Assignment 09/18/1990
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
M E M 0 RAN DUM
To:
Peter Horton,
Division Director/Community Services
From:
Rosalie L. Connolly, Deputy Clerk
Date:
November 1, 1990
As you are aware, on October 24, 1990, the Board of County
Commissioners approved and authorized execution of an
Assignment between the County and Sundance Carriage Co.,
Inc. d/b/a Dollar Rent A Car, and Dollar Systems,
Inc.assigning Sundance's concession/lease privileges at the
Key West International Airport to Dollar Systems.
Attached are two duplicate originals and one Xerox copy of
the subject Assignment, now executed and sealed by all par-
ties. The duplicate originals should be returned to your
Lessees and the Xerox copy kept in your proper departmental
records.
Attachments
cc: County Attorney
County Administrator
Finance Director
File
FILED FOR ~~:P~ENT
'90 OCT 31 PPl ~ 30
~IS. ASSIGNMENfl~i4~~dle l\ahti~(Efutered into this IltrL day of
_ 11J4(), by Ot.J!{Q C I ~,~~een MONROE COUNTY, a political
sub 1vi~ion existMu:NR~n~tfJ~J;l'1 .J.aws of the state of Florida
("County"), and SUNDANCt v~Kt{Rt~GJr' CO., INC. d/b/a Dollar Rent A
Car, a Florida corporation ("Assignor"), and DOLLAR SYSTEMS,
INC., a Delaware corporation ("Assignee").
WIT N E SSE T H:
WHEREAS, the County is the owner and operator of the Key
West Int'l Airport (hereinafter "Airport"); and
WHEREAS, the County entered into that certain Rental Car
Concession Agreement dated July 7, 1987 with the Assignor herein
as Lessee ("Agreement"), which agreement allows Assignor the
right to operate a non-exclusive automobile rental concession at
Airport; and,
WHEREAS, the County entered into that certain Airport
Service Facility Lease dated September 15, 1987 with the Assignor
herein as Lessee ("Lease") for a service facility consisting of
23,421 square feet being more particularly described in
Exhibit "A" of said Lease; and,
WHEREAS, Assignor is desirous of assigning and Assignee is
desirous of accepting the Agreement and Lease, including without
limitation all Assignor's rights and obligations contained
therein.
NOW THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. Assignor hereby transfers, assigns and conveys unto
Assignee, its successors and assigns, all of Assignor's rights,
interests, privileges and obligations in, to and under the
Agreement and Lease.
2. Assignee hereby assumes and agrees to perform fully all
of the terms, conditions, covenants and agreements of the
Agreement and Lease to be kept and performed thereof on the part
of the Lessee thereunder, including the service, insurance and
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indemnification obligations of the Agreement and Lease, and
further agrees to pay to the County all current and future
rental, fees and charges provided for in said Agreement and
Lease.
3. Assignee acknowledges that it has read and approves the
Agreement and Lease and does now assent to be bound by the terms,
conditions, covenants and provisions of said Agreement and Lease
binding on the Lessee therein. This assumption of obligations
shall be for the benefit of the Assignor and the County jointly
and severally.
4. Assignor warrants: (1) that it is the sole Lessee
under the Agreement and Lease and is the sole owner of Lessee's
interest thereunder; (2) that the Assignor is not in default
under any of the terms, covenants or conditions of the Agreement
or Lease and that there exists no condi tion or circumstances
which would constitute a default in the terms of the Agreement or
Lease or would entitle the County to terminate the Agreement or
Lease or to abridge the Lessee's rights thereunder; and (3) that
all rentals fees, and charges under the Agreement and Lease due
and payable to date or with respect to Assignor's occupancy up to
the effective date of this Assignment have been paid.
5. Assignor and Assignee shall defend, indemnify and save
each other harmless from any claims, losses, costs or expenses,
including without limitation attorney's fees, arising out of
their respective periods of occupancy and operation under the
Agreement and Lease.
6. Assignee acknowledges that the obligations of the
parties to this Assignment shall be contingent upon approval of
this Assignment by the County and the County does hereby approve
and consent to said Assignment. The County hereby allows
Assignee all the rights and privileges of the Lessee under the
Agreement and Lease from and after the effective date of the
Assignment and to deliver to the Assignee a copy of any notice
required by or under the Agreement or Lease to Assignee's General
Manager and to Assignee's Senior Vice President Operations and
Properties, 6141 W. Century Blvd., Los Angeles, California 90045.
7. The terms and provisions hereof shall extend to and be
binding upon the parties hereto, their assigns and successors in
interest.
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This Assignment shall be effective as of the 1st day of
October, 1990, on which date operation of the concession granted
under the Agreement and possession of the property demised in the
Lease will be delivered to Assignee.
IN WITNESS WHEREOF, the parties have hereunto caused this
Assignment to be executed by their duly authorized officers and
or representatives all as of the day and year first above
written.
SUNDANCE CARRIAGE CO., INC.
d/b/a Dollar Rent A Car
Assignor
B~
Senior vice President &
General Manager
ATTEST:
~ ette Hulsey
Secretary
~
DOLLAR SYSTEMS, INC.
ASS~
~
BY:G. L. Pax on
Senior Vice President
Operations & Properties
ATTEST:
Carl Bauer
Secretary
APPROVED AND CONSENTED TO:
BOARD OF COUNTY COMMISSIONERS
OF M;pl?J;::::;~
By:
Mayor/Chalrman
, '.. 1", ..) '."'Ft.
Pf~"rl~'~_
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Aff,}rn:'"il!J ,~r;;:{f'!r:
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY:~~
e ty ler
Da te : /I)-.,?~ ~d
.
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