Item C37BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 3/17/04 DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of amendment to the Avis Rental Car Concession agreement at the Key West
international Airport.
ITEM BACKGROUND: We own the Avis Rental Car Ready Area. It needs Capital Improvements and repairs costing between
$500,000 and $700,000. Avis has agreed to do the construction needed at no cost to us (as outlined in their drawings
attached as Exhibit B), in exchange for an extension of their existing lease/concession agreement.
PREVIOUS RELEVANT BOCC ACTION: Approval to negotiate extension to Concession Agreement 1 /16/03. Approval of
concession agreement 9/5/86, amendment 2116/00, and Service Facility lease 6/20/01.
CONTRACT/AGREEMENT CHANGES: For each $50,00 Avis spends they will receive an additional 1 year extension to their
lease.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
COST TO AIRPORT: None
COST TO PASSENGER FACILITY CHARGE: None
COST TO COUNTY: None
REVENUE PRODUCING: Yes
BUDGETED: N/A
SOURCE OF FUNDS: N/A
AMOUNT PER MONTH/YEAR: — 257,000.00
APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X
� I
DIRECTOR OF AIRPORTS APPROVAL ----- �____y—
Peter J. Horton
DOCUMENTATION: Included To Follow X
DISPOSITION:
/bev
APB
Not Required
AGENDA ITEM # _C�a------____--
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Avis Rent A Car System Effective Date: 7/1/04
Expiration Date: 6/30/14 — 6/30/19
Contract Purpose/Description: Lease Addendum Agreement for facilities at the Key West International Airport
Contract Manager: Bevette Moore # 5195 Airports - Stop # 5
(name) (Ext.) (Department/Courier Stop)
for BOCC meeting on: 3/17/04 Agenda Deadline: 3/2/04
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing Current Year Portion: N/A
Budgeted? N/A Account Codes: N/A
Grant N/A:
County Match: None
ADDITIONAL COSTS
Estimated Ongoing Costs: N/A For: .
(not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In
Needed
Yes No
Airports Director
(yQ
Risk Management
(0 / Oq
( )
O.M.B./Purchasing
County Attorney
Comments:
Reviewer
WolfeRob
Date Out
LEASE ADDENDUM AGREEMENT
Avis Rent A Car System, Inc.
THIS lease addendum is entered into by and between Monroe County, a political
subdivision of the State of Florida (County) and Avis Rent A Car System, Inc., a
corporation (Avis).
WHEREAS, Cendant Rental Group, Inc. (Cendant) is the parent company of Avis
and Budget Rent A Car System, Inc. (Budget);
WHEREAS, Avis and Budget are both tenants at Key West International Airport
(KWIA);
WHEREAS, Cendant, through its Avis subsidiary, desires to make certain capital
improvements to its Avis facility at KWIA at an approximate cost $500,000 to $750,000, in
exchange for a lease term extension for the Budget and Avis leases at KWIA;
WHEREAS, Secs. 332.08 and 125.35, FS, authorize the County to negotiate airport
leases without competitive bidding; now, therefore,
IN CONSIDERATION of the mutual covenants and promises set forth below, the
parties agree as follows:
1. This agreement is an addendum to the County/Avis lease dated September 5,
1986, as amended in the County/Avis amendment dated June 20, 2001, (collectively the
original Avis lease), both of which are attached to this addendum as Exhibit A and made a
part of it.
2. a) Avis must make certain capital improvements to facilities leased to
Avis in the original Avis lease. The capital improvements required are depicted in Exhibit
B which is attached to this addendum and made a part of it. The improvements must be
completed within 12 months from the effective date of this addendum, although the time
for completion may be extended by the KWIA Director for good cause.
b) The parties anticipate that the capital improvements described in
subparagraph 2(a) will cost approximately $500,000 to $750,000. Upon Avis furnishing
evidence satisfactory to the KWIA Director that an increment of $50,000 has been spent on
the Avis facility capital improvement by Cendant, then the term of the original Avis lease
shall be extended by one year for each $50,000 spent. Upon completion of the Avis facility
capital improvements, and Avis' furnishing of evidence satisfactory to the KWIA Director of
the total amount spent, the KWIA Director shall certify in writing the additional years by
which the original Avis lease is extended. The KWIA Director's certification will then
become part of the terms and conditions of the original Avis lease. If the final increment
spent by Avis is less than $50,000, then the original Avis lease will be extended by the
number of days calculated as a percentage of the year that is equal to the percentage of
the final increment paid is to $50,000.
3. a) Avis shall maintain all books, records, and documents directly pertinent
to performance under this addendum agreement and the Avis original lease (hereafter
collectively the Agreement) in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement
for public records purposes during the term of the Agreement and for four years following
the termination of this Agreement.
b) Governing Law, Venue, Interpretation, Costs, and Fees. This
Agreement shall be governed by and construed in accordance with the Law of the State of
Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of this Agreement, the parties agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
The County and Avis agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them, the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall not be affected
thereby; and each remaining term, covenant, condition and provision of the Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. The
County and Avis agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Avis agree that in the
event any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non -prevailing party, and shall include attorney's fees,
court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Avis and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by, law.
g) Adjudication of Disputes or Disagreements. County and Avis agree that
all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed
upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or issues
2
are still not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
h) Nondiscrimination. County and Avis agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the
date of the court order. County or Avis agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach
of this Agreement, County and Avis agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement.
County and Avis specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
j) Covenant of No Interest. County and Avis covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
k) Code of Ethics. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but
not limited to, solicitation or acceptance of gifts;, doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
1) No Solicitation/Payment. The County and Avis warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not
3
paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Avis agrees that the County shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
m) Public Access. The County and Avis shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the County and Avis in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Avis.
n) Non -Waiver of Immunity. Notwithstanding he provisions of Sec.
286.28, Florida Statutes, the participation of the County and Avis in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
o) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
p) Legal Obligations and Responsibilities: Non -Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
q) Non -Reliance by Non -Parties. No person or entity shall be entitled to
rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce
any third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and Avis agree that neither the County nor Avis or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to
the community in general or for the purposes contemplated in this Agreement.
n
r) Attestations. Avis agrees to execute such documents as the County
may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug -Free Workplace Statement.
s) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
t) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by singing any such counterpart.
u) Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such section
headings are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
4. This addendum is part of, and incorporated into, the original Avis lease and
supersedes any inconsistent provisions in those original lease. In all other respects the
terms and conditions of the original Avis lease remain in full force and effect.
5. This addendum constitutes the parties' final mutual agreement and replaces
any prior communications or understandings, whether written or oral.
6. This addendum will take effect on the signature date of the last party to
execute the addendum.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
written below.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By By
Date Deputy Clerk Mayor/Chairperson
(SEAL) AVIS RENT A CAR SYSTEM, INC.
Attest:
By By
Title Title
Date
HRHO�
e
r' jJrv•;-`: a'--i-'��,;Vc`";-
APP'r;� , 6 TJ
jaircendantAvis,12 ,�
5 P'criT r p�
Date --
T^WuN.TTORNE,
-- �"
NON -COLLUSION AFFIDAVIT
I- of the city
°f according to law on my oath, and under
penalty of perjury, depose and say that;
1) I am , the bidder making the
Proposal for the project described as follows:
2) The prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to such
prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5) The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
STATE OF
(Signature of Bidder)
COUNTY OF
DATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual
signing) affixed his/her signature in the space provided above on this
day of
NOTARY PUBLIC
OMB - MCP FORM #1
2003.
My commission expires:
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace. the business's policy of maintaining
a drug -free workplace, any available drug counseling, rehabilitation. and employee assistance programs.
and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Bidder's Signature
Date
OMB - MCP#5
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
Date:
STATE OF
COUNTY OF
(signature)
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this day of
20
NOTARY PUBLIC
My commission expires:
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
i0
. EXHIBIT `A'
SEPTEMBER 5, 1986 LEASE AGREEMENT
JUNE 20, 2001 LEASE AMENDMENT
LEASE AMENDMENT
Avis Rent A Car - KWIA
THIS LEASE AMENDMENT is made and entered into on the 20 .,- day of
2001, by and between MONROE COUNTY, a political subdivision of
the State of Florida, and the owner of Key West International Airport (KWIA),
hereinafter referred to as Lessor, whose address is 3491 South Roosevelt Blvd., Key
West, FL 33040, and AVIS RENT A CAR SYSTEM, INC., a corporation authorized to do
business in the State of Florida, whose address is Avis Rent A Car System, Inc., 900 Old
Country Road, Garden City, New York 11530, hereinafter referred to as Lessee;
WHEREAS, on September 5, 1986, the parties entered a lease agreement (the
original lease) for a parcel of land at KWIA for Lessee's use for vehicle parking and
maintenance;
WHEREAS, the original lease - without an extension - will expire on July 31, 2001
while Lessee's KWIA concession agreement with Lessor will not expire until June 30,
2004; and
WHEREAS, the parties desire to make the original lease term coextensive with the
concession agreement term; now, therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties hereto do hereby agree as follows:
part of
1. A copy of the original lease is attached to this lease amendment and made a
it.
2. Paragraph two of the original lease is amended to read:
The term of.this lease begins on August 1,1986 and terminates on
June 30, 2004.
3. Paragraph three of the original lease is amended by the addition of the
following:
Commencing with the rental year that begins on August 1, 2001, the
annual rental is $63,720 ($5,310 per month) plus applicable sales tax. The
annual rent for the rental years beginning on August 1st, 2002 and 2003
must be increased by. a percentage equal to the percentage increase in the
CPI for all urban consumers for the previous calendar year. The rent for
the period August 1, 2003 - June 30, 2004, must be reduced by one -twelfth
from what the 12 month rental year amount would be in order to properly
adjust for the shortened year.
4. Except as provided in this lease amendment, in all other respects the terms and
conditions of the original lease remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year f irst above written.
L. KOLHAGE, CLERK
Deputy Clerk
ATTESJ. T'h ,`7l'S S. Finn
By /I `
Title Assistant Secretary
Jdairportaviskwia
MONROE COUNTY BOARD OF COUNTY
COMM STONERS
By
Mayor/Chairman
AVIS RENT A CAR SYSTEM, INC.
By a�
Title Vice President
• 3�
MR,�iM�
2
RENTAL CAR CONCESSION
AGREEMENT
THIS AGREEMENT, made and entered into this
, { day of
5ap�cN,Ltr 1986, by and between Monroe County, a
municipal corporation organized and existing under the laws or -
Florida
(hereinafter called "Lessor"), and Avis Rent A Car
System, 'Inc.. , a Delaware corporation, qualified to do business
the State of Florida (hereinafter called "Lessee");
WHEREAS, Lessor desires to grant to Lessee a non-exclusi•,e-
right to operate an automobile rental concession at and from Key
West International Airport at Key West, Florida (hereinafter
called the "Airport"; and
WHEREAS, Lessor and Lessee desire, in connection with said
operations, to provide for the leasing by Lessor to Lessee of
certain space in and around the Airline Terminal at the Airoor-
`
for th establishment of a Rental Car Concession to accom=odate
the Lessee's customers and provide space for the temporary
placement of rental ready vehicles and for other purposes in
connection with said operations, all as hereinafter more specifi-
cally provided;
NOW, THEREFORE, in consideration of the premises and of
mutual covenants and promises hereinafter contained, the parties
hereto do hereby agree as follows:
1. Premises - Lessor hereby leases to Lessee for its non-
exclusive use the rental car counter located in the airline
terminal Key West, Monroe County, Florida, said counter contain-
ing 225 square feet, to be replaced by a new 288 square foot
counter/back office area effective November 1, 1985, as shown on
Exhibit A attached hereto and made a part hereof; and in addition
thereto, hereby provides 30 rental car ready spaces as reflected
by the attached exhibit B in area designated "Rental Car Ready
y
2. Term - This Agreement is for a term of five
years,
commencing May 1, 1985.
3. Rental and Fees - Lessee and during ' for g the term
hereof; shall pay to Lessor for the use and occupancy of said
Basic Premises andfor therights and privileges herein granted
at the following scheduled rates and fees:
(a). Counter Rental: Counter space rental will be paid
for at the following rates:
Key West International Airport - $11.12/sq.ft./annum
Counter rental space includes that space physically
enclosed by the counter, side partitions and backwall.
These rates, which are currently equal to the airline
rental rate for publicly exposed space, will be adjust-
ed 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 $7.09 of the $11.12 rate at Key
West. The biennial adjustment will equal the actual
percentage increase, not to exceed 10Z. in the operat-
ing, maintenance and administrative components of the
floor rental.rates.Q
(b). Ready 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 shall be in the
following amounts:
For the First year of said term: $ 35,496.00.
For the Second of 11
01 $ 36,504.00.
For the Third 19 of
of . $ 37,500.00.
For the Fourth "ifto
• $ 38,496.00.
For the Fifth " It It
• to $ 39.504.00.
The Lessee agrees to pay monthly ten (10) percent of
gross revenues for the previous month or one twelfth
(1112) the guaranteed annual minimum, whichever 'is
greater. In the event, the total amount paid during
any one year period, under this method, exceeds ten
2
percent of gross revenues or the annual minimum guaran-
tee, whichever is greater, for that one year period, ar.
adjustment will be made to the first months fee for
the next subsequent period or, at the end of the fifth
:year, reimbursement will be made within thirty days.
A performance bond in the amount of $25,000 (twenty Five thou-
sand dollars) shall be provided the Board of County Commissic-.-
ers and shall be held in escrow as security to ensure confor-
mance with the Contract Provisions. It is not the intent of t
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 custo;.e-
to concessionaire for or in connection with the use of vehicle
contracted for, delivered or rented to the customer at the
airport, regardless of where the payment is made or where the
vehicle is returned. The concessionaire for the purpose of its
concession rentals shall report all income, both cash and
credit, in its monthly gross receipts statement.
5• AccountinQ 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 automobile rental industry
located on airports. Lessee agrees to operate its business upon
the aifports.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 make available to Monroe County, a full and complete
book of accounts and other records required by the County to
provide a true account of all revenues pertaining to its opera-
tions under the provisions hereof, The County, 'acting through
its Finance Director or other authorized representative, shall
have the right to inspect and audit the concessionaire's cooks
of accounts and other records in Monroe County, Florida. Know-
ingly furnishing the County a false statement of its gross sa_
under the provisions hereof will constitute a default by conce
sionaire of this agreement and the County, may at its option,
declare this contract terminated.
6. Abatement of Minimum Guarantee - In the event that
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 (60z) of the
number of such deplaning passengers in the same period in the
preceding calendar year, or in the event that (2) in the opinic
of the Board of County Commissioners, the operation of Lessee's
car rental business at the airports is affected through no fau_
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 tc
be satisfactorily demonstrated -by Lessee to the Board of County
Commissioners then, in either event, the Minimum Guarantee Fee
should be abated for the period of time such condition continues
to exist. During said period of time, Lessee shall continue to
pay to airport ten (101) of gross receipts from the operations
hereunder as hereinbefore defined.
7. Rental Reimbursement - In consideration for the
concessionaire paying for -the demolition of the existing rental
counter/office area and the construction of the new counter and
back office area which shall mean outside walls, interior
counter shell and supporting back office wall, connecting doors
and the paving of the rental car ready area at Key_-
West, which the County acknowledges is its responsibility, the
monthly rental due the County as per this agreement will be used
to offset the amount paid by the concessionaire to independent
contractors for work actually performed on the counter aay`t
Key West including materials furnished or labor performed in
4
connection therewith. The County will contract for the
of the rental car ready area. Minimum annual guarantee, •per-
centage fee and square footage rental rate will be full), abates
until the concessionaire's prepayment of the construction cost
of the ready car area paving and rental counter/back office areL
are recovered. The concessionaire shall cause the keeping of
records that will clearly distinguish between cost associated
with the construction of the counter shell and leasehold im-
provements. The cost of construction will be shared by all
concessionaires equally.
8. Investment by 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-
sionaire and may be removed upon termination of the agreement,
provided all its accounts payable to the County are paid at that
time, or in the event the County does not purchase same.
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, operate, repair, and replace any
and all trade fixtures and other personal property
useful from time to time in connection with its opera-
tions on the Airport, all of which hall be and remain
the property of Lessee and may be removed by Lessee
prior to or within a reasonable time after expiration
of the term of this Agreement, provided, however, that
Lessee shall repair any damage to the premises caused
by such removal. The failure to remove trade fixtures
or other personal property shall not constitute Lessee
a hold -over, but all such property not removed within
ten (10) days after Lessee receives a written demand
for such removal shall be deemed abandoned and there-
upon shall be the sole property of Lessor.
Leasehold improvements shall include any installation of walls,
partitions, doors and windows, any electrical wiring, panels,
5
conduits, service connections, receptacles or lighting ai};tLres
attached to walls, partitions, ceilings, or floor, all interior
finish to floors, walls, doors, windows or ceilings; and all
floor treatments or covering, other than carpeting, that is
affixed to floors; sanitary disposal lines and sinks, commodes,
and garbage disposal units; all heating, air treatment or ven-
tilating distribution systems, including pipes, ducts, vent -
hoods, air handling units and hot water generators; and all
refrigerator rooms or vaults and refrigerated waste rooms includ-
ing refrigeration or ventilating equipment included with same.
Any furniture, fixtures, equipment, carpeting and draperies not '
classified as leasehold improvements above shall be the personal
property of the concessionaire.
10. Damage and Iniury Lessee covenants, that it and all
Of its agents, servants, employees, and independent contractors,
will use due care and diligence in all of its activities and
operations at the airport(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 agents, servants,
or employees and except to the extent that such damage to the
property is covered by insurance required to be provided by the
concessionaire under any 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)
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 death at any time resulting from bodily injury and
because of injury to/or destruction of property, including the
loss or use thereof which may be caused by or result from any of
the activities, omission, or operations of the concessionaire,
its agents, servants, or employees on the airports.,
11. Other Development of Air ort p - Monroe County reserves
the right to further develop or improve the landing area of the
6
airports as its sees fit, regardless of the desires or views
the concessionaire, and without interference or hindrance,
provided; however, that in no event can the County deprive the
concessionaire of reasonable and direct routs 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 Obligations - 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 dumpster 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
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,
state., or local statutes, ordinances, regulations, and standards
applicable to Lessee or its .use of the demised premises, includ-
ing, but not limited to, rules and regulations promulgated froL:
time to time by or at the direction of Lessor for administratior
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 c:
this Agreement;
(g) to carry fire and extended coverage insurance, 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 it
insurable value" shall be deemed to be that amount for which a
prudent owner in like circumstances would insure similar pro er-
tyt but in no event an amount in excess of Lessee's original cos;
of constructing said fixed improvements; and,
(h) to control the conduct, -manner, and appearance of
its officers, agents and employees, and any objection from the
Director of Airports concerning the conduct, manner or appearance
Of such persons, concessionaire shall forthwith take steps
necessary to remove the cause of the objection.
15. Lessor's Ins ection and Maintenance - Lessor and its
authorized officers, employees, agents, contractors, sub-
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 this agreement with respect thereto; 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 in
future if necessary to carry out the master plan of
development of the Airport, provided, however, that
said work shall in no event disrupt or unduly interfere
with the operations of Lessee, and provided further,
that the entire cost of such work, including but not
Ii
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.
16. Indemnification - Lessee shall indemnify and hold
Lessor forever harmless from and against all liability im os
upon Lessor by reason of legal Iiabilit P
for injuries ted•
or wrongful death, and damages to properto
Persons.
operations or activities on'such Y caused by Lessee's
Premises or elsewhere at the
Airport, provided that Lessor shall
give Lessee prompt and timely
notice of any claim made against Lessor which may
Judgment against lessor because of such injury y result in a
promptly deliver to Lessee an °r damage and
Y papers, notices, documents,
summonses, or other legal S process whatsoever served upon Lessor
or its agents, and provided, further,
that Lessee and its insur-
er, or either of them, shall have the right to investigate,
compromise, or defend all claims, actions, suits
to the extent of Lessee'
� s interegst therein;
� and Proceedings
and in
therewith the Parties hereto agree to faithfullyconnection
_ each other and with Lessee's insurer or a cooperate with
gents in any said
action.
17• Liability Insurance
The Lessee agrees to indemnity
and hold the County of Monroe free and harmless from any and
claims, suits, all or damage, g , or injury to persons or property
Of whatsoever kind and nature in its operation, construction
maintenance of this concession or in the exclusively, and
area of the concessionaire. occupied
A. GENERAL
The Lessee shall procure and maintain
and to t and of the types
e limits s peci_f
Paragraphs sive below• (1) through (4) inclu-
The Lessee shall require each of his subcontractors to
procure and maintain, until completion of that subcontractor'
work, insurance of the types and to the limits
graphs (1) thh 4 s pecified in row to
g ( ) inclusive below. It shall be the respc
sibility of the concessionaire to ensure that all his subc
tors comply with all of the insurance ontr
requirements contained
herein relating to such subcontractors.
B. COVERAGE
Except as otherwise stated, the amounts
ance shall conform to the following miniand types of insur
mum requirements:
(1) Workmen's compensation
- Coverage to apply for all
employees for Statutbry Limits
in compliance with the
applicable state and federal laws. In addition, the
Policy must include Employers' Liability with a limit
of $100,000 each accident.
(2) Comprehensive General Liability - Coverage must
include:
a• Minimum limits of $100,000 per person
and $300,000 per occurrence for Bodily Injury
Liability and $25,000 for Property Damage
Liability.
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 - Coverage must include:
a• Minimum Limits of $100,000 per
$300,000 per occurrence for Bodil Denson and
Liability and $251000 for Property Injury
I Liability. P Y Damage
b. Owned Vehicles.
C. Hired and Non -Owned Vehicles.
d. Employer,Non-Ownership.
(4) Certificate of Insurance - Certificates of all
insurance required from the Lessee shall be filed with
the County. Certificates from the insurance
stating the t carrier,
types of coverage provided, limits
10
of liability, and expiration dates, shall be filed wit,
the County before operations are co
mmenced. The
required certificates of insurance 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 contract.
If the initial insurance expires prior to the completion of
contract, renewal certificates shall be furnished thirt ( the
days prior to the date of expiration. Y 30),
18. Non Discrimination - Lessee shall furnish all serv4.e..
authorized under this agreement on a fair, equal, and non-
discriminatory basis to all persons or users thereof,
fair, reasonable, and non -discriminator prices charging
services which it is permitted to sell orrenderfu r all items ar,�
provisions hereof. Provided, howeunder the
ver, that nothin
this paragraph or in any other g contained in
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
car rates. rental
19. Rules and Re ul_ atlo _ Lessee agrees to obs
obey, during the term of the contract all laws erve and
_ ordinances,
rules and regulations promulgated and enforced by the Count
Y any other proper authority Navin Y and
of the operations at the airports. g Within thirty (30) da s f
th date of this contract, the'County shall Y rom
provide the Lessee a
written fist of all rules and regulations which it has
promu
ed up until that time and which will effect the Lessee's
opera ac-
tions hereunder. In the even new opera -
rules and regulations and
contemplated, written notice of
same shall be furnished to
Lessee, and Lessee will be given thirty (30) days to comply. In
the even that Lessee should determine that any contemplated rule
or regulation unreasonably hinders him in his operation under
this Lease, the Lessee
shall so notify the County, and the
parties hereto agree that any problems arising incident theretc
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, th
rental car concession provided for an described herein, and all
aspects and parts and services thereof as hereinabove defined an;
set forth, and will make all such facilities and services avail-
able to the public and that he will devote his best efforts for
the accomplishments of such purposes.
21. United States' Re uirements - This Lease shall be
subject and subordinate to the provisions of any existing or
future agreement between the Lessor and the United States rela-
tive to the operation or maintenance of the Airport, the exe-
cution of which has been or may be required by the provisions of
the Federal Airport Act of 1946, as amended, or any future act
affecting the operation or maintenance of the Airport, provided,
however, that Lessor shall, to the extent permitted by law, use
its best efforts to cause any such agreement to include pro-
visions protecting, and preserving the rights of Lessee in and to
the demised premise and improvements thereon, and to compensation
for the taking thereof, and payment for interference therewith
and for damage thereto, caused by such agreement or by actions of
the Lessor or the United States pursuant thereto.
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,
(b) throughout the term hereof Lessee may
have, hold and enjoy peaceful and uninter-
rupted possession of the premises and rights
herein leased and granted, subject to perfor-
23.
mance by Lessee of its obligations herein.
Cancellation by Lessor - If any of the following events
occur, the Lessee shall be deemed to be in default of its obliga-
tions under the agreement, in which case Monroe County shall give
the Lessee notice in writing to cure such default within thirty
12
days, or the concession will be automatically cancelled at the
end of that time and such cancellation will be without forfei-
ture, waiver, or release of 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 bankruptcy or a peti-
tion or answer seeking its reorganization of
the readjustment of its indebtedness under
the Federal Bankruptcy Laws 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 be 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
become 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 be stayed or vacated
within sixty (60) days after the entry
thereof or during such longer period in which
Lessee diligently and in good faith contest
the same, any notice of cancellation shall be
and become null, void and no effect;
(d) if Lessee fails to pay the rental
charges or other money payments required by
this instrument and such failure hall 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,'of if, by reason of the
nature of such default the same cannot be
remedied within thirty (30) days following
receipt by Lessee of written demand from
Lessor so to do, then, if Lessee shall have
failed to commence the remedying of such
default within said thirty (30) days 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 the
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 does not waive his '
right to protest such tax, assessment, rent,
rate or charge; or
(i) If the Lessee fails to -provide service
as required by specifications 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
andof the theLesseevshallfnottbeepermittedthe ototsuch default, cure
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 and the right to invoke any
remedy allowed by law or inequity, as if specific remedies,
indemnity or reimbursement were not herein provided.
The rights and remedies given to Monroe County are distinct,
separate and cumulative, and no one of them, whether or not
exercised by the County, shall be deemed to be in exclusion of
any of i 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
failing due, or operate as a waiver of the right of the Count to
recover possession of the y
premises by suit or otherwise. It is
agreed that, after the service of notice to cancel or terminate
14
as herein provided, or after the commencement of any
or after a final order for possession of
the premises, the Cour,;
may deman and collect any monies due, or thereafter falling due,
Without in any manner affecting such notice, proceeding, or
order; and any and all such monies and occupation of the premi-
ses, or at the election of the County on account of Lessee's
liability hereunder. THe parties agree that any litigation
arising out of the agreement shall be brought in Monroe County,
Florida, and determined under the laws of the State of Florida,
Lessee will pay any reasonable attorney's fees incurred if the.
County prevails int he 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, it said event or events is then continuing:
(a) the issuance by any court of apparent
competent jurisdiction ,of an injunction,
order, or decree preventing or restraining
the use -by Lessee of all or any substantial
part of the demised premises or preventing or
restraining the use of the Airport for usual
airport purposes in its entirety, or of any part thereof which may beused tby he use
Lessee and which is necessary for Lessee's
operations on the Airport, which remains in
force unvacated or unstayed for a period of
at least one hundred twenty (120) days;
(b) the default of Lessor in the performance
of any of the terms; covenants, or conditions
required of it under this instrument and the
i 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 o
commenced, shall fail thereafter to continue
with diligence the curing thereof;
(c) the inability of Lessee to conduct its
business at the Airport in substantially the
same manner and to the same extent as there-
tofore conducted, for a period of at least
ninety (90) days, because of (i) any law,
,5
(ii) any rule, order, judgment, decree
regulation, or other action or non -action of
any Governmental authority, board, r
officer having jurisdiction thereof; (d)y or
if the fixed improvements placed upon
demised premises are totallyp the
extensively damaged that itwouldrbeeor so
imprac-
ticable or unecopomical
to their prevto restore the ame
ious conditi
Lessee is the on as to which
sole
the proceeds of insurance In any such case,
reason of such loss shale if any, payable by
tioned
between Lessor and Lessee, Lessorreceivingthe same proportion of such proceeds as the
then expired portion of the Lease term bears
to the full term hereby granted
receiving the balance thereof. and Lessee
results from an insurable If thand *e damage
partial and such that the saidefixedlimponl
rove-
tion ments can be restored to their prior condi-
shallwithin a restore thesame
timreasonabe, then
promptness, and shall be entitled to receive
and apply the proceeds of any insurance
covering such loss which event this Agto said restorationin
cancelled reement shall not
andeffect, and hinl,
suchtcase an full force
thereof shall belong to Lessee; y excess
(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 States Government, or any stathe United
te or local
government 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, or normal
civilian -'•traffic at the Airport or the use of
motor vehicles or airplanes by the general
public, or a limitation of the supply of
automobiles or of automotive fuel, supplies,
or parts for general public use, and any of
said events results in material interference
with Lessee's normal business operations or
substantial diminution of Lessee's l concession
gross
revenue from its automobile renta
at the Airport, continuing for a period in
excess of fifteen (15) days;
in
or duringhthevtermtoftat thisaagreementime t, Le to
/see's presently existing right to operate an
automobile rental concession at the Airport
is withdrawn, cancelled, terminated, or not
renewed by Lessor;
(9) the taking of the whole or any part of
the demised premises by the exercise of any
right of condemnation or eminent domain;
option fterm this Leasea
at aof time during the basic term or
ajority Of
scheduled air transportation mserving ththe
local area no longer operates form the
Airport; or,
(i) if at any time during the basic term
orbuildhe fngion periods,tohe Airport or
terminal is removed
a place more
16
than three (3) road
present location. miles distant from its
•26. Lessee's Reserved Ri hts - Nothing contained
Agreement shall limit or restrict an any way such lawful in this
as Lessee may have now or
in the future to r+ght`
against the federal maintain claims
, state, or municipal government, or any
department or a '
gency thereof, or against an
commission or authority,Y interstate body,
or other public or
ing governmental p for damages private body exerci;_
owers,
or occupation g or Compensation by reason
the taking
by condemnation or Otherw'
a substantial part of the demised-premises,Ise, of all c:
improvements thereon or of all including fixed
with adverse effects upon Lessee's a material part of
use and the Airpor:
demised premises for the en3o'�1ent of the
Purposes hereinabove set forth
Lessor hereby agrees to co ; and
operate with Lessee
in the maintenance
Of any just claim of
said nature, and
to refrain from hindering,
Opposing, or obstructing the maintenance thereby by Lessee.
27. Assignment and Sublettin
_ It is expressly agreed and
understood that any and all obligations of Lessee hereunder maybe
fulfilled or discharged either by Lessee or by a Lic
Of Avis Rent A Car System, Inc, and ensee member
that any and all privileges
If every kind granted Lessee hereunder extends
appointed; 'LO any Licensee
provided, however, that notwithstandin
operation employed by Lessee hereunder Lessee g the method of
continue to remain directly liablealways shall
to Lessor for the performance
of all terms and conditions
of this Lease. Except a hereinabove
set out the premises may not be sublet, in whole or in part, and
Lessee shall not assign this agteement without
consent of ,Lessor, nor prior permit written
any transfer b
Lessee's interest created hereb Y operation of law of
y, other than by merger or con-
solidation.
28. other - Lessee shall not use or
the demised premises or an per the use of
y part thereof for any purpose or use
other than as authorized by this Agreement.
29• Limns _ Lessee shall cause
liens y nature tO be removed any and all
of an
arising out of or because of any performed by Lessee or any of its .construction contractors or sub-cont ractors
27
Upon the demised
premises or
airing out of or
Performance of an because of the
materials for use at
y work or lab�or upon °r the furnishing of
said premises, an:
Lessee. by or at the direction °
.30. Time - In computing Lessee's time within which to
commence construction
Of any fixed
default as 1mProvements or to
required by this Lease thcure any
delays ere shall be excluded
Y all
due to strikes,
lockouts, Acts
enem of God and Y, or by order or direction °r the public
other interference b
Federal or other Governmental Y any
municipal, State
Of commission Naving juridepartment,
jurisdiction, or other 'boa:
Les-
see's control, causes beyond Les-
s
31. Paragraph Headin
Paragraph headin
intended only to assist in 8s herein are
read identification and
limithe tation or enlargement of are not in
content of any paragraph.
32. Notices
Any notice or other
party to the other communication from either
Pursuant to this Agreement
is sufficiently
given or communicated
if sent by registered Postage and re mail, with
gistration fees proper
prepaid, addressed to the
whom intended, at the following address: Party for
~or Lessor: Monroe Count
•p 0 Y Board of Count
Box 1680 Y Commissioners
Key West, Florida 33040
=or Lessee: Properties Department
Avis Rent A Car System, Inc.
900 Old Country Road
Garden City, New York 11530
or to suchotheraddress as the
shall f. Party being given such notice
party time to time designate to the other by notice
accordance herewith. given in
18
IN WITNESS WHEREOF, the parties have
caused these prese;:,s
to be executed by their respective officer or representative
thereunto duly authorized, the day and year first above written.
(SEAL)
A t t e s t DANNY L ZOLHAGE, Clerk
(SEAL) .
Attest:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
�
AVIS RENT A CAR
By c�
V%Ct
APP VED AS TO FORM
A/ GAL SUFFICIENCY.
—1-4,
I BY , �,
Attorneys 011ice
19
ADDENDUM TO AGREEMENT
THIS ADDENDUM TO AGREEMENT is entered into this
�_ day o.
r , 1987, by and between Monroe County, party of the
first part and Avis Rent a Car System, Inc., party of the seconc
part, in order to amend that certain Rental Car Concession
Agreement entered into by parties dated September the 5,
1986
and the parties do hereby agree and stipulate as follows: ,
1. That the commencement date of May 1, 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 September 5, 1986, 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.
(SEAL)
A t t e s t: DAN"NY L KOLHAGE, Clerk
(SEAL)
Attest:
v(�� ,ecretary
MONROE COUNTY, FLORIDA
. By D(
yor airman o t e oa
f County Commissioners of
Monroe County, Florida
AVIS RENT A CAR SYSTEM, INC.
By
resin t
A �P�OI D AS ro fOPoFf
AN /L GA4' SUFf/C1,A,
Ry
Arromey"s O//ice /
• AIRPORT /
SERpICE PACSLITZ
LEASE.
THIS AGREE._.. made
and entered into this
cor ration orga�986,Zed by and between Monroe o ntday, of
corp10 after called and existing under the lawsyofaFloridapa
qualified to do business oin��hend Avis Rent A Car System,
called "Lessee")• State of Florida y • Inc.
(hereinafter
WHEREAs, Lessor has
ed
Operate an automobilerre to to Lessee a non-exclusive right to
International Ai rental concession at and from Key West
the *Airport"; and ort at Key West, Florida (hereinafter called
WHEREAS, Lessor and Lessee desire,
operations, to provide for in connection with said
the leasing by Lessor to Lessee of
certain real estate
facilities for the maintenanceAir,
for the establishment of
disposal of Lessee's used • servicing, Storage,
rental vehicles and for others and c
in connection with said operations, all as hereinafter more
specifically provided, purpose
NOW, THEREFORE, in consideration of the
premises
covenants and promises hereinafter and of mutual
do hereby agree as follows:contained, the parties heretc
1. Premises
exclusive U8e t e�- - Lessor hereby leases to Lessee for its
and said tract hecontainingreal
estate located in Monroe CountFlorida
designated "Service 30,002 square feet n Flor
and made a Area as shown on Exhibit Anattached hereto
non-exclusive part
hereof;
and in addition thereto hereby reflected by the attachedr ingress and egress to said ractnas a
for Ingress and Exhibit A in area designated "Easement
Egress .
''-
sometimes sAVE AN TO HOLD t_he said premises
appurtenances called
"Premi3eS or ~ (hereinafter
demised premises) with the
and improvements belonging, together with all structures
hereinafter , if any, thereon upon contained. p the terms and conditions
2. Term: - This lease
commencing August 1, 1986. is for a term of fifteen years,
3• Rental:
shall pay to o= Lessee► for and during the term hereof,
Premises and for Or for the use and Occupancy
the esanrights and privileges herein
Basic
following scheduled• ra•tess g granted it at
First Five years
Second Five years
Third Five years
15 cents per sq. ft.
area per year.
Total annual rental,
21 cents per sq. ft.
area Fer year.
Total annual rental,
29.4 ce t
Of the leased
$4,500.30-
of the leased
$6,300.42
area n s per sq• ft. of the leased
Total per year.
annual rental, $8,820.59
installments annual
l rental shall be
advance on or payable in equal monthly
each calendar month of the before the first business day of
beneficial Occupancyterm, Rental shall not be due until
commencement of thf the premises or one year from the
agreement whichever shall be first.
4. Lessee's Imnreve
during the �e :er�.,f y_ments - Lessee shai]
(a) to construct and install in and upon the premises
hereby leased, a building or buildings and such other structures
and facilities as it storage, may deem necessary or desirable for the
maintaining, and servicing of its vehicles hereunder
and for such other purposes as ma be
connectiOn withat its
eeo y necessary or desirable in
Operations at the Ai
for all fixed improvements shall submit Provided,
to the Board Plans and specifications
for approval, which approval shall not be County Commissioners
The term "fixed improvements' whenever used ninathis bleasetshall
�
be construed to include all buildings and other structures
erected upon premises
the prs
with stone andhe remise , all fencing, grading and surfacing
cables, pt all underground and overhead wires,
Pipes, conduits, tanks and drains, and all property of
every kind and nature, excluding trade fixtures, which is so
attached to any building or structure on the
may not be removed without material in'ur may that same
to the building or structure to which same shallo saibepattached.or
Upon expiration of this Agreement,. title to all improvements erected or installed by Lessee fixed
in or upon the
demised premises shall vest in
Lessee's trade fixtures and Lessor' excluding, however,
provided. Lessee shall commence oconstructionnal �ofsany rfixedter
improvements to be erected or installed 'by Lessee hereunder
within a period of four (4) months from and after the a
of the plans and s p ecifications therefor b approval
Lessor, and shall prosecute the work to completionof due
diligence; and,
(b) to install, maintain, operate, repair and replace
any and all trade fixtures and other personal
from time to time in connection with its Operationsron theful
Airport, all of which shall be and remain the
erty of
and may be removed by Lessee prior to or within raPreasonablessee
time after expiration of the term of this Agreement,
Provided,
premises
however, that Lessee shall repair any damage to the
caused by such removal. The failure to remove trade fixtures or
other personal propert
but all such y shall not constitute Lessee a holdover,
property not removed within ten
(10) days
Lessee receives a written demand for such removal shallabe-
deemed abandoned and thereupon shall be the sole property of.
Lessor. It is understood that, For the
r
Article, the phrase "trade fixtures"
limited toany signsshallincludef butsnot be
, , electrical or otherwise, used to
advertise Lessee's business in and about the demised
premises;
all machinery and equipment used in connection with the
servicing of automotive vehicles in or about the demised
premises, whether or not such machinery or equipment is bolted
or otherwise attached to said premises; any lift hoist,
compressor or other mechanical device used to service said
automotive vehicles; and all other miscellaneous equipment,
including, but not by way of litation, air conditioning
mi equipment installed in or placed on or about the demised
premises and used in connection with Lessee's business therein.
S. Utilities - All utilities will be
and billed directly to Lessee. separately metered
right of easement necessary-toLessor grants -to the Lessee the
at the sole ex ense construct, install, and maintain
facilities to connectfsaidsta all necessary tap lines and
lines to lln
Lessor and to receive all >said utilitiesthe andseri2ass of the
hereinabove provided. svce
6• 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 water, gas, electric power
and sewerage service consumed on the demised premises during the
term of this agreement, at regularly established rates;_
tc) to make no alterations
to the demised premises without the ' additions or improvements
Lessor, which consent shall not be nreas written consent of
u
(d) to keep and maintaintheonably withheld;
ood
condition, order, and repair Burin the demised premises in
and it surrender the same u g term of this Agreement,
condition r which the Pon the expiration of the term in the
and tear and damage y are required to be kept, reasonable wear
negligence, riot and by casualty, not caused by Lessee's
commotion, excepted;
(e) to observe and comply with any and all require-
ments of the constituted public authori
federal, state, or ties and with all
local statutes, ordinances, regulations, and
standards applicable to Lessee or its use of the demised
premises, including, but not limited to, rules and regulations
promulgated from time to time to b
for administration of the Airport;y °r at the direction of Lessor
tf)
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,
(A) 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
pse
insurable value" shall be deemedutoobes hereof the term "full a
prudent owner in like circumstances would insurensimfor
ilarhich a
property, but in no event an amount in excess of Lessee's
original cost of constructing said fixed improvements.
7. Lessor's Inspection and Maintenance
authorized officers, employees, agents, contractorssor and its
sub -contractors and other representatives shall have the right
to enter upon the demised premises for the following purposes:
the
oregulartbusinessihoursr(r at at reasonable
intervals duringsed
of emergency) to determine whether Lesseeohas compliedeanin
d isse
complying with the terms and conditions of this agreement with
respect thereto; or
(b) to perform essential maintenance, repair,
relocation or removal of existing underground and overhead
wires, pipes► drains, cables and conduits now located on or
across the demised premises, and to construct, maintain,
relocate and remove such.-facilitierepair,
s in the future if necessary
to carry out the master plan of development of the Airport,
provided, however, that said work shall in no event disrupt or
unduly interfere with the operations of Lessee, and
further, that the entire cost of such work, including rbut dnot
limited to the cost of rebuilding, removing, protecting or otherwise modif in g, relocating,
time erected or installed d or g anythexed isimprovements at any
Lessor, Lessee or third premises by
Lessor or its rights hereu dens' as a result of the exercise by
such fixed improvements hereunder, and
the repair of all damage to
Lessor. y, shall be borne solely by
8. Indemnification
Lessor forever harmleI indmnify and hold
ss from Landeagainst alle
eliability imposed
upon Lessor by reason of legal liability for injuries to
persons, or wrongful deafh,•and damages to
Lessee's operations or activities on such property caused hby
e
at the Airport, provided that Lessor shall give Le or elsewhere
and timely notice of an give Lessee .prompt
result in a judgment againstLessormade against Lessor which may
damage and promptlybecause of such injury or
documents, summonssdeliver to Lessee any papers, notices,
upon Lessor or its ' or other legal process whatsoever served
and its insurer, agents, and provided, further, that Lessee
. or either of them, shall have the right to
investigate, compromise, or defend all
and proceedings to the extent of claims, actions
in connection the Lessee ► suits
rewith the parties heretolagreestothereinfaithfullvd
anvpsaideactioneach
°then'and with Lessees insurer
9. Liability Insurance
Lessee
liability insuranre
ce with sponsibleinsurance aunderwriters,
insuring Lessee and Lessor against all legal liability for
injuries to persona, or wrongful death and damages to property
caused by Lessee's activities and operations
with liability limits of on said p not less than S100,000.00 forrs
person , and not less than $300,000 for anyone
any accident involving
injury or wrongful death to more than one person, and not less
than $25,000.00 for property damage accident. Lessee shall furnish a resulting from any one
insurance policy which shall Lessor with a copy of such
under said Policy, provide that Lessor is an insured
materially modifiedaexcepttupon policy cannot be cancelled or
notice to Lessor. A Pon ten (10) days' advance written
10. United States' Re uirements
subject and subordinate to
future agreement betwethe - This lease shall be
en the provisions of any existing or
relative to the o Lessor and the United States
Aeration or maintenance of the Airport, execution of which has been or may be required by the prothe
of the Federal Airport Act ovisions
f 1946, as amended, or any future
act affecting the operation of maintenance of the Airport,
provided, however, that Lessor shall, to the extent permitted by
law, use its best efforts to cause any such agreement to include
provisions protecting and preserving the rights of Lessee in and
to the demised premises and improvements thereon, and to
compensation for the taking thereof, and payment for
interference therewith and for damage thereto, caused by such
agreement or by actions of the Lessor or the United States
pursuant thereto.
that: 11. Lessor's Covenants - The Lessor covenants and agrees
(a) Lessor is the lawful owner of the property
demised hereby, that it has lawful possession thereof, and has
good and lawful authority to execute this lease; and,
(b) throughout the term hereof Lessee may have, hold
and enjoy peaceful and uninterrupted
and rights herein leased and po:session of the premises
nted Lessee of its obligations herein, subject to performance by
12. Cancellation by Lessor -
upon written notice to Lessee Lessor shall have the right
entirety, to cancel this Agreement in its
y, upon or after the happening of one or more of the
following events, if said event or events shall then be
continuing;
(a) if Lessee shall make a general assignment for the
benefit of creditors, or file a voluntary
or a petition or answer seeking its reorganization petition in bankruptcy
readjustment of its indebtedness under the
eFederal 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 substantially all of
the property of Lessee,
(b) if by order or decree of a court of competent
jurisdictpiprovinsee shall be adjudged bankrupt or an order shall
be made approving petition seeking
tion, or t
readjustment of its indebtedness undertthee ederalaBankruptcyhe
Laws or any law or statute of the United States or any state,
territory, or possession thereof, or under the law of any other
state, nation or government, provided, that if any such judgment
or order be stayed or vacated within ninety (90) days after the
entry thereof, any notice of cancellation given shall be and
become void and of no effect,
(c) if by or pursuant to any order or decree of any
court of governmental authority, board, agency or officer having
jurisdiction, a receiver, trustee, or liquidator shall take
-4-
Possession or control of all or substantially all of the
Property of Lessee for the benefit of creditors, provided, that
If such order or decree be stayed or vacated within sixty (60)
days after the entry thereof or during such longer period in
which Lessee diligently and in good faith contest the same, any
notice of cancellation shall be and become null, void and no
effect;
(d) if Lessee fails to pay the rental charges or
other money payments required by this instrument and such
failure shall not be remedied within thirty (30) days following
receipt by Lessee or written demand from Lessor so to do;
(e) if Lessee defaults in fulfilling any of the
terms, convenants, 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,
by reason of the nature of such default the same cannot be
remedied within thirty (30) days following receipt by Lessee of
written demand from Lessor so to do, then, if Lessee shall have
failed to commence the remedying of such default within said
thirty (30) days following such written notice, or having so
commenced, shall fail thereafter to continue with diligence the
curing thereof.
13. Cancellation by Lessee - Lessee shall have the right,
upon written notice to Lessor, to cancel this Agreement in its
entirety upon or after the happening of one or more of the
following events, if said event or events is then continuing:
(a) the issuance by any court of apparent competent
jurisdiction of an injunction, order, or decree preventing or
restraining the use by Lessee of all or'any substantial part of
the demised premises or preventing or restraining the use of the
Airport for usual airport purposes in its entirety, or the use
of any part thereof which may be used by Lessee and which is
necessary for Lessee's operations on the Airport, which remains
in force unvacated or unstayed fora 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 undei.this
instrument and the failure of Lessor to cure such default within
a period of thirty (30) days following receipt of written demand
from Lessee so to do, except that if by reason of the nature of
such default, the same cannot be cured within said thirty (30)
days, then Lessee shall have the right to cancel if Lessor shall
have failed to continence 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;
(e) the inability of Lessee to conduct this business
at the Airport in substantially the same manner and to the same
extent as theretofore conducted, for a period of at least ninety
(90) days, because of (i) any law, (ii) any rule, order,
judgment, decree, regulation, or other action or non -action of
any 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, the proceeds of insurance, if any, payable by
reason of such loss shall be apportioned between Lessor and
Lessee, Lessor receiving the same proportion of such proceeds as
the then expired portion of the lease term bears to the full
term hereby granted, and Lessee receiving the balance thereof.
If the damage results from an insurable cause and is only
partial and such that the said fixed improvements can be
restored to their prior condition within a reasonable time, then
Lessee shall restore the same with reasonable promptness, and
shall be entitled to receive and apply the proceeds of any
insurance covering such loss to said restoration, in which event
this Agreement shall not be cancelled but shall continue in full
force and effect, and in such case v excess thereof shall
belong to the asse,o_ an
or to such other address as the part
shall from time to time designate y theIng given such notice
to
in accordance herewith. other by notice
given
IN WITNESS WHEREDF#, the parties have caused these presents
(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 government occupies the
Airport or a substantial part thereof, or in the event of
military mobilization or public emergency wherein there is a
curtailment, either by executive decree or legislative action,
of normal civilian traffic at the Airport or the use of motor
vehicles or airplanes by the general public, or a limitation of
the supply of automobiles or of automobile fuel, supplies, or
parts for general public use, and any of said events results in
substantialor diminution
material interference with Lessee's normal business operations
automobile rental concession atsseethe,Airport,rcontin from its
period in excess of fifteen (15) days,inuing for a
the term offthisnatheeevent
that atsany time
prior to i or during
tly
operate an automobile rental concession eatnthe isright
drawn, cancelled, terminated, or not renewed by Lessor;
(9) the taking -of the whole or any part of the
demised premises by the exercise of an
eminent domain; Y right of condemnation or
(h) if at any time during the basic term or option
term of this lease a majority of the scheduled air
transportation serving the local area no longer operates from
the Airport; or
(1) if at any time daring the basic term hereof or
the option periods, the Airport or terminal building is removed
to a place more than three (3) road miles distant from its
present location.
14.
of Fixed
ets
cancellation roratermination ofsthis Agreement
event of any
Lessee prior to the expiration for an Y the Lessor or
yoth
destruction of the fixed improvements Oradefaulter
bytthe Lessee
hereunder, Lessor shall promptly purchase or cause to be
purchased from Lessee all of said price equal the fixed improvements at a cash
set forth below. Lessee's actual cost, less depreciation as
In the event that the Lessee is being replaced by a new
rental car concessionaire, the County shall require the
replacement concessionaire to purchase from Lessee, all of the
fixed improvements constructed in accordance with Section 2
hereof at a cash price equal to lessee's actual cost computed as
provided below, less straight-line depreciation over the terms
of this lease, to the nearest complete month of the term then
elapsed under this Agreement.
In the event that no rental car concessionaire replaces the
Lessee within three months (go days) of the termination of this
agreement, the County will purchase from Lessee, all of the
fixed improvements constructed in accordance with Section 2
hereof at a cash price equal to Lessee provided below, less straight-line de s actual cost computed as
this lease, to the oath o the
over the term of
nearest complete month of the. term then
elapsed under this Agreement.
IS. Lessee's Reserved Rights Agreement shall llm t or. restrict n - Nothing contained in thin
as Lessee may have now r. in the any way such lawful rights
against the federal, state future to maintain claims
department or agency ' or municipal government, or any
or commission or author=ityerorfother against any interstate body,
exercising governmental powers Public or private body
reason of the taking or Occupation,r by
or compensation by
otherwise, of all or a Y condemnation or
including fixed improvements athereontial nart of the
demised
or material
part of the Airport with adverse effects upon Lessee's use and
enjoyment of the demised premises for the purposes hereinabove
set forth; and Lessor hereby agrees to cooperate with Lessee in
the maintenance of any just.
thereby Lessee. claim of said nature, and to refrain
from hindering, opposing, or obstructing the maintenance
16- Assignment and Subletting - It is expressly agreed
and understood that any and all obligations of Lessee hereunder
member of the Avis System
may be fulfilled or discharged either by Lessee or by a Licensee
duly appointed thereto by Avis Rent A
Car System, Inc., and that any and all
granted Lessee hereunder extends Privileges p l
every kind
provided, however, that notwithstanding Licensee p
themethodofoperation
employed by Lessee hereunder
Lessee
remain directly liable to Lessorforalwaysshall continue to
terms and conditions of this Lease. performance of all
pt
out the premises may not be sublet, inxwholeaorhinabove inepart, andet
Lessee shall not assign
consent of Lessor, nor this agreement without prior written
any
of Lessee's interest crew edthereb , other by operation of law
consolidation. Y. other than by merger or
17. 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.
18• Liens - Lessee shall cause to
be
liens of any—'n ure arising our of or because eofvanyany and all
construction performed by Lessee or any of its contractors br
sub -contractors upon the demised premises or arising out of or
because of the performance of aby work or labor upon or the
furnishing of any materials for use at said premises, by or at
the direction of Lessee.
19. Time - In computing Lessee's
commence constructiY on of an s time within which to
fixed improvements or to cure any
default as required
delays due to strikes, , this Lease, there shall be excluded all
enemy, or by order or
enemtion locky, Acts of God and the public
municipal, State, Federal or other Governmentalerence departmentr other b,�y
board of commission having jurisd Lessee's control. iction, or other causes beyond
20. Paragraph Headings - paragraph headings herein are
intended only to assist 1-� ady identification and are not in
limitation or enlargement of the content of any paragraph.
21. Notices - AnY:n'
either Y otiee or other communication from
part 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 wham intended, at the following address:
For Lessor: Monroe County Hoard of County C
PO Box 1680 ommissioners
Key West, Florida 33040
For Lessee: Avis Rent A Car System, Inc.
900 Old Country Road
Garden Citv, New •,cry
or to such other address as the party being given such notice
shall from time to time designate to the other by notice given
in accordance herewith.
IN WITNM MMRUW the parties have caused
to be executed by their respective
thereunto duly authorizOfficer orrepresentativents
ed, the day and year first above written.
Monroe County
By:
Attest:DANNY Lb XOLHAGR Clot
Attest:
Avis Rent A Car system, Inc.
By:
AP C 'ED AST FOR?-?
.• C Ci:1: SU .FICIEhC Y.
KEY WFST nITERNA71 ON L
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STANDARD
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6'1
AVIS SERVICE FACILITY
LPL DESCRIPTION
A partion of Monroe Cbunty property being leased to an Automobile
Rental Agency at the County International Airport Facility for
the purpose of a parking lot.
This parcel of land being leased in Section 3, . SeRge. 25 E, on the Island of Key West, County of Monroe,SState
Of Florida and being more particulary described by metes and
bounds as follows:
Commence at a point 22.0' East of the intersection of the ,
centerline of the Airport Entrance Road and a line formed bX
the tangent line parallel to the -back of the curb at A-1-A or
South Roosevelt Blvd., said centerline being locate¢ approxima-
tely 365.0' East of the East corner of East Martello Towers.
Thence North 17° 49' 12" West in a line parallel to the edge
of pavement of existing Airport Entrance Road a distance of
213.4' to a point 10.0' to the East of the existing edge of
pavement of the entrance road defined by an iron pipe, said
Point being point of beginning of parcel of land herein described:
Thence from said point of beginning and @ Right Angles to prev-
ious course, along a course North 720 10k 39" East at a distance
of 140.0' to a h" conduit,
Thence North 17° 49' 21" West at a distance of 214.3' to a"
conduit,
Thence South 720 10' 39" West at a distance of 140.0' to a " conduit,
Thence South 17° 49' 21" East at a distance -of 214.3' back to
the point of beginning.
This parcel containing .689 acres.
Art Skelly
Director of Airports
RESOLUTION N0. 278 _ 1986
A RESOLUTION AUTHORIZING
CHAIRMAN OF THE BOARD OF COUNTY MAYOR AND
SIONERS OF MONROE CpUy COMMIS -
EXECUTE AN AIRPORT SERVICE TO FACILITY LEASE EAND
AND BETWEEN MONROE COUNTY AND AVIS RENT A CAR
AIRPORT.
SYSTEM, INC., FOR THE KEY WEST INTERNATIONAL
BE IT RESOLVED By THE BOARD OF CO
UNn MONROE COUNTY, FLORIDA, as follows: COI�AiISSIOh'ERS OF
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
approve and execute an Airport Service Facility Lease by and
between Monroe County and Avis Rent a Car System, Inc., a copy of
same being attached hereto, for the Rey West International
Airport.
PASSED AND ADOPTED by the Board of Count C
Monroe County, Florida y Commissioners of
at a regular meeting of said Board held
on the 5th day of September, A.D. 1986. '
(Seal)
Attest: DAIMY 1 KOLBAGa; CIerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Bq
ayor airman
AARRMW AS -To FORM