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4th Amendment 02/18/2004 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 25, 2004 TO: Peter Horton, Manager Monroe County Airports ATTN: FROM: Bevette Moore Airport Business Administrator Pamela G. Hanc~ Deputy Clerk At the February 18, 2004, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Amendment to Rental Car Concession Agreement between Monroe County and DTG Operations, Inc., flk/a Dollar Rent A Car Systems, Inc., and approval to rescind Amendment to Rental Car Concession Agreement (approved January 21, 2004) due to a scriveners error. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator wlo document County Attorney Finance File / AMENDMENT TO RENTAL CAR CONCESSION AGREEMENT THIS AMENDMENT AGREEMENT is entered into on this 18th day of February , 2004 by and between Monroe County, a political subdivision of the State of Florida (County) and DTG Operations, Inc., f/k/a Dollar Rent A Car Systems, Inc., (DTG) WHEREAS, the County is the owner of Key West International Airport (KWIA); WHEREAS, DTG is, and has been, a tenant at KWIA since 1987 providing the traveling publiC with rental vehicles; WHEREAS, DTG desires to have its wholly owned subsidiary, Thrifty Rent A Car, establish a counter at KWIA terminal building together with ready car parking spaces at the KWIA parking lot; WHEREAS, the County is willing to lease DTG the counter space and parking spaces; now, therefore In consideration of the mutual covenants and promises set forth below, the County and DTG agree as follows: 1. The concession agreement between the parties dated July 7, 1987, as amended on January 3, 1989, September 24, 2000, and July 15, 2003, hereafter original concession agreement, is attached to this amendment agreement as Exhibit A and made a part of it. 2. Paragraph 3(a) of the original concession agreement is hereby amended by the addition of the following: The County leases an additional area of 100 square feet adjacent to DTG's existing counter for use as a Thrifty Rent A Car counter (the Thrifty premises). The Thrifty premises are depicted on Exhibit B which is attached to and made a part of this amendment agreement. The rent for the Thrifty premises is $38.47 per square foot per year, plus sales tax payable by DTG, or $320.58 per month, plus sales tax, payable monthly in advance on the first of each month. The Thrifty premises rent will increase annually by a percentage equal to the percentage increase in the CPI for urban consumers for the preceding calendar year. In the event of a deflationary CPI, no adjustment in the rental rates will be made. DTG is responsible for all construction costs needed to establish the Thrifty counter including telephone removal and the relocation of the Orion Bank ATM. DTG must pay the County a concession fee of 10% of all gross Thrifty sales, payable by the 30th of each month for the gross sales of the preceding month. DTG also agrees to pay the County $2500 per month, payable in advance by the first of each month, to be used by the County solely for capital improvements to the existing KWIA terminal building or a new terminal building if the County's Board of County Commissioners elects to construct a new terminal building. The County must provide DTG with 30 additional ready car parking spaces for Thrifty rental cars in the KWIA parking lot. This amendment agreement will terminate on June 30, 2014. 3. Except as set forth in this amendment, all other terms and conditions of the original concession agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and y~ar first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK B~ Deputy Clerk (SEAL) Attes~ ~~Ie . .f. JairDTGThrifty {~;~ry BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~(~ By //(A ayor/Chalrman DTG OPERATIONS, INC. By Title I"..) '1 % c::;:) 0 c::;:) 0 J:- I Z 'JJo 3: rT1 ::0("')7 :.- C 0,2 -< "":;:II: -'" N ..." ("'). r- 0 0("')' en :;0 c: :o~.. z. c;:; z;. :;0 -in' :z rT1 ;<:-f:I: '"'11 > '9 ("') r- C> 0 ~ ,." .z:- ~ 0