1st Amendment 01/16/2008
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 8, 2008
TO:
Suzanne A. Hutton
County Attorney
A TTN:
Kathy M Peters
Executive Assistant
FROM:
pamelaG.Han~
Deputy Clerk
At the January 16, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to Lease and Concession Agreement
between Monroe County and the Enterprise Rent A Car at Florida Keys Marathon Airport.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: Finan.;e
File./
AMENDMENT TO LEASE AND CONCESSION AGREEMENT
FOR
ENTERPRISE RENT A CAR
AT
FLORIDA KEYS MARATHON AIRPORT
THIS AMENDMENT hereinafter "AMENDMENT" is made and entered into this 16th
day of January, 2008, by and between MONROE COUNTY, a political subdivision of
the State of Florida, whose address is the Key West International Airport, 3491 South
Roosevelt Boulevard, Key West, FL 33040, hereinafter "COUNTY", and ENTERPRISE
LEASING COMPANY, a Florida corporation, hereinafter "ENTERPRISE" or
"CONCESSIONAIRE". The parties agree as follows:
WHEREAS, the parties hereto did on January 17, 1996 enter into a Lease and
Concession Agreement (hereinafter Original Lease) for use of space at the Florida Keys
Marathon Airport; and
WHEREAS, the parties hereto have twice entered lease extension agreements in
order to extend the term ofthe original agreement; and
WHEREAS, under the terms of the original agreement, Enterprise agrees to pay a
minimum annual concession fee of $27,000 or ten (10) percent of gross revenues,
whichever is greater; and
WHEREAS, beginning January I, 2008 Enterprise has instituted a carbon offset
program which provides renters with an opportunity to purchase carbon offset credits
which is shown as a $ I .25 fee on the customers rental agreement; and
WHEREAS, Enterprise matches customer contributions dollar for dollar up to $1
million dollars; and
WHEREAS, 100% of the funds collected for the carbon offset program are used
to fund clean energy and greenhouse gas reduction projects; and
WHEREAS, the parties desire to exclude the fees collected under the carbon
offset program from the definition of "gross receipts";
NOW THEREFORE, IN CONSIDERATION of the mutual promises and
covenants set forth below, the parties agree as follows:
SECTION I. Paragraph 4 of the original agreement is amended to read as follows:
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.
Beginning January I, 2008, when fees are collected pursuant to the
Concessionaires optional customer carbon offset program, such fees may be eligible for
exemption from the gross receipts subject to concession fees. In order to qualify for
exemption from gross receipts subject to concession fees, the optional customer carbon
offset program fee shall be shown as such and listed separately on the customer's rental
agreemt::nt.
SECTION 2. Except as set forth above all the terms and conditions of the January 17,
1996 original lease, January 19, 2000 extension, March 20, 2002 agreement and
November 17, 2004 extension remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and
year first above written.
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ATTEST:!rtXNNy'4KOLHAGE, CLERK
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B'eputy Clerk
WITNESSES:
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Signature
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Print Name
Signature
Print Name
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY, FLORIDA
By
Mayor Chari s "Sonny" McCoy
ENTERPRISE LEASING COMPANY
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