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Item C08 {. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY /MEETING DATE: 5/17/00 5/18/00 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval of lease and concession agreement with Budget Rent a Car Corporation for operations at the Key West International Airport. ITEM BACKGROUND: This agreement is for a term of five years, commencing April 21, 1999 and ending April 20, 2004. PREVIOUS RELEVANT BOCC ACTION: Approval of Lease and Concession Agreement, 4/21/94. (attached) STAFF RECOMMENDATION: Approval TOTAL COST: None BUDGETED: N/A COST TO AIRPORT: None COST TO COUNTY: None REVENUE PRODUCING: Yes AMOUNT PER YEAR: FY 19991- $109,242.95 APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X AIRPORT DIRECTOR APPROVAL DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM # _l- re DISPOSITION: /bev APB /" MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Budget Rent A Car Corporation Effective Date: 4/21/99 Expiration Date: 4/20/04 Contract Purpose/Description: Lease and Concession agreement for Budget Rent A Car Corporation for operations at the Key West International Airport. Contract Manager: Bevette Moore (name) for BOCC meeting on: 5/17/00 # 5195 (Ext. ) Airports - Stop # 5 (Department/Courier Stop) Agenda Deadline: 5/3/00 CONTRACT COSTS Total Dollar Value of Contract: Revenue Producing Budgeted? N/A Grant: N/ A County Match: N/A Estimated Ongoing Costs: N/A (not included in dollar value above) Current Year Portion: N/A Account Codes: 404-344101 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial. salaries, etc.) Date In Airports Director 4/2~/oi) LLiM!DfL -.ii/2'1tut; !iJil! ~ Risk Management o,f{/purc&ing County Attorney Comments: CONTRACT REVIEW Changes Needed Yes No Reviewer Date Out ( ) ()() Q~ 4/20/0c) ~ PetertfolQrtoJl-t-:- ( ) (...r' ~ ~ ~ :L,/Vi /oe ( ) (~ ~~ r4l?f4eo ( ) <--r ~ 1:LJ~/IZD Rob olfe lEASE AND CONCESSION AGREEMENT KEY WEST INTERNATIONAL AIRPORT THIS CONTRACT OF LEASE is made and entered into on the day of . 2000. 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 automobile rental concession at and from the Key West International Airport at Key West. Florida, hereinafter referred to as Airport; and WHEREAS. Lessor and Lessee desire. in connection with said operations, to provide for the leasing by Lessor to Lessee of certain space in and around the Airline Terminal at the Airport for the establishment of a Rental Car Concession to accommodate the Lessee'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 hereto do hereby agree as follows; 1. Premises - Lessor hereby leases to Lessee for its non-exclusive use the rental car counter located in the airline terminal at Key West. Monroe County, Florida, said counter containing 135 square. feet and office space containing 119 square feet as shown on Exhibit A. and in addition provides 30 rental car ready spaces, as shown on Exhibit B, both exhibits are attached hereto and made a part hereof. 2. Term - This agr.eement is for a term of five (5) years, commencing on April 21. 1999. 3. Rental and Fees - Lessee, for and during the term hereof, shall pay to Lessor for the use and occupancy of said Basic Premises and for the rights and privileges herein granted it at the following scheduled rates and fees; (al Counter Counter space rental will be paid for at the follow rates: Key West Airport - $22.25/sq. ft./per annum + tax. Counter rental space includes that space physically enclosed by the counter, side partitions and backwall. (bl Office Office space rental will be paid for at the follow rates; Key West Airport - $15,88/sq. ft./per annum + tax. These rates are subject to rates and charges as approved by the BOCC. or with an increase equal to the CPI percentage increase for the prior year. (c) Car Readv Scaces Exhibit B - no charge. (dl Concession Fee Guaranteed minimum annual concession fee for each contract year of the five (5) year term of this concession agreement shall be $65.812.00 per year. The Lessee agrees to pay monthly ten (101 percent of gross revenues for the previous month or one twelfth (1/121 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 thirty 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 ensure 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 Receiots - 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 agreement). 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 the payment is made or where the 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, serially 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 Airport office or otherwise pertaining directly to this agreement. Knowingly, furnishing the County a false statement of its gross sales under the provision hereof will constitute a default by the Concessionaire of this agreement and the County may, at its option. declare this contract terminated. 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 period of thirty (30) consecutive days shall be less than sixty percent (60%) of the number of such deplaning passengers in the same period of preceding calendar year. or in the event that (2) in the opinion of the Board of County Commissioners, the operation of Lessee I s car rental business at the Airport is affected through no fault of Lessee by shortages or other disruption in the supply of automobiles, gasoline. or other goods necessary thereto. and said shortages or other disruptions results in the material diminution in Lessee's gross receipts hereunder for a periOd of at least thirty (30) days, and said shortages or other disruptions are not caused by a labor dispute with Lessee. such diminution to be satisfactorily demonstrated by Lessee to the Board of County Commissioners. then, in either event. the Minimum Guarantee Fee should be abated for the period of time 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 bv the lessee - All leasehold improvements and their titles shall vest immediately in Monroe County upon their acceptance by the County, Furniture. furnishings. 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 Imorovements - 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 after expiration of the term of this agreement: provided, however. that Lessee shall repair any damage to the premises causecFby such removal. The failure to remove trade fixtures or other personal property shall not constitute Lessee a hold-over. but all such property not removed within ten (10) days 2 after Lessee receives a written demand for such removal shall 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. Damaae 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 provided by the Concessionaire under any provision hereof, or is provided by Monroe County (except subrogation rights of the County's carrier). Concessionaire shall 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 law 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 and 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 activities, omission. or operations of the Concessionaire. its agents, servants, or employees on the Airport. 10. Utilities - Electricity and water will be supplied to the leasehold area by the Lessor. 11. Lessee's Obliaations - Lessee covenants and agrees: (a) to pay the rent and other charges herein reserved at such times and places as the same are 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 are 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. 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 and to remit to Lessor for payment to the State any sales or use tax imposed on the rental charge or concession fee; ~ If) to 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 understood and agreed that for purposes hereof the term "full insurable value" shall 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: and Ig) to control the conduct. manner and appearance of its officers. agents. and employees, and any objection from the Director of Airports concerning the conduct, manner or appearance of such persons. Concessionaire shall forthwith take steps necessary to remove the cause of the objection. 12. Lessor's Inspection and Maintenance - Lessor and its authorized officers. employees. agents. contractors. subcontractors 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 lor 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 Ib) 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 carry 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. 13. Indemnification - Lessee shall indemnify and hold Lessor forever harmless from and against all liability imposed upon Lessor by reason of legal liability for injuries to persons. or wrongful death. and damages to property caused by Lessee's operations or activities on such premises or elsewhere at the Airport. provided that Lessor shall give Lessee prompt and timely notice of any claim made against Lessor which may result in a judgment 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 extent of Lessee's interest therein; and in connection therewith, the parties hereto agree to faithfully cooperate with each other and with Lessee's insurer or agents in any said action. 14, Liability Insurance - Prior to the commencement of work governed by this lease agreement (including the pre-staging of personnel and material). the Lessee shall obtain. at his own expense. insurance as specified in the attached schedules. marked as Exhibit "C." which are made part of this lease agreement. The Lessee will ensure that the insurance obtained will extend protection to all Contractors engaged by the Lessee. Lessee will not be permitted to commence work governed by this lease agreement (including the pre-staging of personnel and material). until satisfactory evidence of the required insurance has been furnished to the Lessor as specified below. Lessee shall maintain the required insurance. throughout the entire term of this lease agreement. and any extensions. as specified in the attached schedules. Failure to coi'i1ply with this provision may result in the immediate suspension of all activities conducted by the Lessee and its Contractors until the required insurance has been reinstated or replaced. 1 Lessee shall provide. to the Lessor. as satisfactory evidence of the required insurance, either a certificate of insurance or a certified copy of the actual insurance policy, The Lessor, at its sole option. has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal. material change or reduction in coverage unless a minimum of thirty (3D) days prior notification is given to the Lessor by the insurer. The acceptance and/or approval of Lessee's insurance shall not be construed as relieving Lessee from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as II Additional Insured" on all policies. except for Workers Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled II Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 15. Non-Discrimination - (a) Lessee shall furnish all services authorized under this agreement on a fair, equal and non-discriminatory basis to all persons or users thereof. charging fair. reasonable, and non-discriminatory prices for all items and services which it is permitted to sell or render under the provisions hereof, Providing, however, that nothing contained in this paragraph or in any other paragraph of this Agreement shall be construed as requiring the Lessee to seek approval by Monroe County before or after Lessee establishes or alters its rental car rates, (b) The Lessee for himself. his personal representatives. successors in interest, and assigns. as a part of the consideration hereof, does hereby covenant and agree that: ( 1) no person on the grounds of race. sex. creed. color, national origin or age shall be excluded form participation in. denied the benefits of. or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on. over or under such land and the furnishing of services thereon. no person on the grounds of race. sex. creed. color. national origin or age shall be excluded form participation in. denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49. Code of Federal Regulations. Department of Transportation. Subtitle A. Office of the Secretary. Part 21. Nondiscrimination in Federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, Lessee 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. 16. Rules and Reaulations - 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 (3D) 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 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 furnished to Lessee. and Lessee will be given thirty (3D) days to comply, In the event that Lessee should determine that any contemplated rule or regulation unreasonably hinders him in his operation under this agreement. the Lessee shall so notify the County. and the parties hereto agree that 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. :;. ~ 17. 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 extension thereof. conduct. operate. and maintain for the benefit of the public, the rental car concession provided for and described herein, and all aspects and parts and services thereof as hereinabove defined and 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. 18. United States' Reauirements - This lease shall be subject and subordinate to the provisions of any existing or future agreement between the Lessor and the United States relative to the operation or maintenance of the Airport. and execution of 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 law. use its best efforts to cause any such agreement to include provisions protecting and preserving the rights of Lessee in and to the demised premises and improvements thereon. and to compensation for the taking thereof. and payment for interference therewith and for damage thereto, caused by such agreement or by actions of the Lessor or the United States pursuant thereto, 19. lessor's Covenants - The Lessor covenants 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 (b) throughout the term hereof Lessee may have. hold and enjoy peaceful and uninterrupted possession of the premises and rights herein leased and granted. subject to performance by Lessor of its obligations herein. 20. Cancellation bv lessor - If any of the following events occur. the lessee shall be deemed to be in default of its obligations under the agreement. in which case Monroe County shall give the Lessee notice in writing to cure such default within thirty (30) days. or the concession will be automatically canceled at the end of that time and such cancellation will be without forfeiture. waiver, or release of the County's right to any such 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 government, or consent to the appointment of a receiver. trustee or liquidator of all or substantially all of the property of lessee: Ib) if any order or decree of a court of competent jurisdiction Lessee shall 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 government. 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: Ic) if by or pursuant to any order or decree of any court or governmental authority, board. agency or officer having jurisdiction, a: receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of Lessee for the benefit of creditors, provided. that if such order or decree be stayed or vacated within Jixty (60) days after the entry thereof or during such longer period in which Lessee diligerrrly and in good faith contests the same. any notice of cancellation shall be and will become null. void and of no effect: Q (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: (e) if Lessee defaults in fulfilling any of the terms. covenants. or conditions required of it hereunder and fails 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 same cannot be remedied within thirty (3D) days following receipt by Lessee of written demand from Lessor to do so. then, if Lessee shall have failed to commence the remedying of such default within thirty (30) days following such written notice. or having so commenced. shall fail thereafter to continue with diligence the curing thereof; (f) if the Lessee shall abandon the premises for seven (7) consecutive calendar days; (g) if the concession 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 fail to pay any validly imposed tax; assessments; utility rent. rate or charge; or other governmental 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 a 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. 21. Additional Remedies - In the event of a breach or a threatened breach by Lessee of any of the agreements. terms, covenants and conditions hereof. the County shall have the right of injunction to restrain said breach and to invoke any remedy allowed by law or equity, as if specific remedies. indemnity or reimbursement were not herein provided. The rights and remedies given to Monroe County are distinct. separate and cumulative. and no one of them, whether or not exercised by the County. shall be deemed to be in exclusion of any of the others herein or by law or in equity provided. No receipt of monies by Monroe County from Lessee after the cancellation or termination hereof shall reinstate. continue or extend the term. or affect any notice previously given to Lessee. or operate as a waiver of the right of the County to enforce the payment of rentals and other charges then due or thereafter falling due, or operate as a waiver of the right of the County to recover possession of the premises by suit or otherwise. It is agreed that. after the service of notice to cancel or terminate as herein provided, or after the commencement of any proceeding. or after a final order for possession of the premises. the County may demand and collect any monies due, or thereafter falling due, without in any manner affecting such notice. proceeding. or order; and any and all 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 laws of the State of Florida. Lessee will pay any reasonable attorney's fees incurred if the County prevails in the enforcement of the agreement. regardless of whether or not a lawsuit is filed, including but not limited to all costs and market value attorney's fees incurred in collecting. trial. bankruptcy 'or reorganization proceedings or appeal of any matter hereunder and all costs. charges and expenses incurred herein. -~ z 22. Cancellation by lessee - lessee shall have the right upon written 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 event or events is then continuing: (a) 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's operations on the Airport. which remains in force unvacated or unstayed for a period of at least one hundred twenty (120) days; (b) the default of Lessor in the performance of any of the terms. covenants or conditions required of it under this instrument and the failure of lessor to cure such default within a period of 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 such 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: (d) 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 shall 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 promptness, and shall be entitled to receive and apply the proceeds 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 shall belong to Lessee; (el 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 Govemment. 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's gross revenue from its automobile rental concession at the Airport. continuing for a perio~ in excess of fifteen (15) days; (f) in the event that at any time prior to or during the term of this ag~eement. Lessee's presently existing right to operate an automobile rental concession at Uie Airport is withdrawn. canceled. terminated. or not renewed by Lessor; ~ (g) 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 (i) 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 (3) road miles in distance from its present location, 23. Lessee's Reserved Riahts - Nothing contained in this Agreement shall limit or restrict in any way such lawful rights as Lessee may have now or in the future to maintain claims against the federal. state. or municipal government. or any department or agency thereof. or against any interstate body, commission or authority. or other public or private body exercising governmental powers, for damages or compensation by reason of the taking or occupation. by condemnation or otherwise, of all or a substantial part of the demised premises, including fixed improvements thereon. or of all or a material part of the Airport with adverse 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 said nature. and to refrain from hindering. opposing. or obstructing the maintenance thereby by Lessee. 24. Assianment and Sublettina - It is expressly agreed and understood that any and all obligations of ~iW hereunder may be fulfilled or discharged !~ by Lessee or by a Licensed member of The ~orporation duly appointed thereto by The orporation. and that any and all privileges of every kind granted Lessee hereunder extends to any Licensee so appointed: provided, however. that notwithstanding the method of operation employed by Lessee hereunder any appointed Lessee always shall continue to remain directly liable to Lessor for the performance of all terms and conditions of this lease. Except hereinabove set out. the premises may not be sublet, in whole or in part. and Lessee shall not assign this agreement without prior written consent of Lessor. nor permit any transfer by operation of law of Lessee's interest created hereby, other than by merger or consolidation, 25. Other Use - Lessee shall not use or permit the use of the demised premises or any part thereof for any purpose or use other than an authorized by this agreement, 26. 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 performance of any work or labor upon or the furnishing of any materials for use at said premises. by or at the direction of Lessee. 27. 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 jurisdiction, or other causes beyond Lessee's control. 28. Other Develooment 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 no event can the County deprive the Concessionaire of reasonable ond direct routes of ingress and egress to the premises. 29. Paraaraoh HeadinQs - Paragraph headings herein are intended only to"=assist in reading identification and are not in limitation or enlargement of the content of any paragraph. 2. 30. Notices - Any notice of other communication from either party to the other pursuant to this agreement is sufficiently given or communicated if sent by registered mail. with proper postage and registration fees prepaid, addressed to the party for whom intended. at the following addresses: Lessor Board of County Commissioners 3491 S Roosevelt Blvd. Key West. FL 33040 Lessee Budget Rent A Car Systems. Inc. 8855 Rent-a-car Road Orlando. FL 32827 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 their respective officer or representative thereunto duly"authorized, the day and year first above written, (SEAL) ATTEST: DANNY L. KOLHAGE. CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By By Deputy Clerk Mayor/Chairperson BUDGET RENT A CAR SYSTEMS, ~~e: f ~'!.~ . . . . . . . . . . . . . . . . . . . . .-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :.\i\i/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . . . . . . . . . . . " . .. . -~ l.Q EXHIBIT 'A' KEY WEST INTERNATIONAL AIRPORT "'"' "'"' --- ------,-- "'"' i) I, BAGGAGE YARD DEPLANING --L _ _ --_ _ _ _ f. --~------~------ ~ - - I. Ii --=:- X I x -I x I x - - - - - - - ~ - - - - - - - - - - - - - - - - - -I-~'- +- I 0:::: o >- ~ z o BAGGAG~ CLAIM -WlL I- I I :z:~ ~S tf)~ ~:1 0- ~ . I , I . - - - -- -,/1 i I . ---- Ln-- :Ti ~!~ -_.~~ L..L ~ --- {!}-. o I u ~i \.-....., , - ECUR;;Y: ... _...-~ . . '~~~-~---~~.-:-:--D1 ~,_. EXHIBIT 'B' rrs ~ ... H 0:1 ~ 0) IJIIl1 ~" ~ ~ ::1~1 CS~ C) ~:\) -. ~I II. , r- <::: <:)~ ~~ '1d G ~ --- .~ ~ . -- - ---... ....' ~_f'~ ; ..---\ ~~I <. '-'~ '- ~,,~ ' fb~ ' ",~t\;_ ~'" ~ -. ;'1'1\ ~ , III \A~ ~ l"l .. ,. ~ ., ...~ . 01;) ..; it, rJ 'I ~ " ~ Itt lj~\I\1~ "~,,,c.<::: ~"~~'f ~ tl~ ~ ~ l))!I:j~;li ~~~~~ ~ ~" ~I ~~~ ~ "'~I.. ~!'l ~~~~ ~ 10 t "- -- rr. ... 01 ~ ~ CI I /: -'--" -........... . ,~ II' \II Ii: . '1)-' - n.. _ III -~'..~ '! ' . '" 01-- ~ ~ 0-1.11 ~ ~ ~ .~, Ili Ill....... ~~ ~ \ ()I) ~~ '1lA i\'1 l)~ I') t'1 ~ 'i~ i~ ill I) "-~ '.1:1 1Jl~ ~ ~~ ~ . 'Ii. , -: '-: ~ \ ~ K...;. ~..:. '. \.:~...:_ it . ~~..d . ft '. .... ~ '- ~"-:l) -. · 4"i- - ~ . ~ .... _4"i .. ~I 5!--..tsa ,. '.' '\I ,l\ '" -. !.~. .~ -I\; .la_ _ ~ -..a -: ~ ~~~~ ~~~~ 1Ii~~"" Y,1t)tlll~ 8ti'-;;: j {J, (1r~ I, \ _ :"':-I}:t~ h.' .";.' \ -/; f* , , 3.= r EXHIBIT 'e' 1996 Edition "\ -? MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Airport/Aircraft Activities Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the V endor s~all obtain, at hislher own expense, insurance as specified in the attached schedules, which are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Contractors engaged by the Vendor. The Vendor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Vendor shall maintain the required insurance throughout the entire term of this contract and" any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Vendor and its Contractors until the required insurance has been reinstated or replaced. .1 The Vendor shall provide, to the County, as satisfactory evidence of the required insurance, either: . Certificate of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer, The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitkd "Request for \Vaiver of I~suranee Requirements" and approved by Monroe County Risk Management. ) J-__ Administration Instruction #4709 2 24 . GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: , · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $l,OOO~boo Combined Single Limit (CSL). .... If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effectiye date of this contract. In addition, the period for which claims may be reported should extend for a minimum oftwelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. ....~.. GL3 Administration I nSlruction #4709.2 ;...;.;. 56 1996 Edition VEHI CLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, 'shall obtain Vehicle Liability Insurance. Coverage shall be. maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 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 requirements. VL3 Administration Instruction 114709.2 &3 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: . $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC3 Jo Administration Instruction #4709.2 90 RENTAL CAR CONCESSION AGREEMENT THIS AGREEMENT, made and entered into this 21st day of APRIL 1994, by and between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter called "Lessor"), and BUDGET RENT A CAR SYSTEMS, INC., qualified to do business in the State of Florida (hereinafter called "Lessee" or "Concessionaire"); WHEREAS, Lessor desires to grant to Lessee a non-exclusive right to operate an automobile rental concession at and from Key West International Airport at Key West, Florida (hereinafter called the "Airport); and WHEREAS, Lessor and Lessee desire, in connection with said operations, to provide for the leasing by Lessor to Lessee of certain space in and around the Airline Terminal at the Airport for the establishment of a Rental Car Concession to accommodate ,the Lessee'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 specif- ically provided; NOW, THEREFORE, in consideration of the premises and of mutual covenants and promises hereinafter contained, the parties hereto do hereby agree as follows: 1. Premises Lessor hereby leases to Lessee for its non-exclusive use the rental car counter located in the airline terminal Key West, Monroe County, Florida, said counter ~- containing 73~ square feet, and in addition provides 30 rental car ready spaces as reflected by the attached Exhibit B in area designated "Rental Car Ready Area," which is also incorporated into this Agreement by reference.. 2. Term - This Agreement is for a term of five years, commencing upon the date first written above. 3. Rental and Fees - Lessee, for and during the term hereof, shall pay to Lessor for the use and occupancy of said Basic Premises and for the rights and privileges herein granted it at the following scheduled rates and fees: (a) Counter Rental: Counter space rental will be paid for at the tollowing rates: Key West International Airport $19.72/sq.ft./annum. Counter rental space includes that space physically enclosed by the counter, side partitions and backwall., These rates, which are currently equal to the airline rental rate for publicly exposed space, will be adjusted biennially. This rate includes the operating and maintenance expense directly related to the airline terminal cost center plus allocated administrative cost plus return on investment. In 1993 airline terminal operating, maintenance and allocated administrative costs accounted for $11.48 of the $17.9-3 rate at Key West. The biennial adjustment will equal the actual percentage increase, not to exceed 10%, in the operat- ing, maintenance and administrative components of the floor rental rates. Notwithstanding the foregoing, the counter rental rates set forth in this subsection 3 (a) may be in- creased beyond those amounts upon the occurrence of either of two events: (i) if any agency of the state or federal govern- ment determines that the rental rates are not fair market value as defined by that agency; or (ii) if the Lessor constructs new terminal facil- ities or reconstructs the existing terminal facilities so that the rental rates no longer reflect fair market value. . In either event, the Lessor may increase the rental rates up to those amounts which constitute~fair market value as defined by the agency [subparagraph 3 (a) (i)] or as recommended by an airport engineering 2 I ;' L\ "......1 j'1. . v- " consultant employed for the purpose of determining fair market value rent, and as adopted, or adopted as modified, by the Lessor's Board of County Commissioners [subparagraph 3(a)(ii)].. (b) Ready Spaces: No charge. (c) Concession Fee: Guaranteed concession fee for each contract year year term of this concession agreement following amounts: For the First year of said term: For the Second" " " " For the Third " For the Fourth " For the Fifth " " " " m1.n1.mum annual of the five (5) shall be in the $ 56,370.00- 9Y 56,370.00-9'5 60,904.00-?b 62 , 127 . 00 - 9-7 65,812.00 " " " " " " The Concessionaire 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 anntlal minimum guaran- tee, whichever is greater, for that one year period, an adjustment will be made to the first months fee for the next subsequent period or, at the end of the fifth year, reimbursement will be made within thirty days. A performance bond in the amount of $25,000 (twenty five thousand dollars) shall be provided the Board of County Commissioners and shall be held in escrow as security to ensure 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 ReceiPts - 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 specif- ically shown on the car rental agreement), by the customer to Concessionaire for or in connection with the use of-- vehicle contracted for, delivered or rented to the customer at the 3 airport, regardless of where the payment is made or where the -- 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. s. Accounting Procedures - The Concessionaire shall keep records of all sales and revenues, whether for cash or credit, whether collected or not from it operations in a manner generally accepted as standard to the automobile rental industry located on airports. Lessee agrees to operate its business upon the air- ports so that a duplicate rental agreement invoice, seria1~y pre-ntImbered, 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 in Monroe County, Florida. Knowingly furnishing the County a false statement of its gross. sales under the provisions hereof will constitute a default by Concessionaire of this agreement and the County, may at its option, declare this con- tract terminated. 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 period of thi~ty (30) consecutive days shall be less than sixty percent (60%) of the 4 number of such deplaning passengers in the same period in the .... - preceding calendar year, or in the event that (2) in the opinion of the Board of County Commissioners, the operation of Conces- sionaire's car rental business at the airports is affected through no fault of Lessee by shortages or other disruption in the supply of automobiles, gasoline, or other goods necessary thereto, and said shortages or other disruption results in the material diminution in Concessionaire's gross receipts hereunder for a period of at least thirty (30) days, and said shortage or other disruption is not caused by a labor dispute with Conces- sionaire, such diminution to be satisfactorily demonstrated by Concessionaire to the Board of County Commissioners then, in either event, the Minimum Guarantee Fee should be abated for the period of time such condition continues to exist. During said period of time, Concessionaire shall continue to pay to airport ten (10%) of gross receipts from the operations hereunder as hereinbefore defined. 7. Investment by the Lessee - All leasehold improvements and their titles shall vest immediately in Monroe County upon their acceptance by the County. Furniture, furnishings, fixtures and equipment will remain the personal property of Lessee and may be removed upon termination of the agreement, provided all its accounts payable to the County are paid at that time, or in the event the County does not purchase same. 8. Leasehold Improvements - Lessee has the right during the term hereof, at its own expense, at any time from - time to time: 5 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 opera- tions 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 after 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 property not removed within ten (10) days after Lessee receives a written demand for such removal shall be deemed abandoned and there- upon shall be the sole property of Lessor. Leasehold improvements shall include any installation of walls, partitions, doors and windows, any electrical wiring, panels, cO'[lduits, 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 covering, other than carpeting, that is affixed to floors; sanitary disposal lines and sinks, commodes, and garbage disposal units, all heating, air treatment or ven- tilating distribution systems, including pipes, ducts, vent- hoods, air handling units and hot water generators; and all refrigerator rooms or valllts and refrigerated waste rooms includ- ing refrigeration or ventilating eqllipment included with ~ame. 6 Any furniture, fixtures, equipment, carpeting and draperies not classified as leasehold improvements above shall be the personal property of the Lessee. 9. Damage and In;ury - 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 (s) and the Lessee 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 Lessee, its agents, servants, or employees and except to the extent that such damage to the property is cover~d by insurance required to be provided by the Lessee under any provisions hereof, or is provided by the Lessee under any pro- visions hereof, or is provided by Monroe County (except subro- gation rights of the County's carrier) Lessee shall 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 law upon the County for damages because of bodily injury, includ- ing damages for care and loss of service, including death at any time resulting from bodily injury and because of injury t%r destruction of property, including the loss or \lSe thereof which may be caused by or result from any of the activities, omission, or operations of the Lessee, its agents, servants, or employees on the airports. 10. New or Reconstructed Terminal Area (a) Lessee acknowledges that this Agreement Lessor contemplates new terminal facilities or the struction of the existing terminal during the term- of the construction of substantial recon- facilities at KWlA, 7 including the premises described in section one of this Agreement, and Lessee hereby consents to the Lessor's reservation of the right to undertake such construction or reconstruction. In connection with any construction or reconstruction, Lessor shall in good faith endeavor not to disrupt Lessee's rental car operation but, if such disruption occurs, Lessee agrees to make no claim against Lessor for interference with Lessee's leasehold interest or for loss or damage to its business during the construction or reconstruction. If however the construction or reconstruction prevents Lessee from operating at KWIA, then the Lessee's obligations to pay Lessor the amounts required by section 3 shall abate until the time Lessee is able to resume operation. (b) Lessee acknowledges that the construction or reconstruction of the terminal facilities at KWIA may cause the Lessor to relocate Lessee's demised premises from that described in Exhibit A. In that event, the County will provide the Lessee with equivalent premises in the new or reconstructed terminal facilities for the remainder of the term of this Agreement. In the event of such relocation, the cost of relocating Lessee's trade fixtures, as described in sections 7 and 8 of this Agreement, shall be borne by the County. Further, in the event of such a relocation, Lessor further consents to the Lessee's removal and relocation of any leasehold improvements, as described in sections 7 and 8 of this Agreement, if the removal and relocation can be accomplished, in the opinion of the Lessor's engi- neer or architect in charge, without damage to the existing or new terminal facilities or without unduly disrupting with the construction or reconstruction .' process. The cost of removal and relocation of lease- hold improvements shall be borne by the Lessee. 11. Utilities - Electricity and water will be supplied to the leasehold area by the Lessor. 12. Lessee's Obligations - Lessee covenants and agrees: (a) to reserved at payable; (b) to make no alterations, additions, or im- provements to the demised premises without the prior written consent of Lessor, which consent hall not be unreasonable withheld; pay the rent and other such times and places as charges herein the same are ,.. (c) to keep and maintain the demised premises ~n good condition, order, and repair during the term of this Agreement, and to surrender the same upon the 8 expiration of the term in the condition in which they ar-e 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, ordinances, regtllations, and standards applicable to Lessee or its tlSe of the demised premises, including, but not limited to, rules and regulations promtllgated 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 and to remit to Lessor for payment to the State any sales or use tax imposed on the rental charge or concession fee; (f) to carry fire and extended coverage insur- ance, if obtainable, on all fixed improvements erected by Lessee on the demised premises to the full insurable value hereof, it being understood and agreed that for purposes hereof the term "full insurable value" shall be deemed to be that amount for which a prudent owner in like circumstances would insure similar vroperty, but in no event an amount in excess of Lessee s origi- nal cost of constructing said fixed improvements; and, (g) to control the conduct, manner, and appear- ance of its officers, agents and employees, and any objection from the Director of Airports concerning the conduct, manner or appearance of such persons, Lessee shall forthwith take steps necessary to remove the cause of the objection. 13. Lessor's Inspection and Maintenance - Lessor and its authorized officers, employees, agents, contractors, sub- contractors and other representatives shall have the right to enter tlpOn the demised premises for the following purposes: (a) to inspect the demised premises at reasonable intervals during regular business hours (or at any time incase of emergency) to determine whether Lessee has complied and is complying with the terms and conditions of this agreement with respect thereto; or Y" (b) to relocation, perform essential maintenance, repair, or removal of existing underground and 9 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 carry 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. 14. Indemnification Lessee shall indemnify and hold Lessor forever harmless from and against all liability imposed upon Lessor by reason of legal liability for injuries to persons, or wrongful death, and damages to property caused by Lessee's operations or activities on such premises or elsewhere at the Airport, provided that Lessor shall give Lessee prompt and timely notice of any claim made against Lessor which may result in a judgment 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 insur- er, or either of them, shall have the right to investigate, compromise, or defend all claims, actions, suits, and proceedings to the extent of Lessee's interest therein; and in connection therewith the parties hereto agree to faithfully cooperate with each other and with Lessee's insurer or agents in any said action. 15. Liability Insurance _ Prior to the commencement of work governed by this lease agreement (including the pre-staging 10 of personnel and material), the Lessee shall obtain, at his own expen;e~ insurance as specified in the attached schedules, marked as Exhibit "C," which are made part of this lease agreement. The Lessee will ensure that the insurance obtained will extend protection to all Contractors engaged by the Lessee. Lessee will not- be permitJted to commence work governed by '--- . this lease agreement (including the pre-staging of personnel and material), until satisfactory evidence of the required insurance has been furnished to the Less~r as specified below. Lessee shall maintain the required insurance, throughout the entire term of this lease agreement, and any extensions, as specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Lessee and its Contractors until the required insurance has been reinstated or replaced. Lessee shall provide, to the Lessor, as satisfactory evidence of the required insurance, either: * Certificate of Insurance or * A Certified copy of the actual insurance policy The Lessor, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the Lessor by the insurer. -- 11 The acceptance and/or approval of Lessee's insurance shall .,r:- - not be construed as relieving Lessee from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 16. Non-Discrimination (a) Lessee shall furnish all services authorized under this agreement on a fair, equal, and non- discriminatory basis to all persons or users thereof, charging fair, reasonab le, and non-discriminatory prices for all items and services which it is permitted to sell or render under the provisions hereof. Provid- ed, however, that nothing contained in this paragraph or in any other paragraph of this Agreement shall be construed as requiring the Lessee to seek approval by Monroe County before or after Lessee establishes or alters its rental car rates. (b) The Lessee for himself, his personal rep- resentatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction 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 J"' 12 participation in, denied the benefits of, or be other- wi~e sllbjected to discrimination; (3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Sllbtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federal- ly-assisted programs of the Department of Transporta- tion - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondis- crimination covenants, Lessee 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. 17. Rules and Regulations - Lessee agrees to observe and obey, during the term of the contract, all laws, ordinances, rules and regulations promulgated and enforced by the COllnty and any other proper authority having jurisdiction over the conduct of the operations at the airports. Within thirty (30) days from th date of this contract, the County shall provide the Lessee a . . written list of all rules and regulations which it has promulgat- ed up until that time and which will effect the Lessee's opera- tions hereunder. In the event new rules and regulations are contemplated, written notice of same shall be furnished to Lessee, and Lessee will be given thirty (30) days to comply. In the event that Lessee should determine that any contemplated rule or regulation unreasonably hinders him in his operation under this Lease, the Lessee shall so notify the County, and the parties hereto agree that any problems arising incidental thereto :.>0- will, as much as possible, be worked out between the parties without the necessity to resort to further legal remedies. 13 18. Furnishing of Service - The Lessee further covenants and agrees that Lessee will, at all times during the continuance of the term, hereby demised and any renewal or extension thereof, condllct, operate, and maintain for the benefit of the public, the rental car lease and concession provided for and described herein, and all aspects and parts and services thereof as hereinabove defined and set forth, and will make all such facil- ities and services available to the public and that Lessee will devote its best efforts for the accomplishments of SllCh purposes. 19. United States' Requirements This Lease shall be subject and subordinate to the provisions of any existing or future agreement between the Lessor and the United States rela- tive to the operation or maintenance of the Airport, the exe- cution of which has been or may be required by the provisions 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 law, use .- its best efforts to cause any such agreement to include pro- visions protecting and preserving the rights of Lessee in and to the demised premise and improvements thereon, and to compensation for the taking thereof, and payment for interference therewith and for damage thereto, caused by such agreement or by actions of the Lessor or the United States pursuant thereto. 20. Lessor's Covenants - The Lessor covenants and agrees that: (a) Lessor is the lawful owner of the proper~ty demised hereby, that it has lawful possession thereof, and has good and lawful authority to execute this Lease; and, 14 (b) throughout the term hereof Lessee may have, hold and enjoy peaceful and uninterrupted possession of the premises and rights herein leased and granted, except when the interruption is due to the action of a superior sovereign entity or a municipality or the construction or reconstruction provided for in this Agreement, and subject to performance by Lessee of its obligations herein. 21. Cancellation bV Lessor - If any of the following events occur, the Lessee shall be deemed to be in default of its obliga- tions under the agreement, in which case Monroe County shall give the Lessee notice in writing to cure such default within thirty (30) days, or the concession will be automatically cancelled at the end of that time and such cancellation will be witholit forfeiture, waiver, or release of the County's right to any sum of money dlle pllrsuant to this agreement for the full term hereof: (a) if by order or decree of a court of competent jurisdiction, an order shall be made approving a petition seeking Lessee's reorganization, or the readjustment of its indebtedness under the law of any state, territory, or possession of the United States or lmder the law of any other state, nation, or govern- ment, provided, that if any 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; (b) if by or pursuant to any order or decree of any court of governmental authority, board, agency, or officer having juriSdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all 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; (c) 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 (39) days following receipt by Lessee of written demand from Lessor so to do; 15 (d) if Lessee defaults in fulfilling any of the te~s, covenants, or conditions required of it hereun- der and fails to remedy said defa\llt within thirty (30) days following receipt by Lessee of written demand from Lessor so to do, or if, by reason of the nature of such default the same cannot be remedied within thirty (30) days following receipt by Lessee of written demand from Lessor so to do, then, if Lessee shall have failed to commence the remedying of such default within said thirty (30) days following such written notice, or having so commenced, shall fail thereafter to continue with diligence the curing thereof. (e) If the Lessee shall desert or abandon the premises for seven (7) consecutive calendar days; or (f) 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; or (g) If the Lessee shall fail to pay any tax, assessments, utility rent, rate, or charge, or other governmental imposition, or any other charge or lien against the premises leased hereunder within any grace period allowed by law, or by the governmental ~lthority imposing the same, during which payment is permitted without penalty or interest, or fails to remit to Lessor any sales or use tax; however, in complying with this subparagraph the Lessee does not waive his right to protest such tax, assessment, rent, rate or charge; or (h) If the Lessee fails to provide service as required by specifications on five days during any thirty day period, unless such failure is caused by an act of God, national emergency or a labor strike of which the Lessee has given the County immediate notice, the concession may be cancelled within thirty days of the giving of notice by the County and the Lessee shall not be permitted to cure such default. 22. Additional Remedies - In the event of a breach or a threatened breach by Lessee of any of the agreements, terms, covenants, and conditions hereof, the COllnty shall have the right of injunction to restrain the same. and the right to invoke any remedy allowed by law or inequity, as if specific r~medies, indemnity or reimbllrsement were not herein provided. 16 The rights and remedies given to Monroe County are distinct, separate and cumulative, and no one of them, whether or not exercised by the County, shall be deemed to be in exclusion of any of the others herein or by law or in equity provided. No receipt of monies by Monroe COllnty from Lessee after the cancel- lation or termination hereof shall reinstate, continue or extend the term, or affect any notice previously given to Lessee, or operate as a waiver of the right of the County to enforce the payment of rentals and other charges then due or thereafter falling due, or operate as a waiver of the right of the County to recover possession of the premises by suit or otherwise. It is agreed that, after the service of notice to cancel or terminate as herein provided, or after the commencement of any proceeding, or after a final order for possession of the premises, the County may demand and collect any monies mle, or thereafter falling due, without in any manner affecting such notice, proceeding, or order; and any and all such monies and occupation of the premi- ses, 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 laws of the State of Florida, Lessee will pay any reasonable attorney's fees incurred if the County prevails in the enforcement of the agreement, regardless of whether or not a lawsuit is filed, including but not limited to all costs and attorney's fees incurred in collecting, trial, bankruptcy or reorganization proceedings or appeal of any-_matter hereunder and all cost, charges and expenses incurred herein. 17 23. Cancellation by Lessee - Lessee shall have the right, upon written 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 event or events is then continuing: (a) the issuance by any court of apparent compe- tent 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 pre- venting 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's operations on the Airport, which remains in force unvacated or unstayed for a period of at least one hundred twenty (120) days; (b) the default of Lessor in the performance of any of the terms, covenants, or conditions re~lired of it under this instrument and the failure of lessor to cure such default within a period of thirty (30) days following receipt of written demand from Lessee so to do, 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 def~llt within said thirty (30) days following receipt of such 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, reglllation, or other action or non-action of any Governmental authority, board, agency or officer having jurisdiction thereof, except when the inability to conduct business is due to the construction or recon- struction of the terminal faCilities; (d) if the fixed improvements placed upon the demised premises are totally destroyed, or so exten- sively 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 shall be apportioned betw~en 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 18 Lessee recel.vl.ng 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 prompt- ness, and shall be entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which event this Agreement shall not be cancelled but shall continlle in full force and effect, and in such case any excess thereof shall belong to Lessee; (e) in the event of destruction of all or a material portion of the Airport or the Airport facil- ities, or in the event that any agency or instnDDentality of the United States Government, or any state or local government 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 pllblic, or a limitation of the supply of automobiles or of automotive 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'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 a automobile rental conces- sion at the Airport is withdrawn, cancelled, terminat- ed, or not renewed by Lessor; (g) 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 form the Airport; or, (i) 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 (3) road miles distant from its present location. 24. Lessee's Reserved Rights - Nothing contained ._in this Agreement shall limit or restrict in any way such lawful rights as Lessee may have now or in the future to maintain claims 19 against the federal, state, or municipal government, or any ~- department or agency thereof, or against any interstate body, commission or authority, or other public or private body exercis- ing governmental powers, for damages or compensation by reason of the taking or occupation, by condemnation or otherwise, of all or a substantial part of the demised premises or of all or a materi- al part of the Airport with adverse effects llpon Lessee's use and enj oyment of the demised premises for the purposes hereinabove set forth; and Lessor hereby agrees to cooperate with Lessee in the maintenance of any just claim of said nature, and to refrain from hindering, opposing, or obstructing the maintenance thereby by Lessee. 25. Assignment and Sllbletting - It is expressly agreed and understood that any and all obligations of Lessee hereunder may be fulfilled or discharged either by Lessee or by a Licensee member of Budget Rent A Car Corporation, and that any and all privileges of every kind granted Lessee hereunder extends to any Licensee appointed; provided, however, that notwithstanding the method of operation employed by Lessee hereunder, Lessee always shall continue to remain directly liable to Lessor for the performance of all terms and conditions of this Lease. Except as hereinabove set out, the premises may not be sublet in whole or in part, and Lessee shall not assign this agreement without prior written consent of Lessor, nor permit any transfer by operation of law of Lessee's interest created hereby, other than by merger or consolidation. J"' 20 26. Other Use - Lessee shall not use or permit the llse of the demised premises or any part thereof for any purpose or use other than as 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 sub-contractors upon the demised premises or arising out of or because of the performance of any work or labor upon or the furnishing of any materials for use at said premises, by or at the direction of Lessee. 28. Time - In computing Lessee's time 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 jurisdiction, or other causes beyond Les- see's control. 29. Paragraph Headings Paragraph headings herein are intended only to assist in read identification and are not in limitation or enlargement of the content of any paragraph. 30. Notices - Any notice or other communication from either party to the other pursuant to this Agreement is sufficiently given or communicated if sent by registered mail, with proper postage and registration fees prepaid, addressed to the party for whom intended, at the following address: .- 21 For Lessor: -- Board of County Commissioners of Monroe County P. O. Box 1680 Key West" Florida 33040 For Lessee: Budget Rent A Car Systems, Inc. 4225 Naperville Road Lisle, IL 60532-3662 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. 31. This Agreement contains the entire agreement between the parties and cannot be changed except by a written instrument subsequently executed by the parties hereto. This Agreement and the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors, and assigns of both parties. IN WITNESS WHEREOF, the parties have caused these presents to be executed by their respective officer or representative thereunto duly authorized, the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By ~ f-. lJui.~ eputy Cl..er BOARD OF COUNTY COMMISSIONERS OF MO COUNTY, FLORIDA ~ (SEAL) AByttes~. ~r / Cda {h~ Title: A-~t;+ C;er re.+o::lC(j- airiiibudget ,..OP.'7'" ._~_. .-: ~ - . -.. ~~.~_.- .:' . ." ., ..- .~ ,'.", .... /'-/-1 ~'." . " BUDGET RENT A CAR SYSTEMS, INC. .By ~ t ~ 4'\"\ Title V.- \,.t-~~,.:\~,,-\,,-~ 22 - :~~ 's ~ ~.,-~ 1 ,.,~ ~ ~ " . ~ "1_ ._ [Ifl":,' -..... -- i --'~T'lrJ11::f- " -- -.-.-. - t ~" I -.::- '-__~ t U I 1,1 . l~-= R_ _ '- -1/,___._ . e--- ~ __....,. N .., .... r\. ," ~ ,I i . 1- ~.__ . . 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"J\.... ~S)".h ':" i" ~~~;,_I-+-_~....:..~... ~ ~" '":..:'/;'(.>:)\ . .,' \ t Ill!) ~iillf "1 '-,'.';' ". ':0-: ~~f- I. ;:-.... < "-'<& .' / ~~ ~~~ P. " I '. .'ip.... ',;..".. "-f- i.. ;\. ., Ili.i. / . .. · "Il~ , .c:~:J ',.., .;...,.:. bi"'. ........ .... ,. ~~I!:~ i'.!.il.'iLlI!~1l ;~..,';..... '. ti'A' .. .. \ -I: ~~ ;~(;1!l1 17..~" I,.:. I ,~ 111\\.,:..:;;~:. ;"~'" , I., , .. , ' " ; ~ ~'f, ~lil...: ....., . . :1 ~:' lit" ,. r- \ h .,....-.--...., ~~I ~~ . ~'1 , ~~~ ~"'~ ''II'' ~\lI~ h ti~ ~~~\:~ ~~~~~ ~ ~~~ l/I:!l",~ ~~t)'~~ ~ '1~ ~l ~~~~ 1111'1. ~~ r~~~ ~ \ ,. '1~- - ... III . "'~ R ..: 1-4 D:l t::I 0) EXHIBIT ItC" (INSURANCE SCHEDULES - GL3, VL3 & WC3) ,.., ^rril 22. '9'J.1 ,.. "ri"tine ~. GENERAL LIADn..JTY INS.URANCE REQUIREMENTS FOR r " CONTIL\CT . DmVEEN MONROE COUNTY, FI..ORIDA AND ,. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Uability Insurance. Coverage shall be maintained throughout the life of the contract and include. as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Uability · Expanded. Definition of Property Damage The minimum limits acceptable shair be: SI,ooo,ooo Combined Single Limit (CSL) Ifsplit limits are provided, the mininwm limits acceptable shall be: S 500,000 per Person S 1,000,000 per Occurrence S 100,000 Property Damage An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include co~e for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve ' (12) months following tbeacceptance of work by the County. . The Monroe County Board of County Commissioners shaJJ be named as Additional Insured on all policies issued to satisfY the above requirements. " JA ..... ~rati..~_ '4709.1 GL] 56 ~ 4.. , "'- I.. l'rinIinc r ~. VEIIICLE LIADU,ITY INSURANCE REQUIIIEMENTS FOR CONTRACT -- - DET\VEEN MONltOE COUNTY, Fl.Oltll)A AND - Rccogni7jng that the work governed by this contract requires the use ofveilicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insura,nce. Coverage shall be maintained throughout the Jife orthe contract and include, u a minimum, liability coverage for= · OwnecL Non-Owned, and . Jired ,Vehicles , ' .' The minimum limits acceptable shaU be: SI,ooO,OOO Combined Single Limit (CSL) Jf split limits are provided, the minimum Jimits acCeptable 511811 be: " " S 500,000 per Person Sf ,000,000 per Oc:cum:nce S 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 requircmenu. , . .; - ~'~~'. ,- ~M ........1.. 1470'-1 VLJ . 77 '-.~, "'. ~ ....',~._.., -.- :'. ~'-, :.". ~. ._-.. -~. -... . .:...-..:.......,.,....r;.:.- :.~~~'"!-~_::J.:_ ~40~'_.:. .,". . -: ~, ~~ .-T;'... '- l"'I'rjq",,~ p WOI{KERS' COMPENSATION INSURANCE nEQUIREMI~NTS FOR ... CONTRACT ~ - BEnvEEN MONROE COUNTY, FLORII)A AND Prior to the commencement of work govern'eeI by this contract, the Contractor shall obtain Workers' Compensation Insurance with lirnits sufficient to respond to the appUcable state statutes. In addition, tIle Contractor shall obtain Employers' Uability Insurance .with limits of not less tllan: . . :. . . ,. Sl,ooo,OOO Bodily Injury by Accident $1,000,000 BodiJy Injury by Disease, policy limits SI,ooO,ooO Bodily Injury by Diseas~ each employee . Coverage shall be maintained throughout the entire term of the contract. Coverage shaH be provided by a company or companies authorized to transact business in the state of FJorida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. .:.. t ~ . , rrthe Contractor has been approved by the Florida's Department of Labor. as an aullJOri7.ed self- illlUreI', the Counly shaD recognize and honor the Conlraclor's alalus. TIle ConIl'llClor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance. providing details on the Cont~tor's Excess Insurance Program. If the Conlm:lor participales in a self-insurance funcl, a Certificate orrnsurancc wl1l be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. -"" ~....iwt"'ruct.. '''709.1 WC) 11 ~~,.. .... ",-c. ...."".- -'~.~ ..c;- - W1\lVER NO) HOLD "MRML!SS ~ SYSTEMS, INC. 'h9> The BUDGET RENT A CAR ~I~, lirccnslde~ation for the Lassor Monroe County'. executlo~.' f · the Lease Agreement between; BUDGE SYSTEMS, INC. RENT A C1\R.~ tho county for spaoe at Key West International Airport, and despite the pending lawsuit of Rent A car v. Monroe county, c... NO.z 94-6S..CA-18 ln the Avis - 16th Judicial clrcuit of the State of Florida, which challenges Lessor Monroe county'. authority to enter lnto the above-d..cribed Lease, does, in the event of . judgment adverse to Lessor Monroe County in Avis Rent A Car v. Monroe County. bereby va! ve, and hold harmles. LeS80l' ~Ccunty from any aM all claims BUDGET SYSTEMS, INC " RENT A CAR ~ c a.a.~" against Le..or Monroe County arising out of such adverse judgment. DONE AND BXBCU'.rBD on th18 the 28th day of pebruary, 1994, 'at Lisle Illinois . 11-,_ e. ~ James E~anila. VI ~if1cor author zed by the Corporato Cbartar or By-Lawa to Enter into BindinQ Agreement. of this Type - :.-