04/17/1996 Lease & Concession
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BRANCH OFFICE
3117 OVERSEAS ffiGHWA Y
MARAmON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS ffiGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO: Peter Horton, Director
Division of Community Services
FROM:
Bevette Moore
Airport Finance
Ruth Ann Jantzen, Deputy Clerk #.AJ.
Attention:
DATE:
May 6, 1996
------------------------------------------------------------------------------------------------------------------------
On April 17 , 1996, the Board of County Commissioners granted approval and
authorized execution of a Lease and Concession Agreement between Monroe County and
A vis Rent A Car System, for operations at the Marathon Airport.
Enclosed please find a fully executed duplicate original of the above Agreement
for return to A vis.
If you have any questions concerning the above, please do not hesitate to contact
me.
cc: County Attorney
Finance
County Administrator, w/o document
File
LEASE AND CONCESSION AGREEMENT
MARATHON AIRPORT
THIS CONTRACT OF LEASE is made and entered into on the ~ day of
~, 199~,by and between MONROE COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as Lessor, and A VIS RENT A CAR SYSTEM,
~
INC., qualified to do business in the State of Florida, hereinafter referreJ t~~s L~ee iF
a!:.;.i rr,
"):x:" 5! c:J
Concessionaire; ::', -< '"n
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WHEREAS, Lessor desires to grant to Lessee a non-exclusive ri~,tc:) op'erate Q.n
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automobile rental concession at and from the Marathon Airport at;Mardthofi Flo~,
hereinafter referred to as Airport; and
WHEREAS, Lessor and Lessee desire, in connection with said operations, to
provide for the leasing by Lessor to Lessee of certain space in and around the Airline
Terminal at the Airport for the establishment of a Rental Car Concession to
accommodate the Lessee's customers and provide space for the temporary
placement of rental ready vehicles and for other purposes in connection with said
operations, all as hereinafter more specifically provided;
NOW, THEREFORE, in consideration of the premises and of mutual covenants and
promises hereinafter contained, the parties hereto do hereby agree as follows:
1. Premises - Lessor hereby leases to Lessee for its exclusive use as rental car
office space # 1 02 located in the airline terminal at Marathon, Monroe County, Florida,
said space containing 247 square feet, and being designated "Auto Rental
Office/Counter," as shown on Exhibit A, attached hereto and made a part hereof; and
in addition thereto, hereby provides 7124 sq. ft. of car prep. area and fourteen (14)
.
rental car ready spaces in the parking lot.
2. Term - This agreement is for a term of five (5) years, commencing March
1, 1995, and expiring on February 29, 2000.
3. Rental and Fees - Lessee, for and during the term hereof, shall pay to
Lessor for the use and occupancy of said Basic Premises and for the rights and
privileges herein granted it at the following scheduled rates and fees:
(a) Counter Rental: Office/Counter space rental will be paid
for at the follow rates:
Marathon Airport - $20.00/sq. ft./per annum + tax.
Counter/office rental space includes that space physically enclosed by
the counter, side partitions and backwall. This rate includes the operating
and maintenance expense directly related to the airline terminal cost
center plus allocated administrative cost plus return on investment. These
rates, which are currently equal to the airline rental rate for publicly
exposed space, will be adjusted yearly. The annual adjustment shall be
made in accordance with percentage change in the Consumer Price
Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida,
area index, and shall be based upon the annual average CPI
computation from January 1 through December 21 of the previous year.
(b) Car prep. Area - 7124 sq. ft. - .395/sq. ft./per annum - utilities
to be paid by Lessee. Lessor shall obtain any development permits, use
permits and occupational licenses necessary for the washing and other
preparation, other than mechanical repairs, of cars for rental.
(c) Fourteen (14) Car Ready Spaces - Exhibit C - no charge.
(d) Concession Fee: Guaranteed minimum annual
concession fee for each contract year of the five (5) year term of this
concession agreement shall be $25,000.00. The Lessee agrees to pay
monthly ten (10) percent of gross revenues for the previous month or one
twelfth (1/12) the guaranteed annual minimum, whichever is greater. In
the event the total amount paid during anyone year period under this
method exceeds ten percent of gross revenues or the annual minimum
guarantee, whichever is greater, for that one year period, an adjustment
will be made to the first months rent for the next subsequent period or, at
the end of the fifth year, reimbursement will be made within thirty days.
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A performance bond in the amount of $25,000 (twenty-five thousand dollars) shall be
provided to the Board of County Commissioners and shall be held in escrow as security
to insure conformance with the contract provisions. It is not the intent of the County to
call the bond for rental payments unless there is a violation of the contract.
4. Definition of Gross Receipts - As used herein, the term "gross receipts"
shall mean the total sum of money, from charges for net time, mileage, and personal
accident insurance, paid or payable, whether by cash or credit, (after any discount
specifically shown on the car rental agreement), by the customer to Concessionaire for
or in connection with the use of vehicle contracted for, delivered or rented to the
customer at the Airport, regardless of where the payment is made or where the vehicle
is returned. The Concessionaire for the purpose of its concession rentals shall report all
income, both cash and credit, in its monthly gross receipts statement.
5. Accountina Procedures - The Concessionaire shall keep records of all
sales and revenues, whether for cash or credit, whether collected or not from its
operations in a manner generally accepted as standard to the automobile rental
industry located on Airports. Lessee agrees to operate its business upon the Airport so
that a duplicate rental agreement invoice, serially pre-numbered, shall be issued for
each sale or transaction whether for cash or credit. Lessee further agrees that it will
make available to Monroe County, a full and complete book of accounts and other
records required by the County to provide a true account of all revenues pertaining to
its operations under the provisions hereof. The County, acting through its Finance
Director or other authorized representative, shall have the right to inspect and audit the
Concessionaire's books of accounts and other records directly generated at the
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Marathon Airport office or otherwise pertaining directly to this agreement. Knowingly
furnishing the County a false statement of its gross sales under the provision hereof will
constitute a default by the Concessionaire of this agreement and the County may, at
its option, declare this contract terminated. The Lessee retains the right to have its
controller or a representative assigned by its controller to be present during any
inspection or audit by the County. Ten (10) business day's notice must be given of
intent to audit by the County to allow Lessee's controller sufficient time to schedule
said presence.
6. Abatement of Minimum Guarantee - In the event that (1) for any reason
the number of passengers deplaning on scheduled airline flights at the Airport during
any month shall be less than eighty percent (80%) of the number of such deplaning
passengers in the same period of calendar year 1994, or in the event that (2) in the
opinion of the Board of County Commissioners, the operation of Lessee's car rental
business at the Airport is affected through no fault of Lessee by shortages or other
disruption in the supply of automobiles, gasoline, or other goods necessary thereto, and
said shortages or other disruptions results in the material diminution in Lessee's gross
receipts hereunder for a period of at least thirty (30) days, and said shortages or other
disruptions are not caused by a labor dispute with Lessee, such diminution to be
satisfactorily demonstrated by Lessee to the Board of County Commissioners, then, in
either event, the ,y\inimum Guarantee Fee should be abated for the period of time
such condition continues to exist. During said period of time, Lessee shall continue to
pay to the Lessor ten percent (10%) of gross receipts from the operations hereunder as
hereinbefore defined.n
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7. Investment by the Lessee - All leasehold improvements and their titles
shall vest immediately in Monroe County upon their acceptance by the County.
Furniture, furnishings, fixtures and equipment will remain the personal property of
Concessionaire and may be removed upon the termination of the agreement,
provided all of its accounts payable to the County are paid at that time, or in the
event the County does not purchase same.
8. Leasehold Improvements - Lessee has the right during the term hereof, at
its own expense, at any time from time to time:
to install, maintain, operate, repair and replace any and all trade fixtures
and other personal property useful from time to time in connection with its
operation on the Airport, all of which shall be and remain the property of
Lessee and may be removed by Lessee prior to or within a reasonable
time after expiration of the term of this agreement; provided, however,
that Lessee shall repair any damage to the premises caused by such
removal. The failure to remove trade fixtures or other personal property
shall not constitute Lessee a hold-over, but all such property not removed
within ten (1 0) days after Lessee receives a written demand for such
removal shall be deemed abandoned and thereupon shall be the sole
property of the Lessor.
Leasehold improvements shall include any installation of walls, partitions, doors and
windows, any electrical wiring, panels, conduits, service connections, receptacles or
lighting fixtures attached to walls, partitions, ceilings or floor, all interior finish to floors,
walls, doors, windows or ceilings; and all floor treatments or coverings, other than
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carpeting, that is affixed to floors; sanitary disposal lines and sinks, commodes, and
garbage disposal units; all heating, air treatment or ventilating distribution systems,
including pipes, ducts, venthoods, air handling units and hot water generators; and all
refrigerator rooms or vaults and refrigerated waste rooms including refrigeration or
ventilating equipment included with same. Any furniture, fixtures, equipment,
carpeting and draperies not classified as leasehold improvements above shall be the
personal property of the Concessionaire.
9. Damaoe and Iniurv - Lessee covenants that it and all of its agents,
servants, employees, and independent contractors will use due care and diligence in
all of its activities and operations at the Airport and the Concessionaire hereby agrees
to repay or be responsible to Monroe County for all damages to the property of the
County which may be caused by an act or omission on the part of the Concessionaire,
its agents, servants, or employees and except to the extent that such damage to the
property is covered by insurance required to be provided by the Concessionaire under
any provision hereof, or is provided by Monroe County (except subrogation rights of the
County's carrier), Concessionaire shall pay, on behalf of the County, all sums which the
County shall become obligated to pay by reason of the liability, if any, imposed by law
upon the County for damages because of bodily injury, including damages for care
and loss of service, including death at any time resulting from bodily injury and
because of injury t%r destruction of property, including the loss or use thereof which
may be caused by or result from any of the activities, omission, or operations of the
Concessionaire, its agents, servants, or employees on the Airport.
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10. Other Development of Airoort - Monroe County reserves the right to
further develop or improve the landing area of the Airport as its sees fit, regardless of
the desires or views of the Concessionaire, and without interference or hindrance;
provided, however, that in no event can the County deprive the Concessionaire of
reasonable and direct routes of ingress and egress to the premises.
11. Terminal Area Plannino - Lessee acknowledges that Monroe County has
Master Plans including terminal area revisions. Lessee hereby agrees to cooperate to
the fullest with the County, especially in those areas of terminal improvements which
may at some time cause relocation of rental car facilities.
12. Utilities - Electricity, water and trash removal service will be assessed to
Lessee at a surcharge of $250.00 per month, which monthly fee shall be adjusted for
each contract year commencing November 15, 1995, in accordance with the
percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical
Workers in the Miami, Florida, area index, and shall be based upon the annual average
CPI computation from January 1 through December 31 of the previous year.
13. Lessee's Oblioations - Lessee covenants and agrees:
(a) to pay the rent and other charges herein reserved at such
times and places as the same are payable;
(b) to make no alterations, additions or improvements to the
demised premises without the prior written consent of Lessor, which
consent shall be not be unreasonably withheld;
(c) to keep and maintain the demised premises in good
condition, order and repair during the term of this agreement, and to
surrender the same upon the expiration of the term in the condition in
which they are required to be kept, reasonable wear and tear and
damage by casualty, not caused by Lessee's negligence, riot and civil
commotion, excepted;
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(d) to observe and comply with any and all requirements of the
constituted public authorities and with all federal, state or local statutes,
ordinances, regulations, and standards applicable to Lessee or its use of
the demised premises, including, but not limited to, rules and regulations
promulgated from time to time by or at the direction of Lessor for
administration of the Airport;
(e) to pay all taxes assessed or imposed by any governmental
authority upon any building or other improvements erected or installed
on the demised premises during the term of this agreement;
(f) to control the conduct, manner and appearance of its
officers, agents, and employees, and any objection from the Director of
Airports concerning the conduct, manner or appearance of such
persons, Concessionaire shall forthwith take steps necessary to remove
the cause of the objection.
14. Lessor's Insoection and Maintenance - Lessor and its authorized officers,
employees, agents, contractors, subcontractors and other representatives shall have
the right to enter upon the demised premises for the following purposes:
(a) to inspect the demised premises at reasonable intervals during
regular business hours (or at any time in case of emergency) to determine
whether Lessee has complied and is complying with the terms and
conditions of this agreement with respect thereto; or
(b) to perform essential maintenance, repair, relocation, or removal of
existing underground and overhead wires, pipes, drains, cables and
conduits now located on or across the demised premises, and to
construct, maintain, repair, relocate and remove such facilities in the
future if necessary to carry out the Master Plan of development of the
Airport; provided, however, that said work shall in no event disrupt or
unduly interfere with the operations of Lessee, and provided further, that
the entire cost of such work, including but not limited to the cost of
rebuilding, removing, relocating, protecting or otherwise modifying any
fixed improvements at any time erected or installed in or upon the
demised premises by Lessor, Lessee or third parties, as a result of the
exercise by Lessor of its rights hereunder, and the repair of all damage to
such fixed improvements caused thereby, shall be borne solely by Lessor.
15. Indemnification - Lessee shall indemnify and hold Lessor forever harmless
from and against all liability imposed upon Lessor by reason of legal liability for injuries
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to persons, or wrongful death, and damages to property caused by Lessee's
operations or activities on such premises or elsewhere at the Airport, provided that
Lessor shall give Lessee prompt and timely notice of any claim made against Lessor
which may result in a judgment against Lessor because of such injury or damage and
promptly deliver to Lessee any papers, notices, documents, summonses, or other legal
process whatsoever served upon Lessor or its agents, and provided further that Lessee
and its insurer, or either of them, shall have the right to investigate, compromise, or
defend all claims, actions, suits and proceedings to the extent of Lessee's interest
therein; and in connection therewith, the parties hereto agree to faithfully cooperate
with each other and with Lessee's insurer or agents in any said action.
(a) Insurance Lessee shall carry fire and extended coverage
insurance, if obtainable, on all fixed improvements erected by Lessee n
the demised premises to the full insurable value hereof, it being
understood and agreed that for purposes hereof the term "full insurable
value" shall be deemed to be that amount for which a prudent owner in
like circumstances would insure similar property, but in no event an
amount in excess of Lessee's original cost of constructing said fixed
improvements.
(b) Coveraae - The Lessee shall procure and maintain insurance of
the types and to the limits as contained in Exhibit "D", which is hereby
made a part of this Lease.
16. Non-Discrimination - Lessee shall furnish all services authorized under this
agreement on a fair, equal and non-discriminatory basis to all persons or users thereof,
charging fair, reasonable, and non-discriminatory prices for all items and services
which it is permitted to sell or render under this agreement shall be construed as
requiring the Lessee to seek approval by Monroe County before or after Lessee
establishes or alters its rental car rates. Lessee shall not discriminate in its employment
9
practices against any person on the basis of race, sex, creed, color, national origin,
age or any other characteristic or aspect which is not job related.
17. Rules and Reaulations - Lessee agrees to observe and obey, during the
term of this agreement, all laws, ordinances, rules and regulations promulgated and
enforced by the County and by any other proper authority having jurisdiction over the
conduct of the operations at the Airport. Within thirty (30) days from the date of this
contract, the County shall provide Lessee a written list of all rules and regulations which
it has promulgated up until that time and which will effect the Lessee's operations
hereunder. In the event new rules and regulations are contemplated, written notice of
same shall be furnished to Lessee, and Lessee will be given thirty (30) days to comply.
In the event that Lessee should determine that any contemplated rule or regulation
unreasonably hinders him in his operation under this agreement, the Lessee shall so
notify the County, and the parties hereto agree that any problem arising incidental
thereto will, as much as possible, be worked out between the parties without the
necessity to resort to further legal remedies.
18. FurnishinQ of Service - The Lessee further covenants and agrees that he
will, at all times during the continuance of the term hereby demised and any renewal
or extension thereof, conduct, operate, and maintain for the benefit of the public, the
rental car concession provided for and described herein, and all aspects and parts
and services thereof as hereinabove defined and set forth, and will make all such
facilities and services available to the public and that he will devote his best efforts for
the accomplishment of such purposes.
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19. United States' Reauirements - This lease shall be subject and subordinate
to the provisions of any existing or future agreement between the Lessor and the United
States relative to the operation or maintenance of the Airport, and execution of which
has been or may be required by the provision of the Federal Airport Act of 1946, as
amended, or any future act affecting the operation or maintenance of the Airport,
provided, however, that Lessor shall, to the extent permitted by law, use its best efforts
to cause any such agreement to include provisions protecting and preserving the rights
of Lessee in and to the demised premises and improvements thereon, and to
compensation for the taking thereof, and payment for interference therewith and for
damage thereto, caused by such agreement or by actions of the Lessor or the United
, States pursuant thereto.
20. Lessor's Covenants - The Lessor covenants and agrees that:
(a) Lessor is the lawful owner of the property demised
hereby, that it has lawful possession thereof, and has good
and lawful authority to execute this Lease; and
(b) throughout the term hereof Lessee may have, hold and
enjoy peaceful and uninterrupted possession of the
premises and rights herein leased and granted, subject to
performance by Lessor of its obligations herein.
21. Cancellation by Lessor - If any of the following events occur, the Lessee
shall be deemed to be in default of its obligations under the agreement, in which case
Monroe County shall give the Lessee notice in writing to cure such default within thirty
(30) days, or the concession will be automatically canceled at the end of that time
and such cancellation will be without forfeiture, waiver, or release of the County's right
to any such of money due pursuant to this agreement for the full term hereof:
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(a) if Lessee shall make a general assignment for the
benefit of creditors, or file a voluntary petition in bankruptcy
or a petition or answer seeking its reorganization or the
readjustment of its indebtedness under the Federal
Bankruptcy Laws of any other similar law or statute of the
United States or any state, or government, or consent to the
appointment of a receiver, trustee or liquidator of all or
substantially all of the property of Lessee;
(b) if any order or decree of a court of competent
jurisdiction Lessee shall be adjudged bankrupt or an order
shall be made approving a petition seeking its
reorganization, or the readjustment of its indebtedness
under the Federal Bankruptcy Laws of any law or statute of
the United States or any state, territory, or possession thereof
or under the law of any other state, nation, or government,
provided, that if such judgment or order be stayed or
vacated within ninety (90) days after the entry thereof, any
notice of cancellation given shall be and become void and
of no effect;
(c) if by or pursuant to any order or decree of any court
or governmental authority, board, agency or officer having
jurisdiction, a receiver, trustee or liquidator shall take
possession or control of all or substantially all of the property
of Lessee for the benefit of creditors, provided, that if such
order or decree be stayed or vacated within sixty (60) days
after the entry thereof or during such longer period in which
Lessee diligently and in good faith contests the same, any
notice of cancellation shall be and will become null, void
and of no effect;
(d) if Lessee fails to pay the rental charges or other
money payments required by this instrument and such
failure shall not be remedied within thirty (30) days following
receipt by Lessee of written demand from Lessor to do so;
(e) if Lessee defaults in fulfilling any of the terms,
covenants, or conditions required of it hereunder and fails to
remedy said default within thirty (30) days following receipt
by Lessee of written demand from Lessor to do so, or if, by
reason of the nature of such default, the same cannot be
remedied within thirty (30) days following receipt by Lessee
of written demand from Lessor to do so, then, if Lessee shall
have failed to commence the remedying of such default
within thirty (30) days following such written notice, or having
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so commenced, shall fail thereafter to continue with
diligence the curing thereof;
(f) if the Lessee shall desert or abandon the premises for
seven (7) consecutive calendar days;
(g) if the concession or the estate of the Lessee
hereunder shall be transferred, subleased, or assigned in
any manner except in the manner as herein permitted;
(h) if the Lessee shall fail to pay any validly imposed tax;
assessments; utility rent, rate or charge; or other
governmental imposition; or any other charge or lien
against the premises leased hereunder within any grace
period allowed by law, or by the governmental authority
imposing the same, during which payment is permitted
without penalty or interest; in complying with this
subparagraph the Lessee does not waive his right to protest
such tax, assessment, rent, rate or charge; or
(i) if the Lessee fails to provide service as required by
specifications for five days during any thirty day period,
unless such failure is caused by an act of God, national
emergency or a labor strike of which the Lessee has given
the County immediate notice, the concession may be
canceled within thirty (30) days of the giving of notice by
the County and the Lessee shall not be permitted to cure
such default.
22. Additional Remedies - In the event of a breach or a threatened breach
by Lessee of any of the agreements, terms, covenants and conditions hereof, the
County shall have the right of injunction to restrain said breach and to invoke any
remedy allowed by law or equity, as if specific remedies, indemnity or reimbursement
were not herein provided. The rights and remedies given to Monroe County are
distinct, separate and cumulative, and no one of them, whether or not exercised by
the County, shall be deemed to be in exclusion of any of the others herein or by law or
in equity provided. No receipt of monies by Monroe County from Lessee after the
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cancellation or termination hereof shall reinstate, continue or extend the term, or
affect any notice previously given to Lessee, or operate as a waiver of the right of the
County to enforce the payment of rentals and other charges then due or thereafter
falling due, or operate as a waiver of the right of the County to recover possession of
the premises by suit or otherwise. It is agreed that, after the service of notice to cancel
or terminate as herein provided, or after the commencement of any proceeding, or
after a final order for possession of the premises, the County may demand and collect
any monies due, or thereafter falling due, without in any manner affecting such notice,
proceeding, or order; and any and all such monies and occupation of the premises, or
at the election of the County on account of Lessee's liability hereunder. The parties
agree that any litigation arising out of the agreement shall be brought in Monroe
County, Florida, and determined under the laws of the State of Florida. Lessee will pay
any reasonable attorney's fees incurred if the County prevails in the enforcement of
the agreement, regardless of whether or not a lawsuit is filed, including but not limited
to all costs and attorney's fees incurred in collecting, trial, bankruptcy or reorganization
proceedings or appeal of any matter hereunder and all costs, charges and expenses
incurred herein.
23. Cancellation by Lessee - Lessee shall have the right upon written notice to
Lessor, to cancel this agreement in its entirety upon or after the happening of one or
more of the following events, if said event or events is then continuing:
(a) the issuance by any court of apparent competent
jurisdiction of an injunction, order, or decree preventing or
restraining the use by Lessee of all or any substantial part of
the demised premises or preventing or restraining the use of
the Airport for usual airport purposes in its entirety, or the use
of any part thereof which may be used by Lessee and
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which is necessary for Lessee's operations on the Airport,
which remains in force unvacated or unstayed for a period
of at least one hundred twenty (120) days;
(b) the default of Lessor in the performance of any of the
terms, covenants or conditions required of it under this
instrument and the failure of Lessor to cure such default
within a period of thirty (30) days following receipt of written
demand from Lessee to do so, except that if by reason of
the nature of such default, the same cannot be cured
within said thirty (30) days, then Lessee shall have the right to
cancel if Lessor shall have failed to commence to remedy
such default within said thirty (30) days following receipt of
such written demand, or having so commenced, shall fail
thereafter to continue with diligence the curing thereof;
(c) the inability of Lessee to conduct its business at the
Airport in substantially the same manner and to the same
extent as theretofore conducted, for a period of at least
ninety (90) days, because of (i) any law, (ii) any rule, order,
judgment, decree, regulation, or other action or non-action
of any Governmental authority, board, agency or officer
having jurisdiction thereof;
(d) if the fixed improvements placed upon the demised
premises are totally destroyed or so extensively damaged
that it would be impracticable or uneconomical to restore
the same to their previous condition as to which Lessee is
the sole judge. In any such case, the proceeds of
insurance, if any, payable by reason of such loss shall be
apportioned between Lessor and Lessee, Lessor receiYing
the same proportion of such proceeds as the then expired
portion of the lease term bears to the full term hereby
granted, and Lessee receiving the balance thereof. If the
damage results from an insurable cause and is only partial
and such that the said fixed improvements can be restored
to their prior condition within a reasonable time, then Lessee
shall restore the same with reasonable promptness, and
shall be entitled to receive and apply the proceeds of any
insurance covering such loss to said restoration, in which
event this agreement shall not be canceled but shall
continue in full force and effect, and in such case any
excess thereof shall belong to Lessee;
(e) in the event of destruction of all or a material portion
of the Airport or the Airport facilities, or in the event that any
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agency or instrumentality of the United States Government,
or any state or local government occupies the Airport or a
substantial part thereof, or in the event of military
mobilization or public emergency wherein there is a
curtailment, either by executive decree or legislative action,
of norma' civilian traffic at the Airport or the use of motor
vehicles or airplanes by the general public, or a limitation of
the supply of automobiles or of automobile fuel, supplies, or
parts for general public use, and any of said events results in
material interference with Lessee's norma' business
operations or substantial diminution of Lessee's gross
revenue from its automobile rental concession at the
Airport, continuing for a period in excess of fifteen (15) days;
(f) in the event that at any time prior to or during the
term of this agreement, Lessee's presently existing right to
operate an automobile rental concession at the Airport is
withdrawn, canceled, terminated, or not renewed by Lessor;
(g) the taking of the whole or any part of the demised
premises by the exercise of any right of condemnation or
eminent domain;
(h) if at any time during the basic term or option term of
this lease a majority of the scheduled air transportation
serving the local area no longer operates from the Airport;
or
(i) if at any time during the basic term hereof or the
option periods, the Airport or terminal building is removed to
a place more than three (3) road miles in distance from its
present location.
24. Lessee's Reserved Riahts - Nothing contained in this Agreement shall limit
or restrict in any way such lawful rights as Lessee may have now or in the future to
maintain claims against the federal, state, or municipal government, or any
department or agency thereof, or against any interstate body, commission or authority,
or other public or private body exercising governmental powers, for damages or
compensation by reason of the taking or occupation, by condemnation or otherwise,
of all or a substantial part of the demised premises, including fixed improvements
16
thereon, or of all or a material part of the Airport with adverse effects upon Lessee's use
and enjoyment of the demised premises for the purposes hereinabove set forth; and
Lessor hereby agrees to cooperate with Lessee in maintenance of any just claim of said
nature, and to refrain from hindering, opposing, or obstructing the maintenance
thereby by Lessee.
25. Assionment and Subletting - It is expressly agreed and understood that
any and all obligations of Lessee hereunder may be fulfilled or discharged either by
Lessee or by a Licensed member of Avis Rent A Car System, Inc., duly appointed
thereto by Avis Rent A Car System, Inc., and that any and all privileges of every kind
granted Lessee hereunder extends to any Licensee so appointed; provided, however,
that notwithstanding the method of operation employed by Lessee hereunder any
appointed Lessee always shall continue to remain directly liable to Lessor for the
performance of all terms and conditions of this lease. Except hereinabove set out, the
premises may not be sublet, in whole or in part, and Lessee shall not assign this
agreement without prior written consent of Lessor, nor permit any transfer by operation
of law of Lessee's interest created hereby, other than by merger or consolidation.
26. Other Use - Lessee shall not use or permit the use of the demised premises
or any part thereof for any purpose or use other than an authorized by this agreement.
27. Liens - Lessee shall cause to be removed any and all liens of any nature
arising out of or because of any construction performed by Lessee or any of its
contractors or subcontractors upon the demised premises or arising out of or because
of the performance of any work or labor upon or the furnishing of any materials for use
at said premises, by or at the direction of Lessee.
17
28. Time - In computing Lessee's term within which to commence
construction of any fixed improvements or to cure any default as required by this
Lease, there shall be excluded all delays due to strikes, lockouts, acts of God and the
public enemy, or by order or direction or other interference by any municipal, State,
Federal or other governmental department, board, or commission having jurisdiction,
or other causes beyond Lessee's control.
29. The County hereby agrees not to enter into any automobile rental
concession agreement with any person, partnership, or corporation other than the
Concessionaire unless the same shall be upon terms no more favorable than those
herein granted to the Concessionaire, and shall require automobile rental services
substantially equivalent to those available from automobile rental concessionaires
upon airports of comparable size throughout the United States. Nothing herein
contained shall limited the County from making such reasonable distinctions between
the automobile rental concessionaires with respect to the assignment or allocation of
rental counter space and parking areas as may appear to it to be justified by the
differing operational requirements of the respective rental car concessionaires by
reason of the differing amounts of Airport automobile rental business done by each of
the respective concessionaires.
30. Paraoraph Headinos - Paragraph headings herein are intended only to
assist in reading identification and are not in limitation or enlargement of the content of
any paragraph.
31. Notices - Any notice of other communication from either party to the
other pursuant to this agreement is sufficiently given or communicated if sent by
18
registered mail, with proper postage and registration fees prepaid, addressed to the
party for whom intended, at the following addresses:
For Lessor: Monroe County Board of County Commissioners
P. O. Box 1680
Key West, Florida 33040
For Lessee: Avis Rent A Car System, Inc.
900 Old Country Road
Garden City, New York 11530
or to such other address as the party being given such notice shall from time to time
designate to the other by notice given in accordance herewith.
IN WITNESS WHEREOF, the parties have caused these presents to be executed by
their respective officer or representative thereunto duly authorized, the day and year
first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY~~
De tv Cle
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By cS'~t:~
~~,~
Witness
~. Y;~y
Witness
.1
AVIS RENT A CAR SYSTEM, INC.
By er6U:-D ~
Title: Robert F. Bouta
Staff Vice President
b/ AIR/avis.doc
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Insurance
Exhibit D
^pril 22. 1'),}.1
I~ l'rinli'l!;
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MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTRA€T ADMINISTRATION
~
Gcncral Insurancc UcquircRlcnts
for
Airporl/ Aircraft Activifies
.~ .
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Vendor shall obtain, at his/her own expense, insurance as specified in
. .the attached schedules, which are made part of this contract. l11e Vendor will ensure that the
insurance obtained will extend protection to all Contractors engaged by the Vendor.
The Vendor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
The Vendor shall maintain the required insurance throughout the entire tenn of this contract and
any cxtensions specified in any attached schedules. FaiJure to comply with this provision may
result in the immediate suspension of all activities conducted by the Vendor and itsContractors
until the required insurance has been reinstated or replaced.
The Vendor shall provide, to the County. as satisfactory evidence of the required insurance.
either:
/
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County. at its sole option. has the right to request a certified copy of any or all insurance
policies required by this contract. , , '.
All insurance policies must specify that they are not subject to cancellation,. non-renewal, material
change. or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the County by the insurer. - .
- . -.' - -~. . . . -:-..::>,
'The acceptance and/or approval of the Yendor's insurance shall not be co~strued as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by Jaw.
...
The Monroe County Board of County Commissioners, its employees and officials will be included'
as "Additional Insured" on all poJicies. except for Workers' Compensation.
Any deviations from these General J nsurance Requirements must be requested in writing on the
County prepared form entitled "Rcqucst for Waivcr of Insurance Ilccluircments" and apl>roved
by Monroe County Risk Management.
.J'
Adrninisa"'li,'c JI1Sln-.1ion
114709.1
31
^pril 22. 19').1
I AI I'rinunl;
r
GENERAL LIABILITY
INSURANCE REQUlltEMENTS
FOil
.
,
CONTRACT
nETIVEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shan be maintained throughout the lite of the contract and
include. as a minimum:
,.
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shaH be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
. (12) months following the acceptance of work by the County. ~
The Monroe County lJoard of County Commissioners shall be named as Additional Insured on all
poJicie., issued to satisfy the above requirements. . .
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Mminilltnllive Jmt'lIction
"4709.1
GU
56
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^rnl 22. 1<)'))
1st I'riRing
. VEHICLE LIABILITY
INSURANCE REQUlltEMENTS
FOR
~
CONTRACf
UET\VEEN
MONROE COUNTY, FLORII>A
AND
Recognizing that the work governed by this contract requires the u~e of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Covemge shall be
maintained throughout the Jife of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired .Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits accep"table shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all.
policies issued to satisfy the above requirements. .
.
:::>
-t
l\dmini....iwrl11lllr\l(.1ina
""70').1
VLJ
77
I\prol 21. 1')<).\
"'11'rinlin~
. -
WORKERS' COMPENSATION
INSURANCE UEQUIREMENTS
FOR
..
,
CONTRACT .
8ElWEEN
MONROE COUNlY, FLORIDA
AND
.
Prior to the commencement of work governed by this .contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond fo the applicable state statutes.
In addition, tile Contractor shall obtain Employers. Liability Insurance with limits of not less than:
$1,000.000 Bodily Injury by Accident
$1.000.000 Bodily Injury by Disease, policy limits
$1.000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain.a minimum rating of A-VI, as
assigned by tile A.M. Best Company. '.
Irthe Contractor has been approved by the Florida's Department of Labor. as an authOri7.ed self-
insurer, the County shall recognize and honor the Contractors status. TIle Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, provi~ing details on the Contractors Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate oflnsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
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Mrninistnliw Jll'Itructioa
"4709.1
WC3
Xl
A.~9RI.~
PROD~
CERTIFICATE OF INSURANCE
ISSUE DATE (MMIDDIYY)
3-23-93
~~T~~~NY A
THIS CERTIFICA 1 E IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVER~GE AfFORDED BY THE POLICIES BELOW
COM~~ /FFORDING COVERAGE
CONTIj'E~1~\~j~UALTY COMPANY
\ ,', \ \ --. \0
~~l~~~NY B ,) \ ~J \ ;::
COMPANY C ilJ\) ,)\
LETTER ~ '-\ \
COMPANY D ('.~:! ( ) "
LETTER \ \}~\\ \)
COMPANY E \j ''\ I
LETTER
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ROLLINS HUDIG HALL OF
WALL STREET PLAZA
NEW YORK, N.Y. 11211211215
N. Y.,
INC.
INSURED
AVIS, INC., AVIS RENT A CAR
SYSTEM, INC. & ITS SUBSIDIARIES
WORLD HEADQUARTERS, P.O. BOX 21211
GARDEN CITY, N. Y. 1153121
t(- ('1 -73
#
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO
.TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDD/YY) DATE (MMIDD/YY)
ALL LIMITS IN THOUSANDS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR,
OWNER'S 1\ CONTRACTOR'S PROT,
GENERAL AGGREGATE
$300
GLI2I12I1612131'3t21
12/31/87
UNTIL
CANC.
PRODUCTS,COMP/OPS AGGREGATE $
PERSONAL & ADVERTISING INJURY $
EACH OCCURRENCE
$300
FIRE DAMAGE (Anyone lire)
MEDICAL EXPENSE (Anyone person) $
X
X
HIRED AUTOS
NON.OWNED AUTOS
GARAGE LIABILITY
COMBINED
SINGLE $ 300
LIMIT
BODIL Y
GLOO1603190 INJURY $
12/31/87 UNTIL (pcr porson)
(Schedule Q) CANC. BODIL Y
INJURY $
(per accldenl)
PROPERTY $
DAMAGE
AUTOMOBILE LIABILITY
X ANY AUTO
X ALL OWNED AUTOS
SCHEDULED AUTOS
EXCESS LIABILITY
EACH
OCCURRENCE
$
i
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(EACH ACCIDENT) I
(DISEASE-POLICY LIMIT)
(DISEASE-EACH EMPLOYEEl
I
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AGGREGATE
A
$
OTHER THAN I)MBRELLA FORM
AND
STATUTORY
m' '\\f?&,{~, 'f~~~ 'i,-~ \-',. !f,$r:;:::JlT;,~, "
1.01 ',' ,II ',< . \"~J '1:-"',
~'., ~ 1:-:;J ~~ '~.-/_\ I::.t~. .1.$ ~; 'l !.",.I:) : I~ ; ~
,'~ :;:J.....~'-' .., ..... $' '{"': I ~;"
,~;),.,," ." :<,~' :,~J
~~~ I~~ Y I 1996
WORKER'S COMPENSATION
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERA TlONS/LOCA TIONSIVEHICLES/SPECIAL ITEMS
Airport concession at: Marathon Airport,
insurance: County of Monroe
t' 0'\ I iU Y'., .If~rru
,L;-I \.J I"!, 1"\. Y
~J~~'~~
Marathon Florida.
Additional
----_. ._"~.~--~-'~'-" -,_._----_.,.,_.,-_._~..'. "---,,-
CANCELLA TION
CERTIFICATE HOLDER
Marathon Airport
9000 Overseas Hwy.
Marathon, FL 33050
Attn: Mr. Charles Knighton
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 3121 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPR~~7ATlVE
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10ACORD CORPORATION 1989
ACORD 25,S (11/89)
A...tlll..
CERTIFICA1 ~ OF INSURANCE
ISSUE DATE (MM/DDIYY)
01/05/96
ROLLINS HUDIG HALL OF N.Y., INC.
TWO WORLD TRADE CENTER
NEW YORK, N.Y. 10048
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
PRODUCER
COMPANIES AFFORDING COVERAGE
~~~~NY A
TRANSPORTATION INSURANCE CO. ~
~~~~NY B
CONTINENTAL
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CASUALTY "CO.
ljA\':l'j 6 .\S~~
INSURED
AVIS, INC., AVIS RENT A CAR
SYSTEM, INC. & ITS SUBSIDIARIES
WORLD HEADQUARTERS, P.O. BOX 201
GARDEN CITY, N.Y. 11530
~~~~NY C
~~~~NY D
~~~~NY E
...-..,.-
.._.......-e-"'J..v....,c...- .
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD -
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDIYY) DATE (MMIODIYY)
AlL LIMITS IN TliOUSANDS
GENERAL LIABILITY
GENERAL AGGREGATE
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE
OCCUR.
APPROVED BY RISK MANAGEMENT
BY ~~ ~/~
DATE CT/-/ 7~ /?
WAIVER: N/A /' YES
PERSONAL & ADVERTISING INJURY
OWNER'S & CONTRACTOR'S PROT,
CJ "e..tG
c:. ~c.
EACH OCCURRENCE
FIRE DAMAGE (Anyone fire)
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
MEDICAL EXPENSE (Anyone person)
COMBINED
SINGLE
LIMIT
$
AUTOMOBILE LIABILITY
BODILY
INJURY $
(Per pe,,;on)
!\..t:i.. \.: 1 " (..:._.
BODILY
INJURY
(Per accident)
$
DATI'
IZisk lv1gITJL & Loss Coni:rul
/-/7-if,
'--Pn
PROPERTY
DAMAGE
$
EXCESS LIABILITY
EACH
OCCURRENCE
$
AGGREGATE
$
OTHER THAN UMBRELLA FORM
STATUTORY
WORKER'S COMPENSATION
AND
WC002524124
WC802524125
12/31/95 12/31/96
$
$
$
1,000
1,000
1,000
(EACH ACCIDENT)
(DISEASE-POLlCY LIMIT)
(DISEASE-EACH EMPLOYEE)
B
EMPLOYER'S LIABILITY
OTliER
DESCRIPTION OF OPERATlONSILOCATIONSNEHICLESISPECIAL ITEMS
CAR RENTAL CONCESSION AT KEY WEST INTERNATIONAL AIRPORT, KEY WEST, FL AND
RATHON AIRPORT, MARATHON, FL. COUNTY OF MONROE IS AN ADDITIONAL INSURED.
CERTIFICATE HOLDER
CANCELLATION
..,........~;"~...,, :~..' .",-,___ _"~\o. ......:..."...
l 7
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
"
_j LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
,
j LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
MONROE COUNTY
BOARD OF COUNTY COMMISSION
P. O. BOX 1680
KEY WEST, FL 33040
1 AUTHORIZED REPRESENTATIVE
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ACORD 25-5 (11/89)
ce :
@ACORD CORP
nON 1989