Item C19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 1/15/03
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of lease extension agreement with Greyhound Lines, Inc. for rental space at the
Key West International Airport.
ITEM BACKGROUND: Extension agreement is for a term of five years, commencing 5/2/03, expiring 5/1/08, and
increases rent and utility charges.
PREVIOUS RELEVANT BOCC ACTION. Approval of current lease agreement, 5/13/98.
CONTRACT/AGREEMENT CHANGES: New agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
BUDGETED: N/A
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: $39,744.40 + utility costs
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
KEY WEST AIRPORT DIRECTOR APPROVAL
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
~0~
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Greyhound Lines, Inc.
Effective Date: 5/2/03
Expiration Date: 5/1/08
Contract Purpose/Description: Lease Extension Agreement
Contract Manager: Bevette Moore
(name)
# 5195
(Ext. )
Airports - Stop # 5
(DepartmenUCourier Stop)
for BOCC meeting on: 1/15/03
Agenda Deadline: 12/31/02
CONTRACT COSTS
I Total Dollar Value of Contract: Revenue Producing
Budgeted? NIA
Grant: NIA
County Match: NIA
Estimated Ongoing Costs: NIA
(not included in dollar value above)
Current Year Portion: NIA
Account Codes: 404-344101
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
( )~
( ) (/
( ) (~'
( ) ( )
Reviewer
Date Out
Airport Manager
11-/30 I 0 'Z...
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-y-V\ . \J'P~ter Hprton
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u '/;. .Maria/Sla)f~ 1
"~. ,L) Ic..f!.-fC (J 1.~?a~t:!JtL-.
/-:) Sheila ~ker
r Jc "j" IAl 0/, e..
Rob Wolfe
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Risk Management
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O.M.B.lPurchasing
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/- r ~"Cc'Y L. o-!--
County Attorney
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Comments:
LEASE EXTENSION AGREEMENT
Key West International Airport
Greyhound Lines, Inc.
THIS LEASE EXTENSION agreement is entered into by and between Monroe County, a
political subdivision of the State of Florida, hereafter Lessor, and GREYHOUND LINES, INC., a
Delaware corporation, hereafter Lessee.
/
WHEREAS, on the 13th day of May, 1998, the parties entered into a lease at the Key
West International Airport, hereafter original lease. A copy of the original lease is attached to
this extension agreement and made a part of it; and
WHEREAS, the original agreement term ends on May 1, 2003 but the parties desire
to extend the original agreement term by five years; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. Paragraph 1.3 of the original agreement is amended to read:
1.3 Term. This Lease is for a term of five (5) years, commencing on
May 2, 2003 and expiring on May 1, 2008.
2. Paragraph 1.5 is amended to read:
1.5 Base Rent. $39,744.40 per annum, payable in advance on or before the first
day of each month in the amount of $3,312.03, plus 7.5% applicable sales tax.
3. Paragraph 11 is amended to read:
11. Utilities. Tenant shall pay directly to Lessor, monthly the sum of $357.64 for
electricity, water and sewer, also the sun of $166.09 per month for trash and
recycling, and directly to the provider for any other separately metered utilities
servicing the Premises.
4. Except as set forth in paragraphs one, two and three of this lease extension
agreement in all other respects the terms and conditions of the original agreement remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of
,2003.
(SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
/
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
(SEAL)
Attest:
& COO
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~t(. .. 11 E0
jdairGreyhoundX
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Mr/D1-
APPROVED AS TO FORM
B:~~
ROBERT N.J?OLFf
DATE./2 -0 -C)0
STANDARD COMMERCIAL MULTJ-TENANT LEASE
1. Basic Provisions
1.1 Panies: This Lease ("Lease"), dated for reference purposes only, May 81998, is made by and between County 0.1
M....... (" Landlord"), and Greyhound Un.., loe., a Delaw<lre corporation ("Tenant"), (collectively !he "Panics", or individUally I
"Party"). :
1.2 (a) Premises: Landlord owns that cenain building (the "Building") cammanly known by the street address of 3491 Sauth
Roosevelt Blvd., Adam Arnold Annex Building, City of Key West, located in the County of Monroe, and the State of Florida. The
demised Premises includes a ponio.n of the Building, consisting of 1,340 square feet af floor space, including all improvements therein
or to be provided by Landlord under the terms of this Lease, and as more panicularly described on Exhibit "A" attached hereto (the
"Premises"). (See also Paragraph 2 for funher provisions.)
1.2 (b) Parking: Tenant is hereby granted the exclusive use of two (2) reserved vehicle parking spaces ("Reserved Parking
Spaces"). (Also. see Paragraph 2.4.)
1.3 Term: Five (5) years ("Original Term") commencing May I, 1998 ("Cal1lmencement Date") and ending May I,
2003 ("Expiration Date"). (See Paragraph 3 for funher provi.sions.)
1.4 Earlv Possession: April 20, 1998 ("Early Possession Date").
1.5 Base Rent: $25,585.80 per annum, payable in monthly installments of $2,132.15, plus any state sales tax attributable
to same ("Base Rent"), due and payable in advance on or before the first day of each manth cammencing on the later of the issuance of
a cenificate of OCcupancy or Tenant's commencement of business in the Premises. (See Paragraph 4 for further provisians.)
1.6 (a) Base Rent Paid Uoon Execution. $2,132.15.as Base Rent far the period af five (5) years.
1.6 (b) Tenant's Share of Cornman AreaOneratine: Exoenses: See Paragraph II entitled "Utilities".
1.7 Permiued Use: Operation of a bus terminal and the handling af passengers, baggage and package express. (See
Paragraph 6 far further provisions.)
1.8 Real Estate Brokers: The fallawing real estate brokers (calJeclively, the "Brakers") and brakerage relatianships exist
in this transaction and are consented to by the Parties (check box where applicable): None (See Paragraph 15 for further provisions.)
1. 9 Addenda. Attached hereto. are Exhibits .. A" and .. B", and an Addendum ar Addenda consisting af Paragraphs A
through D.
2. Premises.
2.1 Lelling. Landlord hereby leases to. Tenant, and Tenant hereby leases from Landlard, the Premises, for the lerm, al
Ole renlal, and upon all of the 'erms, coven"", and conditions set forth in Olis Lease. Unless otherwise provided herein, any statement
of square foatage set forth in this Lease, or that may have been used in calculating relllal, is an approximation which Landlord and
Tenan, agree is reasonable and the rental based Olereon is no; subjec, to revision wheOle' 0' no, the actual square footage is Illore or
less. In addition '0 Tenan,'s rights to use and occupy 'be Premises as hereinafter specified, Tenan, shall ha\'c the right 10 use, in
cammon with others, the Common Areas (as dcfined in Para~'raph 2.5 belaw) as hereinafter specified, but shaIl nat have any righls to.
the roof, exterior walls or ulililY raceways of the Building or 10 any other buildings in the Center. The Premises, the Building, Ihe
Common Areas, Ole land upon which !hey are located, along \ViOl all other buildings and improvements !hereon, are herein collectively
referred to as the "Center".
2.2 Condition. Landlord shall deliver the Premises to. Tenant with all leasehald improvements shawn on Exhibil "A"
substantially complete on the Comm~ncement Date, with th~. exception of minor punch list items. Said punch list items shall be
comple'ed al Landlord's sole COSI and expense within ten ~ays'~fter written nOlice from Tenanllo Landlord, In the event said punch lisl
items have not be corrected within !he ten day period afler receipI of notice from Tenant, Tenanl a' Tenan!'s oplion shall have the right
to Correct the punch list items and offset the cost incurred by Tenant against the next installments af Base Rentals due.
2.3 Compliance. Landlord represents and warrants to Tenant that the Premises complies with all applicable zoning
requirements, ordinances, regulations, and all applicable laws, affecting the Premises and/or required in Tenant's propased use of lhe
Pr"nises or Contmon Areas, including the Americans wiOI Disabililies Act (or other laws affecting handicapped aecess) and any
environmental impacI or lraffic studies or requirements.
2.4 Vehicle/Bus P<lrkint!. Tenam shall be emitled to. use the number af Reserved Parking Spaces specified in Paragraph
1.2 (ll) on (hose pari ions of Ihe Com man Arc<lS designmc51 from lime 10. lime by Landlord far such parking. In addilian, Tenan! shall
have 'he "elusive righ' 10 use park, embark and disembark p,ossengers, load and stage buses in thc areas designated on Exhibi'" A"
allached herela ("Bus Slip Spaccs").
(.1) Except for the Bus Slip Spaces, Tenan! shall nOl permil or allow any vehicles that belang to ar arc controlled
by Tenant or Tcrn....' em pi oyces, supplie", ship,""" COstumers, COnlrac.." or invi,ee, 10 be loadcd, unloaded, or parked in area,
ol!ler Ih;1/) Ihose dcsi.!!II:lI<.:d by I":I/)dlord for Stich .Icli"ilie;.
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(b) If Tenant permits or allows any of the prohibited activities described in this Paragraph 2.4, then LandJor
sl1a11 have' the right, wilhout notice, in addition to such other rights and remedies lhat it may have, to remove or tow away the veh:cl
involved and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord.
(c) Landlord shall at the Commencement Date of this Lease, provide the parking facilities required b:
Applicable Law.
2.5 Common Areas - Definition. The term "Common Areas" is defined as all areas and facilities Outside the Premise:
and wilbin lbe CXIerior bow1dary line of lbe Cenler and interior ulilil)' raceways wilbin the Premises thaI are provided and designated ~
the Landlord from lime 10 rime for the general, as designaled on Elthibit . A. nou-exclusive use of Landlord, Tenant and other lenan"
of the Conler and their respeelive employees, supplien, shippers, CUSIOmers, romractors and invilccs, including restrooms, parkin!
areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, and landscaped areas.
2.6 Common Areas - Tenant's Ril!hts. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees,
suppliers, shippers, contractors, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with
othen emiOed 10 such use, the Common Areas as they exisl from lime 10 lime, subject 10 any rights, powers, and priVileges reserved by
Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Center. Under
no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property,
temporarily or permanently, in the Common Areas. Any such storage shall be permitted only' by the prior written consent of Landlord
or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall OCcur then
Landlord shall have the right, without notice, in addition to such Other rights and remedies that it may have, to remove the property and
charge the cost to Tenant, which cost shall be immediately payable Upon demand by Landlord.
2.7 Common Areas - Rules and Rel!ulations. Landlord Or such other person(s) as Landlord may appoint shall have the
exclusive Control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and
enforce reasonable Rules and Regulations with respect thereto in accordance with Paragraph 2.8. Tt:nant agrees to abide and conform
to all such Rules and Regulations, and to cause its employees, agents, suppliers, shippers, and comractors to so abide and conform.
Landlord shall use reasonable efforts to ensure-compliance with said rules and regulations by other Tenants of the Center.
2.8 Common Area- Chanl!es. Landlord shall have the right, in LlIldlord's reasonable discretion and taking into accoum
the nature of Tenant's business, from time to time:
(a) To make changes to the Common Areas, including, without limitation, changes in the location, size shape
and number of driveways, entrances, parking spaces, parking areas, loading and unloading, ingress, egress, direction of traffic,
landscaped areas, walkways and utility raceways;
(b) To close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to
[he Premises remains available;
(c) To designate other land outside the boundaries of the Center to be a pan of the Common Areas;
(d) To add additional buildings and improvements to the Common Areas;
(e) To use the Common Areas while engaged in making additional improvements, repairs or alterations to the
Center, or any portion thereof; and
(f) To do and perform such other acts and make such other changes in, to or with respect to the Common Areas
and Center as Landlord may, in the exercise of sound business jUdgmem, deem to be appropriate.
2.9 Common Areas - Operational Hours. Landlord shall ensure that all lights, air conditioning, heating and other utilities
required for use of Ole Common Areas are working during Tenant's normal business hours; provided, however, lights in parking
areas, if any, shall remain on for a period of one hour after the closing of the Center or Tenant's operations, whichever is later.
2.10 Common Areas - Maintenance. Tenant shall be responsible to clean and make ordinary repairs to the Common Area
restrooms, as designated on Exhibit" An, provided, howe,ver, .upon the lelling of any adjoining space, Landlord shall ensure that such
tenant shall be liable to and reimburse Tenant, on a pro-rate basis, for COSts and expenses of such cleaning and repairs.
3. llernl.
3.1 Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph
1.3.
3.2 Early Possession. If Tenant totally or panially occupies the Premises prior to the Commencement Date, the
obligation to pay B,lse Rent and other payment obligations hereunder shall be abated for the period of such early possession. All other
terms of this Lease, however, shall be in effect during such period. Any such early possession shall not affect nor advance the
Expiration Date of the Original Term.
3.3 Dc/ay in Possession. If for any reason Landlord cannOl deliver possession of the Premises to Tenant as agreed herein
by Ii.e Commen',men, Dale, Landlord shall nOI be subjec, 10 any li,bili,)' Iherefo, nm shall such f"ilure a(f,'C, Ihe validil)' of 'hi,
Lease, or Ihe Obligations of Tenan, bereunder, or extend Ihc term bereof, bUI in such case, Ten,,", shall no" excep' as mherwi"
provided herein, be obligilted to pay ren! or perform any other oblig;tllon of Tenant under lhe lerlllS of this Lease until Landlord
delive" I''''",ioo 0' II" I'n.mi"" 10 Temml. If ,"ssessioo of Ibe Premi"" i.' "''' deliv""d 10 Tem"" wilbm Iif,,'Ct. (15; d"y' '''ICt II"
C()1Il1!!ellcO:lIIl~1I1 /);110'. "lCII:1I1I III;IY. ;:1 ils (Jillion, b)'llfJlicl' ill \','Ji,iJ},!' Itl L;:l!dllllll Wlllli)J I(:ll (IOj (by:; llll'/Llner, C;I/Icc! Ihis LC;SSt'. III
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whiclr,'ewn,t the Panies shall be discharged from all obligations hereunder. Except as may be otherwise provided, and regardless of
when the term actually commences, if possession is not tendered to Tenant when required by this Lease and Tenant does not terminate
this Lease, as aforesaid, the period free of the obligation to pay Base Rem, if any, that Tenant would otherwise have enjoyed shaii ru.:-.
from the date of delivery of possession and continue for a period equal to what Tenant would otherwise have enjoyed under the terms
hereof, but minus any days of delay caused by the acts, changes or omissions of Tenant.
: . 3.4 Extension. If the Lease is still in full force and effect, Tenant shall have one (I) successive five (5) year OPtion
eJl;tension provided Tenant is not, at the date of such election, in default hereunder of such a nature as would allow Landlord to
terminate the Lease, and further, provide written notice of the election of such option(s) shall be sem to Landlord not less than six (6)
months prior to the expiration of the then current Term (original or extended). If said option is duly exercised by Tenant, the Term of
this Lease shall be automatically extended for the period of the next ensuing option, without requirement of any further instrument,
~ all of !he same terms, provisions and conditions forth in Ibe Lease, except wilb respect tn rental payment which shall be governed
by the then current "Rates and Charges" scheduled used by the Landlord for other tenants in the airport area, as of the date of Tenant's
notice. In the event the aforesaid option(s) to eXlend or duly exercise, all references in the Lease to the term hereof, shall'be construed
to refer to the Original Term hereof, as extended, whether or not specific reference thereto is made in the Lease. Lease is subject to
. airport rates and charges, which must be exercised six (6) months before expiration date. LanQlord to give new rate and charges nine
(9) months before expiration date.
. 3.5 Termination. Lessor may give ninety (90) days terminal ion notice to Tenant after U. S. Government gives wrillen
notification to Lessor of the need to utilize Icased premises, by eithcr U. S. Immigration and Naturalization Services, U. S. Customs
Service, or U. S. Department of Agriculture, upon the easing of restrictions in Cuba.
4. Rcnt.
4.1 Base Rent. Tenant shall cause payment of Base Rent, as the same may be adjusted.from time to time, to be received
by Landlord in lawful money of the United States on or before the day on which it is due undcr the terms of this Lease. Base Rent and
all other rent and charges for any period during the term hereof which is for less than one (I) full calendar month shall be prorated
bascd upon thc actual number of days of thc calendar month involved. Payment of Base Rent and other charges shall be made to
Landlord at its address stated herein or to such other persons or at such other addresses as Landlord may from time to time designate in
writing to Tenant.
4.2 Common Area Onerating Exnenses. See Paragraph II entitle "Utilities".
5. Representations and W:lrranties. Landlord hereby represents and warrants to Tenanl that as of the Commencement Date:
(a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant thc
estate demised herein and to execute and perform all of the terms, provisions, Covenants and agreements provided in this Lease;
(b) to the best of its knowledge, there are no existing or proposed plans for the widening of any strects adjacent to
the Premises, or any urban renewal or other public projects affecting the Premises or which may impair Tenant's use and enjoyment of
the Premises;
. (c) to the best of its knowledge, there are no condemnation proceedings or eminent domain proceedings of any kind
rending, contemplated or threatened against the Premises;
. (d) to the best of its knowledge, there are no suits, judgments or notices from any governmental authority relating to
any violation of any health, pollution control, building, fire or zoning laws of any governmental authority with respect to thc Premises
and there is no litigation or proceeding pending or threatened against or affecting the Premises;
(e) to the best of its knowledge, there is no adverse fact relating to the physical, mechanical or structural condition of
die Premises or any portion dlereof which has not been ~cifically disclosed to Tenam;
(f) no commitments have been or will be made by Landlord to any governmental authority, utility company or other
organization relating to the Premises which would impose an obligation Upon Tenant to make any contributions of money or dedicalions
of property or to construct any improvements; and to the best of its knowledge, no governmental authority has imposed a requirement
that the owner or occupant of the Premises pay any special fees or incur any expenses or obligations in cOlUlection with the Premises;
(g) to the best of its knowledge, other than this Lease, there are no contracts, leases or agreements of any kind
whalsoever which affect Tcnant's righls under this Lease or the Premises,
6. Use.
6.1 Use. Tenant shall use and occupy the Premises only for the purposes set forth in Paragraph 1.6, or any othcr use
which is incidental thereto, and for .my other lawful purpose. Tcnant shall nOl Use or pcrmi( the use of the Premises in il manncr (hat
cremes waste or it nuis.lIlce, Landlord acknowlcdges thaI Temlllt's proposed usc of Ihc Premises for ils bus terminal operalions does nOI
conslilUte a nuis.lIlce. '...<lIldlord hereby agrees 10 nOI unreasonably withhold or (lel.IY its consent (() any wrinen requcsl by Tcna/ll,
TCJ/;II1I's assi.I!/I(;es or slIhlcn:uJ/s. and hy proSpc<;1 i VI' :ISslgnl:e.s and S1Ihlt"1I:I//IS of Ihe Tcnalll, ils assi!!llt,cS :lIld slIhit'n;!!lls. for a
IlItldili:::uillll (If said pCfllliul'd /l1lrpo:,l" fill' wlllch Ihl: Jlrcllli~;t:s III:!',' II'.' 1I\,.,j ell on:lIllJcd, so IlJlI)! :t:; I~:: sallle will lI"i 11!lp:1I1 the
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structural ,integrity of the improvements on the Premises, the mechanical or electrical systems therein, is not significantly mor
burdensome to the Premises and the Improvements thereon. and is otherwise permissible pursuant to this Paragraph 6. If Landlon
elects to withhold such consent, Landlord shall within five (5) business days give a written notification of same. which notice ~hal
include an explanation of Landlord's reasonable objections to the change in use.
6.2 Hazardous Substances.
(a) Landlord shall furnish Tenant with existing environmental repons, studies or audits concerning the Premises.
Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall no
assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees te
indemnify, defend and hold Tenant hannless from and against any and all loss, damage, liability and expense (including reasonabl(
attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardou5
Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. The
environmental repon, study or audit required in this Section must be provided to Tenant not later than thirty (30) days prior to the
Commencement Date.
(b) Landlord represents and warrants to Tenant thai the Premises does not contain any asbestos or Hazardous
Materials (as defined in herein below) and Landlord is not in viOlation of any federal, state or lo.callaw, ordinance or regulation relating
to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground
water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or
about the Premises any Hazardous Materials.
(c) The term "Hazardous Materials. as used herein shall include but not be limited to asbestos, flammable
explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or
related substance exposure to which is prohibited or regulated by any governmenta!' authority having jurisdiction over the Premises,
any substances defined as "hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act
42 U.S.c. *9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. ~1801, et seq.; Clean Air Act, 42 U.s.c.
~790I, et seq.; Toxic Substances Control Act, 15 U.S.c. ~2601, et seq.; Clean Water Act, 33 U.S.C. ~12S1, et seq; the laws,
regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the rcgulations
adoptcd in publication promulgated pursuant to any of such laws and ordinances. .
(d) Nothing herein shall prohibit Tenant from using minimal amounts of oil, solvents, or other substances which
may constitute Hazardous Materials in carrying out Tcnant's maintenance and repair obligations under this Agreement or in
conducting Tenant's business upon the Premises in accordance with the permiued uses, provided that such use is in compliance with
all applicable regulations and shall be subject to all of the other provisions of this Lease.
6.3 Tenant's Comnliance with Law. Except as otherwise provided in this Lease, Tenant, shall, at Tenant's sole cost and
expense, fully, diligently and in a timely malUler, comply with all "Applicable Law," which term is used in this Lease to include all
laws, rules, regulations, ordinances, directives, covenants, easements and reslrictions of record or permits relating to Tenant's use of
the Premises, now in effect or which may hereafter come into effeCt, and whether or not reflecting a change in policy from any
previously existing policy. Tenant shall, within twenty (20) days after receipt of Landlord's wrillen request, provide Landlord with
copies of all necessary documents and information, including, but nOl limited to permits, registrations, manifeSts, applications, reports
and certificates, evidencing Tenant's compliance with any Applicable Law, and shall promptly upon receipt, notify Landlord in writing
(with copies of any documellls involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to
or involving failure by Tenalll to comply with any Applicable Law. The nature of Tenant's business requires that a public pay phone be
provided for patrons. ,
6.4 lnl!ress and El!ress. Tenant shall hav, the, right of ingress and egress to and from the Premises and shall not be
restricted in the operation of its motor buses to and from the Premises. It is the intent of the parties hereto that Tenant's operation of a
bus terminal facility at the Premises shall not be unreasonably restricted in any manner. In the event any governmental body or agency
or public or quasi-legal authority shall, in Tenant's sole opinion, hinder, restrict, prevent, or prohibit Tenant's business, ingress or
egress, or physical or legal use of the Premises during the Term or any extension thereof, Tenant shall have the right to lerminate this
Lease Upon thirty (30) days wrillen notice to Landlord.
7. JHailltenancc and Repait's; Impr'o\'ements, Additions and Altcr"a(ions.
7./ Maintenance nnd Renairs. Tenanl shall make ordinnry interior rcpilirs and replace broken glass in the Premises.
Landlord shall maintain and promptly make all eXlerior rcpairs (including landscaping and snow removal), all repairs, replncelllents or
relro-filling or a pennanenl character (including, but .nol limiled to, components in the ail' conditioning, boiler <lIld heating systems,
HV AC system, spnnkl" sYSlem, gas lines, elewi",1 'md plumhin':Jl~~md ho' 'VOle, s)'''''''', inclnding heaters), and all /looes and
/lon, Slnfaces. d,ivew.y', I"'king 10", hus dock.s. wall. ,,,nl(indoding w.,,, li,IHnc"l ",und'H,nn. liJO'ings, Building Systen" (", h"em
defined) and Slruclund repairs. slIppor1 ~iyslel1ls. Sln~n!!lhcllill.!'.S. altcralions. n.T'HISIIIIClIIIIJ:;. or addilions necessitated bv rCWion or liIp:il' of
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Ii;'.. ':'cakncss or decay. iOSCCl infestation, or damage 10 or destruction of the Premi.... or to any pan thereof. or which may. at any ti'ne
be' required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. The "Buildinl
Systems" shall be construed as the building utility elements essential for Tenant's use and occupancy of the Premises including, but no
limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and al
trash removal,janitorial and elevator services and maintenance services related to the Premises. Tenant shall surrender the Premises in III
good order, repair and condition as the same were in the commencement of the Tenn, damage by fire and items covered by extendec
coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and
Landlord's failure to repair excepted.
7.2 Improvements. Additions and Alterations. Tenant, with Landlord's consent, which consent will not be unreasonably
withheld, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or
desirable, except for structural repairs and maintenance, which are the sole obligation of Landlord. Landlord shall, at its sole expense,
make any alterations, improvements or additions to the Premises (structural or non-structural) that may be required on account of any
existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required
solely by reason of the nature of Ten ant's business. Tenant shall pay, when due, all claims for labor or materials furnished to Tenant at or
for use in the Premises. Tenant shall not pernlit any mechanics' or materialmen's liens to be levied against the Premises for any labor or
material furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed on the Premises at
the direction of Tenant.
7.3 Ownership: Removal: Surrender: and Restoration
(a) Ownership. All alterations, additions and improvements to the Premises by Tenant shall be the property of and
owned by Tenant, but considered a part of the Premises. Unless otherwise provided herein, all Tenant made alterations, additions and
improvements shall, at the expiration or earlier termination of this Lease, become the property of Landlord and remain upon and be
surrendered by Tenant with the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and
furnishings, shall remain the property of Ten ant and may be removed by Tenant.
(b) Removal. Tenant, at its option, may remove such altcrations, improvemcnts, or additions made by it in, on or about
the Premises. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30)
days after the end of the Ternl shall automatically become the property of Landlord. Tenant shall repair any material damage to the
Premises caused by Tenant's removal of its personal property, trade fixtures, alterations, improvements, or additions, but Tenant shall have
no obligation to remove such items from the Premises at any time
(c) Surrender/Restoration. Tenant shall surrender the Premises by the end of the last day of the Lease term or any
earlier termination date, with all of the improvements, broom clean and in good operating order, condition and state of repair, ordinary
wear and tear excepted.
8. Insurance; Indemnity,
8.1 Public Liability.
(a) Tenant shall maintain, at its sole cost and expense, a comprehensive general liability policy protecting Tenant and
Landlord (as an additional insured) against claims for bodily injury, personal injury and property damage, based upon, involving or
arising out of the use, occupancy or maintenance of the Premises, including coverage of comractualliability as respects to this Lease,
providing a combined single limit of liability of not less than $1,500,000 per occurrence. Tenant shall furnish a certificate of insurance
evidencing the aforesaid coverage upon Landlord's written request. Landlord shall be an additional insured.
(b) Landlord shall maintain a comprehensive general liability policy against claims for bodily injury, personal injury
and property damage, based upon, involving or arising out of the use, OCCupancy or maimenance of the Common Areas, providing a
combined single limit of liability of not less than $I,~OO,09O per occurrence. Landlord shall furnish a certificate of insurance
evidencing the aforesaid coverage upon Tenant's written request.
8.2 ProoertX.
(a) Landlord shall maintain throughout the Term, at its sole cost and expense, a policy or policies of insurance,
against loss or damage to the Cemer, including the Premises, in the amount of the full replacement cost thereof, or the amount required
by any Lender, but in no event, more than is commercially reasonable, against any perils included within the classifications of fire,
vandalism, explosion, and malicious mischief.
(b) Tenant may, at its cost and expense, by separate policy or endorsement 10 a current policy, maintain insurance
coverage on all Tenant's personal property, trade lixlUres and Tenant-owned alterations in or on the Premises. The proceeds from any
such policy shall be used by Tenant for the replacement of personal properly and resloration of its trade fixtures .and Tenant-owned
alterations.
8.3 Indemnity. Except as otherwise agreed herein, and to the ex lent allowed by law, each party agrees to indemnitY and
save Ihe other pany harmless from any and all claims, demands, costs ;md expenses of every kind Whatsoever. including reasonablc
;1lI0Tlley's fees for the defense Ihereof, ;arising frol/l" the indell1nifyillp. "any's wroll1!.fuJ ael or llef!lil!ence in or ;:holJ! Ihe Premises In
l::ISC of any ,actioll O! I'rlln'l'(hnl' hrouglll .1)',;1111:;1 eilhel P;l/"I.\' lIy 11';t',O;1 (If .11;." Suc!! chill;', ;II'On notict' iH11l1 such P:lrly. lhe
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indemnifyi~g pany covenants to defend such action or proceeding by counsel reasonably satisfactory to the other parry, unless ~~lch
action or proceeding alleges the joining or concurring wrongful act or negligence of both panies, in which case bolll parties shall ,~t,2.'t
equally in the defense of such action or proceedings. Nothing contained herein waives any protection granted to Landlord U:K,:', :="
768.28 which applies to Florida Public Entities, a.k.a. Sovereign Immunity.
8.4 Waiver of Subrol!ation. Landlord and Tenant and all panies claiming under or thr~ugh them hereby mutually release
and discharge each other, and the officers, employees, agents, representatives, Customers and businc;ss visitors of Landlord or Tenant
from all claims, losses and liabilities arising from or caused by any injury to persons or propeny covered by third pany insuranc... even
if caused by the fault or negligence of a released pany, but only: (i) in the actual amount and tQ the extent that insurance proceeds are
received by the 'agreed pany from third party insurers, (ii) if this provision does nO! void or render invalid any insurance coverage Or
policy. (Hi) if consem to this waiver of subrogation by a third party insurer is given after a request has been made therefor (if required
under the terms of such policy in order not to void same) and/or an endorsement to the policy is 'obtained (if an endorsement can be
obtained at no additional cost), and (iv) applying, in the case of Tenant, to any amoums in excess of. the amount for which Tenant may
self-insure.
8.5 Self Insure Retention. Tenant represents to Landlord and Landlord acknowleqges that Tenant self-insures in the
ordinary course of its business. Notwithstanding any other provision contained herein to th.c comrary, the insurance obligations of
Tenant set forth in this Paragraph 8 may be satisfied by endorsements to existing excess/umbrella blanket policies written by companies
of recognized standing showing a self-insurance retention of not more than $1.5 million per Occurrence for automobile liability and
general liability insurance coverage; worker's compensation insurance coverage is subject to a $1.0 million deductible per occurrence
with a deductible of $100,000 per occurrence for property damage insurance coverage, to the extent required under this Lease.
9. Damage or Destruction. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord
shall repair and restore the Premises to a good tenantable condition. All rent shall wholly ab'!te in case the entire Premises is
untenantable, or shall abate pro rata for the ponion rendered untenantable in case a pan only is untenantable, until the Premises is
restored to a tenantable condition, Landlord shall commence and complcte all work required to be done under this Paragraph 9 with
reasonable promptness and diligence. In the event Landlord repairs or restorcs the Premises, theTem due undcr this Lease shall be
abated or reduced proportionately during any period which, by reason of such damage or destructi,oil, there is any interference with the
operation of the business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage
or destruction occurs, or if repair or restoration will and does require more than ninety (90) days iocomplete, Tenant may, at Tenant's
option, terminate this Lease by giving Landlord notice of Tenam's election to do so at any time prior to the commencement of the
repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction.
10. Real Proper1y Taxes.
10.1 Payment of Taxes, Landlord shall pay the Real Propeny Taxes, as defined ifi" Paragraph 10.2, applicable to the
Center, and except as otherwise provided in Paragraph 10.3, any such amounts shall be included in the calculation of Common Area
Operating Expenses in accordance with the provisions of Paragraph 4.2.
10.2 Real Propertv Tax Definition.. As used herein, the term "Real Property Taxes" shall include any form of real estate
tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial 'rental, tax, improvement bond or
bonds, levy or tax (other than inheritance, state sales taxes, personal income or estate taxes) imposed upon the Center by any authority
having the direct or indirect power to tax, including any city, state or federal government, or any:'school. agricultural, sanitary, fire,
street, drainage, or other improvement district thereof, levied against any legal or equitable interest of Lessor in the uCemer" or any
POrtion thereof, Landlord's right to rem or other income therefrom. and/or Landlord's business or leasing the premises, The term
"Real Property Taxes" shall also include any tax, fee, le~, a~essment or charge, or any increase therein, imposed by reason of events
occurring, or changes in Applicable Law taking effect, during the term of this Lease, including but not limited to a change in the
ownership of the Center or in the improvements thereon, the execution of this Lease, or any modification, amendment or transfer
thereof, and whether or not contemplated by the Parties. In calculating Real ProperlY Taxes for any calendar year, the Real Property
Taxes (or any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the
number of days which such calendar year and tax year have in common.
10.3 Additional Improvemems, Common Area Operating Expenses shall not include Real Property Taxes specified in the
tax assessor's records and work sheets as being caused by additional improvements placed upon the Cemer by other Tenams or by
Landlord for the exclusive enjoyment of such other Tenants, NOlwithstandin.!! P;Jragraph 10.1 hereof, Tenant shall, however, pay to
Landlord at the time Common Area Operating Expenses arc payable under P<:lragr<tph 4.2, the entirety of any increase in Real ProperlY
Taxes if assessed solely by reason of alterations, (rade .tixlures or utility installalioll!; placed upon the Premises by Tenant or at Tenant's
request.
10.4 loml Assessmcnl. If lhe Buildmg is not scp:lr:llcly ;Isscs\cd, Hc;d Propcrty T<txes allocated 10 the Building shall be an
cquitahle pfOjlO!lIOlI for lht" Real Properly Taxes !()f ;111 of the land alld JII1P1C!\"'/IIl'Il!S lJlcludecl within IIIf' lax p;lrcc! assessed, such
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proP9nion tQ be delermined by Landlord from the respeclive valualions assigned in the assessor's work sheets or such other information
as may be reasonably available. Landlord's reasonable delerminalion thereof"in good faith, shall be conclusive.
10.5 Tenant's Prooertv Taxes. Tenant shall pay prior to delinquency all taxes assessed against and levied upon Tp.nan!
owned alterations, trade fixtures, furnishings, equipment and all personal propeny of Tenant contained in the Premises or elsewhere.
When possible, Tenant shall cause its Tenant-owned aherations, trade fixtures, furnishings, equipment and all other pe~sonal property 10
be assessed and billed separately from the real property of Landlord. If any of Tenant's said personal property shall; be assessed with
Landl~d's real property, Tenant shall pay Landlord the taxes auributable to Tenant's property within twenty (20) day~ after receipt of a
wrinen statemen~ setting forth the taxes applicable to Tenanl's propeny.
11. Utilities. Tenant shall pay direclly to Landlord, monthly the sum of Three Hundred Thiny Two Dollars and Sixty Nine Cent
($332.69) for electricity, water and sewer, also the sum of One Hundred Fifty Four Dollars and Fifty Cents ($154.50) monthly for
trash and recycling, and directly to the provider for any other separately metered ulililies servicing the Premises.
12. Assignment and Subletting. Tenant shall have lhe righllo assign lhis Lease, or sublease all or a part of lhe Premises for any
inter-city bus lransportalion purpose, with the prior consent of Landlord, which consent shall nOl be unreasonably withheld to any
person or entity at any lime and from lime 10 lime. If Tenanl subleases all or a pan of the Prem'ises, Tenant agrees to remain primarily
liable for the payment of rent for the remaining term of lhis Lease. Tenant shall have lhe right 10 grant licenses and enter into with
contractual agreements with independent contraclors to operale Tenant's business without the prior consent of Landlord.
13. Default; Breach; ~emedies
13.1 Default The occurrence of any of the following events conslilules a malerial default of this Lease by Tenant:
(a) The failure by Tenanl to make any payment of rent or any other payment required to' bC. made by Tenant
hereunder, as and when due, where the failure continues for a period of lwenty (20) days after Tenant receives notice lhereof from
Landlord.
(b) The failure by Tenanl 10 observe or perform any of lhe covenants, conditions or provisions .of this Lease 10 be
observed or performed by Tenant, olher lhan lhose described in subparagraph (a) above, where lhe failure conti.nues for a period of
lhirty (30) days after Tenant receives nOlice lhereof from Landlord; provided, however, lhat if lhe nalure of Tenant's default is such
thaI more than lhiny (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenan[
commences such cure wilhin the lhiny (30) day period and lhereafter diligently completes lhe cure.
(c) The making by Tenant of any general assigrunem or general arrangement for lhe benefit of creditors; the filing by
Tenanl of a pelition to have Tenanl adjudged a bankrupl; lhe judicial declaralion of Tenant as bankrupt.
(d) The appointment of a lrustee or receiver 10 take possession of substantially all Tenant's assels located at the
Premises or of Tenanl's interest in lhis Lease, if possession is not restored to Tenanl wilhin lhirly (30) days.
(e) The altachment, execulion or olher judicial seizure of subSlantially all Tenant's assets located at lhe Premises or
of Tenant's interesl in lhis Lease, if lhe seizure is not discharged within lhirty (30) days.
13.2 Remedies upon Tenanl's Default. In lhe event of any such material default by Tenant, Landlord' may, after giving
notice as provided above, enter into lhe Premises, remove Tenant's propeny and take and hold possession of lhe Premises and expel
Tenant and pursue those remedies available 10 Landlord under the laws of the state in which the Premises is locat~d. Landlord shall
make reasonable efforts to relet the Premises or any part thereof in order to mitigate any damages resulting from Tenant's default.
13.3 Default bv Landlord. Landlord shall {lot ~~ in default unless Landlord fails 10 perform any, covenants, terms,
provisions, agreements or obligations required of it within a reasonable time, b~t in no event laler lhan thirty (30) d'ays after notice by
Tenant to Landlord; provided that if lhe nalure of Landlord's obligation is such lhat morc than lhirty (30) days are reasonably required
for performance, then Landlord shall not be in default if Landlord commences performance within the thiny (39) day period and
thereafter diligently completes performance.
13.4 Remedies upon Landlord's Default. If Landlord dcfaults in the performance of any of the obligations or conditions
required to be performed by Landlord under this Lease, Tenant may, after giving notice as provided above, cither cure the default and
deduct lhe cost lhereof from rem subsequcmly becoming due hereunder. or clect to tcrminate this Lease upon giving 30 days nOlice 10
Landlord of its intemion 10 do so. In th,ll evcnt, this Lc,lse shall lerll1l11ate upon lhe dale specified in the notice, ut11ess Landlord has
meanwhilc cured lhe default 10 the satisfaction of Tcnam - In Ihe C"CI1l Ihat any represcntations and warranties sct. forth in this Lease
(including bUI not limitcd 10 those SCI forth in Paragraph 5 herein) shall cease 10 be the case, and if Landlord shall have failed to
commencc 10 cure within sixty (60) d..ys after notice from Tenant ,lI1d Ihere,lfler diligemly complctcs the cure of the samc, then, exccpl
flS spccifjC<IIIy provided elsewhere in this Lease, Tenalll shall ha\"(' Ihe "ghl to Icnninalc Ihis Lcase IlJlOII notice 10 ulI1dlord. Ten:UlI
IIl;JY :Ibo purSlle l!losl: remedies ;1";liJ;Jhk 10 il IIllder'the laws of Ill!' =,l;::,' III whiclJ Ihe Prc/Jli~;e:; IS locale.!,
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14. Condemnation.
14.1 Total Takinl!. If all the Premises or a substantial ponion thereof is taken by condemnation or under the PO','1l" , :;f
eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease, at
Tenant's sole discretion, shall autom~ltically terminate as of the dale the condemning authority lakes title or possession, whichever
occursfust.
- 14.2 Panial Takinl!. If any other taking (of the Premiscs or otherwise) adversely and substantially affects Tenant's use,
access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease of the date the condemning
authority takes Possession. Tenant's election to terminate shall be made in writing within thiny (30) days after Landlord has given
Tenant written notice of the laking (or in the absence of such notice, wilhin fifteen (15) days after the condemning authority has laken
possession). If Tenant does not terminate this Lease in accordance with this Seclion 16, this Lease shall remain in full force and effect
as 10 the ponion of the Premises rcmaining, except that rent shall be reduced in Ihc proponion that the area taken diminishes the value
and use of thc Premises to Tenan!. In addition, Landlord, at its expense, shall promptly repair any damage to the Premises caused by
condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant.
14.3 Award. Any award or payment made upon condemnation of all or any pan pf the Premises shall be the propeny of
Landlord, whethe~award or payment is made as compensation for the taking of the fee or' as severance damages; provided Tenant
shall be entitled to the ponion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal
property, and additions, alterations and improvements made to the Premises by Tcnant, and for its loss of business or the leasehold
herein created or any other consequential or special damages, such as Tcnant's relocation and moving expenses.
14.4 Notification: Contest. Landlord shall give notice to Tenam within five (5) days after rcccipt of notification from any
condemning authority of its imemion to take all or a ponion of the Premises. Notwithstanding anything, expressed or implied, to the
contrary contained in this Lease, Tcnant, at its own expense, may in good faith COOlest any sucq award for loss of or damage to
Tenant's trade fixtures, removable pcrsonal propeny, and additions, alterations and improvemcnts made 10 thc Premises by Tenant, and
for its loss of busincss or the leasehold herein created or any other consequential or spccial damages, such as Tenant's rclocation and
moving expenses.
15. Broker's Fee.
15. I The Brokcrs named Paragraph 1.7 arc the procuring causes of this Leasc.
15.2 Upon execution of this Lease by both Panics, Landlord shall pay to said Brokers jointly, or in such scparate shares as
they may mutually dcsignatc in writing, a fec as set forth in a separatc wriuen agrccment bctween Landlord and said Brokers (or in the
event there is no separate wriuen agreemcnt betwcen Landlord and said Brokcrs, thc sum of $ N/A) for brokcragc scrvices rcndered by
said Brokers to Landlord in this transaction:-
15.3 Tenant and Landlord each rcprcsent and warrant to thc Other that it has had no dealings with any person, firm, broker or
finder (other than the Brokers, if any named in Paragraph 1.7) in conneclion with the negotiation of this Lease and/or the consummation
of the transaction contemplated hcreby, and that no broker or other person, firm or entity other than said named Brokers is emitled to
any commission or finder's fee in connection with said transaction. Tenanl and Landlord do each hereby agree to indemnify, protect,
defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed
broker, finder or other similar pan);. by reason of any dealings or actions of the indemnifying Pany, including any costs, expenses,
attorneys' fees reasonably incurred with respect thereto.
15.4 Landlord and Tenant hereby consem to and approve all agency relationships, including any dual agencies, indicated in
Paragraph 1.7.
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16. Tenancy Statement. ,
16. I Tenant (as "Responding Party") shall within twemy (20) days after written notice from the Landlord (the "Requesting
Pany") execute, acknowledge and deliver to the Requesting Party a slatement in writing substantialIy in the form of the then most
current "Tenancy Statemem" form published by the American Industrial Real Estate Association, plus such additional information,
confirmation and/or statemems as m3)i be rcasonably requested by the Requesting Pany.
16.2 If Landlord desires 10 finance, refinance, or sell the Premises, any pan thereof, or the building of which Ihe Premises
are a pan, Tenalll shall deliver 10 any pOlcllliallcnder or purchaser designaled by Landlord such financial statements of Tenam and such
Guaralllors as may be reasonably rcquired by such Icnder or purchaser, including bUI notlimi[cd 10 Tenant's financial statements for lhe
pasl three (3) years. All such financial SlmemelllS shall be rcceived by Landlord and such Iendcr or purchaser in confidence and shall
be used only for the purposes herein set forlh.
17. LmuIlOl"d's Uahilily. '111C (crm "l.;lI1dlord" ;IS used herein sh:dlmean Ihe owner or owners at Ihe lime in queslion of the fee
tille 10 11ll: Premises, or, if 11m IS :, suhlease, of Ihe Tcnanl"s illlcrcsl ill [he prior lease. In lht: C\'Clll of :1 Ir;Ulsfer of 1....lIIdlor<1's (ille or
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Deposit held by Landlord at the time of such transfer or assignment. Except as provided in Paragraph IS, upon such transfer 0
assignment and delivery of the Security Deposit, if any, the prior Landlord shall be relieved of all liability with respect to 1111
obligations and/or covenants under this Lease thereafter to be performed by the Landlord. Subject to the. foregoing, the oblig::::.:,!;:
and/or COvenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as hereinafter defmed.
Notwithstanding anything to the contrary, neither pany. shall be liable to the other pany for special, consequential, or indirect damages
including but ootlimited to, loss of profits. .
18. Severability. The invalidity of any proyisiori of this Lease, as determined by a coun of competent jurisdiction, shall in nc
way affect the vatidity of any other provision hereof.
19. Conditions Precedent. The rental and other monetary obligations of Tenant under this Lease shall not be effective unless and
until Tenant, exercising reasonable effons, procures a certificate of OCCupancy from the necessary govenunental authorities to operate
its business on the Premises. In the event Tenant is unable to procure the necessary permits to operate on the Premises by the
Commencement Date, Tenant may terminate this Lease upon written notice 10 Landlord.
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20. Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by
the Panies under this Lease.
21. Rent Defined. All monelary obligations of. Tenant to Landlord under the terms of this Lease are deemed to be ren!.
22. No Prior or Other Agreements. This Lease contains all agreements between the Parties with respect [0 any maner
mentioned herein, and no other prior or contemporaneous agreement or understanding shall be effectiye.
23. Notices.
23.1 All notices required or permined by this Lease shall be in writing and may be delivered in person (by hand or by
messenger or courier service) or may be sent by certified or registered mail or U.S. Postal Service Express Mail, with postage prcpaid,
or by a nationally recognized overnight courier (next day delivery), and shall by' deemed sufficiently given if served in a manner
specified in this Paragraph 23. The addresses nOled adjacent to a Party's signature on this Lease shall be that Pany's address for
delivery or mailing of notice purposes. Either Party may by written notice to the other spccify a different address for notice purposes,
except that Upon Tenant's taking possession of the Premises, the Premises shall constitutc Tenant's addrcss for the purpose of mailing
or delivering notices to Tenant. A copy of all notices required or permiucd to be given to Landlord hereunder shall be concurrently
transmittcd to such party or parties at such addresses as Landlord may from time [0 time hereafter designatc by wrillen notice {Q
Tenant.
23.2 Any notice sent by registered or certificd mail, return rcceipI requeSled, shall be deemed given On [he dale of deli\'ery
shown on the receipt card, or if no delivery date is shown, thc postmark thereon. Notices delivered by United States Express Mail or
overnight courier that guarantees next day delivery shall be deemed given twenty-four (24) hours aftcr delivery of the same 10 the
United States Postal Service or courier. If notice is'received on a Sunday or legal holiday, it shall be deemed received on thc next
business day. .
24. Waivers. No waiver by Landlord of the Default or Breach of any term, covenant or condition hereof by Tenant, shall be
deemed a waiver of any other term, covenant or condition hereof, or of any subsequent Default or Breach by Tenant of the same or of
any other teml, covenant or condition hereof. Landlofd'S'fo~nt to, or approval of, any act shall not be dcemed to render unnecessary
the obtaining of Landlord's consent to, or approval of, any subsequent or similar aCI by Tenant, or be construed as the basis of an
estoppel to enforce the provision or provisions of [his .Lease requiring such consent. Regardless of Landlord's knowledge of a Default
or Breach at the lime of accepting rem, the acceptanc~ of rent by Landlord shall not be a waiver of any preceding Default or Breach by
Tenant of any provision hereof, other than the failure of Tenant to pay the particular rem so accepted. Any payment given Landlord by
Tenant may be acceplcd by Landlord an account of moneys or damages due Landlord, nOlwithstanding any qualifying statements or
conditions made by Tenant in connection therewith, which such statements and/or conditions shall be of no force or effect whatsoever
unless specifically agreed 10 in writing by Landlord at or before the time of deposit of such payment.
25. Recording. Omitted.
26. Holdover. If Tenant rcmains in possession of the Premises after Ihe expiration or [crmination of this Leasc, and without the
execution of a ncw Lease, Tenanl shall be deemed 10 be OCcupying Ihe Premises CIS a ICn;lO! from month-to-month, subject 10 all of rhe
condilions. provisions and ohli1!:Ilions of this LC;Jse .insof:u as lhey ;Irc :IpplicClble 10 ;1 lIIolllh-Io-lIIomh len;lIIcy.
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27. Cumulative Remedies. No remedy Or election hereunder shall be deemed exclusive but shall, wherever possible, b
cumulative with all other remedies at law or in equity.
28. Covenants and Conditions. All provisions of this Lease to be observed or performed by Tenant are both covenants anI
conditions .
29. - Binding Effect; Choice of La,,,, This Lease shall be binding upon. the panies, their personal representatives, Successors anc
assigns and be governed by the laws of the State in which the Premises are located. Any litigation between the Panies heretc
concerning this Lease shall be initiated in the county in which the Premises are located.
30. Subordination; Attornment; Non-Disturbance. The fOllowing provisions of this Paragraph 30 shall be effective only in
the event the Center or Premises is conveyed to a third party,
30.1 Subordination. Tenant hereby agrees that, if requested by Landlord, Tenant shall subordinate its .interest in the
Premises to any first mortgage which hereafter may encumber the Premises, provided that (a) no such subordination shall impose any
additional legal or financial obligations upon Tenant, (b) no such subordination shall affect the provisions of this Lease and the rights of
Tenant hereunder regarding casualty losses, condemnation awards and insurance proceeds, and (c) the lender or mortgagee, Landlord
and Tenant enter into a separate Non-Disturbance and Attornment agreement in the form attached hereto as Exhibit "B".
30.2 Priority of Leasehold. Landlord represents and warrants to Tenant that the Premises is now and will, subject to the
foregoing non-disturbance and attornment provision, remain free and clear of all mortgages, deeds of trust, liens and encumbrances
which could adversely affect Tenant's leasehold estate;
30.3 Self-Executing. The agreements contained in this Paragraph 30 shall be effective, without the execution of any
further documents; provided, however, that, upon written request from Landlord or a Lender in c~nnection with a sale, financing or
refmancing of the Premises, Tenant and Landlord shall execute such further writings as may be reasonably required to separately
document any such subordinalion or non-subordination, attornment and/or non-disturbance agreemem as is provided for herein.
31. Attorney's Fees. If any Pany brings an action or proceeding to enforce the terms hereof declare rights hereunder, the
Prevailing Pany (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable allorney's fees.
Such fees may be awarded in the same suit or rccovered in a separatc suit, whether or not such action or proceeding is pursued to
decision or judgmem. The term, .. Prcvailing Party" shall include, without limitation, a Party who substamially obtains or defeats the
relief sought, as the case may be, whcther by compromise, settlement, jUdgment, or the abandonment by the other Pany of its claim or
dcfense. The attorney's fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully
reimburse all attorney's fees reasonably incurred.
32. Landlord's Access; Repair-s. Landlord and Landlord's agcnts shall havc thc right to enter the Premises at any time, in thc
case of an emergency, and otherwise at reasonablc times for thc purposc of showing the same to prospective purchasers, lenders, or
tenants, and making such alterations, repairs, improvemems or additions to the Prcmises or to the building of which they are a pan, as
Landlord may reasonably deem necessary, provided such activities shall not interferc with Tenant's operations. All such activitics of
Landlord shall be without abatcment of rent or liability to Lease.
33. Auctions. Tenant shall not conduct, nor permit to be conducted, either voluntarily or involuntarily, any auction upon the
Premises without first having obtained Landlord's prior wriuen consent. Notwithstanding anything to thc contrary in this Lease,
Landlord shall not be obligated to exercise any slandard of,reasonableness in determining whether to grant such consent.
34. Signs. Landlord shall, at its solc expense, prior to fifteen (15) days before the Commencement Date of this Lease, remove all
signs and identification from the Premises. Tenant may ercct with the consent of the Airport Director, which conscnt shall not be
unreasonably withheld, such signs on the exterior or interior of the Premises as Tcnant may deem desirable if the signs do not violate
the laws, rules, or regulations of the municipalily in which the Premises are situated.
35. Termination; Merger. Unless specifically stated otherwise in Wriling by Landlord, the voluntary or other surrender of this
Lease by Tenant, the lllulUaJ Icrminalion or cancel/;uion hereof, or a lermination hereby by Landlord for Brcach by Tenant, shall
automatically lerminate any sublc,lse or lesser CSIaI<: in the Premises; provided, howevcr, Landlord shall, in tll<: .evCI1l of any such
surrender, terminal ion or cClnccllalion, have lhe option to cOlllinue any onc or all of any existing subtenancies. L:lI1dlord's failure
within ten (10) days following any such eVCI1l 10 makc a wrillcn election to the COlllrary by wrillen notice to the holdcr of any such
lesser interesl, sh,dlconslillllc Landlord's efc('(;oj] 10 h;I\'c SlIch evel1l constitlJlc (hc (erminCllion of such intercsl.
30. CU/lS('Il(s.
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(~) Except for Paragraph 33 hereof (Auctions) or as otherwise provided herein, wherever in this Lease the consent of a Pan
is required to an act by or for the other Party, such consent shall not be unreaSonably withheld or delayed.
(b) All conditions to Landlord's consent authorized by this Lease are acknowledged by Tenant. as being reasonable. Th
failure to specify herein any particular condition to Landlord's consent shall not preclude the imposition by Landlord al the time 0
consent of such further or other conditions as are then reasonable with reference to the panicular matter for which consent is beinJ
given.
37. Quiet Possession. Landlord covenants and agrees that so long as Tenanl observes and performs all of the agreements ane
covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without an)
encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning
envirorunental impact edict, or other action of any public or quasi-public agency or governmental authority, this Lease, at the sole
option of Tenanl, shall terminate as of the effective date of such action and the rent applying to the unexpired ponion of the Term will
abate. ,
38. Options. /
38.1 Definition. As used in this Paragraph 38 the word "Option" has the following meaning: (a) the right 10 eXlend the
term of this Lease or to renew this Lease or to extend or renew any lease that Tenant has on other property of Landlord: (b) Ihe right of
first refusal to lease the Premises or the right of first offer to lease the Premises or the right of first refusal to lease other property of
Landlord or the right of first offer to Icase other property of Landlord: (c) the right to purchase the Premises, or the right of first refusal
to purchase the Premises, or tlle right of first offer to purchase the Premiscs, or the right to purchase other property of Landlord, or the
righl of first refusal to purchase otller property of Landlord, or the right of first offcr to purchase other property of Landlord.
38.2 Multiple OPtions. In the event that Tenant has an Multiple Oplions to extend O[ renew this Lease, a later Option
cannot be exercised unless the prior Options 10 ex lend or renew this Lease have been validly exercised, or the exercise of same was
waived by mUlual agreement of Landlord and Tenant.
38.3 OPtions. Landlord has granted 10 Tenant, in addilion 10 any right to extend tllis Lease under Paragraph 3.4. if any,
lhe following described oplion: None
39. Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party
to the olher under the provisions hercof, tlle Pany against whom the obligation to pay the money is asserted shall have the righl 10 make
payment "under prolest" and such payment shall nOI be regarded as a voluntary payment and thcre shall survive the right on the part of
said Party to institute suit for recovery or such sum. If it shall be adjudged that thcre was no legal obligation on tlle part of said party 10
pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much tllereof as il was not legally required 'to
pay under the provisions of this Lease.
40. Authority. If either pany hereto is a corporation, trust, or general or limited partnership, each individual execuling this Lease
on behalf of such entily represents and warrants that he or she is duly authorizcd 10 execute and deliver this Lease on its behalf. If is a
Corporation, lrUSI or partnership, Tenant shall, wilhin thirty (30) days after rcquest by Landlord, deliver to Landlord evidence
satisfactory to Landlord of such authority.
41. Connict. Any conflict between tlle printed provisions of this Lease and the typewriHen or handwriHen provisions shall be
Controlled by the typewriuen or handwriuen provisions.
\ \,
42. Offer. Preparation of this Lease by Landlord or Landlord's agent and submission of same to Tenant shall not be deemed an
offer to lease to Tenant. This Lease is not intended to be binding until executed by all Parties hereto.
43. Amendments. This Lease may be modified only in writing, signed by the Parties in interest at tlle time of the modification.
44. Multiple Parties. Except as otherwise expressly provided herein, if more than one person or entily is namcd herein as either
Landlord or Tenant, lhe obligations of such Multiple Parties shall be the joil1l and several responsibility of all persons or elllitics named
herein as such L1ndlord or Tenant.
LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND
PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THE LEASE SHOW THEIR INFORMED AND
VOLUNTAI~Y CONSENT THERETO.
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~e panics' hereto have executed this Lease at the place on the dates specified,above to their respective signatures.
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Executed at Dallas, Texas
on . J~ ,~
19 q ~
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by LANDLORD:
by TENANT:
Greyhound Lines, Inc., a Delaware corporation
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Printed: -J A lk... J- () {..JDO N
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Title:
President, COO
Address s- / f--f)
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Address: Greyhound Lines. Inc.
P. O. 660362
Dallas, TX 75266-0362
Tel. No. (214) 849-8533
Fax No. (214) 849-6966
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ATTEST: DANNY L. KOLHAGE, QERK \ \.
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ADDENDUM
Notwithsranding any other provisions contained in.the Lease, the following provisions are incorporated in the Lease as if set fom
therein allengtb:
A. The Tenant for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby COVenant and agree that (I) no person on the grounds of race, color, or national origin shall be excluded from participation
in, denied !he benefits of, or be otherwise suhjected 10 discrimination in the use of said facilities, (2) ""I in the ennslruelion of any
improvements on, over or under such land and the furnishing or services thereon, no person on the grounds of race, color, or
national origin shall be excluded from panicipation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that
the Tenant shall use the premises in compliance with aU other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Depanment of Transportation, Subtitle A, Office of the Secretary, Pan 21. Nondiscrimination in Federally-assisted
programs of the Depanment of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations
may be amended. /
1bat in the event of breach of any of the above non-discrimination covenants, Airpon Owner shall have the right to terminate the
lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights.
B. It shall be a condition of this lease, that the Landlord reserves unto itself, its successors and assigns, for the use and benefit of the
public, a right of flight for the passage of aircraft in the airspace above the surface of the r~al property hereinafter described,
together with the right to cause in said airspace such noise as may be inherem in the operation of aircraft, now known or hereafter
used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the
airporl.
That the Tenant expressly agrees for itself, its ~uccessors and assigns, to restrict Ule height of structures, objects of natural growUl
and other obstructions on the hereinafter described real properly to such a height so as to comply with Federal Aviation
Regulations, Part 77.
That the Tenanl expressly agrees for ilSe/f, its succeSSOrs and assigns, 10 preYent any use of Ule hereinaner described real property
which would imerfere with or adversely affect the operation or maimenance of the airport, or otherwise constitute an airporJ
hazard.
C. TIlis lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under
which the Airport Owner acquired the subject properly from the United States of America and shall be given only such effcct as
will not conflict or be inconsistent with the terms and conditions Contained in thc leasc of said lands form thc Airport Owner, and
any existing or subsequent amendmems thereto, are subject to any ordinances, rules or regulations which havc bcen, or may
hereafter be adopted by thc Airporl Owner penaining to the KWIA Airport.
D. Nnlwithstanding anything herein contained thaI may be, or appear to he, to Ihe COntrary, it is expressly understood and agreed that
the rights granted under this agreemcnt are non-exclt1Sive\and the Landlord hcrcin rcserves thc right to grant similar privilcgcs to
another tenant or other tenant's on other parts of the airporl.
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EXHIBIT "B"
" to that certain Lease Agreement by and between
Greyhound Lines, Inc., as Tenant Dated
, 1997
, as Landlord and
Non-Disturbance and Attornment A~reCment
lbis Non-Disturbance and Attornment Agreement ("Agreement") is made, and entered into to be effective as of
19_, by, between among
("Mongagee"),
and Greyhound Lines, Inc., a Delaware corporation ("Tenant").
("Landlord"),
WHEREAS, Mongagee is the owner and holder of that cenain promissory note dated , 19 in the
original principal sum of Dollars ($ ),
executed by Landlord and payable to the order of Mongagee (the "Note"), secured by a Mortgage/Deed of Trust of even-date therewith
(the "Mongage");
",
WHEREAS, the Mongage constitutes a lien or encumbrance on that certain real property more panicularly described in Exhibit "A"
attached hereby and incorporated herein;
WHEREAS, Tenant is the holder of a leasehold estate covering a POrtion of the Property" (the "Demised Premises") as set forth in that
certain lease between Landlord and Tenant dated , 19 (the "Lease");
WHEREAS, Tenant, Landlord and Mongagee desire to confirm their understanding of their respective rights with respect to the Lease
and the liens created by the Mortgage;
WHEREAS, as consideration for Landlord and Tcitant entcring into the Lease and the benefit to the Mortgagec arising from the value
of the Leasc, the panics desire to enter this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable
consideration, the receipt and sufficiencics of which are hereby acknowledged, and in ordcr to induce Mongagee to consent to the
Lease, Landlord, Tenant and Mortgagee hereby and covenant as follows:
Non-Disturbance. Provided Tenant is not in default (beyond any pcriod providcd to Tenant in the Leasc to curc and rcmedy such
default) in the payment of rem or the performancc of any of the terms, covenants or c~nditions of the Lease on Tenant's part to be
performed, Tcnant's possession and occupancy of the Dcmised Prcmises shall not be imcrfered with or disturbed by Mortgagee during
the term of the Lease or any extension, renewal or amendment thercof duly exerciscd ,by Tenant and Tenant shall, from and after
Mortgagee's acquisition of the interests of Landlord in the Propeny, have the same remedies against Mortgagee for thc brcach of the
Lease that Tenant would have had un~er the Leasc against Landlord if Mortgagee had not succeeded to such interests.
\ , "
Attornment. If the interests of Landlord in the Property are acquired by Mortgagee by foreclosure, deed-in-lieu of foreclosure,
judicial action or any other method, (a) Tenant agrees to attorn to Mortgagee as the landlord and Tenant shall be under all of the terms,
covenants, and conditions of the Lease for the balance of the term thereof remaining incl~ding any extension or renewal options which
arc exercised in accordance with the terms of the Lease; and (b) the interests so acquired shall not merge with any other interests of
Mongagee in the Property if such merger would result in the termination of the Lease.
General Provisions. The provisions of this Agrcement shall be effective and self-operativc immediately upon Mortgagee succceding to
the interests of Landlord without the execution of any other instrument.
TIlis Agrcement may not be modified ora1/y or in any other manner except by an instru~ent in writing signed by the partics hereto,
thcir respeclivc heirs, successors and assigns. Upon rccorded satisfaction or release of the Mortgagc, this Agrecmcnt shall become null
and void and of no further cffec!.
K''''h'''~~ ......
:-
",' C,". .1,_.
IlIil i:!!s
IN, 'wrI'N;FSS WHEREOF, the panies hereto have executed this Agreement as of the day and year first above written.
,
Landlord:
By:
Its:
Landlord Notarization:
STATE OF
COUNTY OF
"
On this day of , 19_, personally appeared known 10 me to be the
person whose name is subscribed to the foregoing inslrument and acknowledged to me thaI said person executed same for the purposes
therein stated. ,
Notary Public
My Commission Expires:
Mortgagee:
By:
Its:
Mortgagee Notarization:
STATE OF
COUNTY OF
On this day of , 19_, personally appeared known to me to be Ihe
person whose name is subscribed 10 the foregoing inslrument and acknowledged 10 me Ihal said person execuled same for Ihe purposes
Iherein stated.
NOlary Public
My Commission Expires:
Tenant: GREYHOUND LINEs, INC, ,~
By:
\ "Its:
Tenant Notarization:
STATE OF
COUNTY OF
On this day of , 19_, personally appeared known to me 10 be the
person whose name is subscribed 10 the foregoing instrument and acknowledged 10 me that said person 'executed same for the purposes
therein staled.
Notary Public
My Commission Expires:
.-
'-'. ..
.'~~~~~::_'~:'~]:~;_~~~;~~;ti~~. -
_I ro.
Im::;:.:;__
e GreyhoUnd Unes, Inc.
VENDOR INFORMATION SHEET
(MUST BE FillED OUT COMPLETELy)
COMPANY NAME: K'ej {Ale sf INT{1..twA T/oN'.A L A J n-Pa IL-T
REMITTANCE ADDRESS: 3lf 9 I S. 02. 0 0 oS ~ V..e LT J3 ~v/-e.,(/A /LJ
(MAILING) , "
CITY: /(.~'I We, S'T
STATE:Aolt.l41. ZIP CODE: '3:3 ol/ 0
(Nine Numeric Digits)
PHONE NUMBER:(3 0-5 ) a. 'l'.B--- "3 5 I 8 13 O?j ILJ o.p C 0 l/ AI r y
FAX NUMBER: (3o.s- ) '()..?:~ :9 S 7 8 CD Ivt Ail S S I 0 JJ0fLS _
-
SS# I FEDERAL TIN #: :s .:J...k E..Q.Q:L!:L:l TAXPAYER NAME: fY) 0 AI fL 0 e. C OU N T Y
(Nine Numeric Digits) F X eM PT As Reported to the IRS
-'
Greyhound's standam payment terms are NET 45 DA YS
1. Contact:
SKeIJy
LAST NAME
AnT
FIRST NAME
2. Corporalion !Individual Proprietorship I Partnership IClRa.E ONE) _ C OU AI T Y rp c F' /1 It. -r.14 e. AI T
2a. If individual or individual propHetorship, include owners name and SS# above.
3. Manufacturer I Distributor I Services (CIRCLE ONE) - lq J./J I 0 t\..J
4. Product or Services Offered:- 0 P.fUtI.A TI OM A L g PAc e
.
. 5. Minority Firm: (Circle One) _ Not Applicable
\ "
Woman
African American Native American Asian America
VENDOR . (j3
Completed Ba e..lla..-rfe.,- M aofL€....- ..Q~~;t{ ~
PRINT NAME SIGNA TURE
. Hispanic'Latin Other
GREYHOUND LINES, INC.
Requested By:
PRINT NAME
'I/'1lcre
DATE
LOCATION:
PRINT
PHONE #:
Fax Completed Forms to: GREYHOUND LINES. INC.
"D,~y-O+-~. (~-e.vd 5
Rev 06/97 .. 7\
FAX (214) 849 _~
G?1""
;
---
F.om.>W ~9
(R.... o-n.-1996)
Request for Taxpayer
Identification Number and Certification
. Give form to the
requater. Do NOT
.end to the IRS.
thg............... T~
-"----
~a joint ~ Of "'" ~ ~...... _ $pecIftc InItructiona on paoe 2.)
! ~ do" ^-d 0 COUN- COM M (~SIOIVQ.../LS-
1:- euun.. _.If dlftennt tram --. (See Speclftc a on ~ 2.) ,
is eWe ~ ;r: IV/Q./W IOJ,) A L A IlL oil-I
.€ a.ct~ bax: 0 ftcIvIdualISale PI'OPrietot 0 Corpcnlion 0 ~
~ Addr-. (numb<<. ...... ~ Of d. no.)
: -St.I?/ S. Icoo.S'e..va.l.
Ii: ar:. &tale. and ZIP code
~'Q.. t.U Q sT . 0 ~,JII "3 3' oc. 0
!P~t:: Taxpayer identification Number (TIN) 6" 9 6 00 0
Entef your TIN In !he lIppnlpC'iIte box. For
lndMdu./s. this Is your SOdaI aec:urfly number
(SSN). However. "YOU ... a hlIldent alien OR a
sole pnlprietor, Me the Instruc:tians on page 2.
For cCtw entllles.1t Is )'OUr ~
Idenanc::Iaon runber (EIN). 1f)'aU do not have a
number, Me How To Get . TIN on plIpe 2.
Note: "th. 8C'COunt is In more then Me ne",.,
... the chert on petIf 21Dr f}Uk>>ines on wtIou
numb.r to enter.
Certification
. Under. Penall.ies of peIjury. I oerttty that
1. The nunber Ihown on this form is my CXlmlCt tIucpayer IdenIffic:auon number (or I em walling for . ~ 10 be Iaued 10 me), and
2. I am not 5Ubjec:t 10 bacItup WfthhoIdlng because: (a) I am 8laIlmpt from backup W!thholdlng. or (bj I haw not been notItIed tri the Internal RIlY8nUe SeMce
(IRS) It\lIlI am subject 10 badcup vdthhoIdng as a AlSUlI of · fallure to report WI kterest or dMdends, or (C) theiRS hac noClfted me an.t I am no longer
5Ubfect 10 badwp wIlhhoIding.
"""--- you_"""'....... .-.,..._.... -by'" IRS ...,.... __..__
-,........ ...................... "'" -... ""'''''-'' F.._ -. _.............. _. ""_....... """.
lCq\JisltIon or atlandonrnen of sec:u~ property, canoeIatk.n of debt, contributions 10 WI indMcaaI hlti._.-t arranoement (IRA), and oeneraIIy, payments
otIler than Interest and dvIdends. you .-e not ~ to sign the CertIllcatIon. but you must pnMde)'OUr correct TIN. (See the Instructions on page 2.)
I t1 1"- d
B.tI
1 Sod.I aecur1ty number
Usa IlClCount number(a) ...... (optional)
1
/
OR
I Enlploye( Identlnc:atlon nurn_
J
t~rt:tlg For Payees Exempt From &ckup
Wlthhokflng (See !he Instructions
on page 2.)
~
SIgn
Here
SIgn.nure ~ .Q..v.effi, I~ cn7Vl-
Purpoae of Fonn. - A person Who is nlqulrecf to
file an Information return With the IRS must get
)'OUr c;om,a laxpIyer Identl1lcation number (TIN)
to report, for example, Inoome paid to you, ...
estate tIansactions. mortoaoe Irterest you paid,
lI<X!uisitlon or abandonment of sec:uf'Id property,
cancellation of debt, or conIributions you made 10
an IRA.
lJ$e Form W-9 10 give your CClO"8Ct TIN 10 the
person f'eqUestJng It (the requeste(") end, when
applicable, to;
1. Certltythe TIN you are giving Is correc1 (or
you are waiting fOf a number to be Issued),
2. Cectity you an! not subject 10 backup
Withnolding. or
3. Claim exemption from backup withholding it
you are an exempt payoee.
Note: If e requesterrlves you a form Olherthlln II
W-9 to request your nN. you must us/! the
I&quester's form if It Is substantJaly slmiar to this
Form W-9.
Wh1l1'5 EHd:up Withholding? _ Persons
ma"Jng certain payments 10 you mus! withhold
llnd Pay 10 Ihe IRS 31 % of :such payments under
~", ';'''llrJlll()n~. T his is called -I""lCkup
Ii'J'!")luJ:':"j - "a.n><:t:ls lh,,1 "...y I...~ :.ubp..t 10
-----..-..
bacIcup Wilh.'lokitg Inc:lude Irterect. dividends,
IlrolcIlr and bcter IIlCChanoe lnIl ~, rents,
royaIUas, nonempioyee pay, Ind certain payInerts
from liahIng boll( ~ ft_ estate
lnInActions are not subject to ba<:/ql
v.ithhoIdIng.
If you give the reqtIester )'\Xlr correct TIN, make
the proper certftlcatlons, and report aD yocr
tu:abIe trteres( and ci't'idends on your lax return,
~)'aU ~ ~ not be subject 10
bac:lcup wIIhholdi1Q. PlI)1l1erQ )'aU ntoeive will be
subject 10 becIcup WIthholding If: .
1. You do not furnish your TIN to the requester,
or
2. The IRS Ie/Is the requester that you furnished
an Inoorrect TIN, or
J. The IRS tells you thai you are subtect 10
backup withholding becaUSe you did not report all
your interest and dividends on your tax ~um (fOf
reportable Interest and dividends only), Of
.c. You do ~ oerlity 10 the requester that you
are not subject to backup withholding under 3
above (for reportable interest and dividend
accounts opened after 1983 only). or
6. You do not certify your TIN \'\IfK:n required.
See t~ Part III instmc\ions fJrl ~g', 2 for details.
~e~ r /9/CJ tr'
Certain P8Y'lO$ and JM)'ment:a are exempt from
~ WIthholding. See the Part IIlnstruetions
and the &epIrII(e Inatructiona for the Requuter
of Form w...
Penarties
Failure To FumIah TIN. - 1f)'Oll fall to furnish
)"OUr CIClrl'1d TIN 10 . ntquecter, you ... sut;ed 10
a penalty of $50 for eecn aucfl fallur. unIea your
faiur. Is due to AlaOnabIe caUse and no( to wlllftA
negfec:t.
Civil Penalty for Falae Information With
Rupea to WIthholding. - If you make a false
statement With no reasonable baJs that results in
no backup withholding. you are subject 10 a S500
penalty.
Criminal Penalty for Faldtylng Information. _
Wrllfulry fa/sltylng cer1II'ications or amrmations
may subject you to criminal penalties including
finesandlorl~.
Misuse or TINs. - If the requester discloses or
uses TINs in \'ioIa1ion of Federal '-, the
requester may be subject 10 eMl and criminal
penar.~s
.....
~-..~~.. .:." ~-, -
'Sa
r
(~"'.u \'.'_9 (Bu..,.. 1~.~)
~) .
.. ACORD
.i _
~
Sedgwick of Texas, Inc.
500 North Akard, Suite 2200
Dallas, TX 75201.
CERTIFICATE OF LIABILITY,INSURANCE
DATE CllMlDo.
5/06/98
THIS CERTIFICATE IS ISSUED AS A MAmR OF INFORMAl
ONLY AND CONFERS NO RIG fiTS UPON THE CERTlFIC
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELl
L.. -.---.. COMPANIES AFfPROING COVERAGE
214/849-5000 ; COMPANY
A
lN$UREO
- .--..----.- .---..-----.-....----...
-. - ----------..-
Greyhound Lines, Inc., et al
Attn: Ray McQueen
15110 N. Dallas Parkway, #400
Dallas TX 75248
COMPANY
I B
,.. - -----
I COMPANY
, C
INSURANCE .c::qMP!\_~__9F N.
-
AMERIC~
'"'"----...--..-
COVERAGES /
TIts IS TO CERTIFY THAT THE POUclES Of INStJfw/cE USTEo BElow HAVE BEEN ISSUEO TO THE INSlIAEO _ED ABOVE FOR THE POUcv PERIOl
"""'"'TED. NOTWlTHSTAHDOlG ANY .............". TERM OR CONomOH OF ANY CDHTllAcT OR OTHER DOcUMENT WITH RESPECT TO WHIcH TH>
CER1IFIc:ATE MAY BE ISSUED OR MAY PERTAIN. THE MUIlANeE AFFOIlOEO BY THE POUCIES DEScIlBED HEREIN IS SUIlJECT TO AlL THE TERM'
EXCLUSIONS AND CONDmONS OF SUCH POUCIES. UM/TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.-- ..---.--. ....... --------T.-.-.-...-- -. ---'" --r--...-----r- , ...
I co ! POucYNUMB'"'R . POUCYEFFECTIVE jpOUCYEXPIRATIOH;
I TYPE OF INSURANCE .. '.
' '111 , , . .... ......... I ............. i
IA '................. JcSLG19326688 6/28/97 '6'/28/98 ._........... I. N/A
r:'"""""""_'-"""S3, 500,000 _~.~_~-=
[:r:- """"'..... KJ """",' E xc. s s 0 f _ . ADV "!JL'I!___ fL __.. if. .
OWNER"S&CONTRAcTOR"SPAOT' $1, 500, 000 -~~,a il *
---_.. ._--._-_..__..~ -----.-.----
".. _. . Self Insured .... """!;~ ~ ,..,..~ ,.~ __._ __;;().()()~
R e t e!!.! i '!."--.____ . _.___________. ."EO,,", ,...._ __ ; . ___._
f-"
" COMPANY
o
..---.--------- ~-
---------.
UMns
AUTOMOBILE LlABIUTY
ANY AUTO
AU. OWNeD AUTOS
SCHEDulED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
COMBINED SINGLE UMIT , I
BY
BOOfL Y INJURY I
(Per peraon)
BOOIt. Y INJURY : I
{Per accldenQ
... . .--..----------.
----
-----wa-wrn,
'U~"~-VF.S
PROPERTY DAMAGE : I
. GARAGE LlABIUTY
ANY AUTO
-----
--.- ..----
"-0.- ..____..____
A.l!'9.~'!'.:~ -!L-__ "
"2~"'T~AlJ!~~y: i
EACH ACCIDENT I I
"- --'."- --
AGQAEGATE I I
I
. EACH ClCCUAAENCE I I
--....- I
AGGREGATE I I
I I
. ~ WCSTATlJ. I IOF~1
. ... ICB'i.UMlIS_
EL EACH ACX:lOENT . I ___uu ...
:'~OOEASE.POlICY~ _.___ _....u
;;L DISEASE. EA EMPlOYEE I I
r-
. ~CESS UABIUTY
UM8AEU.A FOAM
. OTHER THAN UMBRElLA FORM
, WORKERS COMPENSATION AND
. EMPLOYERS' LlABIUTY
-------.---
()14. ~.l-U~.tv &~
-=-.-C1----li:=.____...oo ".__.._. _
: THE 1'ROPRIETOf\r
, PARlNERSlEXECUTl\IE
i OFFICERS ARE:
I ! OTHER
, I I.__
I DESCR/PTlON OF oPERA TlONSIlOCA TlONSNEHICLESlSPECIA1.ITEMS
.R.: Location at 3491 S. Roosevelt Blvd.. Adam Arnold Ann.. Bldg..
iK..y West, FL. See attached for addi tional insured informati on.
I .
"-, i
1__ i INCL ;
,-j I
: , EXCt. !
,
\
\,
------.
I--
CERTIFICATE HOLDER
--.----
Monroe County Board of County
Commissioners/Attn: B. Moore
"-~ub-lic SerVice Building
;~.?SJ_Oq .College Rd. Cro!sllli_~g 101
;:.W~. =. F4~ .339..40~~~;"..i:,\---:ri~':;::r _:~~"~'''....:.:;v';~:
CANCELLA TION
SHOUlD ANy OF THE ABOVE DESCRIBED POUCIO BE CANCELlED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUU/O COMPANY WILL ENDEAVOR TO tWl
~ DAYS WRITTEN NOTICE TO THE CERnf'ICATI! HOlDER NAMED TO THE lEFT,
BVI' 'AlUm! TO MAl&. aue.. NOTICE SHAlL IMPOSE NO 08UGATION OR UABIUlY
OF ANY "KIND UPOH THE COMPANY, rrs AGENTS OR REPRESENTATIVES.
AlITHoIazED flEI'RQOUAn- "