Item C12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 7/15/03
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of amendment to rental car concession agreement for Dollar Rent a Car facilities
at the Key West International Airport.
ITEM BACKGROUND: Approximately $500,000 in Capital improvements and repairs are needed for the property the
Airport owns, and is currently leasing to Dollar Rent A car. Dollar has agreed to perform those improvements and repairs
at no cost to the County, in exchange for an extension of their leasehold.
PREVIOUS RELEVANT BOCC ACTION: Approval to negotiate extension to concession agreement, 1/15/03. Approval of
current concession agreement dated 7/7/89, and service facility lease, 9/15/87.
CONTRACT/AGREEMENT CHANGES: Extends term for ten years, addresses adjustment to the rental rate, and
describes capital improvements to be provided by Dollar.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: - $217,813.17
APPROVED BY: County Attorney X
OMB/Purchasing X Risk Management X
DIRECTOR OF AIRPORTS APPROVAL
14:;11
eter J. tiorton
DOCUMENTATION: Included ~/
To Follow
Not Required
AGENDA ITEM #
c:;:!-- /J
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Dollar Rent A Car
Effective Date: 7/1/2004
Expiration Date: 6/30/2014
Contract PurposelDescription: Amendment to Rental Car Concession Agreement for Dollar Rent A Car, at the
Key West International Airport
Contract Manager: Bevette Moore
(name)
# 5195
(Ext.)
for BOCC meeting on: 7/15/03
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 6/30103
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? N/A
Grant: N/A
County Match: N/A
Current Year Portion: N/A
Account Codes: N/A
Estimated Ongoing Costs: N/A
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Airport Manager i12r 1.a3
Risk Management L; ~ 103
O.M.B./Purchasing :J.j!- ![);-:,
) (')4
( ) (v-]'
( ) (~
( ) ( )
County Attorney _/~_
Comments:
Reviewer
Date Out
-1J -Z.J 03
ZJ!00.
V3/t'-~
L/'J- 1::3.
AMENDMENT TO RENTAl. CAR CONCESSION AGREEMENT
THIS AMENDMENT AGREEMENT is entered into this 15th day of July, 2003 by and
between Monroe County, a political subdivision of the State of Florida (County) and Dollar Rent A
Car - Florida (Dollar).
WHEREAS, the County is the owner of Key West International Airport (KWIA);
WHEREAS, Dollar is, and has been, a tenant at KWIA sInce 1987 providing the traveling
public with rental vehicles;
WHEREAS, the concession agreement between the parties will expire on June 30, 2004:
WHEREAS, the lease between the parties for the service facility dated September 15,
1987, will also expire on June 30, 2004;
WHEREAS, in consideration for a 10 year extension of the concession agreement and
service facility lease, Dollar will undertake certain capital improvements at KWIA that benefit the
County, the public using KWIA and Dollar; and
WHEREAS, the County desires to extend the term of Dollar's concession agreement and
service facility lease by an additional 10 years; now, therefore
In consideration of the mutual covenants and promises set forth below, the County and
Dollar agree as follows:
1. The concession agreement between the parties dated July 7, 1989, as amended on
January 3, 1989 and September 24, 2000, hereafter original concession agreement, is attached to
this amendment agreement as Exhibit A and made a part of it. The service facility lease
agreement between the parties dated September 15, 1987, as amended on October 16, 2002,
hereafter the original service facility lease, is attached to this amendment as Exhibit B and made a
part of it.
2_ Dollar, at its own expense, agrees to construct the following on its leased premises
at I(WIA; drainage and paving; restroom upgrade; fencing replacement and auto gate; and
landscaping. The improvements are more particularly described on Exhibit C which is attached to
and incorporated into this amendment agreement. The improvements described in this paragraph
and in Exhibit C must be completed by June 30, 2004, unless the time for completion is extended
by the KWIA Director for reasons beyond the control of Dollar.
3. The/ease terms of the original concession agreement and the original service facility
lease are hereby extended until June 30, 2014.
4. Paragraph 3(a) of the original concession agreement is amended to read:
3. a) Rental ra~e for the counter space of 108 square feet is $25.06 per
square foot, which is $2.706.48 per year or $225.54 per month for July 1, 2004 -
June 30. 2005. Rental rate for office space of 110 square feet is at $17.88 per
square foot, which is $1,966.80 per year or $163.90 per month for July 1. 2004 -
June 30, 2005. The rental rate for upstairs office space of 140 square feet (Room
209) is $17.88 per square foot, which is $2,503.20 per year or $208.60 per month
for July 1, 2004 - June 30, 2005. Thereafter, the counter rental rate and the
rental rate for the office spaces will adjust annually, effective July 1 of each year,
by Q percentage equal to the percentage increase in the CPI for urban consumers for
the preceding calendar year. In the event ot a deflationary CPl, no adjustment in
the rental rates will be made. The rental payments are payable in advance on or
before the first business day of each month if paid monthly or on or before the first
business day of July if paid annually. Dollar shall be responsible for any sales or use
taxes assessed on the lease rental payments.
5. Paragraph 3 of the original service area lease is amended to read:
3. The monthly rental tor the period July 1. 2004 - June 30, 2005 is $4562.94
per month. payable in advance on the first business day of each month. Thereafter, the
service area rental rate will adjust annually, effective July 1 of each year. by a percentage
equal to the percentage increase in the CPI for urban consumers for the preceding calendar
year. In the event of a deflationary CPI, no adjustment in the rental rates will be made.
Dollar shall be responsible for any sales or use taxes assessed on the lease rental payments.
6. Except as set forth in this amendment, all other terms and conditions of the original
concession agreement and the original facility lease remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
Deputy Clerk
Moyor /Chairman
(SEAL.)
Attest:
DOL.LAR RENT A CAR - FLORIDA
By
Title
By
Title
J'airOoIIar .7.03
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EXHIBIT 'A'
AMENDMENT TO RENTAL CAR CONCESSION AGREEMENT
THIS AMENDMENT to a rental car concession agreement is entered into by and between Monroe
County, Florida (Lessor) and Dollar Rent A Car Systems, Inc. (Lessee). Copies of the original car concession
agreement between the parties dated July 7, 1987, as amended by the addenda dated November 3, 1987,
and January 3,1989, (collectively, the original agreement) are attached to this amendment and incorporated
into it.
In consideration of the mutual covenants and promises set forth below, the Lessor and Lessee agree
as follows:
1. Pursuant to Paragraph 3 of the July 7, 1987 agreement, the rental rate for the Lessee's
counter space and office space are established as:
a) Counter space - 108 square feet at $22.25 per square foot, which is $2,403.00 per year or
$200.25 per month.
b) Office space - 110 square feet at $15.88 per square foot, which is $1,746.80 per year of
$145.57 per month.
c) Upstairs office space - Room 209 - 140 square feet at $15.88 per square foot, which is
$2,223.20 per year or $185.27 per month.
The parties acknowledge that occupation of the premises described above began on July 1, 1999.
2. The rates set forth in paragraph one are in effect from January 1, 2000 through December
31,2001, at which time the rates will again be adjusted as provided for in paragraph 3(a) of the July 7, 1987
agreement.
3. The premises as depicted in the original Exhibit A are hereby modified to that depicted in
the new Exhibit A which is attached and incorporated herein.
4.
Except as provided in paragraphs one, two, and three of this amendment, in all other respects
. ,conditions of the original agreement remain in full force and effect.
~~
,(/
~. ~\<ESS WHEREOF, the parties hereto have set their hands and seals this 2f.- day of
r-) , 2000.
BOARD OF COUNTY COMMISSIONERS
~ECOUNTY'~RIDA. -
,e In [
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- \~ (_\/:::..--J
U Mayor/Chairman '-- (j
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(SEAL)
Attest:
By ~j~~ >~~ ~
Title - ~~~ ;arwnan
jdair'doJ:ar
By
Title
8~
ADDENDUM TO RENTAL CAR CONCESSION AGREEMENT
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THIS ADDENDUM is entered into this ..B ,... "-: day of
Jc..""l.\.o..,..~ , 1989, by and between MONROE COUNTY, a
political subdivision of the State of Florida, as LESSOR, and
Sundance Carriage Corp., d/b/a DOLLAR RENT A CAR OF KEY WEST, as
LESSEE, in order to amend that certain Rental Car Concession
) I
Agreement. entered into by the partiea, and dated September 15, '
1987, a copy of which agreement i, attached to (and made a part
of) this Addendum.
The parties hereby amend the Agreement dated September 15,
1987, by adding to that Agreement the following new paragraph lA,
icoediately following existing paragraph I, and immediately
preceding ey.isting paragraph 2.
lA. Additional Premises - LESSOR hereby leases to LESSEE an
area for use as office space, consisting of One hundred ahty
(1601 square feet, in a location as agreed upon and designated by
the parties.
The rent for this space shall; be nine dollars and
($9.14) per square foot per iyear, or a botal of
fourteen cents
I
one thousand, four hundred sixty-two dollars and forty cents
($1,462.40) per year.
be
paid
in
equal . monthly
This rent 'for this additional space shall
installments,
due
an.~
..
advance, on the first day of each calendar month, or on Such
other da te as the parties may, in \."ri ting, agree. The LESSEE
'hall be responsible for, and ,hall pay for, electricity supplied
,-
to this additional Space. The lease of this additional space
shan c_ence. and beeOlBe e~ fee t i ve , as 0 f Augus t -I , 198 B ,
notwithstandin~ the fact that the parties may execute -this
I
addendum on a later date. The lea.. of this additional 'ps"
shall continue, from month to month, until the earlier of (11 the
-. .'.~.J :-..
I . ,., , I
termination of the Agreement dated September 15, 1987, or (21 an
agreement, in loI'riting, by the parties to terminate the lease of
this additional space. To the extent that they are not inconsis-
tent with the terms of this paragraph, the terms and conditions
..
payable,
in
of all other paragraphs in the Agreement dated September 15,
1987, shall apply to the additional space leased pursuant to this
.,'.
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EXHIBIT 'A'
KEY WEST INTERNATIONAL AIRPORT
TERMINAL BAGGAGE CLAIM AREA
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I BAGGAGE_Y ~D I
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DEPLANING
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THIS AGREEMENT, made and entered into this ~ day of
J\lI~ 1987, by and between Monroe County, a
a political subdivision of the State of Florida (hereinafter
called "Lessor"), and Sundance Carriage Corp. d/b/a Dollar Rent A
Car of Key WeSt, qualified to do b~siness in the State of Florida
(hereinafter called "Lessee");
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) I 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
rhe 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
murual covenants and promises hereinafter contained, the parties
hereto do hereby agree as follows:
1.
Premises
Lessor hereby leases
to Lessee fo~ its
,
non-exclusive use the rental car counter located in the airline
rerrninal Key West, Monroe County, Florida, said counter contain-
ing 70 square feet, to be replaced by a new 288 square foot
counter/back office area as shown on Exhibit A, attached hereto
and made a part hereof; and in addition thereto, hereby provides
I
30 ren~al car ~eady spaces as reflected by the attached Exhibit B
.... ...:::. ~~
1n area designated "Rental Car Ready Area".
2. ~ - This Agreement is for a term of five years,
commencing October 15, 1985.
/.l,..,..hl - ~N-;"",-: J./~L.J./.. '''''-fll,,,,e; rof'l'~
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;,na l.l. pay cc Les SOl:" for che use and occupancy of said
Basic Premises and for che 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 following ratp.~:
Key West International Airport - Sll:12/sq.ft./annum.
Counter rental space includes:that space physically
enclosed by the counter, side partitions and back-
wall.These rates, which are currently equal to the
airline rental rate for publicly "exposed space, will be
adjusced 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 1984 airline terminal
operating, maintenance and allocated administrative
costs accounted for S7.09 of the $11.12 rate at Key
West. The biennial adjustment will equal the actual
percentage increase, not to exceed 107., in the operat-
ing, maintenance and administrative components of the
floor rental rates.
(~) Readv Spaces: No charge.
(c) Concession Fee: Guaranteed minimum annual conces-
sion fee for each contract year of the 'five (5) year
term of this concession agreement s~all be in th~
following amounts: '1/.?1
I
For the First year of said term: S17,748.00
" " " ., 7/ (/=P
For the Second 18,252.00
For the Third " " " " 37,500.00 ,1/~'l
For the Fourth " " " " 38,496. 00 ~ 7/ 9 c
I 39,504.00 J 1/ yo I
For the Fifth " " " "
The Lessee agrees to pay monthly ten (10) percent of
gross revenues for the previous month or one twelfth
(1/12) the guaranteed annual minimum, whichever is
greacer. In the event, the total amount paid during
anyone year period, under this method, exceeds ten
2
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.
(d) Rebatement Program. The rebatement program, along
with the. payment procedures for Counter Rental ard
Concession Fees must be reported as indicated on
"Exhibit C" attached hereto.
A performance bond in the amount of $25,000 (twenty five thou-
sand dollars) shall be provided the Board of County Commission-
ers and shall he held in escrow as security to ensure confor-
mance 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
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 ~nd
credit, in its monthly gross receipts statement.
5. 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. general-
ly accepted as standard to the autDmobile rental industry
located on airports. Lessee agrees to operate its business upon
the airports so that a duplicate rental agreement invoice,
serially pre-numbered, shall be issued for each sale or trans-
action whether for cash or credit. Lessee further agrees that
it will mak~ available to Monroe County, a full and complete
book of accounts and other records required by the Coupty to
3
,tions under the provisions hereof. The County, acting through
- -- ~.. L~Venues perta~ning to its opera-
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. Know-
ingly furnislling the County a false statement of its gross sales
under the provisions hereof will constitute a default by conces-
sionaire 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 in the
preceding calenda~ year, or in the event that (2) in the opinion
of the Board of County Commissioners, the operation of .Lessee's
car rental business at the 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 Lessee'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 Lessee, such diminution to
be satisfactorily demonstrated by Lessee to the Board of Cou~ty
,
,
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 airport ten (10%) of gross receipts from the operations
hereunder as hereinbefore defined.
/
7. Rental Reimbursement - In consideration for the
back office area which shall mean outside walls, interior
counter/office area and the construction of the new counter and
concessionaire paying for the demolition of the existing rental
counter shell and supporting back office wall, connecting doors
and the pav1ng of the rental car ready area at Key West, which
the County acknowledges is its responsibility, the monthly
4
_H_ ___H_J ~U /-'''',- L.1l1.S agreement wi1: be usee to
'offset the amount paid by the concessionaire to independent
contractors for work actually performed on the counter office
area at Key West including materials furnished or labor perform-
ed in connection therewith. The County will contract for the
paving of the rental car ready area. Minimum annual guarantee,
,
percentage fee and square footage rental rate will be fully
abated until the concessionaire's prepayment of the construction
cost of the ready car area paving and rental counter/back office
area are recovered. The concessionair.e shall cause the keeping
of records that will clearly distinguish between cost associ-
ated with the construction of the counter shell and leasehold
improvements. The cost of construction will be shared by all
concessionaires equally.
8. Investment bv the Lessee - All leasehold improvements
and their titles shall Vest immediately in Monroe County upon
their acceptance by the County. Furniture, furniShings. fix-
tures and equipment will remain the personal property of conces-
time, or in the event the County does not purchase same.
provided all its accounts payable to the County are paid at that
sionaire and may be removed upon termination of the agreement,
9. Leasehold Improvements - Lessee has the right during
the term hereof, at its own expense, at any.time from time to
time:
to inStall, maintain, opprate, 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 hall be and remain
the property of Lessee and may be removed by Lesse~
I
prior to or within ~ 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 othPor 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
5
-- ---.. ._.,,_...~ "lia.l.1. De deemed at>andonec 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,
conduits, service connections, receptacles or lighting fixtures
a ttached to walls, partitions, ceilings, 'or floor, all interior
,
finish to floors, walls, doors, windows or ceilingsj and all
floor treatments or covering, other than carpeting, that is
affixed to floors; sanitary disposal lines and sinks, commodes,
.
and garbage disposal unitsi all heating, air treatment or ven-
tilating distribution systems, including pipes, ducts, Vent-
hoods, air handling units and hot water generatorSj and all
refrigerator rooms or vaults and refrigerated waste rooms includ-
ing refrigeration or ventilating equipment included with same.
classified as leasehold improvements above shall be the personal
Any furniture, fi~tures, equipment, carpeting and draperies not
property of the concessionaire.
10. Damage anc Iniurv - Lessee covenants, that it and all
of its agents, servants, employees, and independent contractors,
will use due care anc diligence in all of its activities and
operations at the airport(s) 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 agent~, 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 provisions hereof, or is provided by the
concessionaire under any provisions hereof, or is provided by
Monroe County (except subrogation rights of the County's carrier)
I
concessionaire shall pay, on behalf of the County, all sums which
the County shall become obligated to pay by reason of the liabil-
ity, if any, imposed by law upon the County for damages because
of bodily injury, including damages for care and loss of service,
including ~eath 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
6
l.lIe act:~vicies, omission, or operations of the concessionaire,
its agents. servants, or employees on the airports.
II. Other Development of Airport - Monroe County reserves
the right to further develop or improve the landing area of the
airports 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 and direct routes of ingress and
egress to the premises.
12. Terminal Area Planning - Lessee acknowledges that
Monroe County has Master Plans including terminal area revisions.
Lessee hereby agrees to cooperate to the fullest with the County,
especially in those areas of terminal improvements which may at
some time cause relocation of rental car faCilities. The County
will provide space for rental car facilities in any new terminal
area. COSts for relocation will be borne by the County.
13. Utilities - Electricity and water will be supplied to
the leasehold area by the Lessor. A monthly fee will be charged
for the use of a trash dumpster which will shared by all airline
terminal tenants.
14. Lessee's Obli~ations - 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 pay all charges for.the trash dumps~r assessed
.
to him;
(c) to make no alterations, additions, or improvements
to the demised premises without the prior written consent of
Lessor, which consent hall not be unreasonable withheld;
(d) to keep and maintain the demised premises in good
I
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 negli-
gence, riot. and civil commotion; excepted;
(e) to observe and comply with any and all require-
ments of the constituted public authorities and with all federal,
7
-----, vc ~oca_ scacutes, orcinances, regulations, and standards
'applicahle to Lessee or its use of the demised premises, includ-
ing, but not limited to, rules and regulations promulgated from
time to time by or at the direction of Lessor for administration
of the Airport;
(f) to pay all taxes assessed 'or imposed by any
governmental ~uthority upon any building or other improvements
erected or installed on the demised premises during the term of
this Agreement;
(g) 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 ~ike circumstances would insure similar proper-
ty, but in no event an amount in excess of Lessee's original cost
of constructing said fixed improvements; and,
of such persons, concessionaire shall forthwith take steps
Director of Airports concerning the conduct, manner or appearance
its officers, agents and employees, and any objection from the
(h) to control the conduct, manner, and appearance of
necessary to remove the cause of the objection.
15. Lessor's Inspection and Maintenance _ Lessor and its
authorized officers, employees, agent~, contractors, Bub-
.
contractors and other representatives shall have the right to
enter upon the demised premises for the following purposes:
(a) to inspect the demised premises at reasonable
intervals during regular business hours (or at any time
in case of emergency) to determine whether Lessee has
/
complied and is complying with the terms and conditions
of thiE agreement with respect theretol or
(b) to perform essential maintenance, repair, relo-
cation. 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
8
------ -- "~~C~~d~Y co 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 rehuilding, removing, relocat-
f
ing, pro.tecting 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 therehy, shall be borne
solely by Lessor.
16. Indemnification - Lessee shall indemnify and hold
Lessor forever ha~mless 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 i~ur-
.
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
I
action.
17. Liabilitv Insurance - The Lessee agrees to indemnity
and hold the County of Monroe free and harmless from any and all
claims, suits. loss or damage. or injury to persons or property
of whatsoever kind and nature in its operation, construction, and
maintenance"of this concession or in the exclusively occupied
area of the concessionaire.
9
and to the limits specified in paragraphs (1) through (4) inclu-
Th~ Lessee shall procure and maintain insurance of the types
sive be 10.....
The Lessee shall require each of his subcontractors to
procure and maintain, until completion or that subcon~ractor's
....ork, insurance of the types and to the limits specified in para-
graphs (1) through (4) inclusive below. It shall be the respon-
sibility of the concessionaire to ensure that all his subcontrac-
tors comply ....ith all of the insurance requirements contained
herein relating to such subcontractors.
B. COVERAGE
Except as other....ise stated, the amounts and types of insur-
ance shall conform to the follo....ing minimum requirements:
(1) Workmen~s compensation - Coverage to apply'for all
employees for Statutory Limits in compliance ....ith 'the
applicable state and federal la....s. In addition, the
policy must include Employers' Liability ....ith a limit
of S100,000 each accident.
(2) Comprehensive General Liability - Coverage must
include:
a. Minimum limits of SlOO,oOO per person
anc S300,oOO per occurrence for Bodily Injury
Liability and $25,000 for Property Damage
Liabili ty.
b. Premises and/or Operations.
c. Independent Contractors.
d. Products and/or Completed Operations.
e. Additional Insured - Monroe County is to
specifically be included as an additional
insured (including products).
(3) Business Auto Policy - Goverage must include:
a. Minimum Limits of S100,oOO per person and
$300,000 per OCcurrence for Bodily Injury
Liability and $25,000 for Property Damage
Liability.
b. Owned Vehicles.
c. Hired and Non-Owned Vehicles.
d: Employer Non-Ownership.
10
---~----~-~ V~ ~nsurance - Certificates of all
insurance required from the Lessee shall be filed with
the County. Certificates from the insurance carrier,
stating the types of coverage provided, limits of
lia~ility. and expiration dates, shall be filed with
the County before operations are commenced. The
require~ certificates of ins~rance shall not only name
the types of policies provided, but shall also refer
specifically to this contract and section and the above
paragraphs in accordance with which such insurance is
being furnished, and shall state that such insurance is
as required by such paragraphs of this contrnct.
If the initial insurance expires prior to the completion of the
contract, renewal certificates shall be furnished thirty (30)
days prior to the.date of expiration.
18. Non Discrimination - 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. Provided, 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 rent~l
.
car rates.
19. 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 County and
y any other proper authority having jurisdiction over the conduct
. I
of the operations at th~ 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
11
u - ------ w"UU.Lll ueeernune loae any contemplatec 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
will, as much as possible, be worked out between the parties
without the necessity to resort to further legal remedies.
20. Furnishing 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 avail-
able to the public and that he will devote his hest efforts for
the accomplishmen~s of such purposes.
21. 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 hy 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.
I
22. 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,
(9) throughout the 'term hereof Lessee may
have, hold and enjoy peaceful and uninter-
rupted possession of the premises and right~
herein leased and granted, subject to perfor-
mance by Lessee of its obligations herein.
12
occur, the Lessee shall be deemed to be in default of its obliga-
tions under the agreement, in which cas~ 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 he without
---.. Vy ~~~~ur - ~I any or the following events
forfeiture, waiver, or release o~ the County's right to any sum
of money due pursuant to this agreement for the full term hereof:
(a) if Lessee shall make a general assign-
ment for the benefit of creditors, or file a
voluntary petition in bank~uptcy or a peti-
tion or answer seeking its reorganization or
the readjustment of its indebtedness under
the Federal Bankruptcy Law~ or any other
similar law or statute of the United States
or any state, or government, or consent to he
appointment of a receiver, trustee, or
liquidator of all or substantially all of the
property of Lessee;
(b) if by order or decree of a court of
competent jurisdiction Lessee shall be
adjudged bankrupt or an order shall he made
approving a petition seeking its reorga-
nization, or the readjustment of its indebt-
edness under the Federal Bankruptcy Laws or
any law or statute of the Untied states or
any state, territory, or possession thereof
or under the law of any other state, nation,
or government, 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
hecome void and of no effect;
(c) if by or pursuant to any order or decree
of any court of governmental authority,
board, agency, or officer having jurisdic-
tion, 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 he 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;.
Cd) if Lessee fails t~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 so to do;
(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 so to do, or if, hy reason of the
nature of such default the same cannot be
remedied within thirty (3D) days following
13
----- v. wr~~~en oemand from
Lessor so' to do, then, if Lessee shall have
failed to commence the remedying of such
default within said thirty (30) days follow-
ing such written notice, or having so com-
menced, shall fail thereafter to continue
with diligence the curing thereof.
(f) If the Lessee shall desert or abandon
the premises for seven (7) consecutive
calendar days; or
(g) If the concession or the estate of ther
Lessee hereunder shall be transferred,
subleased, or assigned in any manner except
in the manner as herein permitted, or
(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 doeR not waive his
right to protest such tax, assessment, rent,
rate or charge; or
(i) I~ 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.
24. 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 the same anQ the right to invoke any
. .
remedy allowed by law or inequity, as if specific remedies,
inde~ity 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 hy the County, shall be deemed to be in exclusion of
I
any of the others herein or by law or in equity provided.
No receipt of monies of 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 th; County to
14
.agreed that, after the service of notice to cancel or terminate
as herein provided, or after the commencement of any proceeding,
or after n 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
.
-~ .....e jJ.reml.ses by suit or otherwise. It is
order; and any nnd 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 shalf be. brought in Honroe 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.
25. 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 usua!
airport purposes in its entirety, or the use
of any part thereof which may be used hy
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 thi~ 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 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;
15
- I
(c) the inability of Lessee to conduct its
business at the Airport in substantially the
same manner and to the same extent as there-
tofore 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 Governmental 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,
~he 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 improve-
.ments can be ~es~ored to their prior condi-
tion 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
cancelled but shall continue in full force
and effect, and in such case any excess
thereof shall belong to Lessee;
I
....
(e) in the event of destruction of all or a
material portion of the Airport or the
Airport facilities, or in the event that any
agency or instrumentality of the United
States Government, or any state or local
govern~ent occupies the Airport or a substan-
tial part thereof, or in the event of mili-
tary 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 feneral
public, or a limitation of the supp y 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 diminu~ion 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, Les-
see's presently existing right to operate a
!automobile rental concession at the Airport
is withdrawn, cancelled, 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 condemnatjon 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
16
- I
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
pres~nt location.
26. Lessee's Reserved Ri~hts - 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, st~te. 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 ~emised 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 herehy agrees to cooperate with Lessee in the maintenance
of any just claim of said natur~~ and to refrain from hindering,
opposing, or obstructing the maintenance thereby by Lessee.
27. Assi~nment and Sublettin~ - 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 Sundance Carriage Corp. d/b/a Dollar Rent A Car of Key
West, 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 ~o 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 shal~ not assign
J
this agreement without pr~or written consent of Lessor, nor
permit any transfer by operation of law of Lessee's interest
created hereby, other than by merger or consolidation.
28. 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 as authorized by this Agreement.
, ..
29. ~ -Lessee shall cause to he removed any and all
liens of any nature arising out of or because of any construCt_
performed by Lessee or any o~ its contractors or sub-contracto:
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.
30. !!!! - 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, Fede~al .or other Governmental department, boar
,
or commission having jurisdiction, or other causes beyond Les-
see's control.
31. 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.
32. 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:
For Lessor: Monroe County Board of County Commissioners
P. O. Box 1680
Key Uest, Florida 33040
For Lessee: Sundance Carriage Corporation
d/b/a Dollar Rent A Car
5012 U. Lemon Street
Tampa, Fl~rida 33609
or to s~ch other address as the party being given such notice
shall from time to time designate to the other by notice given in
accordance hereWith.
18
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
BOARD OF COUNTY COMMISSIONERE
OF MONROE COUNTY, FLORIDA
c1~OR~~
(SEAL) .
Attest :D.~ L. KOLHAGE, Clerk
'-I2.1i, ~..J1' I)~
SUNDANCE CARRIAGE CORPORATION d/b/a
DOLLAR RENT A CAR OF KEY WEST
By ~.~
(SEAL)
Attest:
~~
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-
Monroe County, Florida
Monthly Invoice and Rebatement Statement
Exhibit-i
For:
To:
Date:
Invoice ,:
Rental Car
Counter
I. Construction Prooram Information
Renta 1 Car
Ready ~
Tota 1
A. Current Month's Construction Cost- $
Note I
'B. Prior Months Construction Cost
C. Total to date--Construction Costs $
$
$
II. Contract Billing Information
~, Coun~er Rentel:
'J. Current Honth--
'o'f sQ. ft. times rate_"
'? Plus prior months rent
n. Total to date--Counter rental
B. Concess i on Fees:
1. JI12th of Guaranteed annual
,mi nimum .
7. IO~ of previous.month's gross
revenue
~. Greater of lines 1 or 2 above
4; Plus prior months concession
fees .
~ Total to date-concession fees
-
$
$
$
III. ~ Invoice Statement"
/fA. Counter Rental (Line II.A.3l
B. Concession Fees (line 11.8.5)
C. Cess construction costs{line I.C.'
D. Amount Due or <Amount of Rebate
Credit>
$
<
>
~ ~ Instructions
Note J.: Less~ must attach copies of paid invoices which agree with
copies of cancelled checks which when totalled agree with line I.A.
Instructions:
A. lessor--the firport Director is to complete all lines with the symbol.'.
and forward invoices to lessee within seven (7) days after receiving
prior month's Invoice and Rebat~ment Statement from the lessee.
B. lessee--wil1 complete all lines not coded with the symbol "'., and
forward along with payment no later than the last date of the month
preCeding the current month's invoice.
~ I
ADDENDUM TO AGREEMENT
THIS
;Joit.tI~ ~
first part
ADDENDUM TO AGREEMENT is. entered into this ~ day of
, 1987, by and bet~een Monroe County, party o.f the
and Sundance Carriage Corp. d/b/a Dollar Rent a Car of
Key West, party of the second part, in order to amend that
certain Rental Car Concession Agreement entered into by the
parties dated July 7, 1987, and the parties do hereby agree and
stipulate as follows:
1. That the commencement date of October 15, 1985, as shown
in paragraph 2 of the said Rental Car Concession Agreement, is
hereby extended to such time as the party of second part occupies
new, improved space as provided for by the Airport Manager.
2. In all other respects, said Rental Car Concession
Agreement dated Ju~y 7, 1987, shall govern and remains in full
force and effect.
IN WITNESS WHEREOF. the parties hereto have caused this
Addendum to Agreement to be executed as of the day and year first
above written.
MONROE COUNTY, FLORIDA
g~? .~
By Mayo~~~h; Board
of County CommissicD.e,t.2-. of
Monroe County. Florida
(SEAL)
Attest : DANNY L. KOLHAGE, Clerk
L21;. ~4d7.I)~
erK ~
J'.
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SUNDANCE CARRIAGE CORP., d/b/a
DOLLAR RENT A CAR OF KEY WEST
(SEAL)
Attest:
,Yeary
..
AP 'O~D~
At l a.,1i. SlJFF,. ICI ~C 71
.. t;;~::, a"Rtf
EXHIBIT 'B'
LEASE EXTENSION"AGREEMENT
DOLLAR RENT A CAR
THIS LEASE EXTENSION agreement is entered in and between Monroe County, a political
subdivision of the State of Florida. hereafter Lesso~ and ~eaT.flV'Lessee or
Concessionaire. Copies of the original agreement between the parties dated September 15, 1987, (the
original agreement) is attached to this amendment and incorporated
WHEREAS, the parties desire to extend the original agreement; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
1. Paragraph 2 of the original agreement is amended to read:
2. Term. This Agreement is for a term commencing on September 30, 2002 and expiring
on June 30, 2004.
2. Paragraph 3, is amended to read:
3. Rental. The monthly rental is $4,456.00, plus tax of $334.20 to be paid in advance on
or before the first business day of each calendar month of the term.
3. Except as set forth in paragraphs one and two of this lease extension agreement in all other
respects the terms and conditions.3.f the original agreement remain in full force and effect.
Yf
, : ',1'; ']:N ~IJNES~ WHEREOF, the parties hereto have set their hands and seals this /6 I day of
-- (_; / &.~,~A'~__ 2002.
, . )
.';
(SEAL)
A nEST: DANNY L. KOLHAGE, CLERK
a~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By J3brporson
(SEAL)
Attest:
\~\~~ A \.::~
Sccretary\..j
Vicki J. Vaniman
Secretary
OOLLAR RENT A CAR SYSTEMS, nlC.
By
iL~!t1 IJZ;;;;/r~ I
Jdair$X
Vice President
Dean W. Strickland
V.P., Properties & Concessions
A:PROV~f AS To FORM
AIRPORT SERVICE FACILITY,
LEASE
..
THIS AGREEMENT, made and entered into this tm- day of
~~,.......,,~ .. , A. D. 1987, by and between Monroe County, a
polltical subdivision of the State of Florid~ (hereinafter called
"Lessor"), and Sundance Carriage Corp. d/b/a Dollar Rent A Car of
Key West, qualified to do business in the State of Florida
(hereinafter called "Lessee");
~
WHEREAS, Lessor has granted to Lessee a non-exclusive right
to operate an automobile rental concession ~t and from Key Yest
International Airport at Key West, Florida' (hereinafter called
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the "Airport"); and
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WHEREAS, Lessor and Lessee desire, in connection with said
operations, to provide for the leasing by iLessor to Lessee of
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certain real estate on' the Airport for the establishment of
facilities for the maintenance, serviCing) storage, sale and
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disposal of Lessee's used rental vehicles and for other purposes
in connection with said operations, all as her~inafter more
specifically provided,
,
NOW, THEREFORE, in consideration of the 'premises and of the
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: ... ."
mutual covenants and promises hereinafter~ontainea, the parties
hereto do agree as follows:
,
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Premises - Lessor hereby leases: to Lessee for its
, I
exclusive use the real estate located in Monroe Courity, Florida,
said tract containing 23,421 square feet, land being d;~ignated
"Service Area" as shown on Exhibit "A" attached hereto and made a
part hereof; '. and in addition theretoj hereby grants a
non-exclusive easement for ingress and egress to said tract as
1.
reflected by the attached Exhibit "A" in area designated
"Easement for Ingress and Egress."
"
TO HAVE AND TO HOLD the said'premises (hereinafter sometImes
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called the i'premises" or "demised premises!') with the appurte-
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nances thereunto belonging, together with: all structures and
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improvements, if any, thereon' upon the terms and conditions
hereinafter contained.
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., Term This Lease ie for a tem of - fifteen ,ears I'
... -
". commencing ~, 1 98.!l-.
3. Rental - Lessee, for and during the tem hereof. shall
pay to Lessor for the use and oc~~pancy of said Balic Premises
and for the rights and privileges herein granted it at the
following scheduled rates:
First Five Years
15 cents per sq. ft. ~f the leased
area per year.
Total ~nnual rental $3.513.15
21 cents per sq. ft. of the leased
area per year.
Total annual r~ntal $4.918.41
Third Five Years 29.4 cents persq, ft. of the
leased area per year.
Total annual ~ental $6.885.77
. .', I
The annual rental shall be payable in equal monthly install-
ments in advance on or before the first 1)usine88 day of each
Second Five Years
calendar month of the term. Rental shall not be due. until
beneficial occupancy of the premise. or I one year Crom the
commencement of this agreement, whichever shall be first.
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4. Lessee's Improvements - Lessee shall have the right
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during the term hereof, at its own expense, rt any time from time
to time:
(a) to construct and install in and upon the
premises hereby leased, a building or buil4ings anc:l
.~ "
such other structures and faciH'ties as it may deeD:;
necessary or desirable for ~e storage, maintaining and _.
servicing of its vehicles hereunder and for such other
purposes as may be necessary or desirable in connection
- ~..
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with its operation at the Airport, provided, however,
that Lessee first shall submit'plans and specificationa
for all 'fixed improvements to the Board of County
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Commissioners for approval, which approval shall not be
unreasonably withheld. The term "fixed "improvements"
"
whenever used in this lease shall be construed to-
include all buildings and other structUres erected upon
the premises, all fencing, grading and surfacing with
stone and/or hardtop, all underground and overhead
wires, cables, pipes, conduits, tanks and drains, and'
2
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,
all property of every kind ana nature~ ezcludiDs trade
;
fixtures, which is 10 attached to i any buileting or
structure on the premises that lame may not be removed
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wi thout material injury to... laid property or to the
huilding or structure to which same Ihall be attached.
Upon expiration of this Agreement, t~tle to all fixed
improvements erected or installed by Lessee in or upon
the demised premises shall vest in Lelsor, excluding.
however. Lessee's trade fixtures and personal property,
as hereinafter provided.
Lessee shall commence
.. .,
construction of any fixed improvement I , to be erected or
installed by Lessee hereunder within a period of four
(4) months from and after the approval of the plans and
specifications therefor by or on behalf of Lessor. and
shall prosecute the work to completion with all due
diligence; and
!
(b) to install, maintain. operate. repair and re-
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place any and all trade fixtures and other personal
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property useful from time to time in connection with
its operations on the Airport, all of which shall be
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and remain the property of Lessee and 'may be removed by
Lessee prior to or within a reasonable ~ime aft!r
. , " ,
expiration of the term of this Agreement, provided,
however, that Lessee shaU repair any damage to the
premises caused by such remova~. The I failure ,to r~move
trade fixtures or other personal property sha1!~ not
constitute Lessee a hold-over, but 111 such property
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not removed within ten (10) days after Lessee receives
a written demand for such removal Ihall be deemed
abandoned and thereupon shall be the lole property of
Lessor. It is understood that. for purposes of this
,-
Articie, the phrase "trade fixtures" shall include, but
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shali not be limited to, any Sisnjs' electri'cal or
oth.rwi.., u..d to advertise Leaaee'. business in and
about the demised premises; all machinery and equipment
used in connection with the servicing 'of automotive
3
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vehicles in or about the c:lem:l.sed premia.a, whether or .
not such machinery or equipment ia bolted or otherwile
attached to said premises, any lift hoist. compressor
or other mechanical device used to service said
...
automotive vehicles, and all other miscellaneous equip-
ment, including, but not by way of liDdtatioD, air
,
conditioning equipment installed in OT placed on or
about the demised premises and used in connection with
Lessee's business therein.
5. Utilities - All utilities will be separately metered
and billed directly to Lessee. Lessor grants to tbe Lessee tbe
right of easement necessary to construct, install and maintain,
at the sole expense of Lessee, all necessary tap linea and
facilities to connect said tap lines to tbe'supply lines of the
Lessor and to receive all said utilities and serviee as
hereinabove provided.
6. Lessee's Obli~ations - Lessee covenants and agreest
(a) to pay the rent and other' charges herein
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reserved at such times and plAces as the iame are
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payable,
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(b) to pay all charges for wate~,
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power and sewage service consumed on
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premises during the term of 'this I
regularly established rates.
gas, electric
the demised
~ .'
agreement. at:
ec) to make no alterations, additions or
improvements to the demised premises without the prior
'-.
written consent of Lessor, which consent shall not be
unreasonably withheld, ~
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Cd) .'to keep and maintain the demised premises in
good condition, order and repair during the term of
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this Agreement, and to surrender the same upon' the
expiration of this term in the condition in which they
are requi~ed to be kept, reasonable wear and te~r and
damage by casualty, not caused by Lessee's negligence,
riot and civil commotion, excepted,
4
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(e) to observe and cbmply with any 8Ild .11
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requirements of the constituted public ruthoriti.. and
with all federal, state or local .tatuies, ordinances,
regulation. aud .taudsrd. app!icable tOI Lo.... for it.
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 admini- stration
of the Airport,
(f) 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
(g) 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, if 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 I s original cost of constructing said fixed
improvements.
7.
.
.~
Lessor I s lnsoection and Maintenance - Lessor and its
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authorized officers. employees,~ agents, contractors, sub-con-
and other representatives shall have the right to enter
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demised premises for the following purposes:
I ....""...
(a) to inspect the demised premises at reasonable
intervals during regular business hours (or at any time
tractors
upon the
in case of emergency) to determine whether Lessee has
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complied and is complying with the terms and conditions
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of this agreement with respect thereto 'I or ~
(b) to perform essential maintenance, repair,
relocation or removal of exiating ~derground and
overhead wire., pipes, drains. cables rnd conduits now
located on or across the demised premisea, and to
construct. maintain. repair, relocate and remove such'
5
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,
"
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facilities in tbe future if necessary to carry oUt tbe
master plan of development of the Airport, provided,
however, _ that said work shall in no event dlarupt or
unduly interfere with the gperations of tessee, and
provided further, that the entire cost of sueh 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.
8. Indemnification Lessee sball indemnify and hold
, ,
Lessor forever harmless from and against' all liabiU.ty imposed .
upon Lessor by reason of legal liability for injuries to persons,
,
or wrongful death, and damages to property caused by Leuee's
operations or activities on such premises' or elsewhere at the
Airport, provided that Lessor shall give Lessee prompt and'ttmely
notice of any claims made ag~inst Lessor which may result in a
judgment against Lessor because of such injury or damage and
promptly deliver to Lessee any papers, I notices, documents,
's. ! ~
summonses, or other legal process whatsoe;er served upon tessor
or its agents, and provided,lfurther, that Lessee and its
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insurer, or either of them, shall have the right to investigate,
compromise, or defend all claims, actions, uits and proceedings
"-,
to the extent of Lessee's interes t therein, and in connection
therewith the parties hereto agree to faithfully cooperate with
each other and with Lessee's in,urer or! agents in any said
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action. I
9.
Liabilitv Insurance
Lessee shall carry public
,,'
liability insurance with responsible insurance underwriters,
licensed and registered to do business in the State of Florida,
insuring Lessee and Lessor against all lesal liability for in-
juries to persons, or wrongful death, and damsses to property
caused by Lessee's activities and operations on said premises,
6
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witt. liability limits of not less' than $l~O,OOO.oo for anyone ,.'
I
person, and not less than $300,000.00 for any accident tavolving
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injury or wrongful death to more than one !persOD, and not 1es.
than $25,000.00 f~r property damage re.~lting from lany one
accident. Lessee shall furnish Lessor with a copy of such in-
surance policy which shall provide that Lessor 18 an insured
'1
under said policy, and that said policy cannot be cancelled or
I
materially modified except upon ten (10) days' advance written
notice to Lessor.
10,
United States' Requirements
This Leaae shall be
subj ect and subordinate to the provisions of' any existing or
future agreement between the Lessor and th. United States rela-
tive to the operation or maintenance of the Airport, the execu-
tion of which has been or may be required'by the provisions of
the Federal Airport Act of 1946, as amended, or any future act
affecting the operation or maintenance of the Airport, provided,
however, that Lessor shall, to the extent permitted by law, use
its hest efforts to cause any such agreement to include provi-
sions protecting and preserving the rights of Lessee in and to
the demised premises and improvements thereon, and to compensate
for the taking thereof, and payment for interference therewith
and for damage thereto, caused by such agreement o~'by act1Qns of
~ "
the Lessor or the United States pursuant thereto.
11. Lessor's Covenants - L~ssor covenants and
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(a) Lessor is the lawful owner; of the
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demised hereby, that it has lawful possession
, I
and has good and lawful authority :'~o
agrees that:
property
the~eof,
".
execute this
lease:
I
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(b) throughout the term hereof, ILessee may have,
hold and enjoy peaceful and uninterrupted possession of
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the premises and rights herein leased '~nd granted,
subject to performance by Lessee of its obli$ations
"
herein.
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12. Cane.Uation hy L.uor - Lessor.hall have the right
upon written notice to Lessee to cancel ~his Alreement in its
I
entirety, upon or aftet tbe bappening of onj or mora of tbe
7
,
. I
or nents
I
shall then ..
if .aid event
following events,
, continuing:
(a) if Lessee shall make a general ...tgnment 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 inde&tedness
")
under the Federal Bankruptcy Laws or 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 sub-
stantially all of the property of Lessee.
Cb) if by order or decree of a court of competent
jurisdiction Lessee shall be adjudged bankrupt or an
order shall be made approving a peti.tion seeking its
. -,.
reorganization, or the readjustment of ita indebted-
ness under the Federal Bankruptcy Lawa of any law or
statute of the United States or any state, territory,
,
or possession thereof, or under the law of any ather
state, nation, or government, provided that if' any such
judgment or order be s~yed or. vacated within ninety
. I
C 90) days after the entry thereof, any..notice of can-
I
cellation given shall be and will become void ~nd of n~
. "S ~
effect;
(c) if by or pursuan~ to any order or decree of
any court of governmental authority, board, agency or
I .
I officer having jUrisdictiO:, a receiTer, trustettt,or_
liquidator shall take possession or control of all or
,ubstanti~llY all of the property of I Le..ee far the
benefit of creditors, provide~ that lii~ such order or
decree be stayed or vacated within ixty (60) days
.. "
after the entry thereof or during such 'longer period in
I "
which Lessee diligently and in good fa~th contests the
same, any notice of cancellation shall be and will
.
become null. void ."d of no effect,
Cd) if Lessee fails to pay the rental charge or
other money payments required by this instrument and
..-
8
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au!;;" U:I;uurllll sus.n not be reaed1ed ~1jh11l thirty (30)
- I
days following receipt by tessee of "d,tten dGand from
Lessor so to dOl
(e) if Lessee defaults in fulfilling a111 of the
. I
terms, covenants or conditions required' of it bereunder
I
and faUs to remedy said default within tbiFty (30)
days following receipt by Lessee of written demand from
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Lessor so to do, or if, by reason of the nature of such
, I
default the same cannot be remedied wihhin thirty (30)
I
days following receipt by Lessee of wri~ten demand from
Lessor so to ~o, then, if Lessee shali have failed to
commence the remedying of such defa~lt within said
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thirty (30) days following such written notice, or have
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so commenced, shall fail thereafter to' continue with
,
diligence the curing thereof.
13. Cancellation bv Lessee - Lessee shall bave tbe right,
upon written notice to Lessor, to cancel this Agreement in its
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entirety upon or after the happening of! one or more of the
I
following eventa, if said event or events is then continuing:
(a) the issuance by any court of apparent
- of injunction, order
competent jurisdiction an or
I
decree preventing or restraining the use by Lelsee of
all or any substantial part of the demised ~emisel dr
preventing or restraining the ule of, the Airport for
.
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usual airport purposes in its entirety, or the use of
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, any part thereof which may be used by Lessee snd which
I ....
is necessary for Lessee's operations; on the Airport,
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which remains in force unvacated or unstayed for a
I
period ot at least one hundred twenty (120) daYI'
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(b) the default of Lessor in t,e performance of
any of the terms, covenants or condi~iori. req~red of
it under this instrument and the failure of Lessor to
cure such default withi~ a period of I thirty (~O) days
following receipt of written demand from Lessee so to
do, except that if by reason of thJ nature of such
I
default, the same cannot be cured within thirty (30)"
9
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, days, then Les.ee .hall have the riatt to caIleel 1f
Leasor shall have failed to COlllDlDc~1 to ~d1 8UCb
default within said thirty (30) day. fpllawtaa receipt
of such written demand, or having 10 boaaenced, shall
!r
fail thereafter to continue with diligence the curing
,
thereof,
(c) the inability of Lessee to conduct ita
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) day., becauae of
(i) any law, (11) any rule, order, judgment', decree;
regulation or other action or Don-action of any
Governmental authority, board, agency or officer having
jurisdiction thereof,
(d) if the fixed improvements placed upon the
demised premises are to.tally . destroyed, or ao
,
extensively damaged that it would be impracticable or
uneconomical to restore the same to their previoul
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 appo~tioned between
Lessor and Lessee, Lessor receiving the same Rroporti~
-so ~
of such proceeds as the then eXpired portion of the
lease term bears to the fufl term hereby granted, and
Lessee receiving the balance thereof.: If the damage
I . resul ts from an insurable cause and 18 only partial. and
..,
such that the said fixed improvements can be restored
i
to their prior condition within a reasonable time, then
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Lessee shall restore the same with reasonable prompt-
ness, and shall be entitled. ito rece;i~e .~d apply I the
proceeds of any insurance covering s ch 1088 to said
"
restoration, in which event this Agreement sball not be
cancelled, huc ahall concinua in fUll force aad effect,
and in such case any exce.. thereof I shall belong to
Lessee,
10
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ee)
in the net of 4e8ttUctiOll of . all I or a
;
material portion of the 'Airport 01:' the Airport
I
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faeilitie8, or in the nent tbat ~., aaency. or
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instrumentality of the United States Government, or an.,
J1I' :
state or loeal government occupies the Airport or a
\ . .
substantial part thereof, or in the event of military
,
mobilization or publie emergeney wher~in there b a
curtailment, either by exeeutive deeree; or legislative
f
action, of normal civilian traffic at i the Airport or
I
the use of motor vehicles or airplanes'by the general
public, or a limitation of the supply of automobiles lor
I I
of automotive fuel, lupplies, or parts for general
I
public Ule, and any of laid events results in material
interference with Lessee' I normal bUS1hess operations
or substantial diminution o~" Lessee i 1/ gros8 revenue
from its automobile rental concession at the Airport,
continuing for a period in excess of fifteen (IS) days.
(f) in the event that at any time prior to or
during the term of this agreement Lelsee' s prelently
i
existing right to op.!.rate an automobile rental
I
concession at the Airport is withdrawn, cancelled,
terminated, or not renewed by Lessor,
(g)
.
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the taking of the whole' or any part of the'
,,"
demised premises by _the exercise of any right of
condemnation or eminent domain, I
(h) if at any time during the I basic ~erm,~r
option term of this Lease a majority of the scheduled
air transportation lerving the local area no longer
operates from the Airport, or" I I
' (i) if at any time during the basic. term hereof
. I '
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or the option periods the Airport or terminal building
I ."
b removed to a plaee more than three (3) road m11es
distant f~om its present location.
14. Pureh..e of Fixed A...e. In Ith. event of any
cancellation or termination of thb Agreement by the te..or or
I
Lessee prior to the expiration for any cau..lother than
!
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., the Le...e
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destruction of the fixed improvements en:'
hereunder, Lessor shall promptly'; pur~~ en:' cau. to be
purchased from Lessee all of 8aid fixed roV8II8Ilt. atl a cuh
price equal to the Lessee's actual cost, les d.preciation al set
.. 1.-
, .
In the event that the Lessee is bei, replaced by a new
rental car concessionaire, the County shall require the re-
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placement concessionaire to purchase from jLe88e., all of the
i
fixed improvements constructed in accordailce with Section 2
hereof at a cash price equal to Lessee's ac~l cost computed as
forth below.
provided below, less straight-line depreciation over the term of
,
this Lease, to the nearest complete month of ~he term then
elapsed under this Agreement. I
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In the event that no rental car concessionaire replaces the
Lessee within three months (90 days) of the: termination of this
I
agreement, the County will purchase from the Les... all of the
I
fixed improvements constructed ih accordance with Section 2
!
hereof at a cash price equal to Lessee's actual co.t computed as
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provided below, less straight-line depreciation over the term of
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this lease, to the nearest complete month of the term then
elapsed under this Agreement.
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The Lessee's investment in the premises shall.be deter.pined
" - ~ "S "
in accordance with generally acceptable accOunting practices and
principles, provided that such ~ve8tment shall not tD any event
I
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exceed 100% of the amount paid by the Le..ee to independent
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contractors for work actually performed on the pr~e8 and
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materials furnished or labor performed in connection therewith.
I I
Payments made by the Lessee to independent cODtractors for
engineering, ar~hitectural, professional anJ consulting services
I
in connection therewith may be included in I the amount paid for
work actually performed on the ~remise8, I p;OVid~d that such
payments shall not in any event exceed 1~% of the construction
I
cost.
15. tee...'. R...rv.d Rh;hta - Hoth
contained in this
Agreement shall limit or restrict in such lawful rishts
as Lessee may have now or in the future to intain claims
12
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~
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. ,aga~~l~ the feder:. etat: or .m.w.iPol':.... or ...,
depertment or agency thereof. or apf.aot !y f.Dtarotata l>ody.
commis.ion or authority. or other pab1ir or private body
exercising governmental powers, for damages: or compensation by
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reason of the taking or occupation, by cond~ation or othe~ise,
, ,
of all or a substantial part of the demise~ premises, including
1
fixed improvements thereon, or of all' or a material part of the
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Airport with adverse effects upon Leasee's use and enjoyment of
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the demised premises for the purposes hereinabove set forth, and
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Lessor hereby agrees to cooperate with Le..ee in the maintenance
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of any just claim of said nature, and to refrain from hindering,
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I
opposing or obstructing the maintenance thereby by Lessee.
16. Assisnment'.nd 5ublettin. - It is /oxpre..lY .gfeed .nd
understood that any and all obligations of ,Leasee hereunder may
I
be fulfilled or discharged either by Les.ee or by a Licensee
member of the Sundance Carriage Co~. duly japPointed thereto by
the Sundance Carriage Corp., and that any 1nd all privileges of
every kind granted Lessee hereunder extends to any Licensee
appointed, provided, however, that notwithsJanding 'the method of
I
operation employed by Lessee- hereunder, ILe.see alway. shall
continue to remain directly liable to Lessor for the performance
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of all terms and conditions of thia Lease. !xcept aa hereinabove
, .. I -s ~
set out, the premises may not be sublet, in vho1e or in part, and
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Lessee shall not assign this agreement without prior written
,
consent of Lessor, nor permit any transfer b, operat~on of law of
Lessee's interest created hereby, other II than by merger or
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consolidation. I
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17. Other Uses - Lessee shall not u.elor permit the use of
the demised premises or any part thereof fJr any purpose or use
I
other t~an as authorized by this Aifeement.
18. !4!!!!. - Lessee shall cause to b, remove~ any and all
liens of any nature arising out of or because of any conatruc-
tion performed by Leuee or any, of its co~trac:tor. or sub-con-
tractora ~~on the dami..d premi... or ari.lng out of or because
of the performance of any work or labor upoJ ~r the furnishing of
13
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any materials for uae at .aid preat..., bJ oa: at tIia dUection of
Lessee.
19. !!!!!! - In computing Lessee · s time withlll ~ch to
commence construction of any f1.xed illprov-.ats or to cure any
default as required by this Lease. there .hall be exclud~d all
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delays due to strikes, lockouts. Acts of. God and the public
enemy, or by order or direction or other i interference by ...y
municipal, State, Federal or other Governmental department, board
I
or commission having jurisdiction. or o~her caus.. beyond
Lessee's control.
20. Para~rsnh,Headin~s - Paragraph heading. herein are
intended only to assist in ready. identification and are noe in
limitation or enlargement of the content of any parasraph.
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21. Notices - Any notice or other communication from either
party to the other pursuant to this Agreement i. .ufficiently
given or communicated if sent by registered 1I&U, with proper
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, i
postage and registration fees prepaid, addr....d to the party for
I
whom intended, at the following address. i
For Lessor:
Monroe County Board of County Commissioners
P. O. Box 1680
Key West. 1Ft 33040
For Lessee:
Sundance Carriage Corp.
d/b/a Dollar Rent A Car
5012 W. Lemon Street
Tampa, FL 33609
"$.
.."
or to such other address as the party b.inS given such noUee
,
shall from time to time designate to the other by notic. given in
,
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accordance herewith.
......
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. IN WITNESS WEllEOF, the parttes have 'caused the.e preseDta I I
.. to be executed by their respective officers or npnseDtativea
thereunto duly authorized, the day and year first ab0Y8 written.
.
. MONROE COUNTY
F CO COHHtSSIONERS OF
~ONROE COUNTY, n.ORIDA
(SEAL)
Attest:
DANNY 1.. KO~GE, Clerk
-I2.~. ;;rP~u/1/~'.t.
SUNDANCE CARRIAGE CORP. d/b/a
DOLLAR RENT A CAR
(SEAL)
Attest:
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EXHIBIT 'e'
'..: AVIS0
. A\"is Rent A Car
. S\"stem, Inc.
.
2330 N.W. 37th Avenue
MiamI. Aorida 33142
We try harder:
VIA FACSIMILE (1-305) 292-3578 ..
CERTIFIED MAIL 70001530000416424409
Tel: (305) 341-0962
Fax: (305) 341-0906
E-mail: dstark@avis.com
December 23,2002
DAVID E. STARK, Ese
Counsel and Director of Real Estate
,
,
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DEe 'l 6 2002
-_.~~-
';:'.------
Mr. Peter J. Horton
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, Florida 33040
'oor-,.-.. .
'2.:~'---
Re: Key West Airport Lease and Concession Agreement
Dear Mr. ijortoD::
As discussed with Mr. John O'Neill last week Avis Rent A Car is seeking to extend its
lease and concession agreement at least (ten) 10 years in order that it may amortize the
improvements it wishes to make to the property. These capital improvements will cost
approximately $500,000.00 (and will consist of upgrading the current structure, repaving the lot,
new drainage, new fencing and landscaping) and we would need to know that the lease extension
will be in place prior to us commencing construCtion. If you wish to discuss this matter further,
please feel free to contact Mr. John O'Neill or myself.
My best to you and yours for a happy and healthy Holiday season.
'.
Thank. you for your cooperation in this matter.
Very truly yours,
. .'
C.
AVIS RENT A CAR SYS
-=n-o
David E. Stark
Counsel & Director of Real Estate
DES/if
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cc: John O'Neill, Avis R~n~ A Car System, Inc.
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IjiIBOlENB4CK .!"
~BUILDERS, INC. .
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Preliminary Budget
1 A~itectural, Engineering Design
2 .Slte ~rainage, Paving
3 Restroom Upgrade '
5 Fencing repairs & auto gate
6 Landscaping allowance
7 Septic System repair & Renovation
8 Testing Allowance
9 Permit and Impact Fee Allowance
11 -
12
13
Subtotal for all options
$67.451.69
$214,410.71
$89,935.59
$52,087.70
_ $12,740.88
- $52,462.43
$5.000.00
$12.000.00
$506.089.00
$50.000.00
$556.089.00
Owner Contingency
Total with Owner Contingency
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A _ /'j./ ~/. .- I'
/ / t?~v d/~. . ' I DaI.M' R.", A Car. r:tori..
_._ ; . -3170 NWS_h Riwr Dr&-
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Worldwfcle ~.ctelUl
100-100-4000
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December 28, 2002
Mr. Peter J Horton
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, Florida 37040
Re-Key West Airport Lease and Concession Agreement
Dear Mr. Horton:
As I discussed with you. Dollar Rent A Car is seeking to extend its lease and concession agreement for a
period of at least 10 years. Dollar is in the preliminary stages of planning for capital improvements to our
(]J A site, to include new Jandscap-ing and fencing, paving and drainage, and rebuilding of the CWteDt
stmctme on the site. Estimated cost would be approximately $500,000. Of course to commit to this
expenditure, we will need to obtain full corporate approval within Dollar , which we are currently pursuing.
In order to make this investment. we would need at least 10 years to amortize it To move forward in the
planning process and to seek the necessary corporate approval. I 'would need to know that the extensions
we are seeking for the lease and concession agreementS will be in place.
If you need to discuss this funher, please feel free to contact me.
Re~
n
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/l. .~'
Michael Conlon
General Mamger
Dollar Rent A Car, ~
, .
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Dollar Rent A Car-Florida
3670 NW South River Dr.
Miami. FL 33142
305...887-6000
fax 305-B94-506R
Worldwide Reservations
800-800-4000
dollar. com
KEY WEST INTERNATIONAL AIRPORT
3491 S. Roosevelt Blvd. ".
Key West, Fl. 33040 (305) 292-3518 Fax (305) 292-3578
06/05/03
Michael Conlon, General Manager
Dollar Rent A Car - Florida
3670 NW South River Drive
Miami, FL 33142
Dear Mr. Conlon:
My apologies for not getting back to you sooner concerning the renovation project for the
Dollar facility here at KWIA, however upgrades to the terminal to accommodate TSA
requirements have kept me busy in recent months.
I've reviewed your submittal concerning the project and I agree with it in concept. As we
discussed, some modifications or clarifications need to be made. My suggestions are as
follows:
-
Item #5. Fencing repairsand Auto Gate: Please match your new fencing to the type and
color we have recently installed on the adjacent roadway.
Item #6. Landscaping Allowance: This seems a little low. Please remember that your
facility is our "front door" to the airport as one drives in from Faraldo Circle. We would
really like to make this area a show place.
Item #7. Septic System Repair and Renovation: This item is not needed. You are no
. longer on a septic system. All airport facilities have been connected to the City of Key
West central sewer system.
Item #9. Permit and Impact Fee Allowance: Just a note here. There will be some permit
fees levied by outside agencies but because your facility is on County airport property,
Monroe County (who is the prime permitting agency, not the city of Key West) will not
charge us any permitting or inspection fees.
I'll have your leaSe adgendum to you in two weeks for your review. We'd like to put it on
the July 15th BOCC meeting for approval. . ,