1. 08/05/1972 Agreement . AUTOMOBILE LEASE AND SERVICE AGREEMENT
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AGREEMENT made as of Aug U 8 t 5 , 19 7* and between Avis Rent A Cor System Inc., a Delaware corporation with
offices at 900 Old Country Road, Garden City, New York 1030 (herein called "Avis "), and Board of Commissioners
Manooe Cognty Courthouse, Key West, i : 33040 representatives and assigns.
(herein called "Customer"), which in both instances shall include their heirs, successors, legal
WITNESSETH:
1. Tern. Avis hereby agrees to lease to Customer who agrees to hire transmission oil in accordance with manufacturer's recommendations.
from Avis, for the rental and upon the terms and conditions herein- The vehicles shall be equipped at the time of their initial delivery
after stated, the motor vehicles (herein called the "vehicles ") with five new tires, induding a spare tire, and upon Customer's re_
described from time to time on the "Delivery Receipt(s)" which quest, Avis shall at its expense replace such tires with not more than _
upon execution constitute a part hereof, the same as if rewritten four new tires. Customer shall pay a reasonable charge for all addl-
at length herein, including substituted vehicles, for a term comment- tianal tires. If Avis deems it impracticable or inexpedient to repair
ing on the respective effective date for each vehicle and terminating any of the vehicles it may substitute a vehicle in accordance with
as set forth herein. The effective date shall be either the date of Paragraph 9 hereof. Customer shall not permit any intatcbanr of
delivery to Customer or the date Customer is fiat notified the vehicle parts, tires or accessories to be made between the vib a J. scan
is ready to go into operation, whichever is earlier. Such Delivery repairs, additions or adjustments to be nude to the vehicles without
Receipt(s) shall be executed . in behalf of Customer by the driver first obtaining Avis' consent unless the total cost thereof is lea dean
of the respective vehicle, or by any other authorized agent of Cus- 525.00 in no event shall any repairs, additions or adjustments -
tomer, such execution to be conclusive evidence of receipt of the be made except by an authorized representative of the respective -
vehicle in good order and in accordance with this Agreement. manufacturer. Customer shall comply with instructions furnished
by Avis from time to time concerning the operation and maintenance
Z. Retool. Customer shall pay Avis, at its address shown above or of vehicles and shall reimburse Avis for the cost of repairs attribut-
written notice, direct, th e able to its failure to perform its obligations specified in this agree- 4
at such other place as Avis may, by meat or to comply with such instructions. Under no cira s's:mans
"Monthly Rental" with respect to each vehicle plus such further
"Charges" as are set forth in the "Rate Schedule" which is attached shall Avis be liable for any loss of time, business, profits or other
damages caused by or resulting from the interruption or cessation, hereto as a part hereof, or in such other schedules which may from
for any reason, of any lease or service provided for In this agreement.
time to time be executed by the parties and attached hereto, without
deduction or offset of any kind. Such payments shall commence with
respect to each vehicle on the respective effective date and shall con 4. Registration and Taxes. The vehides shall at the expense of Avis
Tirane monthly in advance thereafter on the first day of each succeed - be tided and /or registered by Customer in the name of Avis; pro-
ing calendar month during the respective lease term. Payments shall vided, nevertheless, that Avis' responsibility shalt be limited to one
be prorated for periods involving less than a full month. In the registration per registration year. Customer shall pay the cost of all
event the factory price of any vehicle to be leased to the Customer necessary vehicle inspections and shall pay Avis *n *mount equal to
hereunder shall be increased or decreased prior to the time the vehicle all taxes and fees whatsoever assessed upon or imposed by any gov-
is delivered to the Customer's Representative, the Base Monthly Rental emmental authority with respect to the rental payments hemmder,
for such vehicle shall be increased or decreased by a sum equal to purchase, operation, ownership, maintenance or use of the vehicles, '
the amount of said increase or decrease, divided by the number of other than the Federal Manufacturers' Excise Tax in effect on the date
months of the minimum lease term such vehicle is to be leased to hereof with respect to those items supplied by Avis.
Customer.
5. Vehicle Damage: Avis shall, as to each of the vehld s, relieve
3. Maintenance. Avis shall pay for all necessary servicing and repairs Customer of all liability for loss or damage by any cause whatso-
including greasing and anti - freeze, upon receipt of itemized invoices ever, including, without limitation, casualty, collision, upset, mall-
therefor, provided that Avis shall not be obligated to make any pay- cious mischief, vandalism, falling objects, missiles, gals breakage,
ments of invoices presented more than 60 days after the date of per - fire, smoke, water, smudge or theft, in excess of 5100., but Customer
formance of such servicing or repairs; and Customer shall pay for shall reimburse Avis upon receipt of its invoice (a) up to the first
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all gasoline,`.. U and deaning and shall change the crankcase and $100., of any such loss or damage arising out of each `incident or
Avis Y.ays fat oil ct;ancies and ubrications,Custofzter gays for oil between change:
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event and (b) the full amount of all loss or damage resulting from to Avis, or such other entity as Avis may direct, any and all papers,
theft or conversion by any of Customer's drivers, agents or author- notices and documents served upon or delivered to Customer, its
ized operators or deliberately caused by Customer or any operator drivers, servants or agents in connection with any claim, suit, action
authorized by Customer, or resulting from any violation of the terms or proceeding commenced or threatened and arising out of the oper-
or conditions of this Agreement or any reckless, abusive or careless cation of any vehicle. In the event that the cost per vehicle to Avis
handling of the vehicles by Customer or any such operator, or, with of any insurance provided by Avis shall be increased during the
respect to collision or upset loss or damage, caused by the negligent lease term, the amount of such increase per vehicle per month may
operation of a vehicle under the ownership or control of Customer, be added thereafter to the Monthly Rental hereunder.
other than a vehicle leased to Customer by Avis. Avis shall attempt
to recover for such reimbursed losses or damages from third parties 7. Vekicn Operation and Us.. Customer shall permit and authorize
liable therefor and shall remit to Customer a part of the respective the vehicles to be operated only by licensed drivers who are selected,
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recovery, less out -of- pocket expenses, which bests the same ratio as employed and controlled by Customer, or members of the household
the amount reimbursed by Customer bears to the total amount of such employees, provided all drivers are 25 yeas of age or older,
sought to be recovered. Notwithstanding any contrary pr+ovisioa of all said driven being conclusively presumed to be the agents or servants
this agreement, at any time prior to or upon termination of this of Customer only, and Customer shall require them to operate the
agreement as to each vehicle, Customer agrees to make prompt pay- vehicles 'r. ith reasonable care and diligence, and to use every reason -
ment to Avis for the full amount of ..ny damages, howsoever caused, able precaution to prevent loss or damage thereto or to third persons
not reported to Avis as required by this agreement. or their property. Upon written notice from Avis specifying any
reckless, careless or abusive handling of any vehicles, Customer shall •
6. insurance. Avis shall at its expense furnish automobile liability remove such driver or driven and substitute therefor other such
and property damage insurance for each vehicle protecting the inter- driven as soon as it is reasonably possible to do so. Without modify -
ests of Customer and its drivers with limits of coverage of not less ing or enlarging the foregoing, it is expressly agreed and understood
than 6250,000 for injury to or death of one person and, subject to that any insurance coverage at anytime furnished by Avis shall apply
that limit for each person, $500,000 for all persons injured or killed only to persons operating a vehicle with the express or implied consent
in the same accident, and $50,000 for damage, destruction and /or loss of Avis or Customer. Customer shall remove 611 property from the
of use of property, as a result of any one accident, excluding damage vehicles before transferring possession thereof to Avis at any time
to, or destruction of, property owned by or rented to, in charge of, and Customer shall indemnify, defend and hold harmless Avis from
or transported by Customer, its drivers or any person operating the and against any loss, claims, suits, liability, costs and expense, includ-
vehicles. Such insurance shall be subject to the terms, conditions ing attorneys' - fees and disbursements, caused by or arising out of the
and exclusions of Avis insurance and specifically shall exclude any loss or theft of or damage to any property left in or upon the vehicles
liability for bodily injury to any employee or fellow employee of at any time or place, including, without limitation, while under the
Customer arising out of or in the course of employment by or with care, custody or control of Avis and irrespective of whether said loss,
Customer or liability imposed upon or assumed by Customer under theft or damage was caused by or related to the negligence of Avis.
any Workmen's Compensation Act, Plan or Law and /or Contract of Customer shall not permit the vehicles to be operated or used
whatever nature, it being expressly understood and agreed that Avis outside of the contiguous forty -eight states and the Dominion of
shall not be required to provide any insurance other than as stated Canada, other than upon a paved road, public highway, graded toad
herein and that Customer will indemnify, defend and hold harmless or driveway, for illegal purposes, as a public livery or conveyance,
Avis from and against any and all loss, claims, liability, suits, costs to tow a trailer, or to transport any property which is explosive,
and expense, including attorney's fees and disbursements, caused by radioactive or inflammable (other than petroleum products used in
or arising from the use or operation, condition (including without the operation of the vehicle). Customer shall indemnify, defend and
limitation latent or other defects whether or not discoverable by hold Avis harmless from all claims, suits, loss, costs, liability and
Avis), loading or unloading of the vehicles or out of the conduct expense, including attorneys' fees and disbursements, for all fines,
of Customer's business, and irrespective of any acts or omissions forfeiture or seizure and for penalties for speeding, reckless or careless
of Avis, negligent or otherwise, including, without limitation, loss driving or the violation of any statute, regulation or ordinance of
of, damage to or loss of use of property or bodily injury or death any constituted public authority. Customer shall keep Avis advised
sustained by third persons or the agents, servants or drivers of Custo- of the name and home address of the current drivers to whom the
mer or Avis, to the extent the same shall not be covered and pro- vehicles are assigned.
tected by the aforesaid insurance or, if covered, in excess of the
applicable liability limits. Customer, its driven, servants, and agents •. Condition of Vehidn of Tonaination. Customer shall, on or before
will cooperate fully with Avis and the insurance carriers insuring the date of expiration or eaiilier termination of this agreement as to
the hazards enumerated in this Paragraph in the investigation, de- any or all of the vehicles, return each such vehicle at Customer's
fense and prosecution of any and all claims or suits arising from expense to Avis at a place designated by Avis in the same gen-
the operation of the vehicles and will make prompt report to Avis eral vicinity in which the vehicle is then garaged, in as good
of the occurrence of any and all accidents, collisions or damage or condition and appearance as it was when received by Customer, ordi-
loss which occur while a vehicle is in the care, custody or control nary wear excepted, together with all license plates, registration
of Customer, its driver, agent or servant and shall promptly deliver and /or title documents or similar documents. Should any vehicle not
be returned in the condition and appearance required hereby, Customer (d) Avis or its brokers or insurers shall at any time consider
shall pay or _reimburse Avis for all costs of restoring the vehicle to Customer to be an undesirable risk, and Customer, within
such condition and appearance. '10 days after receipt of notice thereof, shall not have
furnished the liability and damage insurance being pro -
9. Substitution of Vehicles. Avis may from time to time with Cus- vided by Avis as well as full collision and physical
� insurance for vehicles (at •reduced rental
toner's, consent, which shall not be unreasonably withheld, substitute
substantially similar vehicles for any of the vehicles. In the case of d to premium expense to Avis);
stolen, destroyed or damaged vehicles Avis may make such substitu- then Avis may, in its discretion, exercise one or more of the follow -
tion without Customer's consent. The parties shall with respect to
ing remedies, to the extent available under applicable law: (i) ter -
such substitute vehicle execute a Delivery Receipt which shall con-
initiate this agreement on written notice to Customer, whereupon
stitute s part hereof in place of the Delivery Receipt for the ve- Custoaer shall pay to Avis, as liquidated damages and not as a
hide replaced. For purposes of applying the mileage allowance penalty, the entire unpaid rental for the balance of the maximum Ilse
such substitute vehicle shall be charged with the mileage accumu- period remaining for each vehicle; (ii) refuse t0 deliver or return
laced by the replaced vehicle prior to its replacement and the effective to Customer any vehicle thea in Avis' possession and cause
date of the lease term as to any substitute vehicle shall be the date Customer to return all vehicles at its expense, as provided in
of its delivery to Customer and not the effective date as to the re-
Paragraph 8, or eater upon the premises where any or all
placed vehicle. vehicles are located and tape immediate possession thereof, with or
without process of law and without liability to Customer for trespass
10. Termination. or otherwise for or by reason of such entry or taking possession;
1. Each vehicle is leased for a teem of not less than 20 months , (iii) proceed by appropriate court action to enforce the terms hereof
or more than 24 months. It is contemplated that each vehicle shall or to recover damages for the breach hereof; or (iv) ezerdsa
be replaced, at the end of the lease term thereof, by another any other right or remedy available under applicable law; in
vehicle delivered in accordance with Pacattraoh 1. Should either any or all such events Customer shall be liable for all rent or other
party not wish tc N Mp tar. vehicle, it shall inform the other charges due hereunder before any termitutiotl hereof, as well u all
party by written notice at_least_MLstays prior w the termination costs and expenses, including attorneys' fees and disbursements, in-
date specified in said notice,. whereupon this lease shall terminate
cuffed by Avis by reason of any event described in clause (2) above
as to such vehicle on the termination date so specified or the last day _ or the exercise of any remedies with respect thereto. Each remedy
of the maximum lease period for the vehicle, whichever is later. If shall be cumulative and in addition to any other remedy referred
no such notice is delivered, the other party who wishes to deliver or _ to above or otherwise available to Avis; and the exercise of one or
accept a repracement vehicle and who did not receive such notice _ more such remedies shall not preclude the simultaneous or later
shall have the right, upon prompt notice, to extend the term of this exercise of any or all such other remedies.
lease as to any vehicle with respect w which such notice was not
given, for a period of 90 days from the end of the maximum lease 11, Advertisements and Accessories. Customer may at its own expense
period specified above for such vehicle. affix to the vehicles any proper advertisement, accessories or insignia
of its own design indicating that it is being used in Customer's servo
2. Upon the occurrence of one or more of the following events: ice, provided, however, that it has previously obtained written au-
thorization from Avis, and Customer shall, at its own expense, restore
(a) Customer shall fail to make any payment of rent due here- the respective vehicle to its original condition prior to the installs-
under; or tion thereof and remove all evidence of the same at the expiration
(b) Customer shall fail to perform or observe any ocher term, of the respective lease term to the reasonable satisfaction of Avis.
covenant or agreement contained herein, and such failure
shall continue unremedied for 10 days following written 12. Assignment. Customer's interests herein shall not be transferred,
notice thereof by Avis; or whether by way of assignment or by operation of law or otherwise,
nor shall Customer sublet any of the vehicles, except with the advance
(c) Customer shall become insolvent or bankrupt or fail to written consent of Avis.
pay its debts as they mature or make an assignment for
the benefit of creditors or suffer dissolution or the termi- 13. Miscelioneous. Each vehicle is hereby leased by Avis to Customer
nation of its existence; or a trustee or receiver shall be as is, there being no warranties, express or implied, whether of mer-
appointed for Customer or any of its property; or bank- chantability or fitness for a pa4icular purpose or otherwise, made by
ruptcy, reorganization, insolvency or arrangement proceed- Avis in or in connection with this Agreement. This document, together
ings or proceedings under any other laws relating to the with all Rate Schedules and Delivery Receipts, constitutes the entire
relief of debtors or similar laws shall be commenced by agreement between the parties hereto. There are no other agreements or
or against Customer, including, without limitation, a pro understandings affecting this instrument. I4o term or provision of this
ceeding for reorganization under Chapter X or for an agreement may be changed, waived, supplemented or discharged orally,
arrangement under Chapter XI of the Federal Bankruptcy but only by an instrument in writing signed by the party sought to be
Act; or charged thereby and, if such party be Avis, by an executive officer there-
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of. This is a contract of leasing only, and Customer has acquired and and shall be effective from the date of mailing.
shall assert no right, title, option or interest in or to any vehicle, 15. Sw.rabiiity. Any provision of this agreement which is prohibited
except as lessee hereunder. Paragraph headings have been inserted
or unenforceable in any jurisdiction shall, as to such jurisdiction, be
for convenience only and shall not affect the construction of this ineffective to the extent of such prohibition or unenforceability
agreement. The failure of either party hereto in one or more in- without invalidating the remaining provisions hereof, and no such
stances to insist upon the performance of any of the terms or tonal- proh :bition or unenforceability in any jurisdiction shall invalidate
Lions of this agreement, or to exercise any right or privilege by this such provision in any other jurisdiction.
agreement conferred, or the waiver of any breach of the terms or
conditions of this agreement, shall not be construed as thereafter 16 Security Deposit. Customer has deposited with Avis the sum of
waiving any such terms or conditions, rights or privileges, but the $ ----- as security for the full and faithful performance
same shall continue to remain in full force and effect the same as if by Customer of all terms, covenants and agreements of this agreement
no forbearance or waiver had occurred. This agreement in *11 re- upon Customer's part to be performed, which sum shall be returned
spects shall be governed by and construed in accordance with the to Customer upon termination of this agreement provided Customer
law of the State of New York. has fully and faithfully carried out all such terms, covenants and
agreements. Except as herein set forth Avis shall be subject to no
14. Notice. All notices required to be given under the terms of this restrictions or limitations whatsoever with respect to such funds, nor
agreement or which either party hereto may desire to give to the shall Avis be obligated to pay or accrue any interest thereon.
other shall be in writing, signed by or on behalf of the party giving
the same, sent by United States registered or certified mail, addressed IN WITNESS WHEREOF, the panic% hereto have caused this instru-
to the other party at their respective address stated above or such went to be duly executed in their behalf the day and year first above
other address as either shall hereafter furnish the other in writing, written.
74I i
AVIZ'RENT A CAR SY M. INC
$ / L . '.re..t
(Customer)
soar ri Qt Commiwn inners,
Monroe County
WITNESS BS Harry Harris Mayor
tits.
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RATE SCHEDULE
_
August 5, 1972
OATS
CAST. NO.
1973 K in swOOd, 9 pas�A MONTHLY RATE $ 190.00
fir t MAKE ChevroleUoaEL g
OPTIONAL CHARGES
(TO BE AOOEO TO BASE MONTHLY RATE)
DESCRIPTION MONTHLY ONETIME
_______y S s Engine Incl in BMR s ' ,
r,, c Trans. •
Rio power Rear Window .
W.,.te Wall Tireo Coolant Ver. SyA
P nii]tP Mirror •
AiL ULLUiti.v Seat Belt Warn • ng System
Tinted Glass '
power Steering and Braces
Vre e l Covers
floor Edae Guards .
Vinyl Inter nr 5.00
Vehicles garaged West of the Mississippi River
,n tne event tne factory price of any vehicle to be leased to the Customer hereunder shall be increased or decreased
prior to t he time the vehicle is delivered to the Customer's Representative, the Base Monthly Rate for such vehicle
sr.;:il be increased or decreased by a sum equal to the amount of said increase or decrease, divided by the number of
months of the minimum lease term such vehicle is to be leased to Customer. For the purpose of determining the
;.mount of factory price increase or decrease the factory cost of a 1972 model, as of the date first above written,
comparably equipped, exclusive of Federal Manufacturer's Excise Tax, shall be considered the basic factory price.
Customer agrees to pay to Avis the cost of any new equipment, accessories or modifications required to be
inst.i:leo or made to the vehicle by any Federal, state, municipal or local laws, regulations or ordinances enacted
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subsequent to the date first above written. i
The Base Monthly Rate includes unlimited mileage up to a maximum of 2,000 miles per month from date of
ceiivery. Should mileage accumulation for any vehicle exceed the above mentioned allowable mileage, Customer
w i pay as additional rental for that vehicle a charge of $.03 per mile for the excess mileage.
August 5, 1972
This Rate Schedule becomes part of the Automobile Lease and Service Agreement dated
A RENT A,CAR SYSTEM, I NC.
Rna of c6mntii'ssiorler Customer
Monroe County
' r ���� �� C�� By Harry Harris Mayor
By % Title
AVIS
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