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3. 06/25/1976 Agreement Avis Rent A Car System, Inc. / 175 Crossways Park West / Woodbury, New York 11797 / Tel. 516- 364 -0900 RECO A WS CAR LEASING DIVISION AUTOMOBILE LEASE AND SERVICE AGREEMENT AGREEMENT made as of June 25, 197_6—_by and between Avis Rent A Car System, Inc., a Delaware corporation with offices at 900 Old Country Road, Garden City, New York (herein called "Avis "), and Monroe County Board of Commissioners having a place of business at 500 Whitehead Street, Key West, Florida 33040 (herein called "Customer "), which in both instances shall include their heirs, successors, legal representatives and assigns, I HERE 3Y earn if i ±' t ?4i n•7777nrvt i'ss been reJiCi/ . :cyst ya , approval. PA.31 E. SA.:sY County Attorney WITNESSET 1. Term. Avis hereby agrees to lease to Customer who agrees to hire from or other damages caused by or resulting from the interruption or cessation, for Avis, for the rental and upon the terms and conditions hereinafter stated, the any reason, of any lease or service provided for in this Agreement. motor vehicles (herein called the "vehicles ") described from time to time on the (b) Where under this Paragraph 3 Avis is obligated to pay for all necessary "Delivery Receipt(s)" which upon execution constitute a part hereof the same servicing and repairs, it shall only be so obligated upon receipt of itemized as if rewritten at length herein, including substituted vehicles, for a term invoices which clearly identify the vehicle serviced or repaired and set forth the commencing on the respective effective date for each vehicle and terminating as dates on which service or repairs were performed, and Avis shall not be set forth herein. The effective date shall be either the date of delivery to obligated to make any payments of invoices presented more than 60 days after Customer or the date Customer is first notified the vehicle is ready to go into the date of performance of such servicing or repairs. If Avis deems it operation, whichever is earlier. Such Delivery Receipt(s) shall be executed in impracticable or inexpedient to repair any of the vehicles in any instance where behalf of Customer by the driver of the respective vehicle, or by any other Avis is responsible under this Paragraph 3 to pay for necessary repairs, it may authorized agent of Customer, such execution to be conclusive evidence of substitute a vehicle in accordance with Paragraph 9 hereof. receipt of the vehicle in good order and in accordance with this Agreement. (c) Where under this Paragraph 3 Avis is obligated to pay for all necessary 2. Rental. Customer shall pay Avis, at its address shown above or at such servicing and repairs, the following provisions shall also be applicable: other place as Avis may by written notice direct, (a) the "Base Monthly Rate" 1. Avis may, at its sole option, issue to the assigned operator of each vehicle and such further "Charges" for each vehicle as are set forth in the "Primary one or more service coupon packets which will enable said operator to Rate Schedule" or "Supplemental Rate Schedule ", as the case may be, covering obtain service for the vehicle, in the manner and at the intervals as that vehicle (the Primary Rate Schedule(s) and Supplemental Rate Schedule(s) specified on such coupons, at a cost directly chargeable to Avis. being referred to herein generically as "Schedule(s) "), all of which Schedules are Customer agrees to use the coupons as provided for service of the vehicles made a part hereof and are fully incorporated herein by reference thereto, or (b) unless Avis agrees in writing to waive this requirement. with respect to any vehicle ordered by Customer which is different as to make, model and /or equipment from any vehicle listed on any Schedule then in 2. Avis reserves the right, at any time and from time to time, upon written existence for Customer under this Agreement (i) the Base Monthly Rate for notice to Customer, to modify, cancel or replace said coupons. Customer such vehicle, which shall be equal to the Base Monthly Rate stated in the latest agrees to return or cause to be returned to Avis promptly all canceled, dated Primary Rate Schedule for Customer, increased or decreased by the modified or replaced coupons, and in any event to return unused difference between the cost to Avis of the vehicle (as equipped with those coupons when the vehicle is returned to Avis. items included in the base monthly rate for that vehicle) covered by the latest 3. In consideration of the issuance of such coupons, Customer agrees to dated Primary Rate Schedule and the cost to Avis of the new vehicle (simi- indemnify Avis and hold it harmless for any and all expenses and costs larly equipped) being ordered by Customer, divided by the number of months arising from the use of the coupons after return of the vehicle to Avis or 3f the minimum term of this Agreement, plus (ii) with respect to additional after Customer has been notified of the modification, cancellation or equipment not included in the Base Monthly Rate for the new vehicle, such replacement thereof, or otherwise than for service to the vehicles in additional sum as may be charged by Avis, plus (iii) such further "Charges" as accordance with this Paragraph 3(c) and with the terms of the coupons, are set forth in the Schedules. In no event shall the rental hereunder be sub- until the unused coupons, if any, are surrendered to Avis at its address set ject to any deduction or offset of any kind or character. Such payments shall forth in the Agreement or until receipt by Avis of written notice that said commence with respect to each vehicle on the respective effective date and coupons have been lost or stolen. shall continue monthly in advance thereafter on the first day of each succeed- 4. Registration and Taxes. The vehicles shall, at the expense of ing calendar month during the respective lease term. Payments shall be pro- rated for periods involving less than a full month. In the event that the base' manufacturer's price of any vehicle to be leased to Customer hereunder be titled and /or registered by shall be increased or decreased prior to the time the vehicle is delivered to the Customer in the name of Avis; provided, nevertheless, that, where Avis bears the Customer's Representative, the Base Monthly Rate for such vehicle shall be expense under this Paragraph 4, Avis' responsibility shall be limited to one increased or decreased by a sum equal to the amount of said increase or registration per vehicle per registration year. In no event shall Avis be obligated decrease, divided by the number of months of the minimum term such vehicle is to pay any registration fee in excess of that in effect on the date of this to be leased to Customer. In those instances when a Schedule is in effect as to a Agreement. Customer shall pay the cost of all necessary vehicle inspections and vehicle, for the purpose of determining the amount of base manufacturer's price shall pay Avis an amount equal to all taxes and fees whatsoever assessed upon or increase or decrease, hereunder, the manufacturer's price of such vehicle, imposed by any governmental authority with respect to the rental payments comparably equipped, as of the date set forth on the Schedule for that vehicle, hereunder, purchase, operation, ownership, maintenance or use of the vehicles, hall be considered the base manufacturer's price. The Base Monthly Rate other than the Federal Manufacturers' Excise Tax, if any, in effect on the date includes unlimited mileage up to a maximum of 2,000 miles per month from the hereof with respect to those times supplied by Avis. If a vehicle is returned by date of delivery of the vehicle. In the event that mileage accumulation for any Customer to Avis with expired license plates, whether or not during a licensing vehicle exceeds such allowable mileage, Customer shall pay as additional rental grace period, Customer will pay Avis any penalties imposed by law in for that vehicle a charge of $.03 per mile for the excess mileage. The Base connection with any subsequent licensing or registration of such vehicle Monthly Rate does not include and Customer shall be responsible and shall be resulting therefrom. Customer shall keep Avis advised of the name and home invoiced for the cost of any equipment, accessory or modification required to address of the current drivers to whom the vehicles are assigned, and Customer be installed or made to the vehicle by any Federal, State, Municipal or other shall indemnify and pay Avis upon demand any cost incurred by Avis resulting governmental law, regulation or ordinance the effective date of which is from Customer's failure to comply with provisions of this paragraph. subsequent to the date of the Schedule covering such vehicle, or, if no Schedule exists with respect to such vehicle, the date on which the vehicle is delivered to Customer. - , 5. Insurance and Indemnification. (a) Customer 3. Maintenance. (a) shall shall at its expense furnish primary automobile liability and property damage pay for all necessary servicing and repairs including greasing and insurance under a standard form automobile policy, as well as "no fault" anti - freeze; Customer shall pay for all gasoline, oil and cleaning and shall change benefits provided by law, for each vehicle protecting the interests of Avis and its the crankcase and transmission oil in accordance with manufacturer's recom- affiliates and Customer and its drivers with limits of coverage of not less mendations. The vehicles shall be equipped at the time of their initial delivery $250,000 for injury to or death of one person and, subject to that limit for each with five new tires, including a spare tire. Customer shall pay for all additional person, $500,000 for all persons injured or killed in the same accident, and tires, provided, however, that where Avis is obligated to pay for all necessary $50,000 for damage, destruction and /or loss of use of property as a result of servicing and repairs under this Paragraph 3, it shall, upon Customer's request, at any one accident, excluding damage to, or destruction of, property owned by or Avis' expense, replace such original tires with not more than four new tires, rented to, in charge of, or transported by Customer, its drivers or any person provided, further, that Avis, shall select the location and manner in which such operating the vehicles. If such insurance is to be furnished by Customer, it shall tire replacement shall occur. Customer shall not permit any interchange of parts, contain terms and conditions satisfactory to Avis, and Customer shall furnish tires or accessories to be made between the vehicles, or any repairs, additions or Avis with a current endorsement or certificate thereof, satisfactory in form and adjustments to be made to the vehicles without first obtaining Avis' consent substance to Avis. Such insurance, if provided by Avis, specifically shall exclude unless the total cost thereof is less than $25.00, and in no event shall any any liability for bodily injury to any employee or fellow employee of Customer repairs, additions or adjustments be made except by an authorized represen- arising out of or in the course of employment by or with Customer or liability tative of the respective manufacturer. Customer shall comply with instructions imposed upon or assumed by Customer under any Workmen's Compensation furnished by Avis from time to time concerning the operating and mainte- Act, Plan or Law and /or Contract of whatever nature, it being expressly nance of vehicles, including those instructions set forth in the Driver's Manual understood and agreed that Avis shall not be required to provide any insurance delivered to Customer or its agent at the time of delivery of each vehicle, the other than as stated herein. terms of which are incorporated herein by reference, and shall reimburse Avis (b) Customer will indemnify, defend and hold harmless Avis from and against for the cost of repairs attributable to its failure to perform its obligations any and all loss, claims, liability, suits, costs and expense, including attorneys' specified in this Agreement or to comply with any such instruction. Under no fees and disbursements, caused by or arising from the use or operation, circumstances shall Avis be liable for any loss of time, business, profits condition (including without limitation latent or other defects whether or not • . • , discoverable by Avis), loading or unloading of the vehicles or out of the conduct shall not abate until Avis has received the full reimbursement payment. Unless of Customer's business, and irrespective of any acts or omissions of Avis, permission to self insure for these obligations is given in writing by Avis, negligent dr otherwise, including, without limitation, loss or, damage to or loss Customer -shall maintain collision and comprehensive insurance, protecting Avis of use of property or bodily injury or death sustained by third persons or the against loss 'or damage, which insurance shall contain terms satisfactory to Avis, agents, servants or drivers of Customer or Avis, to the extent the same shall not including designation of loss payee and named assured, and be evidenced by a be covered and protected by the aforesaid insurance (if any) furnished by Avis certificate furnished to Avis, in form and substance satisfactory to it Without hereunder, or, if covered, in excess of the applicable liability limits. Customer, limiting the generality of any of the foregoing, at any time prior to or upon its drivers, servants, and agents will cooperate fully with Avis and the insurance termination of this Agreement as to each vehicle, Customer agrees to make carriers insuring the hazards enumerated in this Paragraph in the investigation, prompt payment to Avis for the full amount of any damages, howsoever caused, defense and prosecution of any and all claims or suits arising from the operation not reported to Avis as required by this Agreement. ANYTHING IN THIS of the vehicles and will make prompt report to Avis of the occurrence of any AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THIS PARA- and all accidents, collisions or damage or loss which occur while a vehicle is in GRAPH 6 (b) SHALL HAVE NO FORCE. AND EFFECT IF AVIS IS TO the care, custody or control of Customer, its driver, agent or servant and shall FURNISH LIABILITY AND PROPERTY DAMAGE INSURANCE PURSUANT promptly deliver to Avis, or such other entity as Avis may direct, any and all TO PARAGRAPH 5 (a) OF THIS AGREEMENT. papers, notices and documents served upon or delivered to Customer, its drivers, Vehicle Operation and Use. Customer shall permit and authorize the 7. servants or agents in connection with any claim, suit, action or proceeding vehicles to be operated only by licensed drivers who are selected, employed and commenced or threatened and arising out of the operation of any vehicle. In the controlled by Customer, or members of the household of such employees, event that the cost per vehicle to Avis of any insurance provided by Avis shall be provided all drivers are 25 years of age or older, all said drivers being increased during the lease term, the amount of such increase per vehicle per conclusively presumed to be the agents or servants of Customer only, and month may be added thereafter to the Rental hereunder. Customer shall require them to operate the vehicles with reasonable care and (c) If insurance is being furnished by Avis hereunder, Customer or its driver(s), diligence, and to use every reasonable precaution to prevent loss or damage or both, will be required to complete an Insurance Information Certificate thereto or to third persons or their property. Upon written notice from Avis which Customer understands is required by Avis for the purpose of determining specifying any reckless, careless or abusive handling of any vehicles, Customer the insurability of Customer and such drivers with regard to motor vehicle shall remove such driver or drivers and substitute therefor other such drivers as insurance furnished pursuant to this Agreement. Customer certifies that each soon as it is reasonably possible to do so. Without modifying or enlarging the statement made or to be made and information furnished or to be furnished in foregoing, it is expressly' agreed and understood that any insurance coverage at such certificate is or will be true and correct when made or furnished. If any of anytime furnished by Avis shall apply only to persons operating a vehicle with the information contained in any such Certificate shall prove to be incorrect, the express or implied consent of Avis or Customer. Customer shall remove all Avis may, in its sole discretion, any other provision of the Agreement to the property from the vehicles before transferring possession thereof to Avis at any contrary notwithstanding: time and Customer shall indemnify, defend and hold harmless Avis from and against any loss, claims, suits, liability. costs and expense, including attorneys 1. Terminate the Agreement forthwith upon written - notice to Customer fees and disbursements, caused by or arising out of the loss or theft of or and exercise all rights and enforce all obligations arising under said damage to any property left in or upon the vehicles at any time or place, Agreement upon a termination thereof; or including, without limitation, while under the care, custody or control of Avis 2. In the event that Avis elects to and can provide insurance for Customer and irrespective of whether said loss, theft or damage was caused by or related and its drivers under any insurance rating plan in force in the territory of to the negligence of Avis. Customer shall not permit the vehicles to be operated garaging of the leased vehicle which provides additional premium or or used outside of the contiguous forty -eight states and the Dominion of surcharge on the basis of experience, record, or point scores, then Avis Canada, other than upon a paved road, public highway, graded road or may increase the Monthly Rental, retroactive to the commencement of driveway, for illegal purposes, as a public livery or conveyance, to tow a trailer the lease term for each vehicle affected, to cover said increased cost of or other object, or to transport property which is explosive, radioactive or insurance. inflammable. It is expressly understood and agreed that notwithstanding any 6. Vehicle Damage. (a) Avis shall, as to each of the vehicles, relieve Customer other provision of this Agreement any station wagons that may be leased under of all liability for loss or damage by any cause whatsoever, including, without this Agreement may not be used for the transportation of property of any kind. limitation, casualty, collision, upset, malicious mischief, vandalism, falling Customer shall indemnify, defend and hold Avis harmless from all claims, suits, objects, missiles, glass breakage, fire, smoke, water, smudge or theft (which loss, costs, liability, fines, forfeitures, penalties and expense, including attor- Customer shall substantiate by furnishing a police report or other documenta- neys' fees and disbursements, caused by or arising out of or in connection with tion satisfactory to Avis), in excess of $100, but Customer shall reimburse Avis any seizure of the vehicles for speeding, reckless or careless driving or the upon receipt of its invoice (a) up to the first $100 of any such loss or damage violation of any statute, regulation or ordinance of any constituted public arising out of each incident or event and (b) the full amount of all loss or authority, including any and all parking and traffic violations. damage resulting from theft or conversion by any of Customer's drivers, agents 8. Condition of Vehicles at Termination. (a) Customer shall, on or before the or authorized operators or deliberately caused by Customer or any operator date of expiration or earlier termination of this Agreement as to any or all of authorized by Customer, or resulting from any violation of the terms or the vehicles, return each such vehicle at Customer's expense to Avis at a place conditions of this Agreement or any reckless, abusive or careless handling of the designated by Avis in the same general vicinity in which the vehicle is then vehicles by Customer or any such operator, or, with respect to collision or upset garaged, in as good condition and appearance as it was when received by loss or damage, caused by the negligent operation of a vehicle under the Customer, ordinary wear excepted, together with all license plates, registration ownership or control of Customer, other than a vehicle leased to Customer by and /or title documents or similar documents. It is understood and agreed that Avis. Avis shall attempt to recover for such reimbursed losses or damages from the standard for ordinary wear for a station wagon shall be identical to that of third parties liable therefor and shall remit to Customer a part of the respective an ordinary passenger vehicle. The vehicle as returned shall also meet all govern - recovery, less out -of- pocket expenses, which bears the same ratio as the amount ment safety and environmental standards and regulations then in effect for that reimbursed by Customer bears to the total amount sought to be recovered. vehicle. Should any vehicle not be returned in the condition and appearance Notwithstanding any contrary provision of this Agreement, at any time prior to required hereby, or meeting the regulations referred to above, Customer shall or upon termination of this agreement as to each vehicle, Customer agrees to pay or reimburse Avis upon demand for all costs of restoring the vehicle to such make prompt payment to Avis for the full amount of any damages, howsoever condition and appearance. caused, not reported to Avis as required by this Agreement. ANYTHING IN (b) In addition to the provisions of this Agreement concerning the maintenance, THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, 'PHIS insurance, repair and return of each vehicle, Customer further agrees with Avis PARAGRAPH 6 (a) SHALL HAVE NO FORCE AND EFFECT IF CUSTOMER that upon the return of each vehicle to Avis, as provided in this Paragraph 8, IS TO FURNISH LIABILITY AND PROPERTY DAMAGE INSURANCE Avis will cause the vehicle to be inspected by an independent third party in PURSUANT TO PARAGRAPH 5 (a) OF THIS AGREEMENT. order to determine the extent to which the vehicle is in the condition required (b) Customer shall, as to each of the vehicles, bear all risk of loss or damage and by this Agreement and the costs, if any, of restoring, repairing and servicing the pay all costs of repairs and replacements, resulting from or caused by any source vehicle so that it may be in such condition. A copy of each inspection report whatsoever, including, without limitation, casualty, collision, upset, malicious will he furnished to Customer. The judgment of such third party as to the mischief, vandalism, falling objects, missiles, glass breakage, fire, smoke, water, condition of the vehicle and the costs of repair, service and restoration thereof smudge, theft, conversion by operators or other agents, riot or civil commotion shall be final and binding on the parties and Customer agrees to pay such sum to (whether or not caused by the acts or omissions of Avis). In the event any Avis upon being invoiced therefore. Not withstanding anything to the contrary vehicle shall be adjudged by Avis to be a total loss or in the event of a theft contained in this Agreement, Customer shall not be required to pay the restora- (which Customer must substantiate by furnishing a police report or other tion of any item which is the responsibility of Avis under Paragraph 3 of the documentation satisfactory to Avis), Customer will reimburse Avis upon Agreement. demand for the greater of (a) the fair market value (wholesale) thereof immediately preceding such loss, as indicated in the issue of the Automotive 9. Substitution of Vehicles. Avis may from time to time substitute sub - Market Report in effect in the region where the vehicle is garaged, or (b) Avis stantially similar vehicles for any of the vehicles. The parties shall with respect book value thereof immediately preceding such loss. The rental for the vehicle to such substitute vehicle execute_a Delivery Receipt which shall constitute a i t • part hereof in place of the Delivery Receipt for the vehicle replaced for purposes simultaneous or later exercise of any or all such other rewedies.t of applying the mileage accumulated by the replaced vehicle prior to its replacement, and the effective date of the lease term as to any substitute vehicle 11. Advertisements and Accessories. Customer may at its o n expense aftia shall be the date of its delivery to Customer and not the effective date as to the to the vehicles any proper advertisement, accessories or insignia 'of its own replaced vehicle; the term of lease of the substituted vehicle shall be defined in design indicating that it is being used in Customer's service, provided, however, Paragraph 10 hereof unless otherwise agreed to in writing by Avis. in any such instance, that it has previously obtained written authorization from 10. Termination. (a) Each vehicle is leased for a term of not less than 20 Avis, and Customer shall, at its own expense, restore the respect a vehicle to its original condition prior to the installation thereof and remov all evidence of months ( "minimum term ") or more than 24 months ( "maximum tern "). It is the same at the expiration of the respective lease term to the reasonable contemplated that each vehicle shall be replaced, at the end of the lease term satisfaction of Avis. thereof, by another vehicle delivered in accordance with Paragraph 1. Should either party not wish to so replace a vehicle, it shall inform the other party by 12. Assignment. Customer's interests herein shall not be transferred, whether written notice at least 90 days prior to the termination date specified in said by way of assignment or by operation of law or otherwise; nor shall Customer notice, whereupon this lease shall terminate as to such vehicle on the sublet any of the vehicles, except with the advance written consent of Avis. termination date so specified or the last day of the maximum lease period for 13. Miscellaneous. EACH VEHICLE IS HEREBY LEASED BY AVIS TO the vehicle, whichever is later. If no such notice is delivered, the other party CUSTOMER AS IS, THERE BEING NO WARRANTIES, EXPRESS OR who wishes to deliver or accept a replacement vehicle and who did not receive IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR A such notice shall have the right, upon prompt notice, to extend the term of this PARTICULAR PURPOSE OR OTHERWISE, MADE BY AVIS IN OR IN lease as to any vehicle with respect to which such notice was not given, for a CONNECTION WITH THIS AGREEMENT. This document, together with all period of 90 days from the end of the maximum lease period specified above for Schedules and Delivery Receipts, addenda, if any, and Driver's Manual such vehicle. constitutes the entire agreement between the parties hereto. There are no other ( ) Upon the occurrence of one or more of the following events: agreements or understandings affecting this instrument. No term or provision of this Agreement may be changed, waived, supplemented or discharged orally, but C stonier shall fail to make any payment of rent due hereunder: or only by an instrument in writing signed by the party sought to be charged 2. Customer shall fail to perform or observe any other term, covenant or thereby and, if such party be Avis, by an executive officer thereof. This is a agreement contained herein, and such failure shall continue unremedied contract of leasing only, and Customer has acquired and shall assert no right, for 10 days following written notice thereof by Avis; or title, option or interest in or to any vehicle, except as lessee hereunder. 3. Customer shall become insolvent or bankrupt or fail to pay its debts as Paragraph headings have been inserted for convenience only and shall not affect they mature or make an assignment for the benefit of creditors or suffer the construction of this Agreement. The failure of either party hereto in one or dissolution or the termination of its existence; or a trustee or receiver more instances to insist upon the performance of any of the terms or conditions shall be appointed for Customer or any or its property; or bankruptcy, of this Agreement, or to exercise any right or privilege by this Agreement reorganization, insolvency or arrangement proceedings or proceedings conferred, or the waiver of any breach of the terms or conditions of this under any other laws relating to the relief of debtors or similar laws shall Agreement, shall not be construed as thereafter waiving any such terms or be commenced by or against Customer, including, without limitation, a conditions, rights or privileges, but the same shall continue to remain in full proceeding for reorganization under Chapter X or for an arrangement force and effect the same as if no forbearance or waiver had occurred. This under Chapter XI of the Federal Bankruptcy Act; or Agreement in all respects shall be governed by and construed in accordance with the law of the State of New York. 4. Avis or its brokers or insurers shall at any time consider Customer to be an undesirable risk, and Customer, within 10 days after receipt of notice 14. Notice. All notices required to be given under the terms of this thereof, shall not have furnished full liability and damage insurance at Agreement or which either party hereto may desire to give to the other shall be least equal to that being provided by Avis as well as full collision and in writing, signed by or on behalf of the party giving the same, sent by United physical damage insurance for all vehicles (at a reduced rental reflecting States registered or certified mail, postage prepaid, addressed to the other party decrease in premium expense to Avis); at its address stated above or such other address as either shall hereafter furnish the other in writing, and shall be effective from the date of mailing. then Avis may in its discretion, exercise one or more of the following remedies, to the extent available under applicable law: (1) terminate this Agreement on 15. Severability. Any provision of this Agreement which is prohibited or written notice to Customer, whereupon Customer shall pay to Avis, as unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to liquidated damages and not as a penalty, the entire unpaid rental for the balance the extent of such prohibition or unenforceability without invalidating the of the maximum lease period remaining for each vehicle; (ii) refuse to deliver or remaining provisions hereof, and no such prohibition or unenforceability in any return to Customer any vehicle then in Avis' possession and cause Customer to jurisdiction shall invalidate such provision in any other jurisdiction. return all vehicles at its expense, as provided in Paragraph 8, or enter upon the 16. Security Deposit. Customer has deposited with Avis the sum of premises where any or all vehicles are located and take immediate possession thereof, with or without process of law and without liability to Customer for trespass or otherwise for or by reason of such entry or taking possession; (iii) $ .. as security for the full and faithful performance by proceed by appropriate court action to enforce the terms hereof or to recover Customer of all terms, covenants and agreements of this Agreement upon damages for the breach hereof; or (iv) exercise any other right or remedy Customer's part to be performed, which sum shall be returned to Customer available under applicable law. In any or all such events Customer shall be liable upon termination of this Agreement provided Customer has fully and faithfully for all rent or other charges due hereunder before any termination hereof, as carried out all such terms, covenants and agreements. Except as herein set forth, well as all costs and expenses, including attorneys' fees and disbursements, or as may be required by applicable law, notwithstanding the provisions hereof, incurred by Avis by reason of any event described in clause (b) above or the Avis shall be subject to no restrictions or limitations whatsoever with respect to exercise of any remedies with respect thereto. Each remedy shall be cumulative such funds, nor shall Avis be obligated to pay or accrue any interest thereon. and in addition to any other remedy referred to above or otherwise available to IN WITNESS WHEREOF, the parties hereto have caused this instrument to be Avis; and the exercise of one or more such remedies shall not preclude the duly executed in their behalf the day and year first above written. Monroe County Board of Commissioners WE TRY HARDER . Customer --- , A T A BY X-- ,./Zy R/ � By ' i ! ■44 r (Title) (Title) Chairman Board of County Commissi Cl -k' to the Board of County C.D 415 of Monroe County Commissioners of Monroe County • ... AVIS 4UL27 R, CAR LEASING DIVISION ' RATE SCHEDULE DATE: ,dime 25, 1976 THIS RATE SCHEDULE IS PART OF THE AUTOMOBILE LEASE AND SERVICE AGREEMENT DATED Jun 25, 1976 BETWEEN WE TRY HARDER, INC. AND Monroe County Board Of Commissioners DESCRIPTION OF LEASED VEHICLES BASE MONTHLY RATE $242.65 N EAR 1977 MAKE Chevrolet MFG'S MODEL DESCRIPTION Impala 9 Pass. S/W MFG'S MODEL NUMBER CHARGES FOR OPTIONAL EQUIPMENT NOT INCLUDED IN THE BASE MONTHLY RATE ALL EQUIPMENT LISTED BELOW IS 44 V :1, INCLUDED IN THE BASE MONTHLY RATE -V.-'''DESCRIPTION ' MONTHLY ONE -TIME ALL FACTORY INSTALLED $ $ STANDARD EQUIPMENT ENGINE 400 cu. S . 4L, t.�-i 4 „.. u _ _ _ (Ty , AUTOMATIC TRANSMIS Std. tt tt a tt � u.k , Ka isl't 2_ RADIO AM . ,,, (TYPE) :;. WHITE WALL TIRES LR7R A • (T +� -. AIR CONDITIONER ' I ' TINTED GLASS A POWER STEER G BODY SIDE ' LDINGS VINYL INTE't R Std. • a . POWER DISC RAKES d. f . . REMOTE OSR L.H t 4 Power Tailg ''' PnwPr Rear Wdnw S`� - -� r . Wheel Covers , Quiet Sound Gro - Luggage Carrier • Seat Belts 8 -seat -shoulder . Aux. Light Pkg. VEH S GARAGED WEST OF THE MISSISSIPPI 0 THE BASE MONTHLY RATE INCLUD UNLIMITED MILEAGE UP TO A MAXIMUM OF 2,00 '' MILES PER MONTH FROM DATE OF DELIVERY. SHOULD MILEAGE ACCUMU ON FOR ANY VEHICLE EXCEED THE ABOVE M ''*NED ALLOWABLE MILEAGE, CUSTOMER WILL PAY AS ADDITIONAL RENTAL FOR T ,VEHICLE A CHARGE OF $.03 PER MILE .»€'THE EXCESS MILEAGE. ,t, r . 4 IN WITNESS WHEREOF, the parties hereto have cause - 1W ° k r b be executed this _day of lc , 197 WE TRY HARDER, INC. CUSTOMER Mon oe Count Board of County missio s 111..1111 BY By t'.4-.1( Title REGIONAL MANAGER Ir Title Chairman of the Board 1 CUSTOMER CLD 402 A ' ICV T - ..�.� CAR LEASING DIVISION ADDENDUM TO LEASE AGREEMENT DATED June 25, , 1976, BETWEEN AVIS RENT A CAR SYSTEM, INC., and Monroe County Board of Commissioners . It is hereby agreed and understood that in the event the automobile manufacturer increases or decreases the price of the vehicle involved, the stated monthly rental fee in the agreement shall be affected at the rate of 3% per hundred dollar fluctuation. Example: Should the vehicle specified have a 1976 factory price of $5000. and the agreement rental rate be $130.00 per month, a factory price increase on the 1976 model to $5100. would raise this monthly rate to $133.00. Conversely, should the manufacturer reduce the price to $4900., the monthly rate would decrease to $127.00. This addendum dated this 25th day of June , 1976. AVIS RENT A CAR SYSTEM, INC. Customer: Monroe County Board of j_i_______ ----- Co my Co missioners BY: .q 1 By : �� L ., �� <-/' Chairman of he Board 09M1 -36 • +v.v. Jtll ? . Addendum dated ....0.upe 25 , 1976, to Agreement dated June 25 1976 between We Try Harder, Inc. ( "WTH ") and Monroe County Board of Commissioners ( "Lessee ") . 1. Lessee and WTH hereby agree that all references to Avis Rent A Car System, Inc. in this Agreement (except paragraph 4 of this Addendum) shall be deemed instead to be references to WTH, except that all provisions which relate to insurance and indemnification shall be deemed to refer to both WTH and Avis Rent A Car System, Inc. 2. Assignment of Agreement by WTH. WTH may from time to time assign all or any part of its right, title and interest in this Agreement including all moneys and claims for moneys due and to become due to WTH hereunder. Lessee's obligation to pay said moneys to the Assignee, upon prior written notice to Lessee by the Assignee, shall be absolute and un- conditional and shall not be subject to any defense or setoff. The Assignee shall have no obliga- tion or liability under this Agreement by reason of or arising out of such assignment, nor shall the Assignee be required or obligated in any manner to perform or fulfill any obligations of WTH under this Agreement. This Agreement and any right or interest created in any Vehicle shall be subject and subordinate to all security interests in such Vehicles heretofore or hereafter granted by WTH to the Assignee covering such Vehicles; provided, however, that Lessee may remain in possession of such Vehicles until expiration of the lease term as long as the Lessee shall make due and timely payment to such Assignee of all moneys then and thereafter due hereunder and perform all other covenants and obligations of this Agreement; and provided further that in the event of any default by the Lessee the default provisions of the Agreement shall apply and all rights and remedies of WTH shall inure to the Assignee. 3. By its execution of this Agreement and Addendum, Lessee does hereby acknowledge receipt of notice that WTH has assigned all rentals and other monies to be paid by Lessee to WTH pursuant to the Agreement as collateral security for certain obligations of WTH. Lessee does hereby agree to make all rental payments pursuant to the Agreement to the order of The Bank of New York and send said payments to the Bank of New York at P. O. Box 11,192, New York, New York 10049. 4. It is understood and agreed that Avis Rent A Car System, Inc. will administer this Agreement and will perform the functions therein provided to be performed by Lessor. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed as of the day and year first above written. WE TRY ' ARID: .R, I , or By Lessee Name .on.. s:...G.• b.t fit.. ,o.ax.d...of County Commissioners By ■ 2 Chairman of the Board Avis Rent A Car System, Inc. hereby accepts the foregoing Agreement and agrees to perform the functions therein as provided in Section 4 of the Addendum thereto. AVIS RENT A CAR SYSTEM, INC. By CAR LEASING DIVISION ADDENDUM Addendum to Automobile Lease and Service Agreement dated June 25, , 197 6 , between Avis Rent A Car System, Inc., and Monroe County Board of Commissioners Paragraph (3) Maintenance is amended as follows 1. Avis agrees to pay for oil changes and lubrications; Customer pays for oil between changes. All other provisions remain in effect. Dated AVIS RE .AR S STEM, INC. By: Monroe C unty Board of County CUSTOMER Commissioners By: -.9 • Chairman of the Board LEASE VEHICLE REQUISITION DATE l! 4 CAR LEASING DIVISION CITY CODE MAIL WITI{CARBON INTACT TO 7 NEW VEHICLE NUMBER AVIS -� c T CE° 14 _ cam �r v CUSTOMER BILLING INSTRUCTIONS TO AVIS CAR LEASING / AVIS \ / t WE TRY HARDER, INC. SALESMAN'S NAME Ream County Board of Commissioners 175 CROSSWAYS PARK WEST SOO Whitehead Street WOODBURY, NEW YORK 11797 \ CIS J Key West, Fide 33040 516-364-0900 / YOUR COMPANY'S NAME AND ADDRE AVIS INSTRUC - TO DEALER --ay. CUSTOMER i BUY NEW PLATES ❑ TRANSFER PRESENT PLATES ❑ ADDRESS WU 111111 Ltehead ` CITY & STATE t 4* 3 Solliag Me MD 005 TELEPHONE 4 . - . : 1 p,�,. ATTN: J HIS B9X CONTAINS THE NAME AN i • DDRESS OF THE DEA- FILL IN NAME AND DDRESS 0` R SE ATIVE ER O WILL DELIVER NEW VEH1k E. PLEASE CONTACT WHO WILL RECEIV VEHICLE s, ididi 0 1• -EGARDI NEW VEHICLE. DRIVER pooL T ! I� �. HOME r ADDRESS • CITY & STATE t SUL COUNTY IF NUMBER AP EARS IN T BOX USED VEHICLE IS TO * 30*r1 BE TURNED IN • DEALE• D DRIVER MUST SIGN USED M :E COMPLETED IF YOUR COMPAN IS RESPONSIBLE VEHICLE CON' ION REP 5U• i DESCRIPTION OF EHICLE T RE E co D NG PL/PD OVERAGE: II 4 * ro i VEHICLE NO. AR: • MODELI* _• UM; SERIAL NO: a . '.. 'isms EXPIRATION DATE: / DESCRIBE NEW ICLE /YEAR YEAR MAKE MODEL BODY STYLE COL• CHOICES 1. EXTERIOR INTERIORb 1977 Cheered .. Impala Station 9 Passa 2. EXTERIOR INTERIOR ® ENGINE ' T ,a V ® BODY SIDE MOLDINGS ® AUTOMATIC TRANSMISSIO ® VINYL INTERIOR #.* , ® RADIO im ® POWER DISC BRAKES [^' .;, TYPE ® WHITE WALL TIRES ►t: . TE MIRROR _ riSeat Sens - $ coot .. 1 SbmmIder ® AIR CONDITIONER WH EEL LAVERS a] „ LW P*e ® TINTED GLASSAII 0 VINYL ROOF 0 ® 4R +i COLOR 0 POWER STEERING ���� DRIVER PLEASE NOTE: WHEN ACCEPTING DELIVERY PLEASE MAKE CERTAIN YOU (1) SIGN DELIVERY RECEIPT FOR AVIS. (2) SIGN DELIVERY RECEIPT FOR YOUR COMPANY'S RECORDS AND RETURN TO THEM. (3) SIGN COMPLETED CONDITION REPORT ON USED CAR APPLICABLE. DELIVERY RECEIPT THE ABOVE VEHICLE IS ACCEPTED AND RECEIVED BY THE NAMED CUSTOMER SUBJECT TO THE TERMS AND CONDITIONS OF THE VEHICLE LEASE AND SERVICE AGREEMENT WHICH VEHICLE THE UNDERSIGNED ACKNOWLEDGES FOR HIMSELF AND THE NAMED CUSTOMER HE RECEIVED IN GOOD CONDITION AND EQUIPPED AS DESCRIBED ABOVE. DATE LICENSE NO. SERIAL NO. MILEAGE DRIVER CLD 200 CUSTOMER ACKNOWLEDGMENT LEASE VEHICLE REQUISITION DATE *My #, 1974 CAR LEASING DIVISION CITY CODE MAIL WITT1 CARBON INTACT TO 71124,7* NEW VEHICLE NUMBER AVIS 0 t 400334 209710 CUSTOMER BILLING INSTRUCTIONS TO AVIS - — v. CAR LEASING ( AVIS / WE TRY HARDER, INC. SALESMAN'S NAME Monroe ty Board of Ce 1**lam 175 CROSSWAYS PARK WEST MR,13 500 Whitebeed Street WOODBURY, NEW YORK 11797 ` t• or1 516- 364 -0900 / V f` YOUR COMPANY'S NAME AND ADDRE AVIS INSTRUC , TO DEALER —: / CUSTOMER NOM Ct $1 / BUY NEW PLATES ❑ TRANSFER PRESENT PLATES ❑ ADDRESS CITY & STATE 0$ 33040 Son Seat SAD 100 TELEPHONE / \ATTN: _ .• I. -, - .. / HIS BOX CONTAINS THE NAME AN • • DDRESS OF THE DEA- FILL IN NAME AND DDRESS 0` R • A SE ATIVE ER WHO WILL DELIVER NEW VEHIk E. PLEASE CONTACT - le WHO WILL RECEIV VEHICLE • e • 1• EG ARDI NEW VEHICLE. NMI /DRIVER T T HOME �y� A "Sii, Caw DDRESS # �"' CITY & STATE t nod. COUNTY TELE.# NOY ti lia• 3304(4 J Mta IF NUMBER AP EARS IN T BOX USED VEHICLE IS TO $ 30S-4 1100.-10S3 BE TURNED IN • DEALE• D DRIVER MUST SIGN USED M :E COMPLETED IF YOUR COMPAN IS RESPONSIBLE VEHICLE CON ION REPI . SU• DESCRIPTION OF EHICLE T RE E I, i ir C• D NG PL/PD OVERAGE: VEHICLE NO. r , A•+ g • MODELi$ -. UM: : `SERIAL N i '' EXPIRATION DATE: / DESCRIBE NEW ICLE /YEAR MAKE MODEL BODY STYLE COL. CHOICES 1. EXTERIO • 7 , 4i . INTERIOR 1977 19 • l; Way 9 ' 2. EXTERIOR # INTERIOR 0 ENGINE BODY SIDE MOLDINGS ® AUTOMATIC Z VINYL INTERIOR ®i -, _ , -. ® RADIO AD ® POWER DISC BRAKES "* TYPE ® WHITE WALL TIRES to ,, • TE MIRROR L+ISeat Salts $ Seat - 2 Sheeldiw ® AIR CONDITIONER .r' WH EEL • I Wks_ L$Ot Pasta. ® TINTED GLASS Ain g VINYL ROOF 0 COLOR ® POWER STEERING P-Tant 0 DRIVER PLEASE NOTE: WHEN ACCEPTING DELIVERY PLEASE MAKE CERTAIN YOU (1) SIGN DELIVERY RECEIPT FOR AVIS. (2) SIGN DELIVERY RECEIPT FOR YOUR COMPANY'S RECORDS AND RETURN TO THEM. (3) SIGN COMPLETED CONDITION REPORT ON USED CAR APPLICABLE. DELIVERY RECEIPT THE ABOVE VEHICLE IS ACCEPTED AND RECEIVED BY THE NAMED CUSTOMER SUBJECT TO THE TERMS AND CONDITIONS OF THE VEHICLE LEASE AND SERVICE AGREEMENT WHICH VEHICLE THE UNDERSIGNED ACKNOWLEDGES FOR HIMSELF AND THE NAMED CUSTOMER HE RECEIVED IN GOOD CONDITION AND EQUIPPED AS DESCRIBED ABOVE. DATE LICENSE NO. SERIAL NO. MILEAGE DRIVER CLD 200 CUSTOMER ACKNOWLEDGMENT i LEASE VEHICLE REQUISITION DATE Job 15 1976 \\ CAR LEASING DIVISION CITY CODE MAIL WITH CARBON INTACT TQ/ t NEW VEHICLE NUMBER V AVIS vAnauver OM I 600334 209707 CUSTOMER BILLING INSTRUCTIONS TO AVIS - - i CAR LEASING t AVIS WE TRY HARDER, INC. SALESMAN'S NAME if Minn* Comity lewd of Colorfos 175 CROSSWAYS PARK WEST SOO lifititeitead Street WOODBURY, NEW YORK 11797 \ MOM Nest Florida 516- 364 -0900 J YOUR COMPANY'S NAME AND ADDRES AVIS INSTRUC TO DEALER --ay. �CUSTOMER �� (BUY NEW PLATES ❑ TRANSFER PRESENT PLATES ❑ ADDRESS anti CITY & STAI raw . r TELEPHONE '^I Molds ATTN: 301-206- , 11 HIS BOX CONTAINS THE NAME AN* • DDRESS OF THE DEA- FILL IN NAME AND DDRESS 0' R 7 SE ATIVE ER WHO WILL DELIVER NEW VEHIh E. PLEASE CONTACT WHO WILL RECEIV VEHICLE A ift • ;a 1• - EGARDI NEW VEHICLE. DRIVER T T S T oiriiih HOME Pan. f . IIIP ADDRESS Sts CITY & STATE COUNTY ' . =64.1003 IF NUMBER A' EARSINT BOX USED VEHICLE IS TO BE TURNED IN 0 DEALE' D DRIVER MUST SIGN USED M :E COMPLETED IF YOUR COMPAN IS RESPONSIBLE VEHICLE CON* ION REPI . SUR Ali 'Mk DESCRIPTION OF EHICLE T RE NE* S i Irmi CS i NG PL /PD OVERAGE: VEHICLE NO. 4 .:. , AR. ' „ • A ~ MODEL: bp • . • UM: \SERIAL NO: ice. 9t„ . t 53 EXPIRATION DATE: / DESCRIBE NEW HICLE /YEAR MAKE MODEL BODY STYLE COL* CHOICES 1. EXTERIOR ' a ' a JMICklikta 1971 Chovrol -` eta Station Witiom 9 P Unger 2. EXTERIOR INTERIOR ® ENGINE is _ - M BODY SIDE MOLDINGS ® AUTOMATIC TRANSMISSIO ® VINYL INTERIOR t J.. 4 e, ® RADIO M ® POWER DISC BRAKES C' TYPE ® WHITE WALL TIRES ►,,, - , ,OTE MIRROR ri Sala Sets ,,,, $ Slit - 2 qaulder AIR CONDITIONER ill WHEEL • 1 - til f 404—Pi� El TINTED GLASS Ali 0 VINYL ROOF 0 �*� El COLOR POWER STEERING EPI U DRIVER PLEASE NOTE: WHEN ACCEPTING DELIVERY PLEASE MAKE CERTAIN YOU (1) SIGN DELIVERY RECEIPT FOR AVIS. (2) SIGN DELIVERY RECEIPT FOR YOUR COMPANY'S RECORDS AND RETURN TO THEM. (3) SIGN COMPLETED CONDITION REPORT ON USED CAR APPLICABLE. DELIVERY RECEIPT THE ABOVE VEHICLE IS ACCEPTED AND RECEIVED BY THE NAMED CUSTOMER SUBJECT TO THE TERMS AND CONDITIONS OF THE VEHICLE LEASE AND SERVICE AGREEMENT WHICH VEHICLE THE UNDERSIGNED ACKNOWLEDGES FOR HIMSELF AND THE NAMED CUSTOMER HE RECEIVED IN GOOD CONDITION AND EQUIPPED AS DESCRIBED ABOVE. DATE LICENSE NO. SERIAL NO. MILEAGE DRIVER CLD 200 CUSTOMER ACKNAWLFPfC.MFNT LEASE VEHICLE REQUISITION DATEyr U. CAR LEASING DIVISION CITY CODE ini MAIL WITH CARBON INTACT TO 7 / NEW VEHICLE NUMBER 144111111111KV OW * 00334 209709 CAR LEASING CUSTOMER BILLING INSTRUCTIONS TO AVIS- / AVIS \ 7 N WE TRY HARDER, INC. SALESMAN'S NAME 14eeree Ceenty of Commissieners 175 CROSSWAYS PARK WEST SIX WM todieod Street WOODBURY, NEW YORK 11797 \ Mil US J Key Wit, Florida 516 -364 -0900 1 YOUR COMPANY'S NAME AND ADDRE AVIS INSTRUC TO DEALER / / CUSTOMER / BUY NEW PLATES ❑ TRANSFER PRESENT PLATES ❑ \ ADDRESS S ir t CITY & STATE Key Most wide TELEPHONE 30 4 ' 1 Selling Dealer , SI* 01011 \ATTN: Bert I, I \ J HIS BOX CONTAINS THE NAME AN ► • DDRESS OF THE DEA- FILL IN NAME AND DDRESS 0' R ' SE ATIVE ER WHO WILL DELIVER NEW VEHI. E. PLEASE CONTACT WHO WILL RECEIV VEHICLE A 4 I• • EGARDI NEW VEHICLE. DRIVER T a>• Vilir HOME e t ,... ADDRESS CITY & STATEa COUNTY TELE. # IOW itallt ` ♦ Flo. >s 1'' Irrist IF NUMBER A• EARS IN T BOX USED VEHICLE IS TO a '•3'» BE TURNED IN 0 DEALE'• D DRIVER MUST SIGN USED M :E COMPLETED IF YOUR COMPAN IS RESPONSIBLE VEHICLE CON ION REP1 • SU• iiii DESCRIPTION O EHICLE T RE NE io I F irr Co ' I NG PL /PD OVERAGE: VEHICLE NO. 4- r,, 7 AR: t. lit : "i ! . MODEL: i ' . . 1 1 • , a� � • °t \SERIAL NO: EXPIRATION DATE: / DESCRIBE NEW HI YEAR MAKE MODEL BODY STYLE COL. CHOICES 1. EXTERIOR INTERIOR 2. EXTERIO ' 4 INTERIOkI s ri ►1 r ENGINE `♦ ►�1 =ODY SIDE MOLDIN S EI AUTOMATIC TRANSMISSIO ® VINYL INTERIOR III I ., $l IMMO ® RADIO AO ® POWER DISC BRAKES F� TYPE ® WHITE WALL TIRES ► - ■4OTE MIRROR ® AIR CONDITIONER WHEEL • v ®,III. Ltd ® TINTED GLASS *fl U VINYL ROOF 0 COLOR ® POWER STEERING Ili] -Ta$1 0 DRIVER PLEASE NOTE: ']�� . WHEN ACCEPTING DELIVERY PLEASE MAKE CERTAIN YOU (1) SIGN DELIVERY RECEIPT FOR AVIS. (2) SIGN DELIVERY RECEIPT FOR YOUR COMPANY'S RECORDS AND RETURN TO THEM. (3) SIGN COMPLETED CONDITION REPORT ON USED CAR APPLICABLE. DELIVERY RECEIPT THE ABOVE VEHICLE IS ACCEPTED AND RECEIVED BY THE NAMED CUSTOMER SUBJECT TO THE TERMS AND CONDITIONS OF THE VEHICLE LEASE AND SERVICE AGREEMENT WHICH VEHICLE THE UNDERSIGNED ACKNOWLEDGES FOR HIMSELF AND THE NAMED CUSTOMER HE RECEIVED IN GOOD CONDITION AND EQUIPPED AS DESCRIBED ABOVE. DATE LICENSE NO. SERIAL NO. MILEAGE DRIVER CLD 200 e IC're% RA =In Af.I#PUf1W1 Cr%elftA=NT