective as of the day and date set forth above. THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Attest: Do' ih~-F~ris', Chair ~erso'n Date County Clerk~ LICENSEE: WESTRAC, 1Nc. DBA THRIFTY RENT-A-CAR ~By: Attest: RECOMMENDED FOR APPROVAL: Jam"asJP. Elwood. ~..AiE. ' Director of Aviation MANAGER APPROVAL: Hilary~£1~tcher Smith County-Manager DTG ' ' "' ' " OPERAI IONS, INC, Attest: County Attorney