Item C26
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 4/19/00
4/20/00
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of renewal agreement with Budget Rent a Car Corporation for a concession at the
Marathon Airport.
ITEM BACKGROUND: The agreement is for the period of March 1, 2000 through February 28, 2005.
PREVIOUS RELEVANT BOCC ACTION: Approval of concession agreement, 12/20/95
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: $65,160.77 - FY 1999
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
AIRPORT DIRECTOR APPROVAL
7--r t-+
Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
'.CJU
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Budget Rent a Car Corporation
Effective Date: 3/1/2000
Expiration Date: 2/28/2005
Contract Purpose/Description: Rental Car concession at the Marathon Airport
Contract Manager: Bevette Moore
(name)
# 5195
(Ext.)
Airports - Stop # 5
(DepartmenUCourier Stop)
for BOCC meeting on: 4/19/00
Agenda Deadline: 4/5/00
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? N/A
Grant: N/A
County Match: N/A
Current Year Portion: N/A
Account Codes: 403-344101
Estimated Ongoing Costs: N/ A
(not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Yes No
Airports Director Atb-/~ ( ) (v(~
~a~nt o /2-.rr-/CD ( ) (~
O. . - .IPur sing .3 /~3 pO ( ) (vi)
County Attorney ~~- ( ) ( )
Comments: /~(- ( Z.- ',S), v ,) Ie!
,- ,t "t
Reviewer
Date Out
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LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION agreement is entered into by and between Monroe County,
a political subdivision of the State of Florida, hereafter Lessor, and BUDGET RENT A CAR
SYSTEMS, INC., a Florida corporation, hereafter Lessee or Concessionaire.
WHEREAS, on the 1 st day of March, 1995, the parties entered into a car rental lease
and concession at the Marathon 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 February 29, 2000 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 2 of the original agreement is amended to read:
2. Term. This Agreement is for a term of five (5) years,
commencing on March 1, 2000 and expiring on
February 28, 2005.
2. Paragraph 3d of the original agreement is amended to provide a
guaranteed minimum of $16,675.
3. Except as set forth in paragraphs one and two 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 the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor IChairperson
BUDGET RENT A CAR SYSTEMS, INC
Witnesses
By
Title
Peter H. Wemple
jairiiiextend
LEASE AND CONCESSION AGREEMENT
MARATHON AIRPORT
THIS CONTRACT OF LEASE is made and entered into on the c1~ ~ day of
.4k.. .
, 199.5 , by and between MONROE COUNTY. a political subdivision of the State
of Florida, hereinafter referred to as Lessor. and BUDGET RENT A CAR SYSTEMS. INC.. qualified to
do business in the State of Florida. hereinafter referred to as Lessee or Concessionaire;
WHEREAS. Lessor desires to grant to lessee a non-exclusive right to operate an
autamabile rental concession at and from the Marathon Airport at Marathon. Florida.
hereinafter referred to as Airport: and
WHEREAS. Lessor and lessee desire. in connection with said operations. to provide for
the leasing by lessor '0 lessee of certain space in and around the Airline T ermina! at the Airport
for the establishment of a Rental Car Concession to accommodate the lessee I s customers and
provide space for the temporary placement of rental ready vehicles and for other purposes in
connection with said operations. all as hereinafter more specifically provided:
NOW. THEREFORE, in consideration of the premises and of mutual covenants and
promises hereinafter contained. the parties ~ereto do hereby agree as follows:'
1. Premises - lessor hereby leases to lessee for its exclusive use as rental car office
space #101 located in the airline terminal at Marathon. Monroe County. Florida. said space
containing 247 square feet. and being designated "Auto Rental Office/Counter." as shown on
Exhibit A. attached hereto and made a part hereof; and in addition thereto. hereby provides
&'-Io~
~5q. ft. of car prep. area and fourteen (14) rental car ready spaces in the parking lot.
2. Term - This agreement is for a term of five (5) years. commencing March 1, 1995.
and expiring on February 29. 2000.
3. Rental and Fees - lessee. for and during the term hereof. shall pay to lessor for
the use ond OCCupancy of said Basic Premises and for the rights and priVileges herein granted
it at the following scheduled rates and fees:
(a) Counter Rental: Office/Counter space rental will be paid for at
the follow rates:
Marathon Airport - $20.00/sq. H./per annum + tax.
Counter/office rental space includes that space physically enclosed by the
counter. side partitions and backwall. This rate includes the operating and
maintenance expense directly related to the airline terminal cost center plus
allocated administrative cost plus return on investment. These rates. which are
currently equal to the airline rental rate for publicly exposed space. will be
adjusted yearly, The annual adjustment shall be made in accordance with
percentage change in the Consumer Price Index (CPI) for Wage Earners and
Clerical Workers in the Miami. Florida. area index. and shall be based upon the
annual average CPI computation from January 1 through December 21 of the
previous year.
(b) Car oreo, Area - 6402 sq. H. - .395/sq. H./per annum _ utilities to be
paid by Lessee. Lessor shall obtain any developm~nt permits. use permits and
occupational licenses necessary for the washing and other preparation. other
than mechanical repairs. of cars for rental.
..
(c) Fourteen (l41 Car Readv Soaces - Exhibit C _ no charge.
(d) Concession Fee: Guaranteed minimum annual concession
fee for each contract year of the five (5) year term of this concession
agreement shall be $25.000.00. The Lessee agrees to pay monthly ten (10)
percent of gross revenues for the previous month or one twelfth (1/12) the
guaranteed annual minimum. whichever is greater. In the event the total
amount paid during anyone year periOd under this method exceeds ten
percent of gross revenues or the annual minimum guarantee. whichever is
greater. for that one year period. an adjustment will be made to the first months
rent for the next subsequent periOd or. at the end of the fifth year.
reimbursement will be made within tliirty days.
A performance bond in the amount of $25.000 (twenty-five thousand dollars) shall be provided
to the Board of County Commissioners and shall be held in escrow as security to insure
conformance with the contract provisions. It is not the intent of the County to call the bond for
rental payments unless there is a violation of the contract.
4. Definition of Gross ReceiDts - As used herein. the term "gross receipts" shall mean
the total sum of money, from charges for net time. mileage. and personal accident insurance.
paid or payable. whether by cash or credit. (after any discount specifically shown on the car
rental Ogreement). by the customer to Concessionaire for or in connection with the use of
vehicle contracted for. delivered or rented to the customer at the Airport. regardless of where
2
the payment is made or where t.he vehicle is returned. The Concessionaire for the purpose of
its concession rentals shall report all income. both cash and credit. in its monthly gross receipts
statement,
5. Accountina Procedures - The Concessionaire shall keep records of all sales and
revenues, whether for cash or credit. whether collected or not from its operations in a manner
generally accepted as standard to the automobile rental industry located on Airports. Lessee
agrees to operate its business Upon the Airport so that a duplicate rental agreement invoice,
sp-rially pre-numbered. shall be issued for each sale or transaction whether for cash or credit.
Lessee further agrees that it will make available to Monroe County. a full and complete book
of accounts and other records required by the County to provide a true account of all
revenues pertaining to its operations under the provisions hereof. The County, acting through
its Finance Director or other authorized representative. shall have the right to inspect and audit
the Concessionaire's books of accounts and other records directly generated at the Marathon
Airport office or otherwise pertaining directly to this agreement. Knowingly furnishing the
County a false statement of its gross sales u~der the provision hereof will constitute a default by
the Concessionaire of this agreement and tne County may. at its option. declare this contract
terminafed. The lessee retains the right to have its controller or a representative assigned by its
controller to be present during any inspection or audit by the County. Ten (10) business day's
notice must be given of inteQt to audit by the County to allow Lessee's controller sufficient time
to schedule said presence.
6. Abatement of Minimum Guarantee - In the event that (1) for any reason the
number of passengers deplaning on scheduled airline flights at the Airport during any month
shall be less than eighty percent (80%) of the number of such deplaning passengers in the
same PE!riod of calendar year 1994, or in the event that (2) in the opinion of the Board of
County Commissioners, the operation of lessee's car rental business at the Airport is affected
3
through no fault of lessee by. shortages or other disruptian in the supply of automabiles.
gasoline. or other goods. necessary thereta. and said shartages or other d~ruptions results in fhe
material diminution in lessee' s gross receipts hereunder tor a period of at least thirty (3D) days.
and said shortages or other disruptions are not caused by a labor d~pute with lessee. SVch
diminution to be satisfactorily demonstrated by lessee ta the Board of County Commission.....
then. in either event. the Minimum Guarantee Fee should be abated for the periad of fime
such condition continues to exist. During said period of time. lessee shall continue to pay to.
the lessor ten percenT (10%} of gross receipts from the operations hereunder as hereinbefore
defined.
7. Investment b~ the lessee. Ali leasehold improvements and their titles shall vest
immediately in Monroe County upon their acceptance by the County. Fumiture. fumishings.
fixtures and equipmenT will remain the personal property of Concessionaire and may be
removed Upon the termination of the agreement. provided all of its accounts payable to the
County are paid at that time. or in the event the County does not purchase same.
8. Leasehold fmDrovements - Lessee has the right during the term hereof. at its own
expense. at any time from time to time:
to install. maintain. operate. repair and replace any and all trade fIXtures and
other personal property useful from time to time in connection with its operation
on the Airport. all of which shall be and remain the property of Lessee and may
be removed by Lessee prior to or within a reasonable time affer expiration of the
term of this agreement: provided. however. that lessee shall repair any damage
to the premises caused by such removal. The failure to remove trade fIXtures or
other personal property shall not constitute Lessee a hold-over. but all such
pr.operty not removed within ten (10) C:ayS after Lessee receives a written
4
demand for such removal sholl be deemed abandoned and thereupon shall be
the sole property of the Lessor.
Leasehold improvements shall include any installation of walls, partitions, doors and windows,
any electrical wiring, panels, conduits. service connections, receptacles or lighting fIXtures
attached to walls. partitions. ceilings or floor. all interior finish to floors. walls. doors. windows or
ceilings: and all floor treatments or coverings. other than carpeting. that is affixed to floors:
sanitary disposal lines and sinks, Commodes. and garbage disposal units: all heating. air
treaTment or ventilating distribution systems, including pipes. ducts. venthoods. air handling
units and hot water generators: and all refrigerator rooms or vaults and refrigerated waste
rooms including refrigeration or ventilating equipment included with same. Any furniture.
fixtures. equipment. carpeting and draperies not classified as leasehold improvements above
shall be the personal property of the Concessionaire.
9. Damaoe and Iniury - Lessee covenants that it and all of its agents. servants,
employees, and independent contractors will use due care and diligence in all of its activities
and operations at the Airport and the Concessionaire hereby agrees to repay or be
responsible to Monroe County for all damages to the property of the County which may be
caused by an act or omission on the part of the Concessionaire. its agents, servants, or
employees and except to the extent that such damage to the property is covered by
insurance required to be prc;)Vided by the Concessionaire under any provision hereof. or is
provided by Monroe County (except subrogation rights of the County's carrier',
Concessionaire shaJl pay. on behalf of the County, all sums which the County shall become
obligated to pay by reason of the liability. if any. imposed by low upon the County for
damages because of bOdily injury. including damages for care and loss of service. including
death at. any time resulting from bodily injury ~:Jnd because of injury t%r destruction of
property. including the loss or use thereof which may be caused by or result from any of the
5
activities, omission, or operation.s. of the Concessionaire, its agents, servants, or employees on
the Airport.
10. Other DeveloDment of Airoort - Monroe County reserves the right to further
develop or improve the landing area of the Airport as its sees fit. regardless of the desires or
views of the Concessionaire. and without interference or hindrance: provided. however. that in
ingress and egress to the premises.
no event can the County deprive the Concessionaire of reasonable and direct routes of
11. Terminal Area Planning - Lessee acknowledges that Monroe County has Master
.
.
Plans including terminal area revisions. Lessee hereby agrees to Cooperate to the fullest with
the County, especially in those areas of terminal improvements which may at some time cause
relocation of rental car facilities.
12. Utilities - Electricity. water and trash removal service will be assessed to Lessee at
a surcharge of $250.00 per month. which monthly fee sholl be adjusted for each contract year
commencing November 15. 1995. in accordance with the percentage change in the
;> Consumer Price Index ICPI) for Woge Eomers ond Clericol Workers in the Miomi. Rorido. creo
index. and shall be based upon the annual average CPI computation from January 1 through
December 31 of the previous year.
13. Lessee I s Obliaations - lessee covenants and agrees:
(0) to pay' the rent and other charges herein reserved at such times
and places as the same ore payable:
(b) to make no alterations. additions or improvements to the
demised premises without the prior written consent of Lessor. which consent shall
be not be unreasonably withheld:
(c) to keep and maintain the demised premises in good condition.
order and repair during the term of this agreement. and to surrender the same
upon the expiration of the term in the condition in which they ore required to be
kept. reasonable wear and tear and damage by casualty. not caused by
Lessee's negligence. riot and civil commotion. excepted:
(d) to observe and comply with any and all requirements of the
constituted public authorities and with all federal. state or local statutes.
6
ordinances. regulations., and standards applicable to lessee or its use of the
demised premises. including. but not limited to. rules and regulations
promulgated from time to time by or at the direction of lessor for administration
of the Airport;
(e) to pay all taxes assessed or imposed by any governmental authority
upon any building or other improvements erected or installed on the demised
premises during the term of this agreement;
(f) to control the conduct. manner and appearance of its officers,
agents. and employees. and any objection from the Director of Airports
conceming the conduct. manner or appearance of such persons,
Concessionaire shall forthwith take steps necessary to remove the cause of the
objection.
.
.
14. Lessor's InsQection and Maintenance _ Lessor and its authorized officers,
employees, agents, contractor., subcontractor. and other representatives shall have the right
to enter upon the demised premises for the following purposes:
(a) to inspect the demised premises at reasonable intervals during regular
business hours (or at any time in case of emergency) to determine whether
lessee has complied and is complying with the terms and conditions of this
agreement with respect thereto; or
(b) to perform essential maintenance. repair. relocation. or removal of
existing underground and overhead wires. pipes. drains. cables and conduits
now located on or across the demised premises. and to construct. maintain.
repair. relocate and remove such facilities in the future if necessary to cony out
the Master Plan of development of the Airport; provided. however. that said
work shall in no event disrupt or unduly interfere with the operations of lessee,
and provided further. that the entire cost of such Work. inclUding but not limited
to the cost of rebuilding. removing. relocating. protecting or otherwise
modifying any fixed improvements at any time erected or installed in or Upon
the demised premises. by lessor. lessee or third parties. as a result of the exercise
by lessor of its rights hereunder. and the repair of all damage to such fixed
improvements caused thereby, shall be borne solely by Lessor.
from and against all liability imposed Upon Lessor by reason af legal liability for injuries to
15. Indemnification.; Lessee shall indemnify and hold Lessor forever harmless
persons. or wrongful death. and damages to property caused by lessee I s operations or
activities on such premises or elsewhere at the Airport, provided that Lessor shall give Lessee
prompt a;;d timely notice of any claim made against Lessor Which may result in a judgment
7
against lessor because of such injury or damage and promptly deliver to lessee any papers.
notices. documents. summonses. or other legal process whatsoever served upon lessor or Its
agents. and provided further that Lessee and its insurer, or either of them. shall have the right to
investigate. compromise. or defend all claims. actions. suits and proceedings to the ex1ent of
lessee' s interest therein; and in connection therewith. the parties hereto ogree to foifhfully
COoperate with each other and with Lessee's insurer or agents in any said action.
(a) Insurance - Lessee shall carry fire and extended coverage insurance, if
obtainable. on all fixed improvements erected by Lessee on the demised
premises to the full insurable value hereof. it being unde~tood and agreed that
for purposes hereof the term "full insurable value" ~hall be deemed to be that
amount for which a prudent Owner in like circumstances would insure similar
property. but in no event an amount in excess of Lessee's original cost of
constructing said fIXed improvements.
(b) Coveraae The Lessee shall procure and maintain insurance of the
types and to the limits as contained in Exhibit "0", which is hereby made a part
of this Lease.
16, Non-Discrimination - Lessee shall fumish all services authorized under this
agreement on a fair. equal and non-discriminatory basis to all pe~ons or users thereof,
charging fair. reasonable. and non-discriminatory prices for all items and services which it is
permitted to sell or render under this agreement shall be construed as requiring the Lessee to
seek approval by Monroe County before or after Lessee establishes or alters its rental cor rates.
Franchisee shall not discriminate in its employment practices against any persOn on the basis of
jOb related.
race. sex. creed. color. national origin, age or any other characteristic or aspect which is not
17. Rules and Reaulotions - Lessee agrees to observe and obey, during the term of
this agreement. all laws. ordinances, rules and regulations promulgated and enforced by the
County and by any other proper authority having jUriSdiction over the conduct of the
operations at the Airport. Within thirty (30) days from the date of this contract. the County shall
provide Lessee a written list of all rules and regulations which it has promulgated up until that
8
time and which will effect the lessee's operations hereunder. In the event new rules and
regulations are contemplated. written notice of same shall be fumished to lessee. and lessee
will be given thiriy (30) days to comply. In the event that lessee should determine thaf any
contemplated rule or reguiation unreasonably hindel> him in his operation under this
agreement. the lessee shall so notify the County. and the Parties hereto agree thaf any
problem arising incidental thereto will. as much as possible. be worked out between the parties
without the necessity to resort to further legal remedies.
1 B. Fumishino of Service - The lessee further covenants and agrees that he will. at all
times during the conTinuance of the term hereby demised and any renewal or exlenslan
thereof. conduct. operote. and maintain for the benefit of the public. the renfal cor
concession provided for and described herein. and all aspects and parts and services fhereof
as hereinabove defined ond set forth. and will make all such facilities and services available to
the public and that he will devote his best efforts for the accomplishment of such purposes.
19. ynited States' Reauirements - This lease shall be subject and subordinate to fhe
provisions of any existing or future agreement between the lessor and the Unifed States
relative to the operation or maintenance of the Airport. and execution ot which has been or
may be required by the provision of the Federal Airport Act of 1946. as amended. or any future
act affecting the operation or maintenance of the Airport. provided. however. that lessor shall.
to the extent permitted by IpW. Use its best efforts to cause any such agreement to include
Provisions protecting and preserving the rights ot lessee in and to the demised premises and
improvements thereon. and to compensation for the taking thereof. and payment for
interterence therewith and for damage thereto. caused by such agreement or by actions ot
the Lessor or the United States pursuant thereto.
20. Lessor's Covenants - The Lessor Cov~nants and agrees that:
(a) Lessor is the lawful OWner of the property demised hereby, that
it has lawful possession thereof. and has good and lawful
authority to execute this Lease; and
9
(b) throughout the term hereof lessee may have. hold and enjoy
peaceful and uninterrupted possession of the premises and rights
herein lecsed and granted. Subject to performance by Lessor of
its obligations herein.
21. Cancellation b~ lessor - If any of the following event, occur. the lessee ,hall be
deemed to be in default of;1, obligation' under the agreement. in which case Morvoe County
'hall give the lessee notice in writing to cure 'uch defauit within thirty (30) days. or the
concession will be automatically canceled at the end of that time and such cancellation will
be without forfeiture. woiver. or release of the County', right to any ,uch of money due
pursuant to this agreement for the full term hereof:
(a) if lessee shall make a general assignment for the benefit
of creditors. or file a voluntary petition in bankruptcy or a petition
or answer seeking its reorganization or the readjustment of its
indebtedness under the Federal Bankruptcy laws of any other
similar law or statute of the United States or any state. or
govemment. or consent to the appointment of a receiver. trustee
or liquidator of all or substantially all of the property of lessee;
(b) if any order or decree of a court of competent jurisdiction
Lessee shalf be adjudged bankrupt or an order shall be made
approving a petition seeking its reorganization. or the
readjustment of its indebtedness under the Federal Bankruptcy
Laws of any law or statute of the United States or any state.
territory. or possession thereof or under the law of any other state,
nation. or govemment. provided. that if such jUdgment or order
be stayed or vacated within ninety (90) days after the entry
thereof. any notice of cancellation given shall be and become
void and of no effect:
.
(c) if by or pursuant to any order or decree of any court or
govemmental authority, board, agency or officer having
jurisdiction, a receiver, trustee or liquidator shall take possession or
control of all or substantially aU of the property of lessee for the
benefit of creditors. provided. that if such order or decree be
stayed or vacated within sixty (60) days after the entry thereof or
during such longer period in which Lessee diligently and in good
faith contests the same. any notice of cancellation shall be and
will become null. void and of no effect:
(d) if Lessee fails to pay the rental charges or other money
payments required by this instrument and such failure shall not be
remedied within thirty (30) days fOllowing receipt by Lessee of
written demand from Lessor to do so:
10
(e) if lessee defaults in fUlfilling any of the terms. covenants. or
conditions required of it hereunder and foils to remedy said
default within thirty (30) days fOllowing receipt by lessee of written
demand from lessor to do SO. or if. by reason of the nature of
such default. the some cannot be remedied within thirty (30) days
following receipt by lessee of written demand from lessor to do
so. then, jf lessee shall have failed to commence the remedying
of such default within thirty (3D) days following such written
notice. or having so commenced. shall fail thereafter to continue
with diligence the curing thereof:
(f) if the lessee shall desert or abandon the premises for
seven 171 consecutive calendar days;
(g) if the concession or the estate of the lessee hereunder
shall be transferred. subleased. or assigned in any manner except
in the manner as herein permitted;
(h) if the lessee shall foil to pay any validlv imoosed tax:
assessments: utility rent. rate or charge; or other govemmental
imposition: or any other charge or lien against the premises
leased hereunder within any grace period allowed by law. or by
the governmental authority imposing the same. during which
payment is permitted without penalty or interest: in complying
with this subparagraph the lessee does not waive his right to
protest such tax. assessment. rent. rate or charge: or
(i) if the lessee fails to provide service as required by
specifications for five days during any thirty day period. unless
such failure is caused by an act of God. national emergency or 0
labor strike of which the lessee has given the County immediate
notice, the concession may be canceled within thirty (3D) days of
the giving of notice by the County and the lessee shall not be
permitted to cure such default.
22. Additionol Remedies - In the event of 0 breach or 0 threatened breach by
lessee of any of the ogreements. terms, covenants and conditions hereof. the County shoJI
hove the right of injunction to restrain said breach and to invoke any remedy allOwed by low
or equity, os if specific remedies. indemnity or reimbul1ement were not herein provided. The
rights and remedies given to Monroe County ore d~tinct, separate and cumulative. and no
one of them, whether or not exercised by the C';'unty. sholl be deemed to be in exciusion of
any of the others herein or by low or in equity provided. No receipt of monies by Monroe
11
County from lessee after the ~ancellation or termination hereof sholl reinstate. continue or
extend the term. or affect any notice previously given to lessee. or operate os 0 waiver of the
right of the County to enforce the payment of rentals and other charges then due or thereafter
falling due. or operate os 0 waiver of the right of the County to recover possession of the
premises by suit or othelWise. It is agreed that. after the service of notice to cancel or
terminate os herein provided. or after the commencement of any proceeding. or after 0 fincJ
order for possession of the premises. the County may demand and collect any monies due. or.
.
thereafter foiling due. without in any manner affecting such notice. proceeding. or order; and
any and 011 such monies and occupation of the premises. or at the election of the County on
account of lessee's liability hereunder. The parties agree that any litigation arising out of the
agreement shall be brought in Monroe County. Florida. and determined under the lows of the
State of Florida. lessee will pay any reasonable aHomey's fees incurred If the County prevails
in the enforcement of the agreement, regardless of whether or not 0 lawsuit is filed. including
but not limited to 011 costs and ottomey's fees incurred in collecting, trial. bankruptcy or
reorganization proceedings or appeal of G:lny matter hereunder and all costs. charges and
expenses incurred herein.
23. Cancellation by lessee - lessee shail hove the right upon wriHen notice to
lessor. to cancel this agreement in its entirety upon or after the happening of one or more of
the following events. if said eyent or events is then continuing:
(aJ the issuance by any court of apparent competent
jUriSdiction of an injunction. order. or decree preventing or
restraining the use by Lessee of all or any substantial part of the
demised premises or preventing or restraining the use of the
Airport for Usual airport purposes in its entirety. or the use of any
part thereof which may be used by Lessee and which is
necessary for Lessee I s operations on the Airport. which remains in
force unvacated or unstoyed for 0 periOd of ot leost one
hundred twenty (120J days;
(bJ the defoult of Lessor in the performcmce of ony of the
terms. covenants or conditions required of it under this instrument
ond the failure of Lessor to Cure such default within 0 period of
12
thirty (30) days following receipt of written demand from Lessee to
do so. except that if by reason of the nature of such default. the
same cannot be cured within said thirty (30) days, then Lessee
shall have the right to cancel if Lessor shall have failed to
commence to remedy such default within said thirty (30) days
following receipt of su~h written demand. or having so
commenced. shall fail thereafter to continue with diligence the
curing thereof;
(c) the inability of Lessee to conduct its business at the Airport
in substantially the same manner and to the same extent as
theretofore conducted. for a periOd of at least ninety (90) days.
because of (i) any law. (ii) any rule. order. jUdgment. decree.
regulation. or other action or non-action of any Govemmental
authority. board. agency or officer having jUriSdiction thereof:
td) if the fixed improvements placed upon the demised
premises are totally destroyed or so extensively damaged that it
would be impracticable or uneconomical to restore the same to
their previous condition as to which Lessee is the sole judge. In
any such case. the proceeds of insurance. if any. payable by
reason of such loss shaJl be apportioned between Lessor and
Lessee. lessor receiving the same proportion of such proceeds as
the then expired portion of the lease term bears to the full term
hereby granted. and Lessee receiving the balance thereof. If the
damage results from an insurable cause and is only partial and
such that the said fixed improvements can be restored to their
prior condition within a reasonable time. then Lessee shall restore
the same with reasonable pr:omptness. and shall be entitled to
receive and apply the procee.ds of any insurance covering such
loss to said restoration. in which event this agreement shall not be
canceled but shall continue in full force and effect. and in such
case any excess thereof shaJl belong to Lessee;
(e) in the event of destruction of all or a material portion of
the Airport or the Airport facilities. or in the event that any agency
or instrumentality of the United States Government. or any state or
local govemment Occupies the Airport or a substantial part
thereof. or in the event of military mobilization or public
emergency wherein there is a curtailment. either by executive
decree or legislative action. of normal civilian traffic at the Airport
or the use of motor vehicles'or airplanes by the general public. or
a limitation of the SUpply of automobiles or of automobile fuel.
supplies. or parts for general pUblic use. and any of said events
results in material interference with Lessee's normal business
operations or substantial diminution of lessee I s gross revenue
from its automobile rental concession at the Airport. continuing
for a periOd in excess of fifteen (15) days;
(f) in the event that at any time prior to or during the term of
this agreement. Lessee's presently existing right to operate an
13
automobile ren~al concession at the Airport is withdrawn.
canceled. terminated. or not renewed by lessor;
(gJ the taking of the whole or any part of the demised
premises by the exercise of any right of condemnation or eminent
domain: -
(h) if at any time during the basic term or option term of this
lease a majority of the scheduled air transportation serving the
local area no longer Operates from the Airport; or
(iJ if at any time during the basic term hereof or the option
periods. the Airport or terminal building is removed to a place
more than three (3J road miles in distance from its present
location.
24. Lessee', Re,erved Right, - Nothing contained in thi, Agreement sholl limit or
restrict in any way Such lawful rights os Lessee may hove now or in the future to maintain claims
against the federal. state. or municipal govemment. or any deportment or agency thereof. or
against any inter>tate body. commission or authority. or other public or private body exercising
govemmental power>. for damages or compensation by reo.son of the taking or occupation.
by condemnation or otherwise. of 011 or 0 substanffai port of the demised premises. Including
fIXed improvements thereon, or of 011 or 0 material port of the Airport with odver>e effects upon
Lessee's use and enjoyment of the demised' premises for the purposes hereinabove set forth:
and Lessor hereby agrees to cooperate with Lessee in maintenance of any just claim of Sold
nature, and to refrain from hindering. Opposing, or obstructing the maintenance thereby by
lessee.
25, Assianment and ~ubleftin!;l-It is expressly agreed and understood that any and
011 obligations of Lessee hereunder may be fulfilled or discharged either by Lessee or by 0
Ucensed member of Budget Rent A Cor Systems, Inc.. duly appointed thereto by BUdget Rent A
Cor Systems, Inc.. and that any and 011 priVileges of every kind granted Lessee hereunder
extends to ony Licensee '0 oppointed; provided, however, that notwithstanding the method of
.. .
operation employed by Lessee hereunder any appointed Lessee always sholl continue to
14
remain directly liable to Lessor for the performance of all terms and conditions of this lease.
Except hereinabove set. out. the prem~es may not be sublet. in whole or in parl. and Lessee
shall not assign this agreement without prior written consent of Lessor. nor permit any transfer by
operation of law of lessee IS interest created hereby. other than by merger or consolidation.
26. Other Use - Lessee shall not use or permit the use of the dem~ed prem~es or any
part thereof for any purpose or use other than an authorized by this agreement.
27. Liens - Lessee shall cause to be removed any and all liens of any nature arising.
out of or because of any construction performed by lessee or any of its contractors or
subcontractors upon the demised premises or arising out of or because of the perfonnance of
any work or labor upon or the fumishing of any materials for use at said premises. by or at the
direction of lessee.
28. Time - In computing Lessee's term within which to commence construction of
any fixed improvements or to cure any default as required by this lease. there shall be
excluded all delays due to strikes. lockouts. acts of God and the public enemy. or by order or
direction or other interference by any municipal. State. Federal or other governmental
department. board. or commission having jutisdiction. or other causes beyond lessee's control.
29. The County hereby agrees not to enter into any automobile rental concession
agreement with any person. partne~"iip. or-COrporation other than the Concessionaire unless
the same shall be upon terms no more favorable than those herein granted to the
Concessionaire. and shall require automobile rental services substantially equivalent to those
available from automobile rental concessionaires upon airports of comparable size throughout
the United States. Nothing herein contained shall limited the County from making such
reasonable distinctions between the automobile rental concessionaires with respect to the
assignment or allocation of rental counter space and parking areas as may appear to it to be
.. ,
justified by the differing operational requirements of the respective rental car concessionaires
15
by reason of the differing amounts of Airport outomobiie rental business done by each of the
respective concessionaires.
30. Paraaraoh Headinm - Paragraph headings herein are intended only to ossist In
reading identification and are not in limitation or enlargement ot the content of any
paragraph.
31. Notices - Any notice of other Communication from either party to the other
pursuant to this agreement is SUffiCiently given or communicated ff sent by registered maiL wit~ .
proper postage and registration fees prepaid. addressed to the party for whom intended, at
the following addresses:
For Lessor.
Monroe County Board of County Commissioners
P. O. Box 1680
Key West. Florida 33040
For Lessee:
Budget Rent A Car Systems. Inc.
4225 Naperville Road
lisle. Illinois 60532
or to such other address as the party being given such notice shall from time to time designate
to the other by notice given in accordance herewith.
IN WITNESS WHEREOF, the parties have caused these presents to be executed by the~
respective officer or representative thereunto dUly authorized. the day and year r...t above
written.
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
B ~cJ~LQ.C, ~~~
y ,
Deputy Clerk
B~~tL___h~
Mayo hairman
BUDGET RENT A CAR SYSTEMS. I""~ .
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1- Witness
A.oPRDVED AS TO ,tC',"- .;
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1111 l'rillll,,!:
/
MONROE COUN"lY.. FLOIUDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
..;
Prior to tI'e commencement of work 80~erned by this contmct (including the pre-staging of
personnel and material), the Vendor shnll oblnin, n.l his/her OWn expense. insurance lIS specified in
Ihe attached schedules, which are made Part of this Contract. 11,e Vendor will ensure that lhe
insurance obtained will extend protection 10 all Contmctors ensaged by lhe Vendor.
GcnCnlllnsuT:WCC Rcquircmcnts
.' for
Airport/Aircraft Activities
"
The Vendor will not be permitted to commence work gO~emed by Ihis commct (including PTC-
sta gin g of personnel and mat eria/) until SOl i Sfaclory evidence of the required insurnnce has been
furnished to the County as specified below. '
The Vendor shall maintain the required insurance Ihroughout the entire term of this contrnct and
,lOy ""tensions specified in any atlnched schedules. Failure to comply with this pro~isioll may
result in the immediate sUSpension of all acti~ities Conducted by the Vendor and itsCon!ractors
Ilfllil the required insurance has been reinstated or replaced.
The Vendor shall Provide, 10 the County, as satisfactory evidence Oflhe required insurance,
either:
· Certificate of Insurance
./
or
The Monroe County Board ofCoumy Commissioners. its employees and officials will be included'
as "Additional Insured" On all POliCies, except for Workers' Compensation.
Any de~iations from tllese General Insurance Requirements mUSI be requested in Writing on the
Coonty prepared fonn entitled "ReqUest for Wni~er of lnsurnnee Requiremenu" and approved
by Monroe CQUnty Risk Management.
· A Certified copy of the aClual insura~ce policy.
The County, al its sole oPtion, has the right to requesl a ccnified COpy of any or all insurance
policies required by this COntract.
All insurance policies must speciJY :lUll Ihey are not subject 10 cancellarion.. non-renewal, material
change, or reduction !n CO~emge unl""s a minimum ofthiny (30) days prior notification is given
~o the County by tIle InSurer.. .
- "'.- ...' '. ~
n'e acceptance andlor approval of the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or Obligation asSumed under tllis COntraCI or imposed by law. _ , ~
, ,
I\.dminist"li..c 111IIl.n.a..,ia",
U.709 r
.1.
I\prll u,. 1'}').1
I.. 1'';lllille
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GENERAL L1Anll..JTY
.INSURANCE REQUIlU!:MENTS
. FOR
CONTI~CT
llET\VEEN
MONROE COUNTY, FLORIDA
AND
..;
....
Prior to the commencement of work governed by this contract, the Contractor shaH obtain
Gcneral Liability Insurance. COVerage shall be maintained tllToughout the life oflhe contract and
include, as a minimum:
,
· Premises Operations
· Product3 and Completed Operations
· Blanket Contractual Li<1bility
· Personal Injury Liability
· Expanded Definition ofProper1y Damage
The minimum limits acceptable shall be:
Sf ,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be;
S 500,000 per Person
$ J )000,000 per OCcurrence
S 100, OOQ Property Damage
An Occurrence Fonn policy is preferred, If coverage is provided on a Claims Made policy, its
provisions should include covera2e for claims /iled on or aller the effectiVe date of Ihis contl'llCt.
In addition, the period for Which claims may be reported should extend lor a minimum oftweJve
(/2) months following the acceptance afwork by the COWlty.
The Mo~roe County, Board of County Commissioners shall be named as Additional Insured on all
POllC1C.' Issued to satIsty the .above requirements.
'-
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I\cfnini.nli~ 1~>ct00n
11..70')1
GtJ
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4..
VEHICLE LIAnJi..ITY
,INSURANCE REQUJUEMENTS
. - FOR
CO NTRA cr
I sl I 'lire '"'l:
..
llET\VEEN
MONROE COUNTY~ FLORIDA
AND
-
Rccogni7ing thatlhe work governed by lhis contract requires the USe ofve/,icles, the Contrnctor,
prior to the commencement of work. shall obtain Vehicle Liability Insurance. CovernS. shaJl be
mainlained throughout the life of the contract and include, ... !' minimum, liability cov""'se.tbr:
· Owned, Non-Owned. and Hired.Vehicles
The minimum limits acceptable shall be:
r
"-
$J,OOO,OOO Combined Single Limit (CSL)
If split limits are provided, the minimum Jimits acceptable shall be:
$ 500.000 per Person
S J ,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured On all.
policies issued to satisfy the above roquircmenu. . .
,.
, .
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WORKERS' COMPENSATION
INSURANCE UEQUIREMENTS
' FOR
CONTRACT
.;
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nElWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the COllUnenCc!llent of work governed by Ihis .conlract. the Conlrnctor shall obtain
Worke,.,,' Compensation Insurance with limits sufficient to respond 10 the applicable state statutes.
.,.
In ad diti on, tile Contractor shall obtain employers' Uabilit y I.surance with limits of not less . t1lan:
Sl,OOO,OOO Bodily Injury by Accident
$1,000,000 OodiIy Injury by Disease., policy limits
$1,000,000 Bodily Injury by Disease., eacll employee
Cov""'se shall be maintained throuShoutthe enure term of tile contract.
Cov""'se shaJJ be provided by a company or comp.;,;es authorized 10 transact business in the
stale of Florida and the company or companies must maintain.a minimum rating of A-VI, as
assigned by the A.M. Best Company.
If the Contractor has be-..n approved by the Florida's Depanmenl of Labor. as an autllOri7.ed self-
insurer, the County shaH recognize ""d honor the ContraCtors status. TIle Conlrnctor may be
required 10 submit a Letter of AUlhorization issued by the Depanment of Labor and a Certificate
of Insurance, providing details on the Con.tractors Excess Insurnnce Program.
If the Contractor panicipatcs in a self-insurance fund, a Certificate oflnsurance will be required.
In addition, the COntrnClor may be required to submit updated financial statements from the fund
upon request from the County.
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