HomeMy WebLinkAboutC93-076 The Hertz Corporation_Overflow Parking at EGEC93-76-17
LEASE AGREEMENT BETWEEN
EAGLE COUNTY
and
THE HERTZ CORPORATION
Overflow Parking at the Eagle County Regional Airport
THE
WHEREAS,/HERTZ CORPORATION ("Hertz") operates a car rental
agency by Agreement with the Fixed Base Operator ("FBO") at the
Eagle County Regional Airport, in Eagle County, Colorado; and
WHEREAS, the Agreement provides Hertz with a certain area
for parking its rental cars on the premises leased by the FBO
from Eagle County; and
WHEREAS, Hertz finds it requires additional parking space
which the.-FBO is unable to provide; and
WHEREAS, Hertz desires to lease a certain area located
opposite the Airport Terminal, across Eldon Wilson Drive, which
area is owned by Eagle County; and
WHEREAS, the Board of County Commissioners of Eagle County
("the County") is agreeable to leasing said area to Hertz under
the terms set forth below.
WHEREFORE, the County and Hertz agree as follows:
1. The County hereby leases to Hertz an area of
approximately 20,000 square feet, as generally depicted on
Exhibit "A" attached hereto and incorporated herein by this
reference (hereinafter referred to as "Leased Premises"), which
Hertz shall use solely for the storage and staging of its rental
cars.
2. The term of the lease is deemed to have begun on
December 1, 1992, and shall end on November:30, 1993.
3. In consideration for the County's entering into this
Lease Agreement, Hertz shall pay to the County the total sum of
$3,500.00, payable upon the execution by Hertz of this Agreement.
4. Hertz shall maintain during the term of this Lease
General Liability Insurance in the minimum amount of $150,000 per
person and $600,000 per occurrence, for coverage of claims for
damages arising from Hertz's services conducted on the Leased
Premises, including but not limited to personal injury or death,
property damage, and other damages imposed by law upon Hertz and
each subcontractor with respect to all work performed on the
Leased Premises. Such liability insurance shall be adjusted to
comply with any changed limits in the Colorado Governmental
Immunity Act, Title 24, Article 10, Colorado Revised Statutes.
5. Hertz covenants with the County, that at the expiration
of the term of this lease, Hertz will yield up the premises to
the County without further notice, in as good or better condition
as when the same were entered upon by Hertz.
6. Hertz - for itself, its subcontractors and employees -
shall indemnify, defend and hold harmless the County, its respec-
tive officers, representatives, employees, boards and commissions
from any loss, damage, expense, theft, cost, injury, liability,
claims, liens, demands, actions or causes of action, whatsoever,
including reasonable attorney's fees, arising out of or related
to Hertz's negligent acts, errors or omissions, whether contrac-
tual or otherwise, arising from this Lease Agreement.
7. The provisions of this Lease Agreement shall inure to
the benefit of and be binding upon the parties hereto, and their
respective successors and assigns. Hertz shall not assign this
Agreement without the prior written approval of the County.
8. GENERAL:
A. Hertz agrees to adhere to any and all applicable State,
County, and Federal regulations, including Eagle County Regional
Airport rules and regulations.
B. Hertz acknowledges that during the time of war or
national emergency, Eagle County shall have the right to lease
any part of the Eagle County Regional Airport to the United
States Government for military or naval use, and, if such lease
is executed, the provisions of this instrument insofar as they
are inconsistent with the provisions of the lease to the
Government, shall be suspended.
C. This Lease shall be subordinate to the provisions of
any existing or future agreement between Eagle County and the
United States, relative to the operation or maintenance of the
Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the
development of the Airport.
D. Hertz agrees to operate the premises leased for the use
and benefit of the public, more specifically as follows:
1) To furnish its services on a fair, equal, and non-
discriminatory basis to all users thereof, and
2) To charge fair, reasonable, and non-discriminatory
prices for each unit of sale or service, provided that
Lessee may be allowed to make reasonable and non-
discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
-2-
/00ft�
E. Hertz, for itself, its successors in interest and
assigns, as a part of the consideration hereof, does hereby
covenant and agree that:
1) No person on the grounds of race, color,. or na-
tional origin shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to dis-
crimination in the use of Hertz's facilities.
2) In the construction of any improvements on, over
or under such land and the furnishing of services thereon,
no person on the grounds of race, color, or national origin
shall be excluded form participation in, denied the benefits
of, or otherwise be subjected to discrimination.
3) Hertz shall use the premises in compliance with
all other requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimina-
tion in Federally Assisted Programs of the Civil Rights Act
of 1964, as said Regulations may be amended. In the event
of breach of any of the above non-discriminatory covenants,
the County shall have the right to terminate the lease and
to re-enter and repossess said land and the facilities
thereon, and hold the same as if said Lease had never been
made or issued. This provision does not become effective
until the procedures of 49 CFR Part 21 are followed and
completed, including expiration of appeal rights.
IN WITNESS WHEREOF, the parties hereto have signed this
document the /(, day of 1993.
ATTEST:
By.
om o&a COUNTY OF EAGLE, STATE OF
of �01Gi COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
Clerk toy the Board o
County Commissioners
By.
Georg A. Gates, Chairman
Address for giving notice:
P.O. Box 850
Eagle, CO 81631
Attn: Dan Reynolds
ATTEST- THE HERTZ RPORATION
By: By. I
Robert M. Hdrkitz R bert K. Madge t
Assistant Secretary Vice President, Properties
Address for giving notice:
225 Brae Boulevard
1-A-7 "Hertz" 1 - Park Ridge, New Jersey 07656
Attn: Senior Vice President,
-3- Properties and Facilities
c '
7 M
TERMINAL
PU13LIG PARKING
VAJ