Item C03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 6/15/05
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
AGENDA ITEM WORDING: Approval of lease extension agreement with Budget Rent a Car Systems for operations a
the Florida Keys Marathon Airport.
ITEM BACKGROUND: The agreement extends the termination date to February 28.2010.
PREVIOUS RELEVANT BOCC ACTION: Approval of lease agreement dated December 20, 1995, and extension
agreement dated April 19, 2000.
CONTRACT/AGREEMENT CHANGES: Extends termination date to 2/28/10, and adds Airport Security language, item
# 32,
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
SOURCE OF FUNDS: N/A
COST TO COUNTY: None
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: FY 2004 - $ 60,609,00
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: Budget Rent a Car Systems
Effective Date: 3/1/05
Expiration Date: 2/28/10
Contract Purpose/Description: Lease Extension Agreement
Contract Manager: Bevette Moore
(name)
# 5195
(Ext. )
Airports - Stop # 5
(Department! Stop)
i
I for SOCC meeting on: 6/15/05
Agenda Deadline: 5/31/05
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? N/A
Grant: No
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
County Attorney
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LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION agreement is entered into by and between Monroe County,
political subdivision of the State of Florida, hereafter Lessor, and BUDGET RENT A CAJ
SYSTEMS, INC., a Florida corporation, hereafter Lessee or Concessionaire.
Vv'HEREAS, on the 1st day of March, 1995, the parties entered into a car rental lease an
concession at the Marathon Airport, hereafter original lease. A copy of the original lease is attache>
to this extension agreement and made a part of it; and
WHEREAS, the original agreement term ended on February 29, 2000 and the partie
extended the original agreement term by five years; and,
WHEREAS, the lease extension expired on February 28, 2005 but the parties desire t,
extend the original agreement an additional 5 years; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the partie.
agree as follows;
1. Paragraph 2 of the original agreement is amended to read:
2. Term. This Agreement is for a term of five (5) years,
commencing on March 1, 2005 and expiring on
Februarv 28, 2010.
2. Paragraph 3d of the original agreement IS amended to provide a guaranteec
minimum of$16,675.
3 The following paragraph is appended to the lease extension and incorporated into the
original agreement as paragraph 32.
32. Airport Security.
a. General. The federal Transportation Security Administration is the federal agency
primarily responsible for overseeing the security measures utilized by the airport owner pursuant to
the relevant provisions of Chapter 49, United States Code, and regulations adopted under the
authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or
regulations may result in severe civil monetary penalties being assessed against the airport operator.
It is the intent of the airport operator that the burdens and consequences of any security violations
imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's
employees, agents, invitees, or licensees shall be borne by the airport tenant.
b. Airport Tenant Defined. }\n airport tenant means any person, entity, organization,
partnership, corporation, or other legal association that has an agreement with the airport operator to
conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR
1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant.
c. Airport Operator Defined. As used in this Agreement, airport operator means Monroe
County, Florida, its elected and appointed officers, and its employees.
d. Airport Property Defined. Airport property shall mean the property owned or leased by,
or being lawfully used by, the airport operator for civil aviation and airport-related purposes. For
purposes of this Agreement, airport property is the property generally referred to as the Key West
Airport, the Marathon Airport, or both as may be set forth in this Agreement.
e. Inspection Authority. The airport tenant agrees to allow Transportation Security
Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests,
including copying records, to determine compliance of the airport operator or airport tenant with the
applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq.
f. Airport Security Program. The airport tenant agrees to become familiar, to the extent
permitted by the airport operator, with the Airport Security Program promulgated by the airport
operator and approved by TSA, and also agrees to conform its' operations and business activities to
the requirements of the Airport Security Program.
g. Tenant Security Program. If permitted under TSA regulations, the airport tenant may
voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR
1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is
approved by TSA, such program, as may be amended and approved from time to time, shall be
automatically incorporated into this Agreement.
h. Breach of Agreement. Should TSA determine that the airport tenant or one or more of
the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act
as required, and such act or omission is a violation which results in TSA imposing a civil penalty
against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such
determination and imposition of a civil penalty by TSA shall be considered a significant breach of
this Agreement.
(1). Minimum Violation. If the violation is the first or second violation attributed to the
airport tenant and is a civil penalty "minimum violation" as provided for in TSA' s Enforcement
Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator
the total costs incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, mitigating, compromising, or taking of remedial measures as may be
agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in
the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the
violation is a third violation, or there are multiple violations in excess of two violations, that is or
are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total
costs incurred by the airport operator, induding any fines or penalties imposed, in investigating,
defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA,
to include but not be limited to reasonable attorney's fees and costs incurred in the investigation,
defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport
operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective
thirty calendar days after receipt by the airport tenant of written notice of cancellation of this
Agreement by the airport operator.
(2). Moderate Violation. If the violation is the first or second violation attributed to the
airport tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement
Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator
the total costs incurred by the airport operator, including any fmes or penalties imposed, in
investigating, defending, compromising, mitigating, or taking of remedial measures as may be
agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in
the investigation, defense, compromisi'ng, mitigation, or taking of remedial action measures; and,
further, the airport tenant may cause all of airport tenant's employees involved in the airport
tenant's business operations on the airport property to W1dergo such security training as may be
req uired by the airport operator. The total cost of the training shall be paid for by the airport tenant.
If the violation is a third violation, or there are multiple violations in excess of two violations, that is
or are a civil penalty "moderate violation", the airport tenant shall pay to the airport operator the
total costs incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, compromising, mitigating, or taking of remedial measures as may be
agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in
the investigation, defense, compromising, mitigation, or taking of remedial action measures; and,
further, the airport operator shall have the right to unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice
of cancellation of this Agreement by the airport operator.
(3). Maximum Violation. If the violation is the first violation attributed to the airport tenant
and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction
Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total
costs incurred by the airport operator, including any fines and penalties imposed, in investigating,
defending, compromising, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs
incurred in the investigation, defense, compromising, mitigation, or taking of remedial action
measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the
airport tenant's business operations on the airport property to undergo such security training as may
be required by the airport operator. The total cost of the training shall be paid for by the airport
tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil
penalty "maximum violation", the airport tenant shall pay to the airport operator the total costs
incurred by the airport operator, including any fines or penalties imposed, in investigating,
defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA,
to include but not be limited to reasonable attorney's fees and costs incurred in the investigation,
defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport
operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective
thirty calendar days after receipt by the airport tenant of vvritten notice of cancellation of this
Agreement by the airport operator.
(4). Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the
airport operator detects violations, promptly discloses the violations to TSA, and takes prompt
corrective action to ensure that the same or similar violations do not recur. This policy is known as
the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA
regulations, foster secure practices, and encourage the development of internal evaluation programs.
The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it
to the airport operator. Should the TSA ultimately determine that the violation was committed by
the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation
should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant
shall reimburse the airport operator the total costs incurred by the airport operator in investigating,
defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs incurred in the investigation, defense,
mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of
correction shall not be considered to be a breach of this Agreement by the airport tenant.
(5). Survival of Sub-Section. This sub-section h shall survive the cancellation or
termination of this Agreement, and shall be in full force and effect.
i. Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, the airport tenant agrees to hold
hannless, indemnify, defend and release the airport operator, and the airport operator's elected and
appointed officers and employees, from any claims, actions, causes of action, litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any and all types
of injury, including death, loss, damage, fines, penalties, or business interruption of any nature
whatsoever, of or to any person or property in connection with the use of the airport property under
this Agreement, regardless of causation and including criminal acts of third parties; and especially
including any and all fines, penalties, out of pocket expenses, attorney's fees and costs, and costs of
remediation or additional security measures required to be implemented by any governmental
agency (including but not limited to the Federal Aviation Administration and the Transportation
Security Administration) resulting from a violation of any federal law or federal regulation. This
sub-section shall survive the cancellation or termination of this Agreement.
4. Except as set forth in paragraphs one and two of this lease extension agreement in all
other respects the terms and conditions of the original 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)
COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD
OF
COUNTY
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Ma yor/Chairperson
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BUDGET RENT A CAR SYSTEMS, INC
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Witnesses
By_
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Robert Bouta, Senior Vice President
Of Cendant Car Rental Group, Inc.
An authorized representative of Budget Rent A Car System, Inc
This docu;7.?was pre .?~tapproved~ form by:
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Pedro J. Me ('l~d9( q.
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA.
ETHICS CLAUSE
warrants that helit has not employed, retained
or otherwise had act on hislits behalf any fanner County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990, For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
;?t-t~ J:?~{-i>
Robert Souta, Senior Vice President
Of Cendant Car Rental Group, Inc,
An authonzed representative of Budget Rent A Car System Ir
Date.
STATE OF r~e.cL 0V?~U
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COUNTY OF L\u'(\"-t ~
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
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who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this :?(:~-+v, day of
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'. DJARY PUBLI~
My commission expires:
CYNTIA M. HERMES
NOTARY PUBLIC, STATE OF NEW JERSEY
NO. 2284899
MY COMMISSION ~PIRES: 3/05/07
OMB - MCP FORM #4
rUDLIL ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
Contract to provide any goods or services to a public entity, may not submit
a bid on a Contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of rea]
property to public entity, may not be awarded or perfonn work as a
contractor, supplier, subcontractor, or consultant under a Contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount pro vi ded in Section 287.0 I 7, for CA TEGO R Y
TWO for a period 006 months from the date of being placed on the
convicted vendor list."
By: #L7() ;::~
Robert Bouta, Senior Vice President
Of Cendant Car Rental ,Gtr~UP~i~CUdget Rent A Car System, Inc.
An authorized represen,a Ive
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LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION agreement is entered into by and between Monroe County,
a political subdivision of the State of Florida, hereafter Lessor, and BUDGET RENT A CAR
SYSTEMS, INC., a Florida corporation, hereafter Lessee or Concessionaire.
WHEREAS, on the] st day of March, ] 995, the parties entered into a car rental lease
and concession at the Marathon Airport, hereafter original lease. A copy of the original
lease is attached to this extension agreement and made a part of jt; and
WHEREAS, the original agreement term ends on February 29, 2000 but the ponies
desire to extend the original agreement term by five 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 five (5) years,
commencing on March I, 2000 and expiring on
Februar)c 28, 2005.
2. Paragraph 3d of the original agreement IS amended to provide a
guaranteed minimum of $16,675.
3. Except as sei forth in paragraphs one and two of this lease extension
agreement in all other respects the terms and conditions of the original agreement
remain in full force and effect.
ESS WHEREOF, the parties hereto have set their hands and seals the day end
written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~~
BUDGET RENT A CAR SYSTEMS, INC
Witnesses
By
Title
Peter H. WemplE
joiriilextend
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LEASE AND CONCESSION AGr:2EEMENT
MARATHON AIRPORT
TH!S CONTRACT Or LEASE is' 'made and entered into on the olo t6 doy of
~. , 1995 , by end be0een MONROE COUNTY, a political sUDdivis:on of the Sia;e
of rlorica. hereinafter referred to as Lessor. and BUDGET RENT A CAR SYSTEMS, INC.. qualified to
de business in the State of Florida. hereinafter referred to as lessee or Concessionaire;
WHEREAS. lessor desires to grant to Lessee a non-exclusive right to operale an
a~iomobi:e rental concession at and from the Marathon Airpori at Marathon. Florida,
he:einafter referred to as Airport: and
WHEREAS, Lessor and lessee desire. in connection with said operations, to provide ~o:
the leasing by l.essor to Lessee of cenain space in and around the Airiine TerT:Iina~ at the Airpon
fe, :~Ie 8s;c:::.iishmenT of a RenTal Car Concession to accommODaTe the Lessee' 5 custome~ one:::
p,cvide SDoce for the tempo:cry placement of rental ready vehicies and for other purposes j'~1
connec::on with said operc:ions. all as hereinafter more specifically proviaed:
NOW, THeREFORE. in consideration of the premises ana of mutua! covenants one:::
promises r,ereinafter containec, the parties ~ereto do hereby agree as follows:
1. Premises * lessor hereby leases 10 Lessee for iis exclusive use as rental car office
space;; 101 located in the airiine terminal at Marathon, Monroe County, Florida, said space
contoining 247 square feet. and being designated "Auto Rental Office/Counter," as shown on
E.:miiJit A, ctioched hereto and made a port hereof; and in addition thereto. hereby provides
GL)o~
J-4..J3-sq. ft. of car prep. area and fourteen (14) renial car ready spaces in the parking lot. .
2. i erm - This agreement is for c term of five (5l years, commencing March 1. 1995,
and expiring on February 29, 2000.
3. Rental and Fees - lessee, for and during the term hereof. sholl pay to Lessor for
the use Gnd occupancy of soid Basic Premises and for the rights and privileges herein granted
Ii o~ the foliowing SCheduled rates and fees:
,"
(0) Counter Ren~ci: Offlce/C~\_.:n1er space rental will be po:c for at
the follow roles:
Morc~hon Airpor. - $20.00;sC;. ~t./per ann:Jm .,. tax.
Counter/office remai space includes (nOl space physically enclosed by the
counler, side pani~ions ond bcckwall, This roTe includes ~he operaTing and
maintenance expense direc~ly relciec 10 The airiine terminal cost cenier plus
allocaTed administrative cos't pius return on investment. These rates. which are
currently equo: 10 the odne reniai rOle for publicly exposed space. will be
adjusted yeoriy. The annuc: adjLiSlmenT shall be made in accordance with
percentage change in the Consumer Pnce Index (CPI) for Wage Eamers and
Clerical WOrKers in the Miami, Florica. area 'Inaex, ond shall be Dmed upon the
annual average C?I comj:Ju1oiion from .anuary 1 through December 21 or the
prevIous year.
(b) Cor oreo, Areo - 6402 sq. ft. - ,395/sq. H./per annum - utilities to be
paid Dy Lessee, Lessor snail obtain any cievelop:J\ent permits. use permits and
occupational licenses necessary for the washing and oiner preparaTion. other
than mechanical repairs. of ccr.; for rente!.
(cJ Founeen 11 i) Cor Reed\' Scc::es * Exhibit C - no charge.
Idl Concession Fee: Guora.'"'deed minimum annual concess:on
fee for each COntract yem of the five 15) year 1effi', of this concession
agreement sholl ~e $25.008.00. The Lessee agrees 10 pay monthly ten (10)
percent of gross revenues for the previous month or one rwelfth (1/12; the
guaro;"teeci on;,uol mir,imurn, whic"eve' is greater. in rhe event The tOlOi
amount paid curing any Ole year perioo under This meinod exceeds ten
Der::ent of gross revenues or tne annual min'lmum guara:iiee. whicnever is
greoler. for Thai one year ::)eriod. an aC:j'us!r.-len~ will be maoe 10 the firSl months
renT for the neX1 subseq_'enT pe;iod or. at the end of ~he fiftr: year,
reimb'ursement wii! be mC8e wilnin thirTy C8YS.
A performance bond I] tne amoun1 of $25.000 (iVv'enry-five thousand dollars] shall be provided
to the Board of County Commissioner.; and sr.81l be held 'In escrow as security TO insure
conformance with the conTract provisions. It is noT the intent of the County to call the bond for
rento! payments unless there is a viojo;ion of the contract.
4. Definition of Gross Rece'lots - As used herein. the terrT'i "gross receipts" snaIl mean
the :oial sum of money, from charges for nei time. mileage, ana personal accidenT insurance.
paid or payabie, whether by cash or credit. (cher cny discount specifically shown on the car
rental agreement), by :he cusiomer io Concess:onaire for or in connection with the use of
vehicle conrrocled for. delivered or renTed to l"e cusTomer at the Airport, regardiess of where
2
ihe payment is made or where the vehicle is retumed. The Concessionoire for the purpose of
its concession renTals sholl report all income. both cash and credit, in its monthly gross receipTs
sta1ement.
. .
5. Accountina Procedures - The Concessionaire sholl keep records of all sales and
revenues. wherher for cash or credit. whether collected or not from irs operations in a manner
~Jenerolly accepted as standard to the automobile rental induSTry locaTed on Airports. Lessee
agrees to operate its business upon the Airport so that a duplicate rental agreement invoice,
senclly pre-numbered. shall be issued for each sale or transadion whether for cash or credit
Lessee rurther agrees that it will make available to Monroe County. a full and com;:>iete book
of OCC::Junts and other records required by the County to provide a true account of all
revenues penaining to its operations under the provisions hereof. The County, acting through
its Finance Direcior or other authoriz.ed representative. shall have the right to inspect and audit
the Concessionaire's books of accounts and other records directly generated at the Maiathon
Airpon office or otherwise pertaining directly to this agreement. Knowingly fumishing the
Counry Q L:llse siQ;emen1 of its gross sales ur'lder the provision hereof will constitute 0 default by
the Concessionaire of this agreement and Hle County may, at its option, deciare this contract
terminated. The Lessee retains the right to have its controller or 0 representative assigned by its
controller to be present during any inspection or audit by the County. Ten (10) business day's
notice must be given of lnte!)t to audit by the County to allow lessee's controller sufficient time
to sched~le said presence.
6. Abatement of Minimum Guarantee - In the event that (1 J for any reason the
number of passengers deplaning on scheduled airline flights at the Airpori during any month
shall be less than eighty percent (80%} of the numbe~ of such deplaning passengers in the
some peiiod of calendar year 1994, or in the event that (2) in the opinion of the Boord of
County Commissioners. the operation of lessee's cor rental business at the Airport is atfecied
:i
through no feult or Lessee by shc;-;ages or other disnJprion In me supply of aUTomobiies.
gasoiine. or OTher gooes necessary n-,eeTo. and said shoricges or other disruptions resulls in the
materiai diminution in Lessee' s gross receipTs hereunaer for c period of at least thirty (30) days:
and said shoriages or other disn.JpT:-ons are not caused by a labor dispute with Lessee. such
diminution io be sOTisfacTOriiy demonSTraied by Lessee to the Soard of County Commissione~,
then. in Eitner even!, tne Minimum GuaranTee Fee should be cb::::ned for the period or time
such condition continues iO exist. During said period of time. Lessee shall continue to pay to
the Lessor Ten percent (10%) of gross receipts from the operCTions hereunder as hereinbefore
defined.
7. Investment bv the ~essee - Alllecsehold improvements and their titles shail ves~
immediaTeiy in Mon,oe County upo;- their acceptance by the County. Fumiture. fumishings.
fiXTures onc eauipmen1 wil! remOIi rhe per'Sona: properry of Cor.cessionaire and moy be
re:;-,oved upon the termlnaiion of tne agreement. providee o~! 0; its accounts payable to the
Courny ore paid aj tnei time. or in tne event the County does no; purchase same.
8. Leasehold !m~)rovements - Lessee has the right ow-ring the term hereof, at ih own
expense. at any time from time to time:
to insTall, main1cin. operOTe. reoair and repicce any and all trade fixtures and
orner personal ~roperry useful from Time to rime in connection with its operation
on the Airpori 011 of which snell be and remain the property of Lessee and may
be removed by Lessee prior to or within a reasonabie time oHer expiration of the
term of this agreement: provided. however. that Lessee shall repair any damage
to the premises caused by such removal. The failure to remove trade fixtures or
other pe~ona! property shall not constitute Lessee a hoid-over. but at! such
properry not removed with'ln ten r 1 0) days after Lessee receives a written
4
ciemc::-:d for such removal shall be deemed abandoned and mere'u;::::::n shall be
tr,e sole Droperty of The Lessor.
Leasehold irn;xovements shall include any. installation of walls. pariitions. doors and windows.
any electrical wiring. panels. conduits. service connections. receptacles or lighting fixtures
attached to walls. partitions. ceilings or floor. all interior finish to floors. walls. doors. windows or
ceilings; and all floor treatments or coverings. other than carpeting. that is affixed to floors;
saniTary d:mcsol lines and sinks, commodes. and garbage disposal units: all heating. ai~
lleS)me:,i or 'ientilating aistribution systems, including pIpes. dUCTS. vemhoods, air handling
units one hot water generators: and all refrigerator rooms or vaults and refrigerated waste
rooms inciud'lng refrigeration or ventilating equipment included with same. Any furnIture.
fixtures, equipment. carpeting and draperies not classified 05 leasehOld improvements above
shall be the personal property of the Concessionaire.
9. DamoDe and Iniurv - Lessee covenants that it and ail of iTS agents, servan1S.
e;:-"pioyee~, en::: indepenoent contractors will use due core and diligence in all of its activities
one operollor.5 at tne Airporl and the Concessionaire hereby agrees 10 repay or be
responsible to I'J,onroe County for 011 damages to the properTy of the County which may be
caused by an act or omission on the part of the Concessionaire. its agents, servants. or
employees and except to the extent that such damage to the properiy is covered by
Insurance required to be prQvided by the Concessionaire under any provision hereof. or is
provided by Monroe County (except subrogation rights of The County's carrier).
Concessionaire shall pay. on behalf of ihe County. all sums which the CounTy shall become
obligated to pay by reason of the liability, if any, imposed by law upon the County for
damages beco'.Jse of bodily injury. including damages for core and loss of service. including
death at_ any time resulting from bodily injury and because of injury t%r destruction of
properiy, inc!ud:ng the loss or use thereof which may be coused by or result from any of the
5
aciiviTies, omiSSion, or operations of the Concessionaire, iis agenTs, servOn1$, or employees on
the ,Airport.
10. Othe" Deveioomert of .Airoon - Monroe County reserves the right to further
aevelop or improve the landing area of the Airpon as its 5ees fit, regardless of the desires or
views of the Concessionaire, and without interference or hindrence; provided, however, that in
no event con the County deprive the Concessionaire of reasonable end direct routes of
ingress and egress to the premises.
11. Termina! Area Planninq - Lessee acknowledges that Monroe County has Mester
Pions including terrninal aree revisions. lessee hereby agrees 10 cooperare 10 the fullest with
the Counry. especi:::::liy in those arees of terminal improvements wnicr. may at some time cause
relocGtion of rental ccr facilities.
12. Uiilities - Electricity, water end tresh removal service will be assessed to Lessee at
o surcharge of $250.00 per month, which monthly fee shGl1 be Gcjuslec for each contract year
commencing Noverr.ber 15. 1995. in accordance with rhe percentage change in the
;,.
Consume Price index (CP!) for WaGe Eomers and Cieri:::cI Workers in lne Miami, Florida, mea
inoex, and shall be basea upon me annual overage CPI compUiQlio;1 from January 1 througn
December 31 of the previous year.
13. Lessee's Obliaations - Lessee covenanTS end agrees:
(0) to pay, the rent and other charges herein reserved at such times
and places 05 the same are payable:
(b) 10 make no alterations. aCdlTlons or improvements to the
demised premises without the prior wririen consent of Lessor. whicn consent shall
be not be unreasonably wilhheld;
(c) to keep and maintain the demised premises in good condition.
order and repoir during the term of this agreement. and to surrender the same
upon the expirOiion of the term in the condition in which they are required to be
kept. reasonable wear and tear and damage by casualty. not caused by
Lessee's negligence, riot and civil commotion, excepted;
(d) to observe and comply with any and aJ! requirements of the
constitUTed public authorities and with 011 federal, state or local starutes,
6
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:
[e) to pay all taxes as~essed or imposed by ony governmental authority
l,Jpon any building or other improvements erected or ins10Hed on the oemised
premises auring rhe Term of this agreement:
[f) 10 conrrol the conduct manner and appearOi',ce of its officers.
agents. ond employees. and any objection from the Director of Airpom
conceming the conduct. manner or appearance of such persons.
Concessionaire shall forthwith toke steps necessary to remove the cause of the
objection.
14, Lessor's Insoection and Maintenance . Lessor and its authorized officers,
employees, agents. contractors, subcontractors ond other represenlQrives shall have the right
to enler '..;por. tne demised premises for the following purposes:
(a) to inspect the demised premi5es at reasonaDle inrervais aunng regular
business nours (or at any time in case of emergency) to deTermine whether
Lessee ,'Ias complied and is complying with the terms and conditions of this
agreement with respect thereto: or
[b) to perform essential maintenonce. repair. relocation. or removal of
ex:sting underground and overhead wires. pipes. drains. cobies and conduits
now located on or across the demised premises, ond to construct. maintain,
repoir. reiocate and remove such facilities in the future if necessary to corry out
the MOSler Plan of development of the Airport: provided. however, that said
work shoilln no event disrupt or unduly interiere with The operations of Lessee.
a'iC provloed further. 1hal the entire cost of such work. including but not limited
10 the COST of rebuilding. removing. relocating, protecting or othervvise
modifying any fixed improvements ot any time erected or insTalled in or upon
the demised premises.by Lessor. Lessee or third parties. as a result of the exercise
by Lessor of its rights hereunder. and the repair of all damage 10 such fixed
improvements caused thereby. shall be borne solely by Lessor.
15. Indemnification -" Lessee shoJi indemnify and hold Lessor forever harmiess
from and against all liability imposed upon Lessor by reason of legal liability for injuries to
persons. or wrongful death. and damages io property. caused by Lessee I s operations or
activities on such premises or elsewhere at the Airport. provided thet lessor shall give Lessee
promp1 and timely nOTice of any claim made against Lessor whicn may result in 0 judgment
7
~~;,.~.;,$1 ,-essor because or sucr. i,'"',,1u;y cr ::::::omcge cn::::; prompTly oeiiver to Lessee any papers.
no11ces documenis. Sl./rnl,',cnses, or o;ner iegcl precess whaisoever served upon Lessor or its
oge:;ts, and provided funner that Lessee and its insurer. or eiiher or them. shaJl have the righi 10
investigate. compromise. or derend 011 claims, actions, suiis and proceedings to the eXler.) of
Lessee' 5 interest therein; and in conneciion therewitn, the ponies hereio agree to faithfuJJy
,":ooperoie with each other and Wiih Lessee's insurer or agents in any soid action.
(0) Insurance - Lessee sholl carry fire and extended coverage insurance. if
o8taincble, on all fixed irr:p:ovements erected by Lessee on the demised
premises TO the full i;lsurcble value nereof. ii being understood and agreed that
for purposes hereof tne terrr, "fuil insurable value" s,hal! be deemed to be that
amount for which c pruden; owner in like circumstances would insure similar
property. but in no event an cmount in excess of Lessee's original cost of
constructing said fixed improvements.
(b) Coveraoe The Lessee shall procure and mai:ll0in insurance of the
type~ and to the iim;~s os conici:led in Exhibit.. D", which is nereby mode a part
of this Lease,
16. Non-Dlscr::ni"C7:or, - ~e:see snoll furnish al! services authorized unaer th:s
ag~eement on a fair, equal ana :ion-discriminatory basis to all ~ersons or users thereof.
charging fair, reasonable, ond non-discrlminaiory prices for 011 ilems ond services which it is
permitted to sell or renaer under this c;:reemenr shall be construed as requiring the Lessee to
seek c~proval by Monroe Counry before or oHer Lessee estc:)iishes 0: alters its rental cor rates.
Franchisee shall not discriminate in its err,;J:oyment practices cgainst any person on the basis of
race. sex., creed, color. notionai origin, age or any other characteristic or aspect which is not
job related.
17. Rules and Reculations - Lessee agrees to observe and ooey, during the terTrl of
this agreement. all laws. ordinances, rules and regulations promulgated and enforced by the
Counry and by any other proper aurnority having jurisdiction over the conduct of the
08eratio[1s at the Airport WiThin thirty (30) GOYS from the dote of this contracT. the County shall
\:xoYloe Lessee 0 written l'ISt oi 011 rules cnc; regulations which it has promuigated up until that
8
lime one which wi!! eHect the Lessee's operations hereunder. In me event new rvles and
regulaiio::s ore conTemplated, written notice of same shall be fumisnec 10 Lessee, ond Lessee
will be giver: Thirty (30) days to comply. In the event that Lessee shouid del ermine that any
conTemplcled rule or regulation' 'unreasonably hinders him in his operation under this
agreement. the Lessee shall so notify the County. and the pariies hereto agree that any
problem crising incidental thereto will. os much as possible. be worked out between the poriies
without ~he necessity to resori to further legal remedies.
18, Furnishina of Service * The Lessee further covenants and agrees that he will. at all
times aUring 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 ond described herein, and 011 aspects and pens and services thereof
as herein::.t:love deiined and set forth, and will make all such facililies and services available to
the pubiic :md that he will devote his best efforts for the accomplishmenT of such purposes.
19, United States' Reouirements - This lease shall be subject end subordinate to the
provisions or OilY existing or future agreement between the Lessor end the United States
relalive to ihe operation or maintenance of the Airport. and execution of which has been or
may be rec:uirec by the provision of the federal Airport Act of 1946, as amended. or any future
act affect:ng the operation or maintenance of the Airport, provided. however. that Lessor shall.
to the extent pe:rnitted by low, 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. ond payment for
interference therewith and for damage thereto. caused by such agreement or by actions of
tne Lessor or the United Staies pursuant thereto.
20. Lessor's Covenant,; - The Lessor covenants and agrees that:
(0) Lessor is the lav.rful owner of the property demi:ied hereoy. thot
ij hos lov.1ul possession thereof. and has good and lawful
authority 10 execute this Lease: and
9
[b) throughout rhe term hereof Lessee may hOVE. hold and enjoy
peaceful ana unirl~efT\..:;:Jted possession of the ;Jremises and rignts
nerein leasec and granTed. subject ro performance by Lessor of
its obligations herein.
21. Cancellation bv Le~sof - If any of the following events occur, the Lessee she:! be
aeemed to be in default of its obligaTions under the agreement. in which case Monroe County
~hall giVE the lessee noiice in writing to cure such defau:t within thirty (3D) days. or the
concession will be automatically canceled at the end of thet lime and such cancellation will
De without forfeiture. waiver. or release of the County's right to any such of money due
pursuant 10 this aareement for the full term hereof:
(a] if Lessee shall make a general cssign~ent for the benefit
of creditors, or file a voluntary petition in bankr-":;:Jicy or a petition
or answer seeking its reorganizction or the recdjustment of its
indebTedness under the Federal 8cnkrupicy lows of any other
similar law or statute of the Uniiec::' Stares or any state. or
government, or conseni 10 the cppoi!""tment of a receiver. t1l.Jstee
or liquido:or of ell or subSTantially all of the prcperty of Lessee;
(b) if any Older or decree of a C00ri of compeient jurisdiction
Lessee sholl be adjudged bankn..:pt or an order shall be made
approving a petition seeking its reorgonlIotion. or the
readjustmenT of its indebtedness under the Feaeral Bankruptcy
Laws of any law or Sla1Ute of the United Slates or any state.
terriTOry. or possession thereof or under the law of cny other state.
nation. or govemment. provided, thet if such judgment or order
be stayed or vacated within ninety (90) days after the en1ry
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
govemmental authority, board. agency or officer having
jurisdiction. a receiver, trustee or liquidator shall tak.e possession or
control of all or substantially all of the property of Lessee for the
benefit of creditors. provided. thaT if such oraer or decree be
stayed or vacated within sixty (60) days ofter the entry thereof or
during s',Jch longer period in which Lessee diligently and in good
faith contests the some, any notice of cancellation shall be and
will become null. void and of no effect
(d) if Lessee fails 10 pay the rentol charges or other money
paymenTS required by this instrument and such fail',He shall not be
remedied within thirty (3D) days following receip~ by Lessee of
written demand from Lessor to do so:
10
(e) if Lessee defaults in fulfilling any of the lerms, covenants. or
conditions required of it hereunder and fails to reri"ledy said
default within thirty (30) days following receipt by Lessee of written
demand from Lessor to do. so. or if. by reason of the nature of
such default. the same: cannot be remedied Within thirty (30) days
following receipt by L:essee of written demand from Lessor to do
so. then. if Lessee shall have tailed to commence the remedying
of such default within thirty (3D] days following such written
notice, or hoving so commenced. shall fail thereafter 10 continue
with diligence the curing thereof:
(f) if the Lessee shall desert or abandon the premises for
seven 171 consecutive calendar days;
(g) if the concession or the estate of the Lessee hereunder
shall be transferred. subleased. or assigned in any manner except
in the manner as herein permitted:
(h) if the lessee shall foil to pay any vaiidlv im::Jcsec 1ax;
ossessments: utiliTy rem, rate or charge; or otner gove::-"men:al
ImDosition: or any :)~ner charge or lien agains1 the premises
leased hereunaer within any grace period allowed by bw or by
the governmental aurnority imposing the same. durir,g which
paymenT is permitted without penalty or interest: in ecr.-,plying
with this subparag:-aph the Lessee does not waive his right 10
proteST suer: lax, assessment, rent. rate or charge; or
[i) if the Lessee fails to provide service as req'..Jired by
specifications for five days during any thiriy day period. unless
such failure is caused by an act of God. national emerger:cy or a
labor strike of which the Lessee has given the County immeoiole
notice. the concession may be canceled within thirry (30,: oays of
the giving of notice by the County and the Lessee sholl not be
permitted to cure such default.
22. Additiona! Remedies - In the event of a breach or a threatened breach by
lessee of any of the agreements. terms. covenants and conditions hereof. the County shaH
have the right of injunction to restrain said breach and to invoke any remedy allowed by Jaw
or ecuity. as if specific remedies. indemnity or reimbursement were not herein provided. The
rights and remedies given to Monroe County are distinct. separate O:l8 cumulative. and no
one of them. wnether or not exercised by the County, shall be deemed to be in exclusion of
any ot lrJe otners herein or by law O~ in equity provided. No receipt of monies by Monroe
1 1
County f~om lessee afier the cancellarion or lermination hereof snail reinstate, continue or
extend ~he lerm, or c7iecl any nOlice previously given to lessee, or operate as a waiver of the
rignt of the County to enforce the payment of renrels 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 othervvise. It is agreed that. oher the service of notice to cancel or
'rerminare as herein provided. or after the commencement of any proceeding, or after a final
order for possession of tne premises, the County may demand and collect any monies due. or
thereafter falling due, without in any manner aHeciing such notice, proceeding, or order; and
any and all such monies end occupation of the premises. or at the election of the County on
account of lessee' s lia~iJity hereunder. The poriies agree that any litigation arising out of the
agreement sha!! be brought in Monroe County, Florida, and determined under the Jaws of the
State of Florida. Lessee will pay any reasonable ottomey's fees incurred if the County prevaiis
'In the eniorcemer,t of ~ne agreemenT. regG~die$s of whether or not a lawsuit is filed. including
::)I.;t nol iimiied to 011 costs ana aTtomey's fees incurred in collecting. triaL bankruptcy or
reorgenizo!ion proceeaings or appeal of any metter hereunder end ell costs. charges end
expenses incurred herein.
23. Cancellation by Le5:see - Lessee shall hove the right upon writien 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 eyent or events is then continuing:
(a) the issuance by any court of apparent competent
jurisdiction of an injunction. order, or decree preventing or
restraining the use by Lessee of all or any substantial part of the
demised premises or preventing or restraining the use of the
Airport for usual airport purposes in its entirety, or the use of any
part thereof which may be used by Lessee and which is
necessary for lessee's operations on the Airport, which remains in
force unvocated or umtayed for 0 period of at least one
hunared tvventy (120) days;
(b) the default of Lessor in the performance of ony of the
Terms. covenanTS or conditions required of it under this instrument
and the failure of Lessor to cure such default within 0 period of
12
thirty 130) days following receipt of written demand from Lessee io
do so, excepr that if by reason of the nature of such default, the
some cannOi be cured within sajd thirty (30)doY5, then Lessee
snail heve 'ne right to .cancel jf Lessor shoJi have failed 10
commence :0 remedy such default within soid thirty (30) days
following receipt of sUf=n written demand, or having so
commencec, shall fail thereafter to continue with diligence the
curing thereof;
(c) the inability of Lessee to conduct its business at the Airport
in substantially the same manner and 10 the some extent as
theretofore conducted. for a period of at least ninety (90) days,
because of Ii) any low. in} any rule, order. judgment. decree,
regulation. or other action or non-oction of any Governmental
authority. boord. agency or officer having jurisdiction thereof;
(d) if The fixed improvements placed upon the demised
premises are totally destroyed or so extensively damoged thor it
would be impracticable or uneconomical to restore the same to
their previous condition as to whiCh lessee is the sole judge. In
any such case. the proceeds of insurance. if any. payable by
reason of such loss shall be apportioned between Lessor and
Lessee. lessor receiving the some proportion of such proceeds as
the then expired portion of the lease teml bears to the full term
hereby granied, and lessee receiving the balance thereof. If the
damage results from an insurable couse and is only partioJ and
such thO! the said fixed improvements con be restored to their
prior condition within a reasonable time, then lessee sholl restore
tne same with reasonable promptness. and snaJl be entitled to
receive and apply the proceeas of any insurance covering such
loss to said res1orotion. in which event this agreemem shalJ not be
canceled but shall continue in full force ana eHed. and in such
case any excess thereof sholl belong to Lessee:
fe] in the event of destruction of all or 0 material portion of
the Airport or the Airpori 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 substantial part
thereof. or in the event of milifary mobiiization or public
emergency wherein there is a curtaifment. 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
o limitation of the supply of oufomobiles or of aulomobile fuel,
Supplies. or pam for general pUblic use, and any of said events
results in morena! interierence 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 {15J days:
rf) in the event that at cny time prior to or during the ferm of
this agreement. Lessee's presently existing right to operate an
......
automobile rental concession at the Airport IS withdrawn,
canceled, terminated. or nor renewed by Lessor:
[g) the taking of the whole or any port of the demised
premises by The exercise of ~ny right of condemnation or eminent
domain:
(h) if at any time during the basic term or option term of this
lease a majority of The scheduled air transportation serving lhe
local area no longer operales 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 a place
more than three (3) rood miles in distance from jts present
location.
24. Lessee's Reserved Riohts - Nothing contained In this Agreement shall limit or
resTiic~ in any way such lawiui rights os Lessee may have now or in the future to maintain claims
0;:::::-;51 1:1e federal. staTe, or munic:pal government. or any depo,'iment or agency thereof. or
agC:r1S1 cny interstate body, commissio"",, or authority, or other pubiic or ;:xivate body exercising
governmental powers, for damages or compensotion by reoson of the taking or occupation,
by condemnation or othervvise. of all or a subSTantial pan of the aerr,ised premises, including
fixed irn~rovemenis thereon, or of all or a material part of the Airpon with adverse effects upon
Lessee's use and enjoymenr of The demised' premises for the purposes hereinabove set forth;
one' Less:x hereby agrees to cooperoie with Lessee in maimenonce of any just claim of said
nOiiJre, and to refrain from hindering. opposing. or obstructing the mcintenonce thereby by
Lessee.
25. Assianment and Sublettinq - [t is expressly agreed and undel3iood that any and
all obligations of lessee hereunder may be fulfilled or discharged either by Lessee or by a
licensed member of Budget Rent A Cor Systems, Inc.. duly appointed thereto by Budget Rent A
Car Syste.'Tls, Inc.. and that anyone ali privileges of every kind gronled Lessee hereunder
exienas to any Licensee so appointee: provided, however. that notvlithsl:::nding the method of
operation employee by Lessee hereunder any appointed Lessee always Shall continue to
14
remoln direcTly liable to Lessor for the performance of all terms and conditions of this leese.
Except nereinoDove set out, the premises may not be sublet. in whole or in port, and Lessee
shall not assign this agreement without pri~r written consent of Lessor, nor permit any transfer by
operation of law of Lessee's interest created hereby, other than by merger or consolidation.
26, Other Use - Lessee shall not use or permit the use of the demised premises or any
DO:' Thereof for any purpose or use other than an authorized by this agreement.
27 Liens - Lessee snail cause to be removed any and 011 liens of any nature anslng
out of or oecouse of any construction performed by lessee or any of its contractor.; or
subconrraciOrs upon the demised premises or arising out of or because of the performance of
any work or ;a8or upon or the furnishing of any materials tor use at said premises. by or at the
direction at Lessee.
28. Time - In com;JuTing Lessee's term within which to commenCe construction of
any fixed im;xovements or to cure any default as required by This Lease, there sholl be
excluded ell oeloys due to srrikes. lockouts. acts of God and the public enemy. or by order or
direction or other interference by any municipal. State. Federal or other governmental
depanment, boord, or commission having jufudiction. or other causes beyond Lessee's control.
29. The County hereby agrees not to enter into any automobile rental concession
agreement with any per.ion. pariner~..'lip, Of_corporation other than the Concessionaire unless
the some shel! be upon t.errns no more favorable than those herein granted to the
Concessionaire. and shoji require automobile rental services substantially equivalent to those
available frorr. aUlomobile rental concessionaires upon airports of comparable size throughout
the United Stmes, Nothing herein contained sholl limited the County from making such
reasonable distinctions between the automobile renta,l concessionaires with respect to the
assignment or allocation of rentol counter space and parking areas os may appear to it to be
justified by the Giffering operational requirements of the respeCTive renTal cor concessionaires
15
bV recson of the diNering amounTs of Airpor1 OUTomoD:le rental business done by each of the
respective concessionaires.
30 Porooroon i-iec::::;n05 - Paragraph heaa;ngs herein are intended only to assist in
reading identification and are no1 in limitation or eniargemenf of the content of any
paragraph.
31. 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 ond regisTrc~:8:-', fees prepaid, adciressee to the party for whom intended. at
the following addresses;
For Lessor:
Monroe Co\.:nry Board of County Commissioners
P. O. Box 1680
Key West. Florida 33040
For Lessee:
Budget Rent A Car Systems. Inc.
4225 Ncperville Road
Lisle, lii"lnois 60532
or :0 suer, other address cs 7::e ;:)CrTy be"lng given such not:::e shall from time to time desigr,ote
TO ~~e othEr by notice give:! in ceccrdar,ce nerewith.
IN WITNESS WHEREOF. tne ponies ha~e caused these presents to be executed by their
respective officer or represenJOiive thereunto duly authorized, the day and year first ob8ve
written.
(SEAL)
ATTEST; DANNY L. KOLHAG:. CL::2K
MONROE COUNTY BOARD Of COUNTY
COMMISSIONERS
6Y~~ c. Q...,/J~
Deputy CierK I
B~~~~
Mayo hairman
BUDGEi RENT A CAR SYSTEMS, I..r~
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MONROE COUNTY, FLOI{lDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
,;
General Insur:l1lcc R.equiremcnts
. . for
Airport/AircI":ift Activities
Prior to the commencement of work governed by this contract (including the pre-staging or
personnel Rnd material), the V cndOf shnll obtnin, n1 his/her own expense., insuranCl: as spcciiicJ in
the attached schedules., which are made part of this contract. 111e V c.ndor \.ViII ensure tbalthe
insurance obtained will e.:r.:lend protection to all Contractors engaged by the Vendor.
The Vendor will not be permitted to commence work governed by this contract (including prc-
St2:;L'lg of personnel and material) until s.atisfactory evidence ,of the required insurance has been
furnished to the County as specified below.
The Vendor shaH maintai~ the reT~ired insurance throug.hout the entire term of this conLract and
.my cxtensions specified in any a!t.zJ.chcd schcdulcs. P:lilurc to comply with this provisioll may
rcs'JJt in the immediate suspension ofal! activities conducted by tbe Venuor and itsContracto~
\lllLiI the required insurance has been reinstated or replaced.
The Vendor shall provide., to the County, as satisfactory evidence of the required insurance,
eit!ler:
· Certificate ofIr.sur2nce
or
· A Cenificd copy of the actual insurance policy.
The County. at its sole option, has the right to request a cenificd copy of any or all insurance
rouei e:s required by this contract.
All insurance policies must specify that they are not subject to cancdlatio"n, non-renewal, material
change, or reduction in coverage unJc.ss a minimum of thirty (30) days prior notification is given
to the County by the insurer, .
- .",.. ". . . 7"::>
The acceptance and/or approval orthe Vendor's insurance shall not be conslructi as relieving the _
Vendor from any liability or oblig2.lion 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 JJI policies, except for Workers' Compensation.
^ny deviations from these General I Tlsurance Requirements ~lIst be requested i.n writing on the
County prepared form entitled "Requcst for Wnivcr of lusurnnce Itcquircmcnls" ami approved
by Monroe CQunty Risk Management.
<\d <1\ i "i '" n.1 ; \c 1 rr;uuc.., i.o.,
/-4709 1
GENERAL LIADILITY
'INSURANCE REQUIH.EMENTS
FOR
CONTRACf
UET\VEEN
MONROE COUNTY, FLORIDA
AND
Plior to the commencement of work governed by this contract, the ContIdcior shall obtain
General Liability Insurance. Coycr.lge shall be maintained. throughout the life of the contract an
indude, as a minimum:
· Premises Operations
. Products and Completed Operations
· Blanket Contractual Liability
· Personal 1 njury Liability
· Expanded Definition of Property DamJ.ge
The mini;r,um limits acr.:.eptable shail be:
$1,000,000 Combined Single Limit (CSL)
If split Limits are provided, the minimum limits acceptable shall be:
S 500,000 per Person
S 1,000,000 per Occurrence
S 100,000 Property Damage
An Occurrcnc~ form policy is preferred. 11 coverage is provided on a Claims Made policy, its
provisions should include coverage ror claims filed on or afier the en ecrivc rJate of this contract
J n addition, tile period for which claims may be reponed should extend far a minimum of twe1Vt
(t 2) months follo-wing the acceptance of work by the County.
Th~ r:vro~roe ~ounty. Board afCounty Commissioners shall be named J.5 Additional Insured on:
rOhClc..~ IssueD to satIsry the ,above requirements.
.
:::J
A~._ _ ..._... _ 1_...........- ._
~T 1
. Y t:lllCLE LIA1H 1...1 1 r
INSURANCE R.EQUIIU~MENTS
FOR
.;.
CONTRACT
Il ID"\V EEN
MONROE COUNTY~ P'LORlnA
AND
Rccogni7jng that the work governed by this contract requires the use ofyehicIes, the Contrnctc
prior to the commencement of work, shall obtnin V chicle Liability Insur.mce. Covcrngc shall b
maintained througbout the life of the contrac: and include, as ~ minimum. liability covernge,fbr.
. Owned, Non-Owned, and Hired .Vehicles
The minimum limits acceptable shall be:
,..
Sl,OOO,OOO Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
S' 500,000 per Person
Sl ,000,000 per Occurrence
S 100,000 Property Damage
The Monroe County Board afCount)' Comrnissio:1ers shall be named as Additional Insured or.
poiiclo issued to satisfy the above requirements. .
-"':)
I\..lLni ni u.n.t i...., IRTU1.o<.1 in..
VLJ
WORKERS' COMPENSA TlON
INS UIU\NCE HEQ U I REM ENTS
FOR
CONTRACT
llE1WEE:N
MONROE: COUNTY~ FLORIDA
AND
Prior to the commencement of work governed by th'is .contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient 10 respond to the applicable state statULes.
In addition, the Contractor shall obtain Employcrr Liability Insurance with limits ofnat less'than:
Sl ,000,000 Bodily Injury by Accident
$1,000,000 80dily Injury by Disease.. policy limits
S 1,000,000 Bodily Injury by Disease. c:.ach employee
Cove.'"3ge shall be maintairled throughout the entire tc.rm of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must rnaintain.a minimum rating of A- Vl~ as
assigned by the A.M. Best Company.
If the Contractor has been approved by the FIoridafs Department of Labor. as an aulllOri7..ed self-
insurer, the County shall recognize :md honor the ContractOrs status. TIlC Contractor may be
required to submit a Letter of Authorization issued by thc Oepanmcm of Labor and a Cenific.:u.e
of Insurance, rrovi~ing details on the Con,tractors Excess Insurance Progra..m.
lfthe ConUGctor panicipates in a self-insurance fund, a Certifjc:ate orInsurance wiII be requiroo.
Ln addition, the Contractor may be required to submit updated unancial sutcmcnts [rom the fund
upon request [rom the County.
=::J'
~
^..!nlln; a.nr.l i ve J fN.T\.I.C\ Lon
we]
*-'70'].1
PRODUCER
Date (MM/DDiYV'f!
6/26/2004
THIS CERTIFICATE IS ISSUE:u AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
AON RISK SERVICES, INC. OF NY
199 WATER STREET
NEW YORK, NY 10038 -__ ~
COMPANIES AFFORDING COVERAGE
TEL: (212) 479-3637 __.._~_~__._..
FAX: (866) 467-7847 _. CDM:ANY A~ONTINENT AL CASUAL TV COMPANY
. -~ -.. - ----..- I" COMPANYB PATHFINDER INSURANCE COMPANY
INSURED
BUDGET RENT A CAR SYSTEM, It'Alfi~EQtf.\ q.II~~ii~Gt:M'fN~OMPANY"~ BUDGE_T RENTA CAR SYSTEM, INc;--
C/O CENDANT CORPORATION BY 3-LL~.J;7'~'d.--tCOMPAN~~ AMERI~..AN HOME ASSURANCE COMP~NY
ONE CAMPUS DRIVE, 3RD FL. 1./ cg .U~' --1----ooMPANY E AMERICAN CASUAL TV COMPANY OF READING, PA
PARSIPPANY, NJ 07054 DATE n__~-- ---l r--- ______ ___ _~
~,j,A ..-i_ff-:<rEJE'C' " COMPANYF TRANSPORTATION INSURANCE COMPANY
WAIVER.. . ----__n____
illf&~ygmg'l!~~l!m_l~~,",>.., \. VCOMPANY G OLD REPUBLIC INSURANCE COMPANY
THIS I::> 10 CERTIFY THAT THE POLICIES OF INSURIINCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRIICT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_
ET~ '.-TYP~OFINSU~~C~. ---~"''''~~""''R I 6~~~~~=r ~\~i"=~ --=_"M'~ -==
GENERAL LIABILITY I T General Aggregate I $2,000,000
A I "'~.'"' o.~"""''''i' GW016031"1 71112004 ' 71~ 12005 . ''''''d.-'''''''''' "" -~ -,,2,000,000-
,~ Ll c,.,~ ...", rx -! <>=x ,-~ ".ry _ _-;----"',000,000
L__ I Owner's&Contractor'sProt JII I !. ::h;::e;::yonenrel . -~F! ~:~:~~~:6b~_
liMed Exp (Anyone person) $0
AUTOMOBilE LIABILITY BUA2068256322 07101/2004 07101/2005 Combined Single limit $1,000,000
A
B
C
i~
~
iXl
t=J
Hired Autos
NQn~O'M1ed Aulos
A-8004-AL
SELF~INSURED
01/01/2005
Any Auto
All Owned Autos
Scheduled Autos
01/01/2004
A
GARAGE LIABILITY
X Any Aulo
7/1/2005
GL001603190
7/1/2004
D
I EXCESS LIABILITY
I p! ~;~::~t~::~:brella Form
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
7/1/2005
7/1/2005
BE 2B6-o7-14
7/1/2004
7/1/2005
E
F
WC271061661
7/1/2004
7/1/2004
WC2710616B9-CA -
OED
WC271061644 -
RETRO
MWZRD1049
7/1/2005
G
Otl1er
Excess Auto Liability
7/1/2004
-~------ ._.1._. .._
, Bodily lnjury (Per person) I
""'''. ":0". 'W4~"l-=----
Property Darmge I
Auto Only ~ EA Accident I $100,000
,--.------ --- ,- ---
i Other than Auto Only - EA Ace. ,
L.._____ ___._ ___
I Other lhan Auto Only - Agg. ' $2.000,000
Each Occurrence
$4,000,000
r- -
I Aggregate $4,000,000
I W Statutory Umls .
I~Each Accident ==__1. ---.!.1,000 ,000
I Disease - Policy limit : $1,000,000
"' Dlsea~e-- Each Ernpl~;;-- -T $1,000,000
I Each Occurrence I $4,000,000
DESCRIPTION OF OPERATIONSlLOCATIONSNEHIClESISPECIAL ITEMS
MONROE COUNTY IS INCLUDED AS AN ADDITIONAL INSURED TO THE EXTENT REQUIRED UNDER WRITTEN CONTRACT. RE: RENTAL CAR
CONCESSION AT KEY WEST INTERNATIONAL AIRPORT
..;'~eRiJE,eATg;l!Qfp~~~t;~;~~Wf~:'llf;~~~~t~~~jt;~~!~t\J'1~~f!~ft~~9.~~gCLATiq'~1!mm~ft'~t(12(ffZB!~1ff':~W~'t~I~~1'!Jt:~~~fJ~yr(S0I''1:,~
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCElLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAil 30 OAYS WRITIEN NOTICE
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
MONROE COUNTY AIRPORT OPERATION
AND MAINTENANCE
KEY WEST INTERNATIONAL AIRPORT
3491 S. ROOSEVELT BLVD.
KEY WEST, FL 33040 USA
AUTHORIZED REPRESENTATIVE
Jl4(tJ.:~.. ---
\
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441
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