03/17/2010 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 24, 2010
TO:
Peter Horton, Director
of Airports
VIA:
Bevette Moore, Director
of Operations
Pamela G. HanC~c.
FROM:
At the March 17, 2010, Board of County Commissioners meeting the Board granted
approval and authorized execution of the following:
VSettlement Agreement between Enterprise Leasing Corporation of Florida LLC, and
Monroe County regarding the Key West International Airport.
Conservation Easements for Mitigation Areas 1, 2, and 3, pursuant to SFWMD and
ACOE permitting conditions, for the Key West International Airport's Runway Safety Area
project.
Enclosed are duplicate originals of each of the above-mentioned for your handling.
Should you have any questions, please feel free to contact our office.
cc: County Attorney
Finance
File.!'
SETTLEMENT AGREEMENT BETWEEN ENTERPRISE LEASING CORPORATION
OF FLORIDA LLC AND MONROE COUNTY
Enterprise Leasing Corporation of Florida, LLC, a Florida limited liability
corporation (hereafter "Enterprise") and Monroe County (hereafter "County"), a political
subdivision of the State of Florida, enter into this agreement dated February 17, 2010, to
settle the matter between them.
WHEREAS, Monroe County owns and operates the Key West International
Airport, and
WHEREAS, Enterprise Rental Cars is owned by Enterprise Leasing Corporation
of Florida, LLC, and
WHEREAS, Enterprise Rental Cars is one of three offsite rental car agencies
soliciting clients at Key West International Airport, and
WHEREAS, the County enacted resolution 109-2008 which requires off-site
rental car agencies to pay 8% of the annual gross revenues of all contracts generated from
customers picked up at the Key West International Airport, and
WHEREAS, the Monroe County Clerk of Courts performed an audit dated March
27, 2009 entitled "Audit Report Of Monroe County And Enterprise Leasing Company
For Offsite Car Rental Fees Due To The Key West International Airport", and
WHEREAS, the Clerk's audit found that Enterprise had underpaid the required
off site car rental agency fee, NOW THERFORE,
IN CONSIDERA TION of the promises and conditions contained herein, the
parties agree as follows;
1. The Monroe County Clerk of Court's audit dated March 27, 2009
contained audit conclusions that found that Enterprise had underpaid the fees due to the
Key West International Airport pursuant to Monroe County resolution 109-2008.
2. This agreement is limited to the matters raised in the March 27, 2009
clerk's audit.
3. This agreement is intended to resolve all of the matters raised in the March
27, 2009 clerk's audit.
4. Enterprise agrees to pay Key West International Airport $16,947.80 in
settlement of the matters raised in the March 27, 2009 clerk's audit. The County agrees to
accept $16,947.80 in final settlement of the audit findings raised in the March 27, 2009
clerk's audit.
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5. Notwithstanding paragraph 2, Enterprise agrees that all future accounting
of its gross revenue receipts shall include the following: (i) a separate numbering system,
identifying the location of each transaction, for transactions in connection with the
County's Ground Transportation Resolution (Resolution No.185-2009), (ii) a compiled
report of rental agreements showing all Airport Gross Revenue Receipts and Gross
Revenue Receipts by location. The Report shall be itemized by location and totaled by
month. The monthly total shall correspond with the amounts reported to the County and
shall be reconciled to the amounts posted on Enterprise's ledger.
6. By entering in to this agreement, both parties agree to waive any and all
claims whatsoever that it could have raised as a result of the March 27, 2009 clerks audit.
7 · Both parties warrant that they have had an opportunity to consult with
counsel before entering in to this agreement.
#~~.:::.8.. . Each party agrees to bear its own costs and attorney's fees other than as
b,,"~~"""~. S!~. ",.",.10 thIs agreement.
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i[~~!::;~~~J6. KOLHAGE, Clerk
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MAR 1 7 2010
By: k~
Witness
ENTERPRISE LEASING COMPANY OF
FLORIDA, LLC
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