Item D33
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 5/19/04
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT:~RPORTS
AGENDA ITEM WORDING: Approval of Exhibit 'A' to the amendment of the Rental Car Concession Agreement for DTG
Operations at the Key West International Airport.
ITEM BACKGROUND: The amendment to the DTG agreement was approved by the Board on 2/18/04, without Exhibit A
being attached.
PREVIOUS RELEVANT BOCC ACTION: Approval of amendment to DTG Rental Car Concession Agreement. 2/18/04.
CONTRACT/AGREEMENT CHANGES: Exhibit A contains copies the of original Rental Car agreement, and
amendments.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: Approx. $84,000.00
APPROVED BY: County Attorney X
OMB/Purchasing X Risk Management X
DIRECTOR OF AIRPORTS APPROVAL
'2c+l-
Pe er J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM # ->>33
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: DTG
~~
Effective Date: 10/15/03
Expiration Date: 6/30/14
Contract Purpose/Description: Approval of Exhibit A to amendment to DTG Rental Car Concession Agreement
(Amendment to Rental Car Agreement was approved by the Board 2/18/04,
without the exhibit attached)
Contract Manager: Bevette Moore
(name)
for BOCC meeting on: 5/19/04
# 5195
(Ext.)
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 5/4/04
CONTRACT COSTS
Total Dollar Value of Contract: N/A
Budgeted? N/A
Grant: N/A
County Match: N/A
Current Year Portion: N/A
Account Codes: N/A
Estimated Ongoing Costs: N/A
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Reviewer
Date Out
Risk Management
4- 1zJ;~
~JDri
( ) ('14-
( ) (~
( ) (
( ) (
At23/tL+-
viLlfLL
~ ;#-/-0/
Lillo 10'1
Airports Director
O.M.B.lPurchasing
I I
---
County Attorney
I I
---
Comments:
EXHIBIT 'A'
,
CONCESSION AGREEMENT
AMENDMENT TO RENTAL CAR CONCESSION AGREEMENT
THIS AMENDMENT AGREEMENT is entered into this 15th day of July, 200t3and
between Monroe County, a political subdivision of the state of Florida (County) d DTG
Operations, Inc., f/k/a Dollar Rent A Car, (DTG) ".
LS'l~f-~S;l ~~,;, -
WHEREAS, the County is the owner of Key West International Airport (KWIA); ,
'J
WHEREAS, DTG is, and has been, a tenant at KWIA since 1987 providing the
traveling public with rental vehicles;
WHEREAS, the concession agreement between the parties will expire on June 30,
2004 ;
\
WHEREAS, the lease between the parties for the service facility dated September 15,
1987, will also expire on June 30, 2004;
WHEREAS, in consideration for a 10 year extension of the concession agreement and
service facility lease, DTG will undertake certain capital improvements at KWIA that benefit
the County, the public using KWIA and DTG; and
WHEREAS, the County desires to extend the term of DTG's concession agreement
and service facility lease by an additional 10 years; now, therefore
In consideration of the mutual covenants and promises set forth below, the County
and DTG agree as follows:
1. The concession agreement between the parties dated July 7, 1987, as
amended on January 3, 1989 and September 24, 2000, hereafter- original concession
agreement, is attached to this amendment agreement as Exhibit A and made a part of it.
The service facility lease agreement between the parties dated September 15, 1987, as
amended on October 16, 2002, hereafter the original service facility lease, is attached to
this amendment as Exhibit B and made a part of it.
2. DTG, at its own expense, agrees to construct the' following on its leased
premises at KWIA: drainage and paving; restroom upgrade; fencing replacement and: auto
gate; and landscaping. The improvements are more particularly described on Exhibit C
which is attached to and incorporated into this amendment agreement. The improvements
described in this paragraph and in Exhibit C must be completed by June 30, 2004, unless
the time for completion is extended by the KWIA Director for reasons beyond the control of
DTG.
3. The lease terms of the original concession agreement and the original service
facility lease are hereby extended until June 30, 2014;.
4. Paragraph 3(a) of the original concession agreement is amended to read:
3. a) Rental rate for the counter space of 108 square feet is $25.06 per
square foot, which is $2,706.48 per year or $225.54 per month for July 1,
2004 - June 30, 2005. Rental rate for office space of 110 square feet is at
$17.88 per square foot, which is $1,966.80 per year or $163.90 per month for
July 1, 2004 - June 30, 2005. The rental rate for upstairs office space of 140
square feet (Room 209) is $17.88 per square foot; which is $2,503.20 per
year or $208.60 per month for July 1, 2004. -:- June 30, 2005. Thereafter, the
counter rental rate and the rental rate for the office spaces will adjust
annually, effective July 1 of each year, by a percentage equal to the
percentage increase in the CPI for urban consumers for the preceding calendar
year. In the event of a deflationary CPI, no adjustment in the rental rates will
be made. The rental payments are payable in advance on or before the first
business day of each month if paid monthly or on or before the first business
day of July if paid annually. DTG shall be responsible for any sales or use
taxes assessed on the lease rental payments.
5. Paragraph 3 of the original servic~ area lease is amended to read:
3. The monthly rental for the period July 1, 2004 - June 30, 2005 is
$4562.94 per month, payable in advance on the first business day of each month.
Thereafter, the service area rental rate will adjust annually, effective July 1 of each
year, by a percentage equal to the percentage increase in the CPI for urban
consumers for the preceding calendar year. In the event of a deflationary CPI, no
adjustment in the rental rates will be made. DTG shall be responsible for any sales
or use taxes assessed on the lease rental payments.
6. Except as set forth in this amendment, all other terms and conditions of the
original concession agreement and the original facility lease remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
(SEAL) .
\
Attest:~, \ .
) ~ .
By . "L\ /\ l,.----
Title \J, {. k: j :J. WtYU.". MtLA
Se c. r e 'hl.('j
JairDolfar-DTG
~
DTG OPERATIONS(f:{j.. .
By tiw; .
Title J o' t., 'w1 2J1 Fed e y
ytryi~.. W~n:tU
Ii
R a
DATE~
EXHIBIT 'A'
\
(
THIs AMENDMENT to a rental car concession agreement is entered into by and between Monroe
. County, Florida (Lessor) and Dollar Rent A Car Systems, Inc. (Lessee). Copies of the original car concession
agreement between the parties dated July 7, 1987, as amended by the addenda dated November 3, 1987,
and January 3,1989, (collectively, the original agreement) are attached to this amendment and incorporated
into it.
In consideration of the mutual covenants and promises set forth below, the Lessor and Lessee acree
..
as follows:
1. Pursuant to Paragraph 3 of the July 7, 1987 agreement, the rental rate for the Lessee'$
counter space and office. space are established as:
a) Counter space - lOa square feet at $Z2.25 per square foot, which is $2,403.00 per year or
$200.25 per month.
b) Office space - 110 square feet at $15.88 per square foot, which is. $1,746.80 per year of
$145.57 per month.
c) Upstairs office. space - Room 209 - 140 square feet at $15.88 per square' foot, which IS
$2,223.20 per year or $18527 per month.
The parties acknowledge that occupation of the premises described above began on July!, 1999.
2. The rates set forth in paragraph one are in effect from January 1, 2000 through December
31,2001, at which time the rates will again be adjusted as provided for in paragraph 3(a) of the July 7, 1987
agreement.
3. The premises as depicted in the original Exhibit A are hereby modified to that depicted in
the new Exhibit A which is attached and incorporated herein.
.' fI
".: ,ESS WHEREOf, the parties hereto have set their hands and seals this 2t. :: day of
,,'> 2000.
:.
BOARD OF COUN1Y COMMISSIONERS
S;:E COUNTY , FLORIDA -
- t
~ ~ fnt:' . \J
- '\...e- --,~=-, ...t:._
U Mayor/Chairman '- ~
(SEAL)
Attest:
By \, '\~~ 'M 1 ~
Title - J.~ ~~
jdail-do/:ar
DOLLAR RENT A CAR SYSTEMS, INC.
(\ . I
Xi / ~ Ill:' ..It
- '1ft,. l L '..Vi, r '-J/
By
Title
AOOENDUH TO RENTAL CAR CO~CtssrON ACRE~NT
----
THIS ADDENDUM is entered into this ...B ,.. ~ day c
-
~A'" ~Q.r- ~ , '1989, by and bet~een HONROE COU~TY,
political subdivision of the: State of Florida, as LESSOR, ar:.
~undance Carriage Corp., d/b/. DOLLAR RENT A CAR or KEY WE~T, .,
LESSE!, in order to amend that cert.in Rental C.r Conce..ice
Agreelllent. entered into by the P'rti.., 'nd dated Septelllber 13,
1987, · copy of which .gre...ent is .tt,ched to (.nd made. p.rt
of) this Addendum.
The p.rtie. hereby amend the Agreelllent d.ted S.ptelllber 15,
1987, by adding to th.t Agreelllent the fOllowing new p.r.gr'ph lA,
i::ediately following .xisting P'r'graph I, .nd i~.di.tely
preceding ey.lsting paragraph 2.
lA. Addition.l Prellli.~ - LESSOR hereby Ie.... to LESSEE .n
",r.. for Use .. offic. ap.c., COnsi.ting of on. hundr.d .ix:y
(1601 .qu.r. f.et, in · lo..tion as .gr..d uPon 'nd d..i8O':.d by
"
the par:1es.
fou:-teen cents
Th. r.nt for thi. .p... .hall' be nine doll.r. .nd
($9. a) p.r aqu.r. foo: p.r i year, or a boeal of
I
four hundred sixtY-tvo dOll.r. .nd fOrty ~.n:.
one thousand,
($1 ,462.401 p.r y.ar. This r.n:. for this .ddi tion.l .p... .h.ll
. ~.
b. paid in 'qual 'monthly in.:.l11ll.nt., due .n~ p.yable, in
'dvanc., on the firat d.y of ...h c.lend.r 1lI0nth, or on .uch
oth.r date .s the p.rti.. may, in writing, .gr... Th. LESSEE
sh.ll b. r..pon.i~le for, and:sh.ll p'y f~r, ele.tri~ity suppli.d
'. -
to ~h1s .dditional spac.. The 1.... of this .dditional sp...
.
sh.ll .=n.., and be.om. ef:f..tiv., .. of August -1, 1988,
....
nOtllithat.nding- the fa.t that the parti.s may exeout. -this
. I
.dd.nd... on a lat.r date. The Ie... of this .ddition'l sp...
.hall COntinue, from month to month, until the .arli.r of (11th.
'-" !.-.' :....
. I. '. I
t.r=ination of :h. Agr..m.nt d.t.d S.pt'llIber 15, 1987, or (21 .n
"
.gre.m.nt, in writing, by the parti.. to :.rmin.t. the 1.... of
this .ddition.l .pac.. To the .Xt.nt th't thay .r. not 1ncon.1s-
t.nt with the t.rms of th1. paragraph, the tarms and conditions
..
of all oth.r p.ragraph. in the Agr.....nt dae.d Septelllb.r 15,
1987, .hsll .pply eo the .ddition.l sp.c. l....d pur.u.ne tn .".
"
EXHIBIT 'A'
KEY WEST INTERNATIONAL AIRPORT
TERMINAL BAGGAGE CLAIM AREA
,
::.
I
- I
___ 1
~,..... - - .
BAGGAGE YARD I
I
-
~ :::>::.
. -Z(fl
C\:)-
I ~~.
~:=a
CD~
~-
I ~
~
~ I
-r
I
/PXI3,o
9
I
'D 0 lJii It
: a~l~lf
I ._~
I
.'
'-
-....--- .
THIS AGREEMENT,
J \I /fj
a political
made and entered into
this ~ .day of
1987,
by
and
be cveen
Monroe
County. " a
subdivision of the State of Florida
(hereinafter
called "Lessor"), and Sundance Carriage Corp. d/b/a Dollar Rent A
.
Car of Key We'st, qualified to do b~siness in the State 'of Florida
(hereinafter called "Lessee");
WHEREAS, Lessor desires to grant to Lessee a non-exclusive
.
right to operate an automobile rental'concession at and from Key
West International Airport at Key West, Florida (hereinafter
called the "Airport) I and
WHEREAS, Lessor and Lessee desire, in connection with said
operations, to provide for the leasing by Lessor to Lessee of
cer~ain space in and around the Airline Terminal at the Airport
for the eStablishment of a Rental Car Concession to acco=:odate-
'\
the Lessee's CUstomers and provide space for the tecporary
placement of rental ready vehicles and for other purposes in
connection with said operations, all as hereinafter more specif-
ically provided;
NOW, THEREFORE, in c'onsideration 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 fo= its
.
non-excluSive Use the rental car counter located in the airline
terminal Key West, Monroe County, Florida, said counter contain-
."
ing 70 square feet,. to b_e replaced by a new 2BB square foot
- -
counter/back office area as shown on Exhibit A, attached hereto
. 30 ren;~~ car :eady spaces
... ..::. --
in area designated "Rental Car Ready Area".
and made a part hereof; and in addition theteco, hereby provides
I
'as reflected by the attached Exhibit B
2. Term - This Agreement is for a term of five years,
commencing October IS, 1985. -1,.,dl. ( . f'r;.""~f' ':' J./i1.~ #0 .("""rll...~#. ~ !:f'A("<.-
..
lC at the fOllowing scheduled races and fees:
(a) f9unter Renral: Counter space ren~al will be paid.
for at the following rntP.~:
Key West In~erna~ional Airpor~ _ Sll;12/sq.ft./annum.
Counter rental space includes:that space physically
enclosed by the counter, side partitions and back-
wall. These rates, which are currently equal to the
airline ren~al rate for pUblicly'exposed space, will be
adjusted biennially. This rate includes the operating
and maintenance expense directly relat~d to the airline
terminal Cost center plus allocated administrative COSt
plus return on invescment. In 1984 airline terminal
operating, maintenance and allocated administrative
costs accounted for S7.09 of the Sll.12 rate at Key
West. The biennial.~~justment will equal the actual
percentage increase, not to exceed 10%, in the operat-
ing, maintenance and administrative components of the
floor rental races.
(h) !eadv 5oaces: No charge.
(c) Concession Fee: Guaranteed minimum annual conces-
---- _.u 6-'"ancea
sion fee for each contract year of the 'five (5) year
term of this concession agreement s~all be in th~
follOWing amounts: '1 / ~1
For che First of said , $17,748.00
year term :
.' ....7/ rr.P
For che Second .. .. .. .. 1B,252.00
-
For the Third .. .. .. .. 37,500.00 ,1/~r
For che Fourth .. II .. .. ~ 3B,496.00~ 7/ ~c
I 39,504.00 ,.I 1/ q I
For the Fifth .. .. II ..
The Lessee agrees to pay monthly ten (10) percent of
gross revenues for the previous month or one rwe~fth
(1/12) the guaranteed annual minimum, whichever is
greater. In the event, the cotal amount paid during
anYone year period, under' chis method, exceeds ten
. -
2
- '-W 1.1'C: .......---
-_u_.... ...ee %:or the
neXt Subsequent period or, ~~ the end of the fifth
year, reimbursement will be made within thirty days.
(d) ~batement ProEram. The rebatement program,. ~long
with the. payment procedures for Counter Rental ar.d.
Concession Fees must be reporied as indicated on
"Exhibit C" atta.ched hereto.
A performance bond in the amount of S25,000 (rwenty five thou-
sand dollars) shall be provided the Board of County Commission-
ers and shall be held in escrow as security to ensure confor-
mance with the Contract Provisions. It is not the intent of the
County to call the bond for rental payments unless there is a
violation of the Contract.
4. Definition of Gross ReceiDts - As used herein, the
term "gross receipts" shall mean the total sum of money, from
charges for net time, miieage, and personal accident insurance,
paid or payable, whether by cash or credit, (after any discount
specifically shown on the car rental agreement), by the CUStomer
to concessionaire for or in connection with the use of vehicle
. ,
contracted for, delivered or rented to the CUstomer at the
airport, regardless of where the payment is.made or where the
vehicle is returned. The concessionaire for the purpose of its
. .
concession rentals shall report all income, both cash and
credit, in its monthly gross receipts statement.
;
S. AccountinE Procedures _ The concessionaire:shall keep
records of all sales ~nd rivenues, whether for cash or credit,
.
whether collected or not from it operations !n a manner.general_
ly accepted as Standard to .the autDtDobile rental industry
located on airports. Lessee agrees to operate its business upon
the airports SOt'hat a duplicate rental agreement invoice,
serially pre-numbered, shall be issued for each sal~ or trans-
action whether for cash or credit. Less~e further agrees that
it will mak~ available to Monr~e County, a full and complete
book of accoun~s and other rec~rds required by the Coupey to
3
.~~ ~~nance Director or other authorized representative, ~hall
have the right to inspect and audit the concessionaire's booKs
of accounts and other records in Monroe County, Florida. Know-
ingly furnishing the County a false statement of irs'gross sales
f.
under the provisions hereof will constitute a default by conces-
sionaire of this agreement and the County, may at its Option,
declare this contract terminated.
6. Abatement of Minimum Guarantee - In the event that el)
for any reason the number of passengers deplaning on scheduled
airline flights at the airport during any period of thirty (30)
"
consecutive days shall be less than sixty percent (60%) of the
number of such deplaning passengers in the same period in the
preceding calenda~ year, or in the event that (2) in the opinion
of the Board of County Commissioners, the operation of .Lessee's _
car rental business at the airports is affected through no fault
of Lessee hy 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-
dicinution in Lessee's gross receipts hereunder for a period of
at least thirty (30) days, and said shortage or other disruption
is not caused by a labor' dispute with Lessee, such diminution to
be satisfactorily demonstrated by Lessee to the Board ~f County
.
Cocmissioners then, in either event, the Minimum Guarantee Fee
should be abated for the period of time such conditi?n continues
to exist. During sa~d pe~;od of time, Lessee shall continue to
pay to ,airport ten (10%) of gross receipts from the operations
~
hereunder as hereinbefore defined.
7. Rental Reimbursement _ I~ 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 ~hich shall mean outside walls, interior
COunter shell and sUpporting back office wall, connecting doors
~nd the paVing of the rental car ready area at Key Yest, which
the County acknowledges is its responsibility, the monthly
n_ - -0"
l.
contractors for work ac~ually performed on the Counter office
area at Key West including materials furnished or labor perform-
ed in connection therewith. The County will contract for the
paVing of the rental car ready area. Minimum annual guarantee,
, .
percentage fee and square footage .rental rate will be fully
abated until the concessionaire's prepayment of the construction
COSt of the ready car area paving and rental counter/back office
area are recovered. The concessionair.e shall cause the keeping
of records thar will clearly distinguish between cost aSSoci-
ated with rhe construction of the counter shell and leasehold
,
improvements. The cosr of construction will be shared by all
concessionaires equally.
8. Investment hv the Lessee - All leasehold improvements
and their titles shall Vest immediarelv 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 ter:ination 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 Imorovements - Lessee has the right during
the term hereof, at its own expense, at any:time from time to
time:
to inStall, maintain, opprate, repair, and replace any
and all trade fixtures and other personal proper.~y
.'
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 remov~d by Lessee
'. I
prior to or within a reasonahle time after expiration
of the term Df this Agreement, provided, however, that
Lessee shall repair any damage to the premises ~aused
I
by such removal. The failure to remove trade fixtures
or Oth~r 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
.
c;
--W""C:UO.LQ improvements shall inc.lude any installation of walls,
rartitions, doors and windows, any electrical wiring, panels,'
conduits, serVice connections, receptacles or lighting fixtures
. .
a ttached to walls, parti tions, ceilings, 'or floor, al~ interior
finish to floors, walls, doors, w~ndows or ceilings: ~d 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: andoall
"
refrigerator rooms or vaults and refrigerated Waste rooms includ-
ing refrigeration or ventilating equipment included with same.
Any furniture, fi~tures, equipment, carpetinS and draperies not
classified as leasehold improvements above shall be the personal-
property of the concessionaire.
10. Dama2e and Iniurv - 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 agent~, servants,
.
or employees and except to the extent that 5uch damage to the
property is Covered by insurance required to be prov~ded by the
concessionaire under any ~ovisions 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)
o I
concessionaire shall pay, on behalf of the County, all s~ 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 0
of bodily injury,. including damages for care and loss of service,
including ~eath at any time resulting from bodily injury and
because of injury t%r destruction of properry, including the
o ~
loss or U$e thereof which may be caused by or result from any of
6
11. ~her Develooment of AIroort - Monroe Councy reserves
the right to further develop or improve the landing area of the
airports as its sees fit, regardless of the desires or views of
the concessionaire, and without interference or hindr~~ce,
provided: however, that in no even~ can the County deprive the
concessionaire of reasonable and direct routes of ingress and
egress to the premises.
12. Terminal Area Plannin~ - Lessee acknowledges that
Monroe County has Master Plans including ter.Minal area revisions.
Lessee hereby agrees to cooperate to the f~llest 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 tercinal
area. Costs for relocation will be borne by the County.
13. Utilities - EI~strici~y 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.
.. --.I ---
--- t""W,," 4. oS .
"
14. Lessee's Obli2ations _ 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.th~ trash dumps~r assessed
to him;
(e) to make no alterations, aJditions, or~improvements
to the demised pre~ises wichout the prior written consent of
Lessor,' which consent hall not be unreasonable withheld:
Cd) to keep and maintain the demised premises in good
I
condition, order, and repair during the term of this Agreement,
and to surrender Othe same upon the expiration of the term in the
condition in which they are required to be kept, reasonable wear
.and tear and damaRe by casualty, not caused by Lessee's negli-
gence. riot. and civil commotion. excepted j
ee) to observe and comply with any and all require-
ments of the COnstituted public authorities and with all federal,
....f"1I UUC nOt limited to, rules and regulations promulgated o from
time to time by Dr at the direction of Lessor for administration
of the Airport;
(f) to pay all taxes assessed'or imposed by any
. 0
governmental aUthority upon any building or other improvements
erected or installed on the demised premises during the term of
this Agreement.
-. -..-....""-
(g) to carry fire and extended coverage insurance, if
obtainable, on all fixed improvements erected by Lessee on the
demised premises to the full insurable value hereof, it being
\
understood and agreed that for purposes hereof the term "full
insurable value" shall be deemed to be that amount for which a
prudent owner in ~!ke circumstances would insure similar proper-
ty, but in no event an amount in excess of Lessee's original cost-
of conStructing said fixed improvements; and,
"
(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, cnnner or appearance
of such persons, concessionaire shall forthwith take steps
necessary to remove the cause of the objection.
IS. lessor's InsDection and Haintenan~e _ Lessor and its
authorized officers, employees, agents, contractors, ~ub-
.
contractors and other repreSentatives sh~11 have the right to
enter upon the demised premises for the fbl10wing purposes:
(a) to inspect ebe d~~sed premises at reasonable
intervals during regular business hours Cor at any time
in case of emergency) to determine whether Lessee has
. . I
complied and is OComplying with the terms and conditions
of this agr~ement With respect thereto I or
(b) to perform essential maintenance. repair. r~lo-
cation, or removal of existing underground and overhead
wires~ Pipes, drains, cables and conduits now located
on or across the demised proemises. and to construcc.
~
maintain, repair, relocate and remove such facilities
. .,
B
--r---' .
- -. -....., l;na.l:
-
with the operations of Lessee, and provided further,
that the entire cost of such work, including but not
limited to the cost of rehuilding, removing, reiocat-
t
ing, pro'tecting or otherwise :modifying any fixed.
improvements at any time erected or installed in or
upon the demised premises by Lessor, Lessee or third
parties, as a result of the exer~iBe by Lessor of its
rights hereunder, and the repair of all damage to such
fixed improvements caused therehy, s~all be borne
solely by Lessor.
16. Indemnification - Lessee shall indemnify and hold
Lessor forever ha~~less from and against all liability imposed
upon Lessor by reason of legal liability for injuries to persons;
or wrongful death, and .d~mages to property caused by Lessee's
operations or activities on such premises or elsewhere at the
Airport, provided that Lessor shall give Lessee prompt and timely
notice of any claim made against Lessor which may result in a
judgment.against lessor because of such injury or damage and
promptly deliver to Lessee any papers, notices, documents,
summonses, or other legal process whatsoever served upon Lessor
or its agents, and prOvided, further, that Lessee and its i~ur-
. .
said Work shall in no eVenc disrupt or unduly interfere
er, or either of them, shall have the right co investigate,
compromise, or defend all claims, actions, suics, a~d proceedings
to the eXtent of Lessee's3interest therein, and in connection
thereW~th the parties hereto agree to faithfully cooperate with
action.
each other and With Lessee's insurer or agents in any said
I
17. Liabilitv Insurance - The Lessee agrees to indemnity
and hold the County of Honroe free and harmless fr~m any and all
claims, suits, loss or damage, or injury to person~ or property
of whatsoever kind and nature in its operation, construction, and
maintenance. of this concession or in the exclusively o:cupied
area of the concessionaire.
and to tbe lLmits spetified in paragrapbs (ll througb (4) inclu-
sive below.
The Lessee shall require each of his subcontractors to
prOCure and maintain, until completion or that sUbcon~ractor's
work, insurance of the types and to the limits specified in para-
graphs (1) through (4) inclusive below. It shall be the respon-
sibility of the concessionaire to ensure that all his subcontrac_
tors comply with all of the insura~ce.requirements contained
herein relating to such subcontractors.
- -'.~e or the' types
B.
COVERAGE
Except as othe~ise stated, the amounts and types of insur-
ance shall conform to the follOwing minimum requirements:
(1) Workmen~s compensation - Coverage to apply'for all
employees for Statutory Limits in compliance with .the
applicable state an~.tederal laws. In addition, the
policy must include Employers' Liability With a limit
of S100,000 each accident.
(~) Comprehensive General Liability - Coverage must
include:
\
a. Minimum limits of S100,000 per person
and S300,000 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 - ~verage must include:
a. Minimum Limits of SlOO,OOO per person and
S300,OOO per OCcurrence for Bodily Injury
Liability and S25,OOO for Property Damage
Liability.
b. Owned Vehicles.
c. Hired and Non-Owned Vehicles.
d: Employer Non-Ownership.
..
the County. Certificates from che insurance carrier,
stating the types of COverage provided, limits of
liability, and expiration dares, shall be filed with
the County before operations are commenced. The
required" certificates of insur~nce shall not only name
the types of policies provided, bur shall also refer
specifically to this contract and section and the above
paragraphs in accordance with which such insurance is
being furnished, and shall stare thac such insurance is
as required by such paragraphs of chif contract.
If the initial insurance expires prior co the completion of the
contract, renewal certificates shall be lurnished thirty (30)
days prior to the.date of ~~piration.
lB. Non Discrimination - Lessee shall furnish all services-
--- -~ ~~~ed With
authorized under this agr~ement on a fair, equal, and non-
discriminatory basis to all persons or users thereof, charging
fair, reasonable, and non-discriminatory prices for all items and
services which it is permitted to sell or render under the
prOVisions hereof. PrOVided, however, thar noching contained in
this paragraph or in any. other paragraph of this Agreement shall
be construed as requiring the Lessee to seek approval by Monroe
County before or after Lessee establishes or alters its rental
.
car rates.
19. RUles and Re~ulations - Lesse~agrees to opserve and
obey, during the term of the oontract, all law., ordinance.,
rules and regulations promulgated and enforced by the County and
~
y any other proper authority having jurisdiction over the conduct
. I
of the operations at' the airports. Within thirty (30) days from
th date of this contract, the County shall provide the Lessee a
vritten list of all rules and regulations which it has promulgat_
ed up until that .time and which will effect the Lessee's opera-
tions hereu~der. In the event new rules and regulations are
contemplatea, written notice of same shall be furnished to
..
Lessee, and Les.ee will be given thirty (30) days to comply. In
this Lease, the Lessee shall so .noeify the Couney, and the
purties hereto agr~e: that any problems arising incidental t~ereto
will, as much as possible, be worked out beeween the parties
without the necessity to resort to further legal remedies.
. -------... ~-'-'C;l:
.
20. Furnishin2 of Service -.The Lessee further .covenants
and agrees that he will, at all times during the continuance of
the term, hereby demised and any renewal or extension thereof,
conduct, operate, and maintain for the benefit of the public, the
rental car concession provided for and described herein, and all
aspects and parts and services thereof aB,hereinabove defined and
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 accomplishmen~s of such purposes.
21. United States' Reouirements - This Lease shall be
subject and subordinate ~o the provisions of any existing or
. ~ >
future agreement between the Lessor and the United States rela-
tive to the operation or maintenance of the Airport, the exe-
cution of which has been or may be required by the provisIOns of
the Federal Airport ACt of 1946, as amended, or any future act
affecting the operation or maintenance of the Airport, provided,
however, that lessor shall, to the extent permitted hy law, use
its best efforts to cause any such ag~eement to include pro-,
.
.
visions prOtecting and preserving the rights of Lessee in and to
the demised premise and improvements thereon, and t~ compensation
for the taking thereof, ~d payment for interference therewith
and fOt damage thereto, caused by such agreement or by actions of
the Lessor or the United States pursuant th~reto.
I
22. LeSsor's Covenants - The Lessor covenants and agrees
that:
(a) Lessor is the lawful owner of the .
property demised hereby, that it has lawful
possession thereof, and has good and lawiul
authority to execute this Lease: and,
Cp) throughout the- :term hereof Lessee may
have, hold and enjoy peaceful and unint~r- _
rupted Possession of the premises and r1.ght~
herein leased and granted, subjeet to perfor-
mance by Lessee of its obligations herein.
Clan. und.r ch. agr..m.nc, in which ca.. Honro. Councy shall give
the L..... nOtice in writing to cur. .uch d.fault within thircy
(30) days, or ~he concession will be automatically cancelled at
the end of ~hat time and such cancellation will be 'without
forfeiture, waiver, or release o~ the County's right~o any sum
of money due pursuan~ ~o ~his agreement for the full term hereof:
(a) if Lessee shall make a general assign-
ment for the benefit of creditors, or file a
voluntary petition in bank:uptcy or a peti-
tion or answer seeking its reorganization or
the readjustment of its indebtedness under
~he Federal Bankruptcy Law~ or any other
similar law or statute of the United States
or any state, or government, or'consent to he
appointment of a receiver, trustee, or
liquidator of all or substantially all of the
property of Lessee;
(b) if bv order or decree of a court of
compe~ent'jurisdiction Lessee shall be
adjudged bankrupt or an order shall be mnde
apprOVing a petition seeking its reorga-
nization, or the readjustment of its indebt-
edness under 'the Federal Bankruptcy Laws or
any law or statute of the Untied states or
any state, territory, or possession thereof
or under the law of any other state, nation,
or government, provided, that if any such
Judgment or order be stayed or vacated within
ninety (90) days after the entry thereof, any
notice of cancellation given shall be and
hecome void and of no effect;
(c) if by or 'pursuant to any order or decree
of any COurt of governmental authority,
board, agency, or officer having jurisdic-
tion, a receiver, trustee, or liquidator
shall take POssession or control of all or .
SUbstantially all of the property of Lessee
for the benefit of creditors, provided, that
if such order or decree be stayed or vacated
within sixty (60) days after the entry ~
thereof o~ aur~ng such longer period in which
Lessee diligently and in good faith contests
the same, any notice of cancellation shall be
and will become null, void and o~ no effeCt I.
Cd) if Lessee fails tal pay the rental
charges or Other money payments required by
this instrument and such failure shall not be
remedied ~ithin thirty (30) days following
receipt by Lessee of written demand from
Lessor so to do:
(~) if Lessee defaults in fUlfilling any of
the terms, covenants, or conditions required
of it hereunder 3nd .fails co remedy said
d~fault within thirty (30) days following
receipt by Lessee c'f written demand from
Lessor so to do, or if, by reason of the
nature of Such default the same cannot be
remedied Within thirry (30) days following
- -- .~.. ..gO.L.~ga-
.'
--_MW_. ----~" said ch1rry (JO).days follow_
ing such \Jritten notice, or havlng'so com-
menced, shall fail thereafter to continue
With diligence the curing thereof.
(f) If the Lessee shall desert or abandon
the premises ~or seven (7) consecutive
~alendar days; or
(g) If the concession or the estate of ther
Lessee hereunder shall be transferred,
Subleased, or assigned in any manner except
in the manner as herein pe~itted, or
(h) If the Lessee shall fail to pay any
~lidlv imDosed 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 ~he 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
(1) If' the Lessee faUs 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 l1'labor'strike of which the
lessee has given the County immediate notice,
the concession may be cancelled within thirty
days of the giVing of notice by the County
and the Lessee shall noe be pe~itted to cure
Such default.
2'.
,
~dditional Remedies - In the event of a breach or a
threatened breach by Lesaee of any of the agreements, terma,
covenants, and conditions hereof, the County .hall have the right
of injunction to restrain the same and the right to i~voke any
.
remedy allowed by law or ineqUity, as if specific remedies,
indeonity or reimbursement ~ere not hereLn provided.,
The rights and remedies g~en to Monroe County are distinct,
separa~e and cumulative, and no one of them, whether or not
exercised hy the County, shall be deemed to be in exclusion of
any of the others herein or by la~ or in equity provided.
No receipt of menies of Monroe County from Lessee after the
cancellation or te~ination hereof shall reinstate, ~ontinue or
extend the term, ~r affett 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 thsrges then due or there~fter
falling due, or operste as a waiver of the right of the County to
as herein provid.d, or att.r the co.....nc_nt ot any proceeding,
or aft.r a final ord.r for Poss.ssion of the premises, the CoUnty
may d.mand and coll.ct sny ~ni.s due, or th.r.atter talling due,
:--.~... ur cenninate
. .
Without in any manner atf,cting such notice, proc..ding, or
,.
ord.r, and any and all such ~nie. and occupation of the premi-
ses, or at the election of the County on aCcount of Lessee's
liability her.under. Th. parties agr.e that any litigation
srising OUt of the agre.m.nt shall be. brought in Monroe County,
Florida, and d't'rmin.d under the laws of the Stat. ot Florida,
l..... wU I pa y any r'..onab 1. sttorney' s ft,es incurred if the
County pr,vails in the .nfort.m.nt of the agr..ment, regardl.s.
of wh.th.r or not a lawsuit is fil.d, inClUding but not limited
to all Costs and ~ttorney's fees incurred in collecting, trial,
bankruptcy or reorganizstion proceedings or appeal of any matter-
h.reunder and all cost, ~h~rges,and ,xp.ns.s incurred her.in.
25. ~aneellation bv l.ss.. - L.ss.. shall have the right,
Upon ~ri~ten nO~ice to Lessor, to cancel this Agreement in its
entirety upon or after the happening of one or more of the
follOWing ,v.nts, it said 'V'nt or 'v.nts 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 usuat
airport purposes in its entirety, or the use
of any part thereof which may be used hy
Lessee and which is necessary for Lessee's ".'
operations on the Airport, which remains in'
force unvacSted or unstayed for a period of
at lease one hundred twenty (120) days,
Cb) the default of Lessor in the performanc~
of any of the terms, covenants, or conditions
required of it under thip instrument and the
failure of' lessor to cure such default within
a period of thirty (30) days following
receipt. of written demand from Lessee so to
do, except that if by reason of the nature of
SUch defaUlt, the same cannot be cured within
said thirty (30) days, then Lessee shall have
the right to cancel if Lessor shall have
failed to commence to remedy such default
W~th~n. said thirty (3D> days following.
recelpt of Such written demand. or havlng 80
co-mmenced, shall fail" thereafter to continue
With diligence the curing thereof; ~
. .
"
- .~
- .
\~J ene'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,
(1i) any rule, order, judgment, decree,
regulation, or .qther action or non-action of
any Governmental authority, board, agency or
officer having jurisdiction thereof;
(d) if the fixed improvements placed upon
the decised premises are tOtally destroyed,
or so eXtensively damaged that it would be
impracticable or uneconomical to restore the
s~e to their previous condition as to which
Lessee is the sole Judge. In any such case
~he proceeds of insurance, if any, payable by
reason of such loss shall be apportioned
between Lessor and Lessee, Lessor receiving _
the same proportion of such proceeds as the
then expired portion of the Lease term bears
to the full term hereby granted, and Lessee
receiving the balance thereOf. If the damage
results from an insurable cause and is only
partial and such that the said fixed improve-
.ments can be ~es~ored to their'prior condi-
tion within a reasonable time, then Lessee
shall restore the same with reasonable
promptness, and shall be ent1tled to ~ceive
and apply the proceeds of any insurance
covering such loss to said restoration, 1n
which event this Agreement shall not be
cancelled but shall continue in full force
and effect, and in such case any excess
thereof shall belong to Lessee.
-
I
.-
(e) in the event of destruction of all or a
material Portion of the Airport or the
Airport facilities, or in the event that any
agency or instrumentality of the United
States Government, or any staee 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, of normal
civilian traffic at the Airport or the use of
motor vehicles or airplanes by the feneral
publ.ic, or a limitation of 'the supp y of
automobiles or o'f automotive fuel, supplies, "
or parts for general public use, and any of
said events results in material interference
With Lessee's normal business operations or
substantial diminution of Lessee's gross
revenue~from its automobile rental concession
at the Airport, continuing for a period in
excess of fifteen (IS) days,
(f) in the event that at any time prior to
or during the term of this agreement, Les-
see's presently.existing right to operate a
:automobile rental concession at the Airport
is withdrawn, cancelled, terminaced, or not
renewed by Lessor:
(g) the taking of the whole or. any part of
the demised premises by the exercise of any
right of ccndemnatjon or eminent domain,
(h) if ae any time during the baSic term or
opticn term of this Lease a major~ty of the
scheduled air transpOrtation serv~n~ ~h~
- I
.w~__ --~~ no longer Qperates form che
Airport; or,
(i) if at any time during the basic term
hereof or the oPtion periods, the Airport or
terminal bUilding is removed to a place more
than three (3) road miles distant from its
pres~nt location.
26. Lessee's Reserved:Ri~hts - Nothing cOntained in this
Agreement shall limit or restrict in any vay such lavful right
as Lessee may have no~ or in the fUture to maintain claims
against t~e federal, state, or muniCipal government, or any
department or agency thereof, or against any intersrate.body,
COmmission or authority, or other public or private body exerei
\
ing governmental povers, for damages. or compensation by reason
the taking or occupation, by condemnation or othetvise, of all ,
.
it substantial part of the 'demised premises, including fixed
improvements thereon, or of all or a material pa"t of the Airpoo
With adverse effects upon Lessee's Use and enjoyment of the
demised premises for the purposes hereinabove see forth; and
Lessor hereby agrees to cooperate With Lessee in the maintenance
of any JUSt claim of said naturec, and to refrain from hindering,
opposing. or obstructing the maintenance thereby by Lessee.
27. Assi~nment and Sublettin~ - It~s expressly agreed and
understood that any and all obligations of Lessee hereunder may
.
be fulfilled or discharged either by Lessee or by a Licensee
member of Sundance Carriage Corp. d/b/a Dollar Rent A Car of Key
~est, and that~any and all priVileges of every kind granted
,
.'
Lessee hereunder extends to any Licensee appointed, provid~d,
however, that notwithStanding the method of operation employed by
Lessee hereunder, ~essee always shall continue to remain dire~tly
liable ~o Lessor for the performance of all te~ and conditions
of this ,Lease. Except as hereinabove set OUt, the premises may
not be sublet in ~hole or in part, and Lessee shal~ not assign
J
this agreement without pr~or written consent of Lessor, nor
permit any transfer by operation of law of Lessee's interest
crea~ed hereby, other than by merger or consolidation.
28. Other Use - Lessee" shall not use or permit the use of
the demised premises or any part thereof for any purpose or use
..
other ehRn .:11:: RtIt"h...._,,__A ~..
_L.." _
lien. of any nature arising ouc of or because of any consc~
performed by Lessee or any of ics' concracCors or sub-cancra,
upon che demised premises or arising ouc of or because of tn
. .
perfomance oC ....y work or labor upon or the furnishing of a,
macerials for use ar said premises, by or ar the direction 0;
- - --... "Ud,~.L. cause co be removed any and
Lessee.
30. Time - In computing Lessee's t1me Within which to
-
tommence construction of any fixed imprOvements or to cure an
default as required by this tease, there shall be excluded al:
delays due to ~rikes. lockouts, Acts of God and the puelit
enemy, or by order or direction or other interierence by any
IllUniciPal, State, Fede~al ,or othar Governmental department, bc
,
or commission having jurisdiction, or other causes beyond Les-
see's conrrol.
31. Para2ranh Headin2s - Paragraph headings herein are
intended only to assisr in read identification and are not in
limitation or enlargement of the content of any paragraph.
32. Notices - Any norice or other communication from eithE
"
party to the other pursuant to chis Agreemenr is sufficiently
given or communicated if sent by registered mail, With proper
poscage and registration fees prepaid, addressed to che parry fc
whom intended, at the following address:
For Lessor:
i
Monroe County Board of County Commissioners
P. O. Box 1680
Key Wes;. Florida 33040
For Lessee: Sundance Carriage CorpOration
d/b/a Dollar Rent A Car
S012 W. Lemon Street
:Tampa, Florida 33609
or to s~ch other address as the party being given such netice
shall from time to time designate to the other by notice given in
accordance herewith.
.--: --0;" ....."t: ca.uSed tl1ese prese:
to be. executed by their respective officer or repreSentAtive
thereunto duly authorized, the day and year first above wr1Ct
(StAL) .
Attest :D.~ L. KOLRAGE, Clerk
v21: ~~JJ i2~
~l\ ~
.
.
(StAL)
Attest:
~
/ y_. .;e~~{#
--
,
~
I
J
- I .
BOARD OF COUNTY COMMISSION
OF MONROE COUNTY, FLORIDA
zj2~OR~~
SUNDANCE CARRIAGE CORPORATION d/b
DOLLAR RENT A CAR OF KEY WEST
.'
By .~~
.:. :.tH
--
. .,... .... . ,-.... II ~ ~..., .p~,..
. C(~: J;J: c.~
'. ."
, \ ..' . - :'\ \ \
' - 1~ I/', \ I). _ \ .' \ .
--~\\\'\i\'1~\.~\ '\Ii\\\'l',,\::' ~. \
. .,J..-oJ.-.......- . \\\''U IJ ~.~. t\ -;1 "1"~ I." ~
....,. .{.::. ,.~\... "\\\\\.\'\-==-l,~.'" .-"..>-~~.;.~
. -' ,'\4' '.' · lit. l:;-.... ;:", 1.;\'';'-1
./' : /. 1/,' 1/ i ",''''''''. \... "1;1~1 . ~._ : '~-:t.~~'i
. t t / \ I....., "'" _ '" ~_" \: ... .,o'
' · J I ~ ,_ , . _' ,. '." \.
~"I' C I . ..._. ~.... :. . ...;,.~.
' . I '. __':.._ , ,
. '/ ~, I .",........ -.J .. I \ "
. . . .- . .- / .~ ,,-,',,",., -- . 0\:
. ,.: : . ." h. i ,.:.;\1....:. ':'-.. I I' . \
. . '....,...' -- . .... .' '..," '. ..
I ,. .. -.J'~' . ,,-.... ". ',. "
It;,.' , A'1 f".;o - . ;.t'_ "", 'l~'l . " '.l
' ::!. ~ I '0", "," "i ...." '-1:'1.>':" ',.. .'. ...;:
. ~-, j. ; X' ......-"' '.' ,; '; 1\ \ l.r. {' '.
.:.~.! ..' ..If' *".7'. ...~...~,.,..,...; 1. :Jlu~: .
. J J".. . t"'" \\ c_ .. . ". ,."
i. " .", ". !,., ..1. .. . f: .."
t.' . ...,.'!:!..,.,..... I;' ""
. ~ . ", . I , .,. ....1. I, . I
' I . //.. .. ~"I' ; .. . :" ! . :: I "
I. . I."" .' .1. . I. I I .
'~i .. :''',' LI L ~;~-.: ~ IE '" ~. 'I 'I'
. . -I f . _ .
.' ,- - ..
t I ) - , _ - I=-? . ,I
" '., I il~ j d!= ~W.~': . :;'>"./" I, .
; I I] ;"1111~/1'5 :.::. ~i i,'!;:, =!E @= ~I 1/; ':.. -(l"~ ~ ./~/\,~ " j I ':
t' --'-"~/II' :.... _ . '-fl~ t I ,\.' \ . I!
: 'Il .HI, .- I;] I,;i ~.,"c.s =-q.'illi \\' <, .' \ I
"; :,..~~ r.:' '-. . \.. -.11. ") '.'. '\.... '. I i
. "I"tU' ._.1 ~-. '. ,ll . ,. '.', " '. I . I
'. ... - ; .-;....-"...... ,.! '.
. . , -, -- -. ::111' '. '\' ,
r ,.. =.. - "I' .. ~ ,. " 'y/" I',
llt- - f - .. E- ':-"~ I ,. , I. \. !
. . 4' I - - I .. ". _. . .... J I,,, . _ : . .
! :1'. "f' .. :~I[ ~J-' :-";~1. .,.. .. I ....
'. . !... ". '. -. . - "~ I "I' . .
. ,'" ;"J ~"l. '.. ':.1... .;I~.. ~,.<\ 'y,_,. '. "-: .).. ; ,.
,\.// i.Jr'I'~ -~. !7:/~ ~:.:! r:~ "~j/l"- ~""(~~'t":.~~~ -/..1
r I-I~' ~ ;i', J~ =: 14ilg .' . ~'~I'JI ; ~/;"......'l . "-'? :i~,
I~. 'f- t a= ~:-; 'I~:t:.!. ,:: 31 Iii r. . ." qi&:;1
I . ".' ~. ...... , p. _ -"11. '.' .,.~ ,.':
i ., 'j' i 'il~ I'r.~.; .: ,J=;. ':;"":. . .'. '. . ,'" '"
. . \'~ ... \' " ...., f: 1!
:: ~." I '{~,:: .\S. '. . .:!~J/'" M'~~ .'. ..: .~.. ,,~ t~
.. . .. . . ::.. '< . .-"..... - · 7. ...fJ.. . . ,
." .... ~'._.' -"---.... ../1;. -. . . .! '. il1 .:;
'-', '\\ ".. -c->-'~1;~~ S!5t.~..-Sf.....,...El:.fl
,. If; . '~'f . .....-~. ........ '. . ..;,I-f.... ... '..:,"- '......
/,. .'f" ..~. -~:;':"--'" .. .'rll' ~j'!" ..,.......... ~--:;:.. .. 'fT
. ,." . . . . --" ..... . '.
. ..... .' ..... ',' " " '.
.; n' . - . . I ,\ 1 f' .
' . '. '" · " .. "ll .
'I . 'V : . I _:; ... _'_'. ..~_
1 %''', ~. ."'., {'--I.... :" 14
I I . ..<I, ....~.~~= ''';;;';'':7'''' . .; :". /. J'. I .t
... - . ~''''7' ,~. '. ..-... 1', . . ,. . ': ",
; I !.;:, .:'.', '.. _ '. L I ~
lIJ co . '.':/ \ ':'I
. 0 . , " "', I '!
~~I '. '(' .... I ! 1
"'> .'. ", .
~,. . . I . ,), r.
",. . . ~~... i:\ r I I
'''' .' . 10' r It
..... () ". I h'
...., . ", . I r ;
> J I :.
r I ,;i' .'
_ I .,~
~
, .
..
I
\ .
, ~
\ ~
I
. \. .....-
. . I
" I
I
." '.
-
Honroe County, Florida
Honthly Invoice and'~ebatement Statement
tlfhi bi
~
For:
To:
Oa t'e:
I. Constructfon Proaram Information
Invoice I:
Rental Cu
Counter
Renta I C4r
Readv Area
----
TOtal
-
A. Current Month1s Construction Cost- S
Note I ·
'B. Prior Months Construction Cost
C. Total to date--Consttuction Costs S
II. Contract Bfllino Information
A Coun~er Rentlel:
'-I. Current Month--
'0"( sq. ft. times
17. Plus prior mo-nths rent
13. Total to date--Ccunter
ra te .
-
rental
a: 'Concession Fees:
I. J/I2th of Guaranteed annual
,mi n imulIl .
7. IO~ of previous .month1s gross
revenue
1. Greater of lines I or Z above
4. Plus prior months concession
fees .
~. Total to date-concession fees
Ill. Honthv Invoice Statement'
IA.
8.
C.
'0.
Counter Rental 'Line 1I.A.3)
Concession Fees (Line 11.8.5)
Cess construction costsfline I.C.)
Amount Due or <Amount of Rebate
Credit> i
$
$.
"
$
S
$
s
(
>
','
.'
~~
Hotes and Instructions
--
Note 1.: lessl}e must attach copies of paid invoices which agree ~fth _
copies of cancelled.checks which when totalled agree with Line I.A.
Instructions:
A. Lessor--the l\frport Director is to complete all lines with the S}'lllbol _,_
and forward lnvoices to lessee within seven (7) days after receiving
prior month's Invoice and Rebatement Statement from the lessee.
s. Lessee--wil1 complete all Ifnes ~ coded with the symbol _,_, and
forward along with payment no later than the last date of the month
preCeding the current month1s invo~ce.
..
nns ADDtNDUM TO AGREEMENT is. entered into this ,3p.,.., dAy of
'.j/Q/..,,,6U -' 1987, b~ and beC10leen Honroe Coun<Y, Pllr1:y o.f tlie
first part and Sundance Carriage Corp. d/b/a Dollar Rent a Car of
Key West, party of the second part, in order to amend that
certain Rental Car Concession Agreement entered into: by the
parties dated July 7, 1987, and the pa~ies do hereby agree and
stipulate as follows:
1. That the commencement date of October IS, 1985, as shown
in paragraph 2 of the said Rental Car Concession Agreement, is
hereby eXtended to such time as the party of fecond part occupies
new, improved space as provided for by the Airport Manager.
2. In all other respects, said Rental Car Concession
Agreement dated Ju~y 7, 1987, shall govern and remains in full
force and effect.
IN WITNtSS WHtREOF, .t~e parties hereto have caused this
Addendum to Agreement to be executed as of the day and year first
above ~itten.
(SEAL)
- A t t es t : DANNy L. KOlHAGE Clerk
,.,' ,
MONROE COUNTY, FLORIDA
8y =1t:~.t.-f.ard
of County Commissic~~of
Monroe County, Florida
..!J.1.'. ~4dj.. ~~ 00-
,
~.
.'
#.
;'
(StAL)
I
SUNDANCE CARRIAGE CORP.. d/b/a
DOLLAR RENT A CAR OF KEY WEST
By C/' ~,~
/ ~~~.
'.ttest:
:'~tarY
..
n. Ol-,Q~
AI I. G.14 SlIFFta l 1
e~ · r;::;:,;}'
EXHI8.1T '8'
,
DOu.AR RENT A CAR
l1-fIS LEASE EXTENSION agreement is entered i 0 and' between ~onroe County, a political
subdivision of the State of Florida hereafter Lessor;. and . , nerea~i.f.'Lessee or
' .
Concessionaire. Copies of the original agreement between the parties dated September- 15, 1987, (the
original agreement) is attached to this amendment and incorporated'
WHEREAS, the parties desire to extend the original agreement: now, therefore,
IN CONS!DERA nON of the mutual promises and covenants set forth below, the parties agree as
follows: . .
1. Paragraph 2 of the original agreement is amended to read:
2. Term. This Agreement is for a term commencing on September 30, 2002 and expiring
on June 30,2004.
2. Paragraph 3, is amended to read:
3. Rental. The monthly rental is $4,456.00, plus tax of $334.20 to be paid in advance on
or before the first business day of each calendar month of the term.
3. Except as set forth in paragraphs one and two of this lease extension agreement in all other
respects the terms and conditions.~f the original agreement remain in full force and effect.
_~ :. .') '~,:VD'NE~~ WHEREOF, the parties hereto have set their hands and seals this
- f!', &". Yi9 gc; /K 2002. ~
- . .' ", .
"
Ii
..,(,,/
/6 i7f day of
(SEAL)
A TIEST: DANNY L KOLHAGE, CLERK
'G-.~
, Deputy Clerk
SOARD OF COUNTY COMMISSIONERS
i ~: MONRO~E coo;' flORIDA
MaYorkhairperson
(SEAL)
Attest:
lj\&. J\ ~
Sccretary.....J
Vicki J. Vaniman
Secrstary
OOLIAR REm' A CAR SYSm1S, INC.
:.). ....~ =.......,'...~ C..".l.....,'...
Sy
~t/. ~I
Vice President
Dean W. Strickland
V.f., PropertJes & Concessions
..v'Ro~ .
~
J'dc:tir$X
A!KrU~. ~~RVICE FACILITY;
LEAsE
THIS AGRlEMENT ,
~+,--J,~,. , A.D.
pol~t1cal subdivision
..
made and entered into this ~ day of
1987, by and between Monroe CO~ty, a
of the State of Florida (hereinafter called
I .
"Lessor"), and Sun dance Carriage Corp. d/b/a Dollar Rent A Car of
Key West, qualified to do business in the State of Florida
(hereinaiter called "Lesseelt) r
...
.
:I :
WHEREAS, Lessor has granted to Lessee a non-exclusive right
to operate an automobile rental concession at ,ad from Key'West
I
International Airport at Key West, Florida: (hereinafter called
the "Airport")r and
I
./
WHEREAS. Lessor and Lessee desire. in connection with said
operations, to provide for the leasing by !Lessor to Les.ee of
I
certain real estate on- th~ .Airport for the establishment of
' I
facilities for the maintenance, servicing; Itorage, 8ale and
I
disposal of Lessee's used rental vehicles and for other purposes
in connection with said operations, all as hereinafter more
specifically provided.
,
NOW. mEREFORE, in consideration of the "premises and of the
I
: ." ~
mutual covennnts and promises hereinafter~ontaineat the parties
I
hereto do agree aa follows:
-
I
1. Premises - Lessor hereby leases~ to Lessee for its
. I
!~clusive us. the real .state located in Monroe Courity, Florida.
,aid traet oan.aining 23.421~ aquar. f..../and b.ing ~igna'.d
'Service 4rea" as shown on Exhibit "A" attached hereto and made a
'art h.r.af, - and in addition ther..aj h"ereby gran.. a
on-exclusive eas81llent for irigresa and egress to laid tract al
eflecUd by the.' attached Exhibit "A" in area designated
Easement for Ingres8 and Egress." or
TO HAVE ARb TO .BOLD the said: premises (~ereinaftez::' somethes
dIed the hpremia.." or "demiaed premisea") with the appurte-
inces thereunto belonging, together with! all 8truCturea and
I '"
nprovelDenta t .. ~ _..
~ -&" ,
!re1nafter contained.
thereon' upon the tems and conditions
"~
3. Rental.. Lessee; for and during the term hereOf, .hall
pay to Lessor for the use and occ.\1pancy of .atd Ba8ic Premiaes"
'and for the rights and privileges berein granted it at the
,
following scheduled rates:
. -_W~.
First Five Years
,
'j
15 cents' per sq. ft. of the leased
area per year.
Total ~nual rental $3.513.15
21 cents per sq. ft. of the leased
area per year.
Total annual ~ntal $4,918.41
Third Five Years 29.4 cents per:sq. ft. of the
leased area per year. .
Total annual .~n:al $6.885.77
. '.:. I
The annual rental shall be payable in equal monthly !nstall..
ments in advance on or before the first liusiness day of each
Second Five Years
calendar month of the term. Rental shall DOt be due. until
beneficial OCCUpancy a: the premises or i one ""ar from the
co~encement of this agreement, whichever shall be firat.
I
4, Lessee's Inmrovemen~s .. Lessee ahall have the right
during the term hereof, at its own expense, ~t any time fram time
I
to time:
Ca) to construct and
premises hereby leased, a
such other structures and
install ~. and upon the
building or buil4inga an,!
· "S .'
facilfties as it may deem
necessary Or deSirable for ~e storage, maintaining and _
servicing of its vehicles hereunder and for .uch other
purposes as may be necessary ~ desira6le in conne~~~on
. I
with its operation at ttie Airport, provided, however,
thae'ta.see tirst shall submit' plans and specifications
. ~
for all fixed improvements to the Boa;d of County
. I
C~SS1.oners for approval, which approVal shall DOt be
unreasanabIY.Withheld. The term "fhed "improvements"
tl
whenever USed in this lease shall be CCD8~d to.
o ! ,
Include all buildings and other structUres erected upOD
the premi.... all fenCing, irading and surfacing vith
atone and/or hardtop, alt" underground and overhead
wire.. cable., pipe.. conduits, tanka and draine, and'
--...,
WQ~CU .... 110 aetachec1 CO I my bU1.1cUng or.'
.tructure em the- premises thae same may not be 1"IIIIIOYed
. ,
withoue Dlaterial injury to.. .aid property or to the
bUilding or structure to which same .hall be att~ch~d.
,
Upon expiration of this Agreement, t~tle to all f~ed
improvements erected or installed by Lessee in or upon
the demise~ premises shall vest in Les.or, excluding,
however, Lessee's trade fixtures and personal property,
as hereinafter provided. Lessee .hall commence
. 0'
construction of any fixed improvements' to be erected or
\ "
installed by Lessee hereunder within a period of four
(4) months from and after the approval of the plans and
specification~ therefor by or on behalf of Lessor, and
shall prosecute the work to completion with all due
diligence, and
!
(b) to inscall,'maintain, operate, repair and re-
I
place any and all trade fixtures arid other perlonal
I .
property useful from time to time 111 connection with
its operations on the Airport, all of which shall be
and remain the property of Lessee and !~y be removed by
Lessee prior to or within a reasonable ~tme aftfr
· . 'S. .
expiration of the term of this Agreement, provided,
however, that Lessee shaU repair ~y damage to the
premises caused by such remov~f. TheJfailure ,to remove
. ill
trade fixtures or other personal p1;'operty .ha 11 not
constitute Lessee' a h~-ld-over, but 111 such pro;~rty
, I
not removed within ten (10) days after ~ssee receives
4 written demand for such removal .hall be deemed
a~andoned and thereupon shall be the .01e property of
Lessor. It.' b understood that, for purpose. of thb
. v
Articie, the phrase "trade fixture." .hall 1Dclu~, but
.halt 1lae be 1Weed to, any .~. e1ecertcat or
ath.n.t... ".ad to .d"ert:~:ae Le..ee' . busine.. in and
about the demised premiseS I all machinery and equipment
used in connection With ~he servicing ;of automotive
attached ~o said ~emise., &DY 11ft haist, CCIIIpre..or
.'
or other mechanical deVice used to .ervice .aid
..
automotive vehicles, and all other miscellaneous equip-
ment, inCluding, but not by way of 11m.tation, 'air
. .
condi tioning equipment installed in or placed on or
about the demised premises and used in connectioD with
Lesseers business therein.
S. Utilities - All utilities will be separately mecered
and billed directly to Lessee. Lessor grants to the Lessee the
right of easement necessary Co construct, tns~all and ma~ntaiD,
at the sole expense of Lessee, all necessary tap lines and
I
facilities to connect said tap lines to the supply lines of the
Lessor and to receive all said utilities and service as
hereinabove provided.
6. Lesseers Obli2atians - Lessee covenants and agreesl
Ca) to pay the rent and other' charges herein
payable,
I
reserved at such times and plAces as the same are
I
Cb)
'-
to pay all
,
charges for wate~, gas, electric
i'
consumed on the demised
. - I -i ,,'
of .this/ agreement, at
power and sewage service
premises during the term
regularly established rates.
ec) to make no alterations, additions or
improvements to the demised premiaes without the prior
~'-
written consent 0(" Les8J'r, which consent shall not be
unreasonably Withheld, ~
...
Cd) "'to keep and maintain the demised premises in
good condition, order and repair during the term of
. I
this Agreement, and tD surrender the same upon the
0{
expiration of this tem in the condition in vhi~ they
are requ:l.t'ed tD be kept, reasonable wear and te~r and
damage by ca.ualty, not cau..d by Leasee I 8 nelligence t
riot and civil commotion, excepted,
...
Ia
With all federal, .state or-~:::lr~"tuJe., ~c;
regula.1oa" ...d .....ilarcla apP!i~le .../ teeeee for' ita
use of the demised premises, including, huc DOt limited
to, rules and regulations promulgated fram ttme'to time
. :
by or at the direction of Lessor for admin!- stratiOn
of the Airport,
ef) to pay all taxes assessed or imposed by any
governmental authority upon any building or other
improvements erected or installed on the demised
premises during the term of this Agreement.. and
(g) to carry fire and extended coverage
insurance, if obtainable, on all fixed improvements
erected by tessee on the demised premises to the full
insurable value hereof, if being understood and agreed
.
that for PUrposes hereof the term "full insurable
value" shall be deemed to be that amount for which a
prudent owner in like circumstances would insure
in no event an ameunC in excess
similar property, but
of Lessee r s original
improvements.
cost af constructing said fixed
.
.:
Lessor r II Insneet10n and Maintenance _ Lt.ssor and its
7.
authorized officers, employees,. agents, coneractors, sub-con-
tractors and other representatives shall have the right to enter
I
. I.
upon the demised premises for the folloving' purposes' ,.
. :~,
(a) to inspect the-demised premia.s at reasonable
intervals during regular business hours (or at &DY time
~
in case af emergency) to determine wbeth~r teasee has
. I
complied and 1.a complying with the tem. and conditions
f hol .' I .. ..1
o t 48 agre~t with respect thereto,/ or " .
(h) to perfom essential maintenance, repair,
relcca'lac or ~vel of 8Ki.'1ng ~'8~O~ ...d
overh.ad vir.., pip.., dra~8, cables rd ccmduits now
locared OIl or acros. the demised premises, ad, to
cons truce , maintain, repair, relocate and r-.ava such'
----- !lA.an of cteve.loP1Dent: of the Aiz'pore, Pl'o'v1ded,
however, - that .aid. WOrk .hall in DO ft81lt clUrupt or
unduly interfere w1.th the 2Perationa of te...., ad.
provided further, that the entire cost of such warfe,
,
including but not limited to the cost of rebuild~,
removing, relocating, protecting or otherwise modifying
any fixed improvements at any time erected or 1.utalled
in or Upon the demised premises by Le.sor, tessee or
third parties, a. a result of the exercise by'tessor of
its rights be~eunder t and the repair of all damage to
\
such fixed improvements eaused thereby, shall be borne
solely by Lessor.
8. Indemnification Lessee .hall indemnify ad bold
:/
Lessor forever harmless from and against. all liabiU,ty impoled .
upon Lessor by reason of legal liability for, injuries to peraons,
or wrongful death, and '~~ges to property caused by Laslee's
operations or activities on such premiaes . or elsewhere at the
Airport. provided that Lessor shall give Leasee prompt and 'timely
notice of any claims made ag~inst Lessor which may result in a
judgment against Lessor because of such injury or damage and
.~
promptly deliver to Lessee any papers, 'notic~., dc,~ent.,
. "S .
summonse., or other legal process whacsoe;er served upon tessor
or its agents, ad provided., further, that tessee and its
insurer, or either of them, ahall have the/~t tD.1Dve.Cigaca,
compromis., or defend all claima, actions, ~uits aDd ~ceed!ngs
'.
to the extent of Lesl~e 's interest thereiD. ad in connection
,
therewith the parties bereto agree to faithfully cooperate v1.th
each other ani! with Lessee.' 8 1n,urer or! agents 111 any said
I
I
action. I
9. Liability In.urance - Less.. ahill carry public
" .
liability tnauranc. with responsible tnauranc. uaGerwriters,
licens.d and registered to do busin.ss 111 the State of nOrida,
insurins Lese.. and Lee.or asa!nst all 1.sal U.ability for in-
jurias to p.rsons, or wrongful deat:h, 8Ild damas.a to prapert:y
eau..d by Le.....s ~tiv1t1e.. and operations on .aid premia.e,
.. ,
,
.
I
j
I
:
.'
.......I;.UU VA; ala urpOrl: or tile Airpon
I _
faciliti.., or ill. the event that ~ "8IU:T. or.
. I'
instrumentality' of the United States GoveZ'IDIeD=. or .,
.. I
state or local lovernment occupies the A!rpo~ qJ:' a
. "
substantial part: thereof, or in the eYen= of IIdU,tary
.
mobilization or public emergency vher~:f.n there 1a' a
curta:Ument, either by executive decree~ or legulative
,
action, of normal civilian traffic at i the Airport or
I
the use of motor vehicles or airplanes: by the seneral
pub l1c, or a l!mitation of the supply of automahU... lor.
. I , I ..
of automotive fuel, supplies, or pans for: seneral
. I
public use, and any of said events results 1n material
int.rf.renc. with La...... ~.~l buai~". operatiGna
or substantial diminution of Lessee t 8/ ara.. nVenue
from its automobile rental concession at the Airport:,
.
continuing for a period 'in excess of fifteen CIS) days.
(f) in the event that at any time prior to or
during the term of this agreement L.lsee ' s preaently
i
an autOmobil. rental
eXisting
right to operate
-
I
at the Airport: 1a withdraw,
cancelled,
concesston
terminated, or not renewed by Lessorl
.
. "$
(I> the taking of the whele' or any pare of the'
demised premises by .the exerciae of 8I1Y ~ilht of
condemnation or eminent demain. ' I
(hI if at ~y r:- during th~ I ba.ic ';'rIiI",~
Option term of this Lease a majority of the acheduled
. ,
air transpOrtation serving the local &rea DO longer
operate. ftam tba Airport, or., I
. III if at any rima cIurizI& the ~ic' tazlI hereaf
. , .. .
or the option' 'periods the Airport: or terminal building
. . I .,
b .removed ..to . a place IIIOre than three) (3) road ~le.
distant !tam ita prelent loeation. .
14. ~h... of lPlx.d A..~ea _ In Ithe evea1: of any
:ancellat1ou or tend.Daelan of Chi. Alreellelll: by dI. x..aor or
. I..
"..ee prior _ 1:0 th. apU:at1on for my ca1l8. :other t:bma
... I
I
","
1
I
I
,
I
I
"
I
I
herellZlder. Laa.~~- o!wll ~dr~ -~~r .... ;.... - ;;::-~
purcha.ed from Lesaee 'a11 of said fwd !lll;roy_ta atf a cub
price equal to the Lesaee' 8 actual cost, l..J depreciation .. s.t
forth below. I
I ,.
In the event that the Lesaee. is be, replaCed by a new
rental car concessionaire, the County sha:!l require the m-
I
, I
placement concessionaire to purchase from :Laas.., all of the
I
I
fixed improvements constructed in accordance with Sect10D 2
hereof at a cash price equal to Lessee's ac~l coat ccmputed ..
provided below, less straight-line deprecia~iOD over the .tem of
I
this Lease, to the nearest complete 1IIODt~ of ~ tam then
elapsed under this Agreement. I
I
In the event that no rental car concessionaire replaces the
Lessee within three months (90 days) of the' termiDation of this _ .
I
agreement, the County will. purchase from the Lassee all of the
o
fixed improvements constructed fh
I
accordance vith Section 2
I
hereaf at a cash price equal to Lessee's actual coat computed as
. I
provided below, less straight-line depreciation over the term of
':- I
this lease, to the nearest complete IIOnth of the term then
-
"
I~
i
premises shall.b. determined
. .' -s ..
in accordance with generally acceptabl~ accOunting practices and
prinCiples, provided that such ~vesement .hall not in aDY event
I
exceed 100% of the amount paid by the ~.s.. ~ independent
. 1-::
contractors for wark' ac:ually performed I the F~..a and
lllaterials furnished or labor performed in connection therewith.
I -'
Payments made by the Lessee to independent CODtracton for
engineering. ar~itecturai, professional anJ cCDsult1Dg servicea
i. I
n connection therewith may be included in I the -.aunt paid for
work actually performed on the ~emis.a, I Fon~d that such
payments shall DOt in any event exceed 10% of th8 CCIl8truction
I
~
elapsed under this Agreement.
The Lessee's investment in the
coat.
15. .te.~..'. R...rv.d Rb:ht:. - HO~ ccmeatDed in thia
Agre"t. shall Um1t or reamct ill aD)' va nch ~l ..right.
.. La.... may brie DOW or in the future to intaiD clatma
- .
I
,
I
I
I
I
1
i
.:
. ~eparJ:m8nc or -Seney thereof, or qainat .., tDten~ca bod1,
. czom.:nss1.cm or. authority, or other publlb or private bad,.
exercising governmental powers, for damageJ or CGIIpensad.oD by
I
reason of the taking or occupation, by cond~t!cm or othe~se,
of all or a substantial part of the demised,' premi..., 1nc-luding
. i .
fixed improvements thereon, or of all' or a material part of the
Airport with adverse effects upcm Lessee's lue aDd eajDy1llent of
I
I
the demised premises for the purposes hereinabove .et forth, and
,
I
Lessor hereby agrees to cooperate with Les.ee ill the maintenance'
I
of any just claim of .aid Datura, and to refr~ &am hindering,
I
apposing or obstructing the maintenance thereby by tas.ee.
\ . I
16. Ao.ionment and Sub1etttn. 0 It 18 1szpro..ly sc..ed and
understood that 8IIy md .11 oblig.tiODB of ILe.... bere~... _y
be fulfilled or discharged either by Lessee or by a Licensee
member of the Sundance ~ar:~~ge c~~. duly !app 0 inted thereto by
the Sundanoe Carriage Corp.. md that 8IIy tm all prtnlages of
every kind granted Lessee hereunder extends to any Licensee
appointed, prOVided, however, that notwithsJandinl 'the method of
oper.tion employed by Le....... hereunder. r.... alway" aha11
continue to remain directly liable to Lessor for the performance
of all terms aDd conditions ~f this Lease. ~cePt.. hereinabove
. I. ~
.et out, the premises may not be sublet', 'iD ~ole 1- 111 part, and
Lessee .hall DOt "s1.gn this agreement vtthout prior written
,
~onsent of Lessor, nor p. emit any transfer r aperat~OD~.of la. of
Laasee '. iDrere.r ~red =bereby. oth... thaD by ~... or
consolidaticm.
I ' I
17 · Othft' Us.s - Les.ee shall DOt UBe or~ pemit the UBe of
the remised pr'iaaU.s or any part thereof !jr my parpo.e or uae
othe1 ~ .. -th~.d by this AsTeement. .'
18. Lien. o'tea... "hall ca.e to '1 re-.-! ~ md aU
Uen. of any' II&~ ari.a1ng out of or b.c:aue of my c:cmst:uc-
t:ian paffozmeci b,. I..... or any. of its co~tracton ~ lub-can-
er.c:~or. \III" d.. ~..d prll1lli... GZ' ariaL. oat of or becaue
,f the perfo=-Ce of any work ~ labor UPJ ~ the fumt;hiDg of
: I -.
I
.. i-
!
,
. .
. I
i
I
I
.t,.ess.e.
, 19. r ~_
Ime - ~ ccmput1Dg te...... __ lfitlWl ,.ad.ch to.
commence CODset'uction of ay fwd U1pl'OVem8nta ~ to cure ay
default as required by this Laue, there .hall be exc:11icled all
, , .
delays due to strike., lockouta, Ac;:ta of." Cod md ~ ..pubU,c
enemy. or by order or direction or other ; iDte1"fereac:e by my
;
municipal, State, Federal or other Governmezu:al dePaJ:t::m.ut, board
/
or ccmmisaion having J uria diction , or ~ar caus.. beyond
Lessee's control.
20. Para2ranh.Headinsts - Paragraph he~. hareh are
intended only to ..sist in ready. identUicat10D 4Ild are DOt. in
. . .
limitation or enlargement of the content of ~y paragraph.
21. Notices - Ally notice or ather co-~ic:at1On &om either
.
party to the other pursuant to this. Agre~t 11 aaffic1111ltly
given or communicated f.f .ent by resistered maU. with proper
. .' "., i
postage and registration fees prepaid, addres.ed to the party for
I
,
whom intended, at the fOllOWing address. i
For Lessor: Monroe County Board of County l!lmww4.s1oners
P.O. Box 1680 ;
Key West,1r.L 33040
Sundance Carriage Co;p. ~
d/b/a Dollar RaDt-A Car
5012 W. Lemon Street .
Tampa, PL 33609 .. ' 'So
Dr to such other address u the party being giva such notice
-
shall frem time to time designate to the other by DDt1ce given in
~.ccordance herewith. I i :::_
I
For Le.seel
~
'.
...
I
I ~.
I
I
I
I -
I
"if
. ~.'
1
...
I
i
.
1
f
I
!
i
"
I
,
..
. -- - - --~cea. by tz181r respective off1cara OZ'. mpZ'd8llue1ve.
. '.
'. thereunto duly authorized, the day ami year. fine _Oft vrieea.
i
(SEAL)
Attest:
DANNy I.1tOTltAGE, CIedt
~J.... ~u~rAi)..t.
.
. MONROE CODNn"
~~
F CO COHKISSIOIDS or
'iONiO! comrrr, FLORIDA
\
SUNDANCE CARRIAGE CORP. .d/b I a
DOLLAR REm' A CAR
.
.
"$
~
'.
'-.
~
i
; ~A$'ltJRJ/tM /"
I tUIW_~~' I-
I'" 'Al ,
I '. f~ ~ Z'
SY "--
~ ~JI,,",::r (tit,.".. . r'
I .
I
...
:i
.
-.
,.
,.
rn-'
II
P; I
d l
, -Ii
11 I B i\
g I f.I ~
z: I ~I
, , ..
J : c.
\ j if
~i'! :i,
)" CJ
~! I
f1: n
! ,~' 0 ~
I 6-f
c;);
L.
.-~.
...
" ~ . _ -= ._~~E.S 5
. .:s7~- A.C.
"G' ::J'" W
I
i
,
- I
....
.
.
r ,~'
,
!
I
.
.
.
.
..
..
lE ~.
_n ~
~: ('
,
I
, I
,
i
l:
"V
-
it .
..
.
f
I
f
----
in l\)
t.1 ....U
01~
) J\)
o -
'.g
.
"11
:i
o
]J
. ....,
~
.
..
l'
.(11
Z
-f
'",0.0 '
.
JJ
111
z
-f )>
> <
-
~ (JJ
)J
.
/
"
t1
o
r
r
)>.
]1 \
n
)>
Jl
!
..
I
;
v
.,
j ,
1
1M
. i'"
. =i~
\.
)
~ -
n 11.J.
~ 8
a j1
;
t
. r
I J."
1~
rf11
.:P
'z
~ ;
_f
:0 -
Z
)> ~
r<
. p
(
J> -
-
))
8
-'"-
.
v
...
'.
.
.
.
t .
i I'
...
..
--
""
I
.
I
I
;
,
I
,
I
:
,I ,,'
EXHIBIT 'e'
.
, .,
,
~
,
,.
..
~/Q.. 'c,A!"-J~ l-'C;~~;t/
. . .zo,r~;/I/I#tbIe'
liru:N84Cl< . I ·
.B..UILCERS.. INC.
': {?J
.
Prefiminary ~udget
1
2
3
5
6
7
8
9
'1
12
13
An:hita......_. En' .
Si '--"'''' grneenng Design
Rite C!tainage, Paving
estroom Upgrade .
Fen .
=g repairs & auto gate
Landscaping allowance '
~~c System repair & Renovation
esting AUowance
Permit and Inmact Fee Allowance
Owner Contmaencv . -
rotaJ with Owner Continaencv
Subtata' for aU aDtions
. . .
~ . .
". S67,451.69
$214,410.71
_' $89,935.59
$52.081.10
$12.740.a8
-
- $52.482.43
$5,000.00
112.000.00
5506.0S9.00
150.000.00
$556.089.00
~7~ bfd ./.$ ./{" t:1~#6 cf $.&:r
; ClP rh~1 ..d/ # 1!J. ~/
... g~J~=/fI.a/l i/t t~ iL ~ .
--C~~ ~I/ j;lJ /ltHt"!
P t?/4/~.... I --,,~._. ~~
, ._. . : ..aJaHW-s..-RtwwD..... 1'--..-
. . ~ . .....fl.mlz.. - ---
I . ..._... SClZl
I ,. - 1M ilIII
. . _' Q~."'""'<:rll to--
I .
t ,
..
:~.
. . .
-'.Id_JO R-.... lJ
.'v..
....-
%~j
. .' .
~
."
. .
, . . .
@)
I I,
I
.,
II
; .
.
..
'I ; I
- ...
~J .
>-1 :
~1'1 . ~ ,J
~110J I
i Ii:. I:
Ct J" I
... I
aJ ;
;;;,z ( t
O'Ia
.0 J I f
i i
~
.
..
~
,
,
'\
u
-
.
o
.j
.
a
s
:J
.I "
.
.
-.-'. .
.'
, ,
-
. "
,",1 ..
-u
.
"
.
~.
"
-
1
1
t. .
December 28.2002
,
Mr. Pet&:r] Harton
Key West Intflc,nllll;ODal Abport
3491 S. Roosevelt Blvd.
Key WeSt, AaJida 37040
Re-Kcy West Abport Lease aDd Concession Agreement
,I
... .,.
Dear Mr. Hmttm:
As I mcroncced with you,. Dollar Rent A Car is ~ng to cxtcDd its lease aDd COD~on ~""'t for a
period ~at J~ 10}'em. . Dollar is in the preHmlnmy ,stageS ofp~~g for ~~ imprcvemc:ms to our
QTA SIte, to imnde m:w IlIftri~g and fC1'Mg, pavmg and rmnm.V, andrcbniIdmg of the ~..u1
stmcam: 011 the sit&:. J:t~fItj CQSt WDDId be ap}llu." :m:wtely $500,000. or comsc to c.nmmit to this
~ditnn:, we will m:cd to obtain fall COIpOI3D: approval within Dollar , which we an: WIU~ l'uuuWg.
In ordcrto make tIds ~~ we WDDId need at least 10 ~ to amortize it. To move forward in the
pbnnmg~ aDd to seek tbe ncc-Cl'Y cmporatC ap}'luval, I mmId m:ed to know that tbe ~ons
1ft: arc: ~ng far the lease aDd COD~lriOJJ agrmI'P'M!!: wiD be in pJace.
If you m:cd to tfi~ tIds ~ please fcc1 free to comact me.
I
-
. ,
".'
"
.. ..."
~~
Ui~d Oml.... .
~~
Dollar RemA~MIimi
...
. .
..
-.-.. .
"
tt
..
~l.
Dau.r R.. A c....F.....
3170 NW Soada Rh.r Dr.
... . - --- . - .
Woridwide Raervadans
800-800-4000
KEY WEST INTERNATIONAL AIRPORT
3491 S. Roosevelt Blvd. ...
Key West, FI. 33040 (305) 292-3518 Fax (305) 292,.357~
06105/03
1
. .
Michael ConlOn, General Manager
Dollar Rent A Car - Florida
3670 NW South River Drive
Miami, FL 33142
I.
Dear Mr. Conlon:
My apologies for not getting back to you sooner concerning the renovation 'project for the
Dollar facility here at KWIA, however upgrades to the terminal to accommodate TSA
requirements have ~ me busy in recent months. ..-" '
'. ,
rve reviewed your submittal concerning the project and I agree with it in concept. As we
discussed, some modifications or clarifications need to be made. My suggestions are as
follows:
-
..,
Item #S. Fenclng repairs 8nd Auto Gate: Please JftMcb your new fencing to the type and
color we have recently installed on the adJacent roadway.
," ...
Item #6. T ,andscaping Allowance: This seems a little low. Please remember that your
ficiIity is our "fioDt door" to the airport as one drives in from Faraldo Circle. We would
really like to rimke this area a show place.
Item #7. Septic SyStem Repair and RenoVation: 'Ibis ~ is not needed. You are no
longer on a septic-System. All airport mciIities have been COJmelUd to the City of Key
,W~ central sewer system.
Item #9. Pelmit and impaCt Fee Allowance: Just a note here. There will be some permit
fees levied by ",mide agencies but because your facility is on County airport ploperty,
Monroe ~ (who is the prime pdmitring agency, not the city of Key West) will not
charge us. my pea II litting or inspection fees. .
. . .
rn have yo..ur leaSe ad~endnm to you in two weeks for your rmeW. We'd like to put it on
the ]~y IS. BOCe m~ng for approval. . .
y, ,.
Peterl.~. -
..
EXHIBIT 'B'
'\
COUNTER
. .,
IQol
Cl
p
<+
ro
o
~
!' ",I I
, " Ul
N "
R ~ CD
. fl
~ I
~
I
-
I
Ii f
I I
Ii
I
f!:l '
f
... "'I
~i ~.~
u r~81
I
n--f
o :E
C 0
:5
C+V':l
roc+
; p
c+
o
:5
IJ)
....
I
Ul
:::::
,
lc:Jol
--fiO
ro (1)
-.0
ro c
"0-
:5'";
o (1) '~.
:5 tJl
ro
tJl ;
ro
P-
-:. :5 0
a.g
J>C+
--f0
~:5
Thrifty Rent A Car
Key West Airport
'-J
....
,CD
....
WI
::::: (X)
:::::
~
[
I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: February 18. 2004
DIVISION; COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of Amendment to Rental Car Concession Agreement for OTG Operations. and
approvel to rescind Amendment to Rental Car Concession Agreement. (approved January 21, 2004) due to a scriveners
error.
ITEM BACKGROUND: OTG requested a word be changed in the Amendment to Rental Car Concession Agreement.
approved January 21,2004.
PREVIOUS RELEVANT BOCC ACTION. Approval of Amendment to Rental Car Concession Agreement. January 21,
2004.
CONTRACT/AGREEMENT CHANGES: Paragraph 2, line 14. 'franchise' revised to 'concession',
STAFF RECOMMENDATION: Approval
TOTAL COST: None
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
BUDGETED: N/A
SOURCE OF FUNDS: None
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: Approx. $84,000
APPROVED BY: County Attomey X
OMS/Purchasing N/A
Risk Management N/A
DIRECTOR OF AIRPORTS APPROVAL
~*
Peter J. Horton
DOCUMENTATION; Included X
To Follow
Not Required
AGENDA ITEM #I
CtifS
DISPOSITION:
Ibev
APB
~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Effective Date: 10/15/03
Expiration Date: 6/30114
Contract Purpose/Description: Amendment to Rental Car Concession Agreement
I Contract Manager: Bevelte Moore # 5195 Airports - Slop # 5
(name) (Ext.) (Department/Courier Stop)
for eocc meeting on: 2/18/04
Agenda Deadline: 2/3/04
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? N/A
Grant: N/A
County Match: N/A
Current Year Portion: N/A
Account Codes: N/A
Estimated Ongoing Costs: N/A
(not Included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance. utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Reviewer
Date Out
Airports Director LJ2.cr'04
) ()(l
( ) ( )
( ) ( )
( ) ( )
~
Pet~ 1Jon
~iA Grumhaus
~ S~eila Barker .
ob Wolfe
Rob Wolfe
...L/28 I~
Risk Management -1_1_
O.M.8.1Purchasing _1_'_
County Attorney _1-1_
1 I
---
-1-/-
L!!.L/~
Comments:
~
AMENDMENT TO RENTAL CAR CONCESSION AGREEMENT
THIS AMENDMENT AGREEMENT is entered into on this day of ,
2004 by and between Monroe County, a political subdivision of the State of Florida
(County) and DTG Operations, Inc., f/k/a Dol/ar Rent A CarSystems, Inc., (DTG)
WHEREAS, the County is the owner of Key West International Airport (KWIA);
WHEREAS, DTG is, and has been, a tenant at KWIA since 1987. providing the
traveling public with rental vehicles;
WHEREAS, OTG desires to have its wholly owned subsidiary, Thrifty Rent A Car,
establish a counter at KWIA terminal building together with ready car parking spaces at the
KWIA parking lot;
WHEREAS, the County is willing to lease DTG the counter space and parking spaces;
now, therefore
In consideration of the mutual covenants and promises set forth below, the County
and DTG agree as follows:
1. The concession agreement between the parties dated July 7, 1987, as
amended on January 3, 1989, September 24, 2000, and July 15, 2003, hereafter original
concession agreement, is attached to this amendment agreement as Exhibit A and made a
part of it.
2. Paragraph 3(a) of the original concession agreement is hereby amended by
the addition of the following:
The County leases an additional area of 100 square feet adjacent to DTG's existing
counter for use as a Thrifty Rent A Car counter (the Thrifty premises). The Thrifty .
premises are depicted on Exhibit B which is attached to and made a part of this
amendment agreement. The rent for the Thrifty premises is $38.47 per square foot
per year, plus sales tax payable by OTG, or $320.58 per month, plus sales tax,
payable monthly In advance on the first of each month. The Thrifty premises rent
will increase annually by a percentage equal to the percentage increase in the CPt for
urban COnsumers for the preceding calendar year. In the event of a. deflationary CPI,
no adjustment in the rental rates will be made. DTG is. responsible for all
constructIon costs needed to establish the Thrifty counter including telephone
removal and the relocation of the Orion Bank ATM. DTG must pay the County a
concession fee of 10% of aU gross Thrifty sales, payable by the 30th of each month
for the gross sales of the preceding month. DTG also agrees to pay the County
$2500 per month, payable in advance by the first of each month, to be used by the
County solely for capital improvements to the existing KWIA terminal building or a
new terminal building if the County's Board :of County CommISSioners elects to
construct a new terminal building. The County must proVide DTG with 30 additional
ready car parking spaces for Thrifty rental cars in the KWIA parking lot. This
amendment agreement will terminate on June 30,2014.
3. Except as set forth in this amendment, all other terms and conditions of the
original concession agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
(SEAL)
ATTEST: DANNY l. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest;
DTG OPERATIONS, INC.
By
litle
By
TItle
JalrOTGThrlfty