1st Amendment 04/19/2023 FIRST AMENDMENT TO ON-AIRPORT RENTAL CAR CONCESSION AGREEMENT
THE HERTZ CORPORATION
MONROE COUNTY
THIS FIRST AMENDMENT, hereinafter "I" Amendment" is made and entered into this 19th
day of April, 2023 by and between MONROE COUNTY, a political subdivision of the State of Florida,
whose address in 1100 Simonton Street, Key West, Florida 33040, (hereinafter "County" or "Lessor")
and The Hertz Corporation, a corporation organized under the laws of the State of Delaware, whose
address is 8501 Williams Road, Estero, Florida 33928, hereinafter("Concessionaire" or"Lessee").
WHEREAS, on the 18th day of January 2023, Lessor and Lessee entered into an On-Airport
Rental Car Concession Agreement(hereinafter"Original Agreement") granting Lessee a non-exclusive
right to operate an automobile rental concession at and from the Key West International Airport at
Key West, Florida hereinafter"Airport";and
WHEREAS, Lessor and Concessionaire have agreed to a re-alignment of the rental car ready
spaces and desire to amend the original agreement by replacing Exhibit B attached to the Original
Agreement with Exhibit B (April 2023) which depicts the updated layout of the rental car ready spaces
in the parking lot as hereinafter more specifically provided.
NOW, THEREFORE, in consideration of the premises and of mutual covenants and
promises hereinafter containedthe parties hereto hereby agree as follows:
Section 1. Article 1 Premises of the Original Agreement is hereby amended to read as follows:
1. Premises - Lessor hereby leases to Concessionaire for its use rental car counter space and office
4102 located in the passenger arrivals area at the Airport, containing 220 square feet, said space being
designated " Rental Car Counter," as shown on Exhibit A, attached hereto and made a part hereof, and
34 rental car ready spaces in the parking lot in the area designated on Exhibit B (April 2023) as "Rental
Car Ready Area"..
(a) Ready/Return Space Reallocation - At the end of every second Agreement Year, Concessionaire
may request the Lessor to reallocate the Ready/Return Spaces if the Market Share of Concessionaire or
any other Concessionaire has changed by more than five percentage points (5%) compared to its Market
Share for the previous Agreement Year. Should the Lessor determine, in its sole discretion,to reallocate
the Ready/Return Spaces it will do so in accordance with the following formula: (i) the total number of
Ready/Return Spaces available for all Concessionaires,multiplied by(ii)Concessionaire's Market Share
for the previous Agreement Year, rounded down to the nearest whole number. In the event Lessor
approves such reallocation, each Concessionaire shall pay its own costs and expenses associated with
such reallocation. Market Share shall mean the percentage of Concessionaire's Gross Revenues during
any Agreement Year, as reported by Concessionaire to the Lessor, as compared to the total Gross
Revenues of all Concessionaires for that same period.
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