12/20/1995 Agreement
J)ann!' I.. .olbalt
BRANCH OFFICE
3117 OVERSEAS mGHWA Y
MARA lHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF mE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS mGHWA Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
PAX (305) 852-7146
M~M.QBAHl2llH
TO:
Peter Horton, Director
Community Services Division
Attn: Bev Moore
FROM:
Isabel C. DeSantis, Deputy Clerk.o.C.&.
Date:
January 9, 1996
As you know, at the December 20, 1995 Commissioner's meeting, the
Board granted approval and authorized execution of a Lease and
Concession Agreement between Monroe County and Budget Rent-A-Car,
for operations at the Marathon Airport.
Attached hereto is a duplicate original of the subject document
for return to the Lessee.
Should you have any questions concerning this matter, please do
not hesitate to contact me.
cc: County Attorney
County Administrator, w/o document
., inance
/File
THIS CONTRACT
LEASE AND CONCESSION AGREEMENT
MARATHON AIRPORT
OF LEASE is made and entered into on the o'(() tdJ day of
~. , 199..5 ,by and between MONROE COUNTY, a political subdivision o(8le SrgJe
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of Florida, hereinafter referred to as Lessor, and BUDGET RENT A CAR SYSTEMS, INC., ~alifie4t:to
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do business in the State of Florida, hereinafter referred to as Lessee or Concessionaire(b ::r.J
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WHEREAS, Lessor desires to grant to Lessee a non-exclusive right to o~rater~n
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automobile rental concession at and from the Marathon Airport at Maratho~ FlorijJ,
hereinafter referred to as Airport; and
WHEREAS, Lessor and Lessee desire, in connection with said operations, to provide for
the leasing by Lessor to Lessee of certain space in and around the Airline Terminal at the Airport
for the establishment of a Rental Car Concession to accommodate the Lessee's customers and
provide space for the temporary placement of rental ready vehicles and for other purposes in
connection with said operations, all as hereinafter more 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 exclusive use as rental car office
space #101 located in the airline terminal at Marathon, Monroe County, Florida, said space
containing 247 square feet. and being designated "Auto Rental Office/Counter," as shown on
Exhibit A. attached hereto and made a part hereof; and in addition thereto, hereby provides
7133 sq. ft. of car prep. area and fourteen (14) rental car ready spaces in the parking lot.
2. Term - This agreement is for a term of five (5) years, commencing March 1, 1995,
and expiring on February 29, 2000.
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 at the following scheduled rates and fees:
(a) Counter Rental: Office/Counter space rental will be paid for at
the follow rates:
Marathon Airport - $20.00/sq. ft./per annum + tax.
Counter/office rental space includes that space physically enclosed by the
counter, side partitions and backwall. This rate includes the operating and
maintenance expense directly related to the airline terminal cost center plus
allocated administrative cost plus retum on investment. These rates, which are
currently equal to the airline rental rate for publicly exposed space, will be
adjusted yearly. The annual adjustment shall be made in accordance with
percentage change in the Consumer Price Index (CPI) for Wage Earners and
Clerical Workers in the Miami, Florida, area index, and shall be based upon the
annual average CPI computation from January 1 through December 21 of the
previous year.
(b) Car prep. Area - 6402 sq. ft. - .395/sq. ft./per annum - utilities to be
paid by Lessee. Lessor shall obtain any development permits, use permits and
occupational licenses necessary for the washing and other preparation, other
than mechanical repairs, of cars for rental.
(c) Fourteen (141 Car Ready Spaces - Exhibit C - no charge.
(d) Concession Fee: Guaranteed minimum annual concession
fee for each contract year of the five (5) year term of this concession
agreemen~ shall be $25,000.00. 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 performance bond in the amount of $25,000 (twenty-five thousand dollars) shall be provided
to the Board of County Commissioners and shall 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
rental payments unless there is a violation of the contract.
4. Definition of Gross Receipts - As used herein, the term "gross receipts" shall mean
the total sum of money, from charges for net time, mileage, and personal accident insurance,
paid or payable, whether by cash or credit. (after any discount specifically shown on the car
rental agreement), by the 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
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the payment is made or where the vehicle is returned. The Concessionaire for the purpose of
its concession rentals shall report all income. both cash and credit. in its monthly gross receipts
statement.
5. Accountina Procedures - The Concessionaire shall 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 located 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 available to Monroe County, a full and complete book
of accounts and other records required by the County to provide a true account of all
revenues pertaining to its operations under the provisions hereof. The County, acting through
its Finance Director or other authorized representative. shall have the right to inspect and audit
the Concessionaire's books of accounts and other records directly generated at the Marathon
Airport office or otherwise pertaining directly to this agreement. Knowingly furnishing 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. The Lessee retains the right to have its controller or a 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 intent to audit by the County to allow Lessee's controller sufficient time
to schedule said presence.
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 month
shall be less than eighty percent (80%) of the number of such deplaning passengers in the
same period of calendar year 1994. or in the event that (2) in the opinion of the Board of
County Commissioners. the operation of Lessee's car rental business at the Airport is affected
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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 (1 0%) of gross receipts from the operations hereunder as hereinbefore
defined.
7. Investment bv 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 termination of the agreement. provided all of its accounts payable to the
County are paid at that time, or in the event the County does not purchase same.
8. Leasehold Improvements - Lessee has the right during the term hereof. at its own
expense, at any time from time to time:
to install. maintain, operate. repair and replace any and all trade fixtures and
other personal property useful from time to time in connection with its 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
other personal property shall not constitute Lessee a hold-over. but all such
property not removed within ten (1 0) days after Lessee receives a written
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demand for such removal shall be deemed abandoned and thereupon shall be
the sole property of the Lessor.
Leasehold improvements shall 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, 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 disposal lines and sinks, commodes, and garbage disposal units: all heating, air
treatment or ventilating distribution systems, including pipes, ducts, venthoods, air handling
units and hot water generators: and all refrigerator rooms or vaults and refrigerated waste
rooms including refrigeration or ventilating equipment included with same. Any fumiture,
fixtures, equipment. carpeting and draperies not classified as leasehold improvements above
shall be the personal property of the Concessionaire.
9. Damaae and Iniury - Lessee covenants that it and all of its agents, servants,
employees, and independent contractors will use due care and diligence in all of its activities
and operations at the Airport and the Concessionaire hereby agrees to repay or be
responsible to Monroe County for all damages to the property of the County which may be
caused by an act or omission on the part of the Concessionaire, its agents, servants, or
employees and except to the extent that such damage to the property is covered by
insurance required to be provided by the Concessionaire under any provision hereof. or is
provided by Monroe County (except subrogation rights of the County's carrier),
Concessionaire shall pay, on behalf of the County, all sums which the County shall become
obligated to pay by reason of the liability, if any, imposed by law upon the County for
damages because of bodily injury, including damages for care and loss of service, including
death at any time resulting from bodily injury and because of injury t%r destruction of
property, including the loss or use thereof which may be caused by or result from any of the
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activities, omission, or operations of the Concessionaire, its agents, servants, or employees on
the Airport.
10. Other Develooment of Airoort - 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.
11. Terminal Area Plannina - Lessee acknowledges that Monroe County has Master
Plans including terminal area revisions. Lessee hereby agrees to cooperate to the fullest with
the County, especially in those areas of terminal improvements which may at some time cause
relocation of rental car facilities.
12. Utilities - Electricity, water and trash removal service will be assessed to Lessee at
a surcharge of $250.00 per month, which monthly fee shall be adjusted for each contract year
commencing November 15, 1995, in accordance with the percentage change in the
Consumer Price Index (CPI) for Wage Eamers and Clerical Workers in the Miami. Florida, area
index, and shall be based upon the annual average CPI computation from January 1 through
December 31 of the previous year.
13. Lessee I s Obliaations - Lessee covenants and agrees:
(a) to pay the rent and other charges herein reserved at such times
and places as the same are payable:
(b) to make no alterations, additions or improvements to the
demised premises without the prior written consent of Lessor, which consent shall
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 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 all requirements of the
constituted public authorities and with all federal, state or local statutes,
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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 assessed or imposed by any govemmental authority
upon any building or other improvements erected or installed on the demised
premises during the term of this agreement;
(f) to control the conduct, manner and appearance of its officers,
agents, and employees, and any objection from the Director of Airports
concerning the conduct, manner or appearance of such persons,
Concessionaire shall forthwith take steps necessary to remove the cause of the
objection.
14. Lessor's Insoection 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 carry out
the Master Plan of development of the Airport; provided, however. that said
work shall in no event disrupt or unduly interfere with the operations of Lessee,
and provided further, that the entire cost of such work, including but not limited
to the cost of rebuilding, removing, relocating. protecting or otherwise
modifying any fixed improvements at any time erected or installed in or upon
the demised premises by Lessor, Lessee or third parties, as a result of the exercise
by Lessor of its rights hereunder, and the repair of all damage to such fixed
improvements caused thereby, shall be borne solely by Lessor.
15. 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 property caused by Lessee's operations or
activities on such premises or elsewhere at the Airport, provided that Lessor shall give Lessee
prompt and timely notice of any claim made against Lessor which may result in a judgment
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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.
(a) Insurance - Lessee shall carry fire and extended coverage insurance, if
obtainable, on all fixed improvements erected by Lessee on the demised
premises to the full insurable value hereof. it being understood and agreed that
for purposes hereof the term "full insurable value" shall be deemed to be that
amount for which a prudent owner in like circumstances would insure similar
property, but in no event an amount in excess of Lessee's original cost of
constructing said fixed improvements.
(b) Coverage The Lessee shall procure and maintain insurance of the
types and to the limits as contained in Exhibit "0", which is hereby made a part
of this Lease.
16. Non-Discrimination - Lessee shall fumish all services authorized under this
agreement on a fair, equal and non-discriminatory basis to all persons or users thereof.
charging fair, reasonable, and non-discriminatory prices for all items and services which it is
permitted to sell or render under this agreement shall be construed as requiring the Lessee to
seek approval by Monroe County before or after Lessee establishes or alters its rental car rates.
Franchisee shall not discriminate in its employment practices against any person on the basis of
race, sex, creed, color, national origin, age or any other characteristic or aspect which is not
job related.
17. Rules and Reaulations - Lessee agrees to observe and obey, during the term of
this agreement all laws, ordinances, rules and regulations promulgated and enforced by the
County and by any other proper authority having jurisdiction over the conduct of the
operations at the Airport. Within thirty (30) days from the date of this contract the County shall
provide Lessee a written list of all rules and regulations which it has promulgated up until that
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time and which will effect the Lessee's operations hereunder. In the event new rules and
regulations are contemplated, written notice of same shall be furnished to Lessee, and Lessee
will be given thirty (30) days to comply. In the event that Lessee should determine that any
contemplated rule or regulation unreasonably hinders him in his operation under this
agreement. the Lessee shall so notify the County, and the parties hereto agree that any
problem arising incidental thereto will, as much as possible, be worked out between the parties
without the necessity to resort to further legal remedies.
18. FurnishinCl 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 the accomplishment of such purposes.
19. 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 1946, as amended, or any future
act affecting the operation or maintenance of the Airport, provided, however, that Lessor shall,
to the extent permitted by law, use its best efforts to cause any such agreement to include
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.
20. 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
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(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.
21. Cancellation bv 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 (30) 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
govemment, 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 govemment, 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
govemmental authority, board, agency or officer having
jurisdiction, a receiver, trustee or liquidator shall take possession or
control of all or substantially all of the property of Lessee for the
benefit of creditors, provided, that if such order or decree be
stayed or vacated within sixty (60) days after the entry thereof or
during such longer period in which Lessee diligently and in good
faith contests the same, any notice of cancellation shall be and
will become null, void and of no effect;
(d) if Lessee fails to pay the rental charges or other money
payments required by this instrument and such failure shall not be
remedied within thirty (30) days following receipt by Lessee of
written demand from Lessor to do so;
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(e) if Lessee defaults in fulfilling any of the terms. covenants. or
conditions required of it hereunder and fails to remedy said
default within thirty (30) days following receipt by Lessee of written
demand from Lessor 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 Lessee of written demand from Lessor to do
so, then. if Lessee shall have failed to commence the remedying
of such default within thirty (30) days following such written
notice, or having so commenced. shall fail thereafter to continue
with diligence the curing thereof;
(f) if the Lessee shall desert or abandon the premises for
seven 171 consecutive calendar davs;
(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 fail to pay any validlv imoosed tax;
assessments; utility rent. rate or charge; or other govemmental
imposition; or any other charge or lien against the premises
leased hereunder within any grace period allowed by law, or by
the govemmental authority imposing the same, during which
payment is permitted without penalty or interest; in complying
with this subparagraph the Lessee does not waive his right to
protest such tax, assessment. rent. rate or charge; or
(i) if the Lessee fails to provide service as required by
specifications for five days during any thirty day period, unless
such failure is caused by an act of God. national emergency or a
labor strike of which the Lessee has given the County immediate
notice. the concession may be canceled within thirty (30) days of
the giving of notice by the County and the Lessee shall not be
permitted to cure such default.
22. Additional Remedies - In the event of a breach or a threatened breach by
Lessee of any of the agreements, terms. covenants and conditions hereof, the County shall
have the right of injunction to restrain said breach and to invoke any remedy allowed by law
or equity, as if specific remedies, indemnity or reimbursement were not herein provided. The
rights and remedies given to Monroe County are distinct, separate and cumulative, and no
one of them, whether or not exercised by the County, shall be deemed to be in exclusion of
any of the others herein or by law or in equity provided. No receipt of monies by Monroe
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County from Lessee after the cancellation or termination hereof shall reinstate. continue or
extend the term. or affect any notice previously given to Lessee, or operate as a waiver of the
right of the County to enforce the payment of rentals and other charges then due or thereafter
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 after 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 all costs and 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.
23. Cancellation by Lessee - Lessee shall have the right upon written notice to
Lessor. to cancel this agreement in its entirety upon or after the happening of one or more of
the following events. if said event or events is then continuing:
(a) the issuance by any court of apparent competent
jurisdiction of an injunction, order, or decree preventing or
restraining the use by Lessee of all or any substantial part of the
demised premises or preventing or restraining the use of the
Airport for usual airport purposes in its entirety, or the use of any
part thereof which may be used by Lessee and which is
necessary for Lessee's operations on the Airport. which remains in
force unvacated or unstayed 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 such default within a period of
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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 (30) days, then Lessee
shall have the right to cancel if Lessor shall have failed to
commence to remedy such default within said thirty (30) days
following receipt of such written demand, or having 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 the same manner and to the same extent as
theretofore conducted, for a period of at least ninety (90) days,
because of (i) any law, (ii) any rule, order, judgment. decree,
regulation, or other action or non-action of any Govemmental
authority, board, agency or officer having jurisdiction thereof;
(d) if the fixed improvements placed upon the demised
premises are totally destroyed or so extensively damaged that it
would be impracticable or uneconomical to restore the same to
their previous condition as to which Lessee is the sole judge. In
any such case, the proceeds of insurance, if any, payable by
reason of such loss shall be apportioned between Lessor and
Lessee, Lessor receiving the same proportion of such proceeds as
the then expired portion of the lease term bears to the full term
hereby granted, and Lessee receiving the balance thereof. If the
damage results from an insurable cause and is only partial and
such that the said fixed improvements can be restored to their
prior condition within a reasonable time, then Lessee shall restore
the same with reasonable promptness, and shall be entitled to
receive and apply the proceeds of any insurance covering such
loss to said restoration, in which event this agreement shall not be
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 Government. or any state or
local government occupies the Airport or a substantial part
thereof. or in the event of military mobilization or public
emergency wherein there is a curtailment. either by executive
decree or legislative action, of normal civilian traffic at the Airport
or the use of motor vehicles or airplanes by the general public, or
a limitation of the supply of automobiles or of automobile fuel,
supplies, or parts for general public use, and any of said events
results in 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;
If) in the event that at any time prior to or during the term of
this agreement. Lessee 1 s presently existing right to operate an
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automobile rental concession at the Airport is withdrawn,
canceled, terminated, or not renewed by Lessor;
(g) the taking of the whole or any part of the demised
premises by the exercise of any right of 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 the
local area no longer operates 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) road miles in distance from its present
location.
24. Lessee's Reserved Rights - Nothing contained in this Agreement 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 government. or any department or agency thereof. or
against any interstate body, commission or authority, or other public or private body exercising
governmental 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 all or a material part of the Airport with adverse effects upon
Lessee's use and enjoyment of the demised premises for the purposes hereinabove set forth:
and Lessor hereby agrees to cooperate with Lessee in maintenance of any just claim of said
nature, and to refrain from hindering, opposing, or obstructing the maintenance thereby by
Lessee.
25. Assianment and Sublettina - It is expressly agreed and understood 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 Car Systems, Inc., duly appointed thereto by Budget Rent A
Car Systems, Inc., and that any and all 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 shall continue to
14
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.
26. Other Use - Lessee shall not use or permit the use of the demised premises or any
part thereof for any purpose or use other than an authorized by this agreement.
27. Liens - Lessee shall cause to be removed any and all liens 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 furnishing of any materials for use at said premises, by or at the
direction of Lessee.
28. Time - In computing Lessee's term within which to commence construction of
any fixed improvements or to cure any default as 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 governmental
department board, or commission having jurisdiction, or other causes beyond Lessee's control.
29. The County hereby agrees not to enter into any automobile rental concession
agreement with any person, partnership, or corporation other than the Concessionaire unless
the same shall be upon terms no more favorable than those herein granted to the
Concessionaire, and shall require automobile rental services substantially equivalent to those
available from automobile rental concessionaires upon airports of comparable size throughout
the United States. Nothing herein contained shall limited the County from making such
reasonable distinctions between the automobile rental concessionaires with respect to the
assignment or allocation of rental counter space and parking areas as may appear to it to be
justified by the differing operational requirements of the respective rental car concessionaires
15
by reason of the differing amounts of Airport automobile rental business done by each of the
respective concessionaires.
30. Paraaraoh Headinas - Paragraph headings herein are intended only to assist in
reading identification and are not in limitation or enlargement 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 and registration fees prepaid, addressed to the party for whom intended, at
the following addresses:
For Lessor:
Monroe County Board of County Commissioners
P. O. Box 1680
Key West Florida 33040
For Lessee:
Budget Rent A Car Systems, Inc.
4225 Naperville Road
Lisle, Illinois 60532
or to such other address as the party being given such notice shall from time to time designate
to the other by notice given in accordance herewith.
IN WITNESS WHEREOF, the parties have caused these presents to be executed by their
respective officer or representative thereunto duly authorized, the day and year first above
written.
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
B Oc.J d (J -C. ~. ..... .
y -. ~
Deputy Clerk
BycS'L.4;j~-;;;'u. w a~
Mayor Irman
BUDGET RENT A CAR SYSTEMS, J:Nc .
~ Witness
@~~ ~,-/
Witness
APPROVED AS TO FC'r' .
AND .lEGAl. SU , .
BY~ e' ~
Title: J I C ~ fJ ReS Id.~ .; r
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Insurance
Exhibit D
^priI22. 1'),),1
b.I'rinling
. /
MONROE COUNTY~ FLORIDA
INSURANCE GUIDE
. TO
CONTRAC::T ADMINISTRATION
.
Gencrallnsurance Requircments
for
Airporfl Aircraft Activities
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material). the Vendor shall obtain. nt his/her own expense. insurance 8S specified in
, ,the attached schedules, which are made part of this contract. l11e V cndor 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 tenn of this contract and
any extensions specified in any attached schedulcs. Failure to comply with this provision may
result in the immediate suspension of all activities conducted by the Vendor and itsContractors
until the required insurance has been reinstated or replaced.
The Vendor 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 cancel/atio'n., 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 andlor 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. - -9
\ .
The Monroe County Board of County Commissioners. its employees and officials will be included '
as" Additional Insured" on aJl policies, except for Workers' Compensation.
Any deviations from these General I nsurance Requirements mllst be requested in writing on the
County prepared form entitled "Requcst for Wnivcr of Insurnnce Rcquirements" and approved
by Monroe County Risk Management.
-'
J\dminislBIi.'c JI1IStn-.1ion
114709.1
:11
^(ll'iI22. I')').'
151 l'ril1til'l~
r
GENERAL LIABIJ.,ITY
INSURANCE REQUlltEMENTS
, FOlt
...
.....
CONTRACT
UETIVEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by thi's contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughoullhe life of the contract and
includc, 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:
'-
SI,OOO,OOO 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 100,00Q Property Damage
An Occurrcnce Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum oflwelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall bc named as Additional Insured on all
policie., issued to satisfy the above requirements.
~
,
. -
s
-::0
...
....,
^dmini!dralivc Imu\lction
114709.1
GLJ
56
~
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'-
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^pnl 22. I'J'J]
Isll'rinling
. VEHICLE LIABILITY
INSURANCE REQUlltEMENTS
FOR
...
CONTRACf
IJETIVEEN
MONROE COUNTY, FLORII)A
AND
Recogni7jng that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work. shall obtain Vehicle Liability Insurance. Covemge shaH be
maintained throughout the life of the contract and include, as ~ minimum. liability coverage for.
· Owned. Non-Owned, and Hired .Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
I(split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000.000 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. . .
\ '
,;:)
-.
Administrative 'noItIuL1in11
1410').1
VL3
77
"pulll. 1')').1
1101 I 'rinl inn
. -
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
.
~
CONTRACT.
8ElWEEN
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, tbe Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$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
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or compaiues authorized to transact business in the
state of Florida and the company or companies must maintain.a minimum rating of A-VI, as
assigned by the A.M. Best Company. .
Irthe Contractor has been approved by the Florida's Department of Labor, as an authori7.ed self-
insurer, the County shall recognize and honor the Contractors status. TIle Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance. provi~ing details on the Contractors Excess Insurance Program.
Ifthe Contractor participates in a self-insurance fund, a Certificate ofJnsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
.-r
,
4 .
. .
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'-
Adminillnllivc JlRructioa
'''709.1
we3
83
At...lllt.C
DATI (MMlDDIVY)
11/29/95
THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION
ONLY AND CONFERS NO RIOHTS UPON THE CERTIFICATE
~~~~:~HIHb~~i:I:~C:~'oRg~g ~~~.tEM~~~lc~EVi~~oo:.
I COMPANIES AFFORDING COVERAGE
I--~-."-.'-----------'-- ...-,.----,-'--------.,-. '----'-1
i COMPANY
_._________ ___~ ~_ _+__~ __ _._ContI~1 C_asualtv. _ _ __ _ _ __ _____ ,.. !
Risk Mg~~~i~~~S ~~t~_~___ _ _ ___ __ __ _ __ _ __ !
DATE /2 -Lj-tJ5- I ~
/;;; IU .
CO'4PANY
D
INITIAL
PRODUC.R
ROLUNS HUDIG HALL
ATTN: TAMMY JIMENEZ
123 NORTH WACKER DRNE
CHICAGO, IL 80801
INIURED
BUDGET RENT A CAR CORPORATION
AND SUBSIDIARIES
4221 NAPERVILLE ROAD
USLE, IL 80132
IA
I
!
COVIRAO"
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFO.RDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS'I
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
-- "1--------'-.." '-...~---'------:------- -.-r----- I -.----.------------------- -,-- .--------,-
co ' TYPE OF INSURANCE I POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION LIMITS ;
L TR ! i i DATE (MM/DDIYY) DATE (MMlDDIYY) I
OENERAL LIABILITY ! GENERAL AGGREGATE $
~--~--~_._.~.. ._._~-...~.-.-----.__._--_._----_..__._._.-
COMMERCIAL GENERAL LIABILITY . PRODUCTS.COMP/OP AGG ! $
f--------..---------i----------
CLAIMS MADE [")(] OCCUR GL 502516004 10101/95 10101/96! PERSONAL & ADV INJURy__LL______
OWNER'S & CONT PROT :-EACH O~CURR;_~C~-~ ! $ 1 MM
r-.~-~-._.--'-..~----------- .--!.----~~~.- w.
,_ ~IFlE. ~~~...G~(I\ny~~fir~..;.L __
MED EXP (Anyone person) $
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON.OWNED AUTOS
/I
; COMBINED SINGLE LIMIT : $
i - --" -- --~-
I BODILY INJURY
: (Per person)
$
I I
OARAOE LIABILITY
ANY AUTO
I
I
------~ I
QATF
I 1~~~~~~~RY_~_~~~j~~~_~_-~~.-~~~~.--~~ II
PROPERTY DAMAGE $
!
we 302515999
10101/95
AUTO ONLY. EA ACCIDENT I $
'YCtJI'Y DF- OTHER THA~~UTO ONLY~--i-----.._~---
'~~~~ _-_~~=--H.-E~~~;Q~~;i._$=_=__===_=-:
AGGREGATE i $
r~~ !~;~~i~~~U~R_~_N~-=~==-~-:====--====-~=-=-
$
STATUTORY LIMITS I
EACH ACCIDENT '$ 1 MM
-~ISE~SE . POL~~~-~~~; - -"$"1 MM -- .----. -.
r-----------'-t-----------'---- -
I DISEASE. EACH EMPLOYEE ! $ 1 MM
1 0101/96
EXCESS LIABILITY
-- i UMBRELLA FORM
. OTHER THAN UMBRELLA FORM
I WORKERB COMPENBATlON AND
A ! EMPLOYERS' LIABILITY
THE PROPRIETOR!
PARTNERs/EXECUTIVE
! OFFICERS ARE:
I OTHER
B~ Rent a Car II self-insured for
',~." " ,..... o. '-' ,'."
first $2,000,000 of automobile liability.
DESCRIPTION 0' OPERATIONIILOCATlONIIVEHICLI8IIPECIAL ITEMS
Monroe County 18 additlonallneured as respects its concession agreement with Budget Rent a Car for leased space at the Marathon airline terminal in Monroe
County, Florida. Evidence of above Insurance Is provided as required by Section B, items 1-4 of the concession agreement between Budget Rent a ear and
Monroe County.
ClmPlCATlHO&;.Dlft
ACORD 21-8 (31U)
cc:
'I~
SHOULD ANY 0' THE AIOVE DESCRIIED POLICIES BE CANCELLED BEFORE THE
EI'RATlON DATE THEREO', THE IIlIUINO COMPANY WILL ENDEAVOR TO MAIL
_ DAYS WRITTEN NOTICE TO THE CERTl'ICATE HOLDER NAMED TO THE LEI'T,
IUT 'AILUIlE TO MAIL SUCH NOTICE IHALL IMPOSE NO OILlOATlON OR L1AIILITY
0' ANY KIND UPON THE COMPANY, ITS AOENTI OR REPREBENTATlVES.
AUT~IEaE ~ .. .
.......... . ....... ..... ...~CORPORATION1H$
MONROE COUNTY BOARD OF CTY COMMISSIONERS
1100 COLLEGE ROAD
ATTN: RISK MANAGEMENT
KEY WEST FL 33040
m.,
SAFECO @
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
Bond No.
6803840
PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. Document No. A-311
KNOW ALL BY THESE PRESENTS: that BUDGET RENT A CAR SYSTEMS, I NC.
(Here insert full name end addre.. or le"al title of Contractor)
as Principal, hereinafter called Contractor, and, SAFECO INSURANCE COMPANY OF AMERICA, a Washington
(Here insert full name and addre.. or le"al title of Suretv)
Corporation of Seattle, Washington, as Surety, hereinafter called Surety, are held and firmly bound unto
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
(Here insert full name and address or le"al title of Owner)
P.O. BOX 1680, KEY WEST, FL 33040
as Obligee, hereinafter called Owner, in the amount of
TWENTY FIVE THOUSAND & 00/100---------------------
for the payment whereof Contractor and Surety bind themselves,
and assigns, jointly and severally, firmly by these presents.
Dollars ($ 25,000. 00--------- ).
their heirs, executors, administrators, successors
WHEREAS, BUDGET RENT A CAR SYSTEMS, I NC.
Contractor has by written agreement dated
19
, entered into a contract
with Owner for
IHare insert full name, addre.. and description of project)
CONCESSION AGREEMENT
FIVE (5) YEARS - EXPIRING FEBRUARY 29, 2000
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or le"al title of Architect!
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract
5-1219/EP 7/93
Page 1 of 2
@ Re"istered trademark of SAFECO Corporation.
PERFORMANCE BOND
6803840
NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be. and declared by Owner
to be in default under the Contract, the Owner having
performed Owner.s obligations thereunder. the Surety may
promptly remedy the default. or shall promptly
1) Complete the Contract in accordance with its terms and
conditions. or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions. and upon
determination by Surety of the lowest responsible bidder. or.
if the Owner elects. upon determination by the Owner and
the Surety jointly of the lowest responsible bidder. arrange
for a contract between such bidder and Owner. and make
available as Work progresses (even though there should be a
default or a succession of defaults under the contract or
Signed and sealed this
9TH
~)af?~~
/ (Wi ess)
l/v
~JYt'L4- mXYb rH.l ~ 2r
(Witness)
BY:
S-1219/EP 7/93
contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the
balance of the contract price; but not exceeding. including
other costs and damages for which the Surety may be liable
hereunder. the amount set forth in the first paragraph
hereof. The term "balance of the contract price." as used in
this paragraph. shall mean the total amount payable by
Owner to Contractor under the Contract and any
amendments thereto. less the amount properly paid by
Owner to Contractor.
Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final
payment under the Contract falls due.
No right of action shall accrue on this bond to or for the
use of any person or corporation other than the Owner
named herein or the heirs. executors. administrators or
successors of the Owner.
day of
OCTOBER
19 9T
f
(Seal)
SYSTEMS, I NC .
(Principal)
VP Administration
(Title)
SAFECO INSURANCE COMPANY OF AMERICA
(Surety) (Seal)
(Title)
ATTORNEY-iN-FACT
Page 2 of 2
m'
BAR:CO(!)
POWER
OF ATTORNEY
SAFE CO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON 08185
KNOW ALL BY THESE PRESENTS:
No. 5778
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corporation. does each hereby appoint
...THOMAS J. JOSLIN; JACQUELYN RICE; SADEATRA HOLLINOUEST; SANDRA MARTINEZ; MICHAEL DOUGHERTY;
CHRISTINE MAROTTA; LYNN J. KIDD; SHERR I D. DAVIS; JANET VELEZ; Chicago. I I I inois...............
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and s....ety bonds or undertakings and other
docunents of a similar character issued in the course of its business. and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this
10th
day of
July
19 95 .
ACKNOWLEDGMENT BY SURETY
State of
Illinois
C':nnk
9th
On the day of
d h h 'd ' n r.nnlc C':nllnt-y J TT.
to me known, who, being by me duly sworn, did depose an say: t at e ress:~ec~ Insurance Company
Attorney-in-fact of
October
}"95
19_. before me personally came
Jacquelyn Rice
County of
I
of America
\
that he is the
"OFFICIAL SEAL H
Slldeetra HoIlinquest
Notary Public, State of Illinois
My Commission Expires 4/21/97
11039
-,^.~."..
I, R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and
of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By-Laws. the Resolution and the Power of
Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set"", hand and affixed the facsimile seal of said corporation
this 9th day of October
19~.
S-0741EP 1/03
Ci) Registered traclemark Of SAFECO Corporation.