Item C02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 2/16/05
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
AGENDA ITEM WORDING: Approval of lease extension agreement for Hertz Corporation for facilities at the Key West
International Airport.
ITEM BACKGROUND: Extension is for the period of 4/1/04 through 4/20/14.
PREVIOUS RELEVANT BOCC ACTION: Approval of lease and concession agreement 2/21/01.
CONTRACT/AGREEMENT CHANGES: New extension agreement.
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: $195,612.73, FY 2004
APPROVED BY: County Attorney X
OMB/Purchasing X Risk Management X
AIRPORT DIRECTOR APPROVAL
~*
Peter J. Horton
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Hertz Corporation
Contract Purpose/Description: Lease Extension Agreement
Contract Manager: Bevette Moore
(name)
# 5195
(Ext. )
for BOCC meeting on: 2/16/05
Effective Date: 4/21/04
Expiration Date: 4/2014
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 2/1/05
CONTRACT COSTS
Total Dollar Value of Contra
Budgeted? NI 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
Airports Director
L/2<(1iJ}
( ) (~
( (~
)V(
) ( )
Risk Management
O.M.B./Purchasing
1 1
---
County Attorney
1 1
---
Comments:
Reviewer
County Attorney
Date Out
Li25T~
LEASE EXTENSION AGREEMENT
KWIA
THE HERTZ CORPORATION
THIS LEASE EXTENSION agreement is entered into this day of ,
2004, by and between Monroe County, a political subdivision of the State of Florida,
THE -------hen:atterEessor, an~f" HERTZ CORPORATION, qualified to do business in the State of
Florida, hereafter Lessee.
WHEREAS, on the 21st day of February, 2001, the parties enterecj into a car rental
lease and concession at the Key West International Airport, hereafter original lease, copy of
which is attached to this extension agreement and made a part of it; and
WHEREAS, the term of the original agreement was for five years, commencing on
April 21, 1999, but the parties desire to extend the original agreement tf:rm by ten years;
now, therefore, .
IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree as follows:
1. Paragraph 2 of the original agreement is amended to read:
2. Term. This Agreement is for a term of ten years, commencing on April
21, 2004 and expiring on April 20, 2014.
2. Paragraph 3 of the original agreement is amended to read:
3. Rental and Fees Lessee, for and during the term hereof, shall pay to
Lessor for the use and occupancy of said Basic Premises and for the rights and privileges
herein granted it as follows:
(a) Counter space. includes that space physically enclosed by the
counter, side partitions and back wall. Rental for this space will be oaid for at
the rate of - $38.32 per square foot per annum plus tax, with a guaranteed minimum
total counter space rent of $4,778.50, per annum, including tax.
(b) Office space rental will be paid for at the rate of $30.66 per square
foot per annum plus tax, with a guaranteed minimum total counter space rent of
$3822.30, per annum, including tax.
(c) Car Ready Spaces as described in Exhibit B - no char~)e.
(d) Concession Fee Guaranteed minimum annual concession fee for each
contract year of the ten year term of this concession agreement shall be
$107,700.00 per year. The Lessee agrees to pay monthly ten percent of gross
revenues for the previous month or one twelfth the guaranteed annual minimum,
whichever is greater. In the event the total amount paid during anyone year period
under this method exceeds ten percent of gross revenues or the annual minimum
gUcllantt:!e, Whichever Is greater, for that one year period, an adjustment will bn
made to the first months concession fee for the next subsequent period or, at
the end of the tenth year, reimbursement will be made within thirty days. Lessee
also agrees to pay to the Lessor $2500 per month, payable in advance by the first of
each month, to be used by the County for capital improvements to the existing KWIA
terminal building, or a new terminal building, if the BOCC elects to construct a new
terminal building.
A performance bond in the amount of $25,000.00 shall be provided to the Board of
County Commissioners and shall be' held In escrow as security to ensure conformance with
the contract provisions. It is not the intent of the County to call the bond for rental
payments unless there is a violation of the contract.
These rates are subject to rates and charges as approved by the BOCC, or with an
increase annually, by a percentage equal to the percentage increase in the CPI for urban
consumers for the preceding calendar year.
In the event the KWIA Public Works area becomes available, Lessee desires to lease
the property from the Lessor for twenty years, at appraised Fair Market Vallie, with a
$1,000,000 fee up front. Commencing on the date Hertz leases the Public Works area, the
additional $2,500 per month fee will no longer be applicable, per 2~). Upon possession of
the Public Works area, the $2500 per month added fee will terminate.
(-e.t--t't$See-alsE>-~ees-to--pay--tRe-€et:ffltY-$i!,5eG-f)ef--memR-E$-Je;OO&-per--yeBf'} (7
-f:layabfe--tR-edv-aftee-by--the-fif'5t-ef~t1'to"th-,-to-be--used--by-the-C-otJntv-sotety-for capita I 1
-i-m"rovements-to-the-existing-*WIA-term+nal--btritding-or-a-new--teTmin<ltiJUitctmg--urthe
-€etffity!s-Be&Fd-ef-€ettflty-C-eI'ftfflts5iOftef'S"~ets-to-eonstl"l:tet-a-new-term i nl!ll-btritding.
3. Except as set forth in paragraphs two and three of this lease extension
agreement in all other respects the terms and conditions of the original agreement remain
in full force and effect.
4. General Insurance Requirements for Airport/Aircraft Activities.
Prior to the commencement of work governed by this contract (including the pre-
staging of personnel and material), the Vendor shall obtain, at his/her own expense,
insurance as specified in the attached schedules, which are made part of this contract. The
Vendor will ensure that the insurance obtained will extend protection to all Contractors
engaged by the Vendor.
The Vendor will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below.
The Vendor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with
_ this provision may result in the immediate suspension of all activities conducted by the
Vendor and its Contractors until the required insurance has been reinstated or replaced.
The Vendor shall provide, to the County, as satisfactory evidence of the required
insurance, either a Certificate of Insurance or a Certified copy of the actual insurance
policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
The acceptance and/or approval of the Vendor's insurance shall not be construed as
relieving the Vendor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will
be included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
General Liability: As a minimum, the required general liability coverages will
include: Premises Operations, Products and Completed Operations, Blanket Contractual,
Personal Injury, Expanded Definition of Property Damage. Required Limits: $1,000,000
Combined Single Limit. If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person; $1,000,000 per Occurrence; $100,000 Property Damage.
Vehicle Liability: As a minimum, coverage should extend to liability for Owned; Non-
owned; and Hired Vehicles. Required Limits: $1,000,000 Combined Single Limit. If split
limits are provided, the minimum limits acceptable shall be: $500,000 per Person;
$1,000,000 per Occurrence; $100,000 Property Damage.
Workers' Compensation And Employers' Liability: $1,000,000 Bodily Injury by
Accident, $1,000,000 Bodily Injury by Disease, policy limits, $1,000,000 Bodily Injury by
Disease, each employee.
S.a) Records. Lessee shall maintain all books, records, and documents directly pertinent to
performance under this 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 A~lreement for public
records purposes during the term of the Agreement and for four years followinp the termination of
this Agreement. If an auditor employed by the Lessor or Clerk determines tllat monies paid to
Lessee pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
Lessee shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running
from the date the monie5 were paid to Lessee.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws 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 Lessor and Lessee agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe Lessor, Florida.
The Lessor and Lessee 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 ^9rt?emtmt, <;hall not bE' affl"cted thereby; and each remaining term, covenant,
condition and provision of this 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 Lessor and Lessee 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 Lessor and Lessee 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
attorney's fees, court costs, investigativ~, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses In appellate proceedings. Mediation proceedings initiated and conduct(!d 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 Lessor.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the Lessor and Lessee 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 Lessor and
corporate action, as required by law.
g) Claims for Federal or State Aid. Lessee and Lessor agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. Lessor and Lessee 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 Lessor Commissioners. If the issue or issues 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.
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, Lessor
and Lessee 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. Lessor and Lessee specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. Lessor and Lessee 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. Lessor or
Lessee agrees 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 use 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 use S5. 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 PreventlOJl, Tre.::trn~nt and RellObllltation Act of 1970 (PL 01 G16), (I'; am('ndl'd, re\;)tin(']
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 use S5. 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.
k) Covenant of No Interest. 'Lessor and Lessee 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.
I) Code of Ethics. Lessor agrees that officers and employees of the LE!ssor 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.
m) No Solicitation/Payment. The Lessor and Lessee warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fidE! employee working
soiely for it, to solicit or secure this Agreement and that it has not 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 Lessee agrees
that the Lessor shall have the right to terminate this Agreement without Lability and, at its
discretion, to offset from monies owed, or otherwise recover, the full am:>unt of such fee,
commission, percentage, gift, or consideration.
n) Public Access. The Lessor and Lessee 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 receiveej by the Lessor and
Lessee in conjunction with this Agreement; and the Lessor shall have the right to unilaterally cancel
this Agreement upon violation of this provision by Lessee.
0) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the Lessor and the Lessee 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 Lessor be required to contain any provision for
waiver.
p) 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, ()r employees of any
public agents or employees of the Lessor, when performing their respective functions under this
Agreement within the territorial limits of the Lessor shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, Of' employees outside
the territorial limits of the Lessor.
q) 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 Lessor, except to the extent permitted by the Florida constitution, state statute, and
case law.
r) 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 Lessor and the
Lessee agree that neither the Lessor nor the Lessee 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.
s) Attestations. Lessee agrees to execute such documents as the Lessor may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Dr'Ug-Free Workplace
Statement.
t) 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 Moni'Oe Lessor in his or
her individual capacity, and no member, officer, agent or employee of Monroe Lessor shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
u) 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 tclken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
v) 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.
w) Indemnify/Hold Harmless. Lessee agrees to indemnify and save Le~;sor harmless from
and against all claims and actions and expenses incidental thereto, arising out of damages or claims
for damages resulting from the negligence of Lessee, its agents, or employ€es while Lessee is
cleaning the Airport facilities. However, Lessee shall not be liable for any claims, actions or
expenses which arise from the negligent or intentional acts or omissions of the Lessor, its agents or
employees. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
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/Chairperson
(SEAL)
Attest:
THE
HERTZ ~TlON
iGj
~/J+-
By v ~
Kobert M. Hurwltz, Asst. Secretary
jairHertzX Af'l"ROVED AS TOF0RM
By/-ezs.~:~~~( - " ,'.'
AJIOHNfY'S OFFICE
(1 / "~-,! /,." i
. it'
By Name: Simon Ellis
Ti~e Vice President, Properties and Concessions
DATE:
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Simon Ellis
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 (I f
Section 3 of Ordinance No. 10-1990. For breach or violation ofthis provision the COLlllty
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 tl1~ty officer or employee.
(signature)
Date: Oc Lobe I , 2004
///! /~~::
ST ATE OF NEW JERSEY
COUNTY OF BERGEN
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
Simon Ellis
who, <lite!' fin,. lAiu5 ",."On! OJ m..:, affix<:d hislhct
signature (name of individual signin~ in the space provided above on this
~'\Jt~~'\ ,~~
X~d0 JQ/f.?~
, LINDA DRAVIN
~~~ 1E' .~ JERSE"
lMV ~(sSt~~lA~s J~. 24, 200~
My commission expires:
. day of
OMB - MCP FORM #4
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendoT 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 pubiic entity for the construction or repai r 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 tn 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."
By:
d'
~~...
",: ..,..'.....
/
Simon Ellis, Vice President, Properties and Concessions
THE HERTZ CORPORATION
LEASE AND CONCESSION AGREEMENT
February 21, 2001
LEASE AND CONCESSION AGREEMENT
KEY WEST INTERNATIONAL AIRPORT
THIS CONTRACT OF LEASE ~ made and entered into on the 2J ~ay of F~ . 20: I
by and between MONROE COUNTY. a political subdivision of the State of Florida. hereinafter referre:::: to
as Lessor. and THE HERTZ CORPORATION. qualified to do business in the State of Florida. hereinC-=-er
referred to as lessee or Concessionaire:
WHEREAS. Lessor desires to grant to Lessee a non-exclusive right to operate an automobile remal
concession at and from the Key West International Airport at Key West. Florida. hereinafter referred tc as
Airport: and
WHEREAS. Lessor and Lessee desire, in connection with said operations. to provide for the lem'.,g
by Lessor to Lessee of certain space in and around the Airline Terminal at the Airport for me
establishment of a Rental Car Concession to accommodate the lessee' s customers and provide spoce
for the temporary placement of rental reedy vehicles and for other purposes in connection with ~id
operations. all as hereinafter more specifically provided: now. therefore.
IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter
contained. the parties hereto do hereby agree as follows:
1. Premises - Lessor hereby leases to lessee for its non-exclusive use the rental-car counter
located in the airline terminal at Key West. Monroe County. Florida. said counter containing 116 sqU:JT'e
feet and office space containing 116 square feet as shown on Exhibit A. and in addition provides 30
rental car ready spaces. as shown on Exhibit 8, both exhibits are attached hereto and made a part
hereof.
2. Term - This agreement is for a term of five (5) years. commencing on April 21. 1999.
3. Rental and Fees - lessee. for and during the term hereof. shall pay to Lessor for the ..:se
and occupancy of said Basic Premises and for the rights and privileges herein granted it at the follo.....,g
scheduled rates and fees:
(a) Counter Counter space rental will be paid for at the follow rates: Key
West Airport - $22.25/sq. ft./per annum + tax.
Counter rental space includes that space physically enclosed by the counter. side
partitions and badwall.
(b) Office Office space rental will be paid for at the follow rates: Key West
Airport - $15.88/sq. ff./per annum + tax.
These rates are subject to rates and charges as approved by the BOCC, or with
an increase equal to the CPI percentage increase for the prior year.
(c) Car Ready Spaces Exhibit B - no charge.
(d) Concession Fee Guaranteed minimum annual concession fee for each
contract year of the five (5) year term of this concession agreement shall be $107.700.00
per year. The Lessee agrees to pay monthly ten (10) percent of gross revenues for the
previous month or one twelfth (1/12) the guaranteed annual minimum. whichever is
greater. In the event the total amount paid during anyone year periOd under this
method exceeds ten percent of gross revenues or the annual minimum guarantee.
whichever is greater, for that one year period, an adjustment will be made to the first
months rent for the next subsequent period or. at the end of the fifth year, reimbursement
will be made within thirty days.
A per.ormance bond in the amount of $25.000 (twenty-five thousand doltars) shalt be provided to the
Board of County Commissioners and shall be held in escrow as security to ensure conformance with the
contr::::ct provisions. It is not the intent of the County to call the bond for rental payments unless there is
a viol::tion of the contract.
... Definition of Gross ReceiDts - As used herein. the term "gross receipts" shalt mean the
total sum of money. from charges for net time. mileage. and personal accident insurance. paid or
payaole. whether by cash or credit.- . I 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. Accounfino Procedures - The Concessionaire shalt keep records of all sales and
revenues, whether for cash or credit. whether collected or not from its operations in a manner generally
accepted as standard to the automobile rental industry locoted on Airports. lessee agrees to operate
its business upon the Airport so that a duplicate rental agreement invoice. serially pre-numbered. shall
be issued for each sale or transaction whether for cash or credit.' lessee further agrees that it will make
availcble to Monroe County. a full and complete book of accounts and other records required by the
County to provide a true account of all revenues pertaining to its operations under the provisions
herecf. The County. acting through its Finance Director or other authorized representative. shall have
the rrght to inspect and audit the Concessionaire's books of accounts and other records directly
gen~ated at the Airport office or otherwise pertaining directly to this agreement. Knowingly fumishing
the County a false statement of its gross sales under the provision hereof will constitute a default by the
Concessionaire of this agreement and the County may. at its option. declare this contract terminated.
6. Abatement of Minimum Guarantee - In the event that (1) for any reason the number of
passengers deplaning on scheduled airline flights at the Airport during any period of thirty (30)
consecutive days shall be less than sixty percent (60%) of the number of such deplaning passengers in
the same period of preceding calendar year. or in the event that (2) in the opinion of the Boord of
Cou~ty Commissioners. the operation of lessee's car rental business at the Airport is affected through
no fault of Lessee by shortages or other disruption in the supply of automobiles. gasoline. or other goods
necessary thereto. and said shortages or other disruptions results in the material diminution in Lessee's
gross receipts hereunder for a period of at least thirty (30) days. and said shortages or other disruptions
are not caused by a labor dispute with lessee. such diminution to be satisfactorily demonstrated by
lessee to the Board of County Commissioners, then. in either event. the Minimum Guarantee Fee should
be abated for the periOd of time such condition continues to exist. During said periOd of time. Lessee
shall continue to pay to the lessor ten percent (10%) of gross receipts from the operations hereunder as
hereinbefore defined.
7. Investment by the lessee - All leasehold improvements and their titles shall vest
immediately in Monroe County upon their acceptance by the County. Furniture. furniShings. fixtures
and equipment will remain the personal property of Concessionaire and may be removed upon the
term:~ation of the agreement. provided all of its accounts payable to the County are paid at that time.
or in me event the County does not purchase same.
8. Leasehold ImDrovements - lessee has the right during the term hereof. at its own
expense. at any time from time to time: to install. maintain. operate. repair and replace any
and all trade fixtures and other personal property useful from time to time in connection with its
operation on the Airport. all of which shall be and remain the property of Lessee and may be
removed by Lessee prior to or within a reasonable time after expiration of the term of this
agreement: provided. however. that Lessee shall repair any damage to the premises caused by
such removal. The failure to remove trade fixtures or oJher personal property shali 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 thereupon shall be the
sole property of the lessor.
leasehold improvements snail include any installation of walls. partitions. doors and windows. any
electrical wiring. panels. conduits, service connections. receptacles or lighting fixtures attached to walls.
partitions. ceilings or floor. 011 interior finish to floors. walls. doors. windows or ceilings; and all floor
treatments or coverings, other than carpeting. that is affixed to floors: sanitary disposal lines and sinks.
cammodes. and garbage disposal unitsr 011 heating. air treatment or ventilating distribution systems.
including pipes. ducts. venthoods, air handling units and hot water generators: and 011 refrigerator
rooms or vaults and refrigerated waste rooms including refrigeration or ventilating equipment included
with same. Any furniture. fixtures. equipment. carpeting and draperies not classified as leasehold
improvements above shall be the personal property of the Concessionaire.
9. Demeae end Iniurv - lessee covenants that it and all of its agents. servants. employees.
and independent contractors will use due core and diligence in all of its activities and operations at the
Airport and the Concessionaire hereby agrees to repay or be responsible to Monro~ County for all
damages to the property of the County which may be caused by an oct or omission on the port of the
Co'ncessionaire. its agents. servants, or employees and except to the extent that such damage to the
property is covered by insurance required to be provided by the Concessionaire under any provision
hereof. or is provided by Monroe County (except subrogation rights of the County's carrier!.
Concessionaire sholl pay. on behalf of the County. all sums which the County shall become obligated
to pay by reason of the fiability. if any. imposed by low 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 tolor destruction of property. including the loss or use thereof which
may be caused by or result from any of the activities. omission. or operations of the Concessionaire. its
agents. servants, or employees on the Airport.
10. Utilities - Electricity and water will be supplied to the leasehold area by the Lessor.
11. Lessee's Oblications - lessee covenants and agrees:
(0) to pay the rent and other charges herein reserved at such times and places as
the same ore payable:
(b) to make no alterations. additions or improvements to the demised premises
without the prior written consent of lessor. which consent sholl be not be unreasonably
withheld:
(c) to keep and maintain the demised premises in good condition. order and repair
during the term of this agreement and to surrender the same upon the expiration of the
term in the condition in which they ore required to be kept. reasonable wear and tear
and damage by casualty, not caused by Lessee's negligence. riot and civil commotion.
excepted:
(d) to observe and comply with any and all requirements of the constituted public
authorities and w:fh all federal. state or local statutes. ordinances. regulations. and
standards applicable to Lessee or its use of the demised premises. including. but not
limited to. rules and regulations promulgated from time to time by or at the direction of
Lessor for administration of the Airport:
Ie) to pay all taxes assessed or imposed by any govemmental authority upon any
building or other i~provements erected or installed on the demised premises during the
term of this agreement and to remit to Lessor for payment to the State any sales or use
tax imposed on the rental charge or concession fee:
3
(f) to cany 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 to shall be deemed to be that amount for which a prudent owner in like
circumstances would insure similar proper1y. but in no event an amount in excess of
Lessee's original cost of constructing said fixed improvements: and
(g) to control the conduct. manner and appearance of its officers, agents. and
employees, and any objection from the Director of Airports conceming the conduct
manner or appearance of such persons, Concessionaire shall forthwith take steps
necessary to remove the cause of the objection.
12. lessor's Insoedion and Maintenance - Lessor and its authorized officers. employees,
agents, contractors, subcontractors and other representatives shall have the right to enter upon the
demised premises for the following purposes:
(a) to inspect the demised premises at reasonable intervals during regular business
hours (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, relocation, or removal of existing
underground and overhead wires. pipes. drains. cables and conduits now located -on or
across the demised premises, and to construct. maintain, repair, relocate and remove
such facilities in the future if necessary to cany out the Master Plan of development of
the Airport: provided. however, that said work shall in no event disrupt or unduly interfere
with the operations of Lessee, and provided further, that the entire cost of such work,
including but not limited to the cost of rebuilding, removing. relocating, protecting or
otherwise modifying any fixed improvements at any time erected or installed in or UDon
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 bome solely by Lessor.
13. Indemnification - Lessee shall indemnify and hold Lessor forever harmless from and
against all liability imposed upon Lessor by reason of legal liability for injuries to persons. or wrongful
death, and damages to proper1y caused by Lessee I s operations or activities on such premises or
elsewhere at the Airport. provided that lessor shall give lessee prompt and timely notice of any claim
made against Lessor which may result in a jUdgment against Lessor because of such injury or damage
and promptly deliver to Lessee any papers, notices. documents, summonses, or other legal process
whatsoever served upon Lessor or its agents. and provided further that Lessee and its insurer. or either of
them. shall have the right to investigate, compromise, or defend all claims, actions, suits and
proceedings to the extent of Lessee's interest therein: and in connection therewith, the parties hereto
agree to faithfully cooperate with each other and with lessee's insurer or agents in any said action.
14. liabifitv Insurance - Prior to the commencement of work govemed by this lease
agreement (including the pre-staging of personnel and material), the Lessee shall obtain, at his
own expense, insurance as specified in the attached schedules, marked as Exhibit "C," which
are made part of this lease agreement. The Lessee will ensure that the insurance obtained will
extend protection to all Contractors engaged by the Lessee.
Lessee will not be permitted to commence work govemed by this lease agreement
(including the pre-staging of personnel and material). until satisfactory evidence of the required
insurance has been fumished to the Lessor as specified below.
Lessee shall maintain the required insurance. throughout the entire term of this lease
agreement. and any extensions, as specified in the attached schedules. Failure to comply with
this provision may result in the immediate suspension of all activities conducted by the Lessee
and its Contractors until the required insurance has been reinstated or replaced.
~
lessee shall provide, to the lessor, as satisfactory evidence of the required insurance,
either a certificate of insurance or a certified copy of the actual inslJ!'once policy.
The lessor, at its sole option. has the right to request a certified copy of any or alf
insurance policies required by this contract.
All insurance policies must specify that they are not subject tc ::ancellation, non-renewal.
meterial change or reduction in coverage unless a minimum of thir., (30) days prior notification
is given to the lessor by the insurer.
The acceptance and/or appro.val of Lessee's insurance ~nall not be construed as
relieving Lessee from any liabifrty or obligation assumed under this CCY1tract or imposed by low.
The Monroe County Board of County Commissioners, its employees and officials will be
included as .. Additional Insured" on alf policies, except for Workers C::mpensation.
Any deviations from these General Insurance Requirements !""1ust be requested in writing
on the County prepared form entitled "Request for Waiver of Ins.;rance Requirements" and
approved by Monroe County Risk Management.
15. Non-Discrimination - (a) lessee shalf fumish all services authorized under this
agreement on a fair, equal and non-discriminatory basis to 01 persons or users thereof, charging
fair. reasonable, and non-discriminatory prices for 011 items C"":d services which it is permitted to
sell or render under the provisions hereof. Providing. howe/er. that nothing contained in this
paragraph or in any other paragraph of this Agreement s~all be construed as requiring the
Lessee to seek approvel by Monroe County before or after :..essee establishes or alters its rental
car rates.
(b) The Lessee for himself. his personal represer.:otives, successors in interest and
assigns. as a part of the consideration hereof. does hereby ccvenant and agree that:
III . no person on the grounds of race, sex. ::reed. color, national origin or age
sholl be excluded form participation in, denied the be!'1efits of. or be otherwise subjected
to discrimination in the use of said facilities:
(2) that in the construction of any improve""1ents on, over or under such land
and the fumishing of services thereon, no person o~ the grounds of race, sex, creed,
color, national origin or age sholl be excluded form ;:orticipation in, denied the benefits
of, or be otherwise subjected to discrimination in the L.:e of said facilities:
(3) that the Lessee shalf use the premises in compliance with all other
requirements imposed by or pursuant to Title 49. Code of Federal Regulations,
Department of Transportation. Subtitle A. Office of the Secretary, Port 21,
Nondiscrimination in Federally-assisted programs of me Department of Transportation _
Effectuation of Title VI of the Civil Rights Act of 19(,1. and as said Regulations may be
amended.
That in the event of breach of any of the above nondiscrimirotion covenants, Lessee shall hove
the right to terminate the lease and to re-enter and as if said lease had never been made or issued.
The provision shall not be effective until the procedures of Title 49. C::de of Federal Regulations, Part 21.
are followed and completed inCluding exercise or expiration of appeal rights.
16. Rules and Reaulations - Lessee agrees to observe ::md obey. during the term of this
agreement. alf laws, ordinances, rules and regulations promulgate:: and enforced by the County and
by any other proper authority having jurisdiction over the conducr of the operations at the Airport.
Within thirty (30) days from the date of this contract, the County she:: provide Lessee a written list of all
rules and regulations which it has promulgated up until that time ond which will effect the Lessee's
operations hereunder. In the event new rules and regulations are contemplated. written notice of
same shall be fumished to Lessee. and Lessee will be given thirty (X days to comply. In the event tnat
lessee should determine that any' contemplated rule or regulatiCJ"1 unreasonably hinders him in his
operation under this agreement, the Lessee shall so notify the Coun-:-. ond the parties hereto agree that
any problem arising incidental thereto will. as much os possible. be worked out between the parties
without the necessity to resort to further legal remedies...:
l:;
17. Fumishino of Service - The lessee further covenants and agrees that he will. at all times
during the continuance of the term hereby demised and any renewal or extension thereof. conduct.
operate. and maintain for the benefit of the public. the rental car concession provided for and
described herein. and all aspects and parts and services thereof as hereinabove defined and set forth.
and will make all such facilities and services available to the public and that he will devote his best
efforts for 11;e accomplishment of such purposes.
18. United States' Reauirements - This lease shall be subject and subordinate to the
provisions of any existing or future agreement between the lessor and the United States relative to the
operation or maintenance of the Airport. and execution of which has been or may be required by the
provision of the Federal Airport Act of J 946. as amended. or any future act affecting the operation or
maintenance of the Airport. provided. however. that Lessor shall. to the extent permitted by law. use its
best efforts to cause any such agreement to include provisions protecting and preserving the rights of
Lessee in and to the demised premises and improvements thereon. and to compensation for the taking
thereof. and payment for interference therewith and for damage thereto. caused by such agreement
or by actions of the Lessor or the United States pursuant thereto.
19. lessor's Covenants - The Lessor covenants and agrees that:
(a) Lessor is the lawful owner of the property demised hereby. that it has lawful possession
thereof. and has good and lawful authority to execute this Lease; and
(b) throughout the term hereof Lessee may have. hold and enjoy peaceful and
uninterrupted possession of the premises and rights herein leased and granted. subject to
performance by Lessor of its obligations herein.
20. Cancellation by lessor - If any of the following events occur. the Lessee shall be
deemed to be in default of its obligations under the agreement. in which case Monroe County shall
give the Lessee notice in writing to cure such default within thirty (3D) days. or the concession will be
automatically canceled at the end of that time and such cancellation will be without forfeiture. waiver,
or release of the County's right to any such of money due pursuant to this agreement for the full' term
hereof:
(a) if Lessee shall make a general assignment for the benefit of creditors. or file a
voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the
readjustment of its indebtedness under the Federal Bankruptcy Laws of any other similar
law or statute of the United States or any state. or government. or consent to the
appointment of a receiver, trustee or liquidator of all or substantially all of the property of
Lessee:
(b) if any order or decree of a court of competent jurisdiction Lessee shall be
adjudged bankrupt or an order shall be made approving a petition seeking its
reorganization. or the readjustment of its indebtedness under the Federal Bankruptcy
Laws of any law or statute of the United States or any state. territory. or possession thereof
or under the law of any other state. nation, or government. provided, that if such
judgment or order be stayed or vacated within ninety (90) days after the entry thereof.
any notice of cancellation given shall be and become void and of no effect:
(c) if by or pursuant to any order or decree of any court or governmental authority,
board. agency or officer having jurisdiction, a receiver. trustee or liquidator shall take
possession or control of all or substantially 011 of the property of Lessee for the benefit of
creditors. provided, that if such order or decree be stayed or vacated within sixty r 60)
days after the entry thereof or during such longer period in which Lessee diligenttv and in
good faith contests the same, any notice of cancellation shall be and will become null.
vo:d and of no effect:
- I..
(d) if Lessee foils to pay the rental charges or other money payments required by this
instrument and such failure sholl not be remedied within thirty (30) days following receipt
by Lessee of written demand from Lessor to do so:
(e) if Lessee defaults in fulfilling any of the terms. covenants, or conditions required of
it hereunder and foils to remedy said default within thirty (30) days fOllowing receipt by
Lessee of written demand from ,l-essor to do so, or if. by reason of the nature of such
default. the some cannot be remedied within thirty (30) days following receipt by Lessee
of written demand from Lessor to do so, then, if Lessee sholl hove foiled to commence
the remedying of such default within thirty (30) days following such written notice, or
having so commenced. sholl foil thereafter to continue with diligence the curing thereof:
If) if the Lessee sholl abandon the premises for seven (7) consecutive calendar days:
(g) if the concession of the lessee hereunder sholl be transferred. subleased, or
assigned in any manner except in the manner os herein permitted:
(h) if the Lessee sholl foil to pay any validly imposed tax: assessments: utility r-ent. rote
or charge: or other governmental imposition: or any other charge or lien against the
premises leased hereunder within any grace period allowed by low, or by the
governmental authority imposing the some. 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. rote or charge: or
Ii) if the Lessee foils to provide service os required by specifications for five days
during any thirty day period. unless such failure is caused by an act of God, notional
emergency or a labor strike of which the Lessee has given the County immediate notice,
the concession may be canceled within thirty (3D) days of the giving of notice by the
County and the Lessee shall not be permitted to cure such default.
21. Additional Remedies - In the event of 0 breach or 0 threatened breach by lessee of
any of the agreements, terms. covenants and conditions hereof. the County shall have the right of
injunction to restrain said breach and to invoke any remedy allowed by low or equity. as if specific
remedies. indemnity or reimbursement were not herein provided. The rights and remedies given to
Monroe County ore distinct. separate and cumulative. and no one of memo whether or not exercised
by the County. sholl be deemed to be in exclusion of any of the others herein or by law or in equity
provided. No receipt of monies by Monroe County from Lessee after the cancellation or termination
hereof shall reinstate, continue or extend the term. or affect any notice previously given to Lessee, or
operate os 0 waiver of the right of the County to enforce the payment of rentals and other charges
then due or thereafter falling due. or operate as a waiver of the right of the County to recover
possession of the premises by suit or otherwise. It is agreed that. after the service of notice to cancel or
terminate as herein provided. or ofter the commencement of any proceeding, or after a final order for
possession of the premises, the County may demand and collect any monies due. or thereafter falling
due. without in any manner affecting such notice. proceeding. or order. and any and all such monies
and occupation of the premises. or at the election of the County on account of Lessee's liability
hereunder. The parties agree that any litigation arising out of the agreement shall be brought in
Monroe County. Florida. and determined under the laws of the State of Florida. lessee will pay any
reasonable attorney's fees incurred if the County prevails in the enforcement of the agreement,
regardless of whether or not a lawsuit is filed, including but not limited to 011 costs and market value
attorney's fees incurred in collecting, trial. bankruptcy or reorganization proceedings or appeal of any
matter hereunder and all costs, charges and expenses incurred herein.
. 7
22. Cancellation bv 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 cart
of the demised premises or preventing or restraining the use of the Airport for usual airport
purposes in its entirety. or the us~'of any part thereof which may be used by lessee and
which is necessary for lessee's operations on the Airport. which remains in force
unvacated or unstayed for a period of at least one hundred twenty (120) days:
(b) the default of lessor in the performance of any of the terms. covenants or
conditions required of it under this instrument and the failure of Lessor to cure S!.ich
default within a period of thirty (30) days following receipt of written demand from lessee
to do so. except that if by reason of the nature of such default. the same cannot be
cured within said thirty (3D) days, then lessee shall have the right to cancel if Lessor shall
have failed to commence to remedy such default within said thirty (30) days following
receipt of such written demand. or having so commenced. shall fail thereafter to
continue with diligence the curing thereof:
(c) the inability of lessee to conduct its business at the Airport in substantially tne
same manner and to the same extent as theretofore conducted. for a periOd of at-least
ninety (90) days. because of (i) any law. tii) any rule. order. jUdgment. decree. regulation.
or other action or non-action of any Govemmental authority. board. agency or officer
having jurisdiction thereof:
(d) if the fixed improvements placed upon the demised premises are tot::Jlly
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
apporticned 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 sholl restore the
same wittl reasonable promptness. and shall be entitled to receive and apply the
proceeds of any insurance covering such loss to said restoration. in which event this
agreement shall not be canceled but shall continue in full force and effect. and in such
case any excess thereof shall belong to lessee:
(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
Govemment. or any state or local govemment occupies the Airport or a substantia! part
thereaf. or in the event of military mabilization or public emergency wherein there is a
curtailment. either by executive decree or legislative action. of normal civilian traffic at
the Airport or the use of motor vehicles or airplanes by the general public. or a limitation
of the supply of automobiles or of automobile fuel, supplies. or parts for general public
use. and any of said events results in material interference with Lessee's normal business
operations or substantial diminution of Lessee' s gross revenue from its automobile rental
concession at the Airport. continuing for a period in excess of fifteen (15) days;
(f) in the event that at any time prior to or during the term of this agreement.
lessee's presently existing right to operate an a~tomobile rental concession at the Airport
is withdrawn. canceled. terminated. or not renewed by lessor.
8
(gl the taking of the whole or any part of the demised premises by the exercise of
any right of condemnation or eminent domain:
(hI if at any time during the basic term or option term of. this tease a majority of the
scheduled air transportation serving the local area no longer operc!es from the Airport:
or
(i) if at any time during the .basic term hereof or the option periods, the Airport or
terminal building is removed to 0 place more than three (3) road mites in distance from
its present location.
23. lessee's Reserved Riahts - Nothing contained in this Agree~ent shall limit or restrict in
any way such lawful rights as lessee may have now or in the future to maintain claims against the
federal. state, or municipal govemment. or any deportment or agency thereof. or against any interstate
body, commission or authority, or otner public or private bOdy exercising govemmental powers, for
damages or compensation by reason of the taking or occupation. by condemnation.or otherwise, of
all. or a substantial part of the demised premises. including fixed improvements thereon. or of 011 or a
meterial part of the Airport with adverse effects upon lessee's use and enjoyment of the demised
premises for the purposes hereinabove set forth: and lessor hereby agrees to cooperate with lessee in
maintenance of any just claim of said nature, and to refrain from hindering. opposing, or obstructing
the maintenance thereby by lessee.
24. Assionment and Subietting - It is expressly agreed and understood that any and 011
obligations of lessee hereunder may be fulfilled or discharged either by lessee or by 0 licensed
member of The Hertz Corporation duly appointed thereto by The Hertz Corporation, and that any and
011 privileges of every kind granted lessee hereunder extends to any licensee so appointed: provided,
however, that notwithstanding the method of operation employed by Lessee hereunder any appointed
lessee always sholl continue to remain directly liable to lessor for the performance of all terms and
conditions of this lease. Except hereinabove set out. the premises may not be sublet. in whole or in part,
and lessee shall not assign this agreement without prior written consent of Lessor. nor permit any transfer
by operation of law of Lessee's interest created hereby, other than by merger or consolidation.
25. Other Use - lessee sholl not use or permit the use of the demised premises or any part
thereof for any purpose or use other than an authorized by this agreement.
26. liens - lessee shell cause to be removed any and allliem of any nature arising out of or
because of any construction performed by lessee or any of its contractors or subcontractors upon the
demised premises or arising out of or because of the performance of any work or labor upon or the
fumishing of any materials for use at said premises, by or at the direction of Lessee.
27. Time - In computing Lessee's term within which to commence construction of any fixed
improvements or to cure any default os required by this lease, there shall be excluded all delays due to
strikes, lockouts, acts of God and the public enemy, or by order or direction or other interference by
any municipal. State, Federal or other govemmental deportment. board, or commission having
jurisdiction. or other causes beyond Lessee's control.
28. Other Develocment of Airoorl - Monroe County reserves the right to further develop or
improve the landing area of the Airport as its sees fit, regardless of the desires or views of the
Concessionaire, and without interference or hindrance; provided, however, that in no event can the
County deprive the Concessionaire of reasonable and direct routes of ingress and egress to the
premises.
29. Paraoraoh Headings. Paragraph headings herein are inrended only to assist in reading
identification and are not in limitation or enlargement of the content of any paragraph.
. 2
30. Notices - Any notice of other communication from either party to the other pursuant to
this agreement is sufficiently given or communicated if sent by registered mail. with proper postage and
registration fees prepaid. addressed to the party for whom intended. et the fOllowing addresses:
lessor
Boord of County Commissioners
Key West International Airport
3491 S Roosevelt Blvd.
Key West. FL 33040
lessee
The Hertz Corporation
At tn: VP, Properties end Concessions
ffXi~X2x 225 Brae Boulevard
~"~~~ii Park Ridge, NJ 0765
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.
. ....;.
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COU
WHEREOF. the parties have caused these presents to be executed by their respective
ative thereunto duly authorized. the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
~ONROE COUNTY. FLORIDA
~ ,e ~. D
~r/Chairpersan -~
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7
l\IONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
AirporU Aircraft Activities
Prior to the commencement of work governed by this contract (including the pre-staging of
. personnel and material), the Yendor sball obtain, at hislher own expense, insurance as specified
in the attached schedules, which are made part of this contract. The Yendor will ensure. that the
insurance obtained will extend protection to all Contractors engaged by the Vendor.
..
The Yendor will not be pennitted to commence work governed by this Contract (including pre-
stagin g of personne I and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
The Yendor shall maintain the required insurance throughout the entire tenn of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all activities conducted by the Yendor and its Contractors
until the required insurance has been reinstated or replaced.
) The Yendor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this COntract.
All insurance policies must specifY that they are not subject to cancellation, non-renewal,
material change, or reduclion in coverage unless a minimum of thirty (30) days prior nOlification
is given to the County by the insurer.
Th~ acceptance andlor approval of the Yendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in "'Titing on the
County prepared form entitled "Request for \Vaiver ofInsurance Requirements" and
approved by Monroe County Risk Management.
AdmInIstratIOn Instruction
:q-:'IJ'! 2
24
1996 Ealuon
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
.
CONTRACT
BET'''EEN
1\fONROE COUNTY, FLORIDA
-AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insuranee. Coverage shall be maintained throughout the life of the contract and
include{ as a minimum:
,
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1 ,ooo~boo Combined Single Limit (CSL).
'i."
~
If split limits are provided, the minimum limits acceptable shalI be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
-
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the efTectiye date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months fOllowing the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
'.~.-
GL3
Adminislratlon In~trUClion
114709.2
.I
56
(
1996 Edilion
VEHICLE LIABILITY
INSURANCE REQUIREMEl\iS
FOR
CONTRACI'
BETWEEN
MONROE COUNTY, FLORIDA
. AND
Recognizing that the work governed by this contract requires the USe of vehicles, the Contractor,
prior to the commencement 0 f work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability COVerage for: .
· Owned, Non-Owned, and Hired Vehicles
,"0.1-"
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shaIl be:
$ 500,000 per Person
$ I ,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLJ -'
Administration Instruction
#4709.2
-'
83
1996 Edllion
(
WORKERS' COl\1PENSA TION
INSURANCE REQUIREl\fENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
. AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance \lith limits 'of not less
th . .
all: _ _
S 1 ,000.000 Bodily Injury by Accident
S 1,000,000 Bodily Injury by Disease, policy limits
S 1,000,000 Bodily Injury by Disease, each employee
Coverage shaH be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
ofInsurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor Participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
'\'C3
Administration Instruction
114709.2
90
-I ' ,
.\prd 22. 1<)<),1
1,;1 l'nnUIl!;
MONltOE COUNTY. FLORIDA
RClJuc.'it For Wah-er
of .'
Insurance Rcquiremcnts
11 is rcquC5tcd lhallhe snsur:mCc requirements. :is specified in lhe Counly's Schedule or Insur:ll1cc
Requiremcnls. be wai\"Cd or modified on lhe following contmcl
COlllr:lClor:
"
The Bertz Corporation
Contr:tct for:
Car Rental Concession - Key West Int'l Airport
4751 Best Raod, Suite 400
Atlanta, GA 30337
Address of Contr:lctor:
Phone:
(404) 766-2688
Scope of Work:
Car Rental Agency
Rcas<.'O for W;llvcr:
Hertz Corporation is self-insurel ~1 the State of
Florida for Vehicle Insurance. Has provided Certificate.
of Self-Insurance
Signaturc of Cammctor:
Risk Malla~Clllel1t
Approved X
0~A~~
'C?/9 '1/ q 'I
NOl Approved
Dnte
CoulIIy AUllllllistr.llor Jppc:ll:
.
Approved:
Not Approvcd:
DJte:
LJo:lrd of C()lIllt~. COlli missioners appc.1f:
Approved:
Not Approved:
Mccting Date:
WAIVeR
,
EXHIBIT 'B'
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