Item S07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
REVISED
Meeting Date:
March 20, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of agreement to settle outstanding claim against Enterprise Leasing
Company for underpaid commissions on car rentals at Marathon Airport.
ITEM BACKGROUND:
Due to a difference in interpretations of contract language, Enterprise paid
commissions to County on only a portion of the rentals for which commissions should
have been paid. More than a year in discussions, computations and meetings, has
resulted in the proposed agreement.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY:
County Attorney. OMS/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVA~ __~
JA . HE CK
DOCUMENTATION: Included 0 To Follow Not Required 0
AGENDA ITEM #
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AGREEMENT
THIS AGREEMENT is made and entered into the
between Monroe County (hereinafter County) and Enterprise
Enterprise), a Florida corporation.
day of March, 2002, by and
Leasing Company (hereinafter
WHEREAS, the parties hereto did on January 17, 1996, enter into a lease and concession
agreement for use of space at the Marathon Airport; and
WHEREAS, the agreement was amended on January 19, 2000, to extend through November
14,2004; and
WHEREAS, communications between personnel for the two parties resulted in payment over
a number of years in amounts less than the County determined to be due and owing; and
WHEREAS, the parties wish to resolve the disagreement in an amicable manner and continue
the lease agreement; and
WHEREAS, the parties recognize the uncertainty and expense involved in litigating this
issue; now, therefore
IN CONSIDERATION of the promises contained herein, the parties do agree as follows:
1. Enterprise, without acknowledging liability or responsibility, shall pay to County the
sum of $100,000 in satisfaction of all amounts which County claims to be due and owing from the
inception of the lease through June, 2001.
2. County shall forever waive and release Enterprise from all claims hereunder and shall
hold Enterprise harmless for any amounts in excess of the $100,000 for the time period between
the inception of the underlying lease dated January 17, 1996, as amended on January 19, 2000,
through June, 2001.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest:
ENTERPRISE LEASING COMPANY
By
By
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