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Home My WebLink Aboutbocc.ord.015.2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, OF PITKIN COUNTY, COLORADO. APPROVING OFF-AIRPORT RENTAL CAR ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT WITH DTG OPERATIONS, INC. FOR THE PROVISION OF OFF-AIRPORT RENT-A-CAR OPERATIONS AT THE ASPEN/PITKIN COUNTY AIRPORT Ordinance ~ 0/.~- , Series of 2004 RECITALS 1. Pitkin County, a Colorado home-rule 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, Tire 10 of the Pitkin County Code, Article 1. Section 8.7 of the Pitkin County Home Rule Charter; and 2. The County, and JFC Automotive Rental Group, L.L.C. dba Dollar Rent-A-Car, Inc. entered into a License and Use Agreement ("License Agreement") effective January 1, 1999; JFC Automotive Rental Group, L.L.C. dba Dollar Rent-A-Car, Inc. desires to transfer the Rental Car Agreement and any other obligations it may have related to the operation of its rental car franchise off-airport to DTG Operations. [nc. 3. The County consents to the assignment by JFC Automotive Rental Group, L.L.C. dba Dollar Rent-A-Car, Inc. of the License and Use Agreement 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 Commissioners is hereby authorized and directed to execute the attached Rental Car Ass~gmnent, Assumption and Consent Agreement on behalf of the County. Section 3 That a public hearing on this Ordinance shall be held at OCC s regular meeting on March 24, 2004, or as soon thereafter as the conduct of business 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 MEETING ON THE MARCH 10, 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 A MAJORITY OF THE i~OARD AT THE REGULAR MEETING ON THE ~ ¥ ~ DAY OF ~,'kl. ~ ,2004. PUBLISHED, IN SlrttDRT O~UTLINE, AFTER ADOPTION IN THE ASPEN TIMES ON THE ~ ~ DAY OF. ~.o~7 ,2004. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO Dorothea Farris, Chairperson Date ~anette Jones // Date /loeputy Clerk &//Recorder ~.FORM: APPROVED AS TO CONTENT: Jame"g-P~lwood, AAE Date Director of Aviation MANAGER APPROVAL: Hilary ~l~tcher Smith Date Count3L~lanager OFF-AIRPORT RENTAL CAR ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT Th,,[is^Uental C, ar Assignment, Assumption and Consent Agreement is entered into this ~_~tSC day of ~ between the Board of County Commissioners of Pitkin County, Colorado (the "County"), and DTG Operations, Inc. and JFC Automotive Rental Group, L.L.C. dba Dollar Rent A Car. The parties recite and declare that: WHEREAS, the County ts owner and operator of the Aspen/Pitkin County Airport ("Sardy Field"), located in Pitkin County in the vicinity of Aspen, Colorado (the "Airport"); WHEREAS, the County has authority to operate and manage the Airport, to regulate commercial activities at the Airport, and to lease and license space thereon, pursuant to. inter alia, 1973 C.R.S. 41-4- 101 e_t seq., 30-35-202, Title 10 of the Pitldn County Code, and Section 8.7.2 of the Pitkin County Home Rule Charter: WHEREAS, the CoUnty and JFC Automotive Rental Group, L.L.C. dba Dollar Rent-A-Car, Inc. entered into an Off-Airp_0rt Rental Car License and Use Agreement, effective January I, 1999. under which Dollar Rent-A-Cat,is authorized to engage in the business of off-airport commercial rental car operation: WHEREAS, JFC Automotive Rental Group, L.L.C. dba Dollar Rem-A-Car, Inc. proposes and desires to transfer and asstgn to DTG Operations, Inc. all of its rights, title and interest in the License Agreement and any other obligations it may have related to the operation of its rental car franchise as an off-aL-pon car rental and DTG Operations, Inc. wishes to accept assignment of the same. and to assume all obligations thereunder; and WHEREAS, the License Agreement, may only be assigned by JFC Automotive Rental Group, L.L.C. dba Dollar Rent-A-Car, Inc. with the prior written consent of the County; WHEREAS, the County wishes to consent to the proposed assignment by JFC Automotive Rental Group, L.L.C. dba Dollar Rent-A-Car, Inc. to DTG Operations, Inc. under the terms and conditions set forth herein. NOW THEREFORE, for valuable consideration, including the consent and agreement contained herein, the receipt and suffimency of wkich are hereby acknowledged, the parties agree as follows: 1. JFC Automotive Rental Group, L.L.C. dba Dollar Rent-A-Car, Inc. 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. JFC Automotive Rental Group, L.L.C. dba Dollar Rent-a-Car. Inc. hereby transfers and assigns to DTG Operations. Inc. all of its rights, title and interest in and to the License Agreement. 2. DTG Operations, Inc. hereby accepts assignment of the License Agreement, and agrees to comply with all applicable terms, conditions and provisions thereof, and assumes and agrees to discharge all duties of IFC Automotive Rental Group, L.L.C. dba Dollar Rent A Car thereunder. 3. The County consents to the assignment by IFC Automotive Rental Group, L.L.C. dba Dollar Rent A Car of the License Agreement, subject to the assumption by DTG Operations, Inc. of all of IFC Automotive Rental Group, L.L.C. dba Dollar Rent A Car's duties, obligations and liabilities thereunder. 4. DTG Operations, Inc. warrants and represents that it has reviewed the License Agreement, and is fully aware of their provisions, nature, extent and conditions thereof, and limitations thereon; operations off 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 Agreement, DTG Operations, Inc. agrees to be responsible for all payments due to the County as contained in the Original License and Use Agreement dated January 1, 1999 regardless of whether such amounts due are attributable to operations prior to or after the date hereon. 7. The County disclaims any responsibilities or liability to IFC Automotive Rental Group, L.L.C. dba Dollar 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. 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 P1TKIN COUNTY, COLORADO By: Attest: !i~ LICENSEE: IFC AUTOMOTIVE RENTAL GROUP, .~_~~~.~ L.L.C. dba Dollar Rent A Car ? Farris, Chairpe/~ Date ~ ,ounty Clerk //- ' ~ -~n0¥ J~ F. 'lEonine, Managing Member RECOMMENDED FOR APPROVAL: Jam'es-P. Elweod, A.A.g'>-. Director of Aviation MANAGER APPROVAL: DTG OPERATIONS, INC. By: Attest: Hilat~ Flet~r Smith County M/m~ger ~olm Ely, Esq. County Attorney