Resolution 277-1986
Art Skelly
Director of Airports
RESOLUTION NO. 277 -1986
A RESOLUTION AUTHORIZING THE MAYOR AND
CHAIRMAN OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY TO APPROVE AND
EXECUTE A RENTAL CAR CONCESSION AGREEMENT AND
AN ADDENDUM TO AGREEMENT BY AND BETWEEN
MONROE COUNTY AND AVIS RENT A CAR SYSTEM,
INC., FOR THE MARATHON AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
approve and execute a Rental Car Concession Agreement and
Addendum to Agreement by and between Monroe County and Avis Rent
a Car System, Inc., a copy of same being attached hereto, for the
Marathon Airport.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of September, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. A ~
By ~~~~'v.-.;;-_ ...~
ayor a~rman /
(Seal)
DANNY 1.. KOLHAGE, Clerk
Attest:
J2Lf~~lJ./
~O~ AS TO FORM
A LE:4L S~FFICfENCY,
.~,!~
I" Attorney's Office
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RENTAL CAR CONCESSION
AGREEMENT
THI8~.:l'\GREEME~T, made and entered into this 6-tJt . day of
-_ ~~ e.o. t-e.~e.. r' , 1 98 , by and be tween Monroe County, a
municiphl corporation organized and existing under the laws of
Florida (hereinafter called "Lessor"), and Avis Rent A Car
System, Inc. , qualified to do bus-
iness in the State of Florida (hereinafter called "Lessee");
WHEREAS, Lessor desires to grant to Lessee a non-exclusive right
to operate an automobile rental concession at and from
Marathon Airport at Marathon ,Florida
(hereinafter call the "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 accomodate
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 speci-
fically 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 the rental car counter located in the airline
terminal Marathon Airport, Monroe County, Florida, said counter
containing l25 square feet, and being depignated
" Auto Rental Office " as shown on Exhibit A attached
hereto and made a ~art hereof; and in addition thereto, hereby
provides l3,566 sq.ft (1pEt~tal car ready spaces as reflected by the
attached Exhibit B in area designated "Rental Car Ready Area".
2. Term - This Agreement is for a term of five years,
commencing May 1, 1985. .
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: Counter space rental will be paid
for at the following rates:
Key West International Airport - $11.12/sq.ft./annum
Marathon Airport
- $ 9.38/sq.ft./annum
Counter rental space includes that space physically en-
closed by the counter, side partitions and backwall. These
rates, which are currently equal to the airline rental rate
for publicly exposed space, will be adjusted biennially.
This rate includes the operating and maintenance expense
directly related to the airline terminal cost center plus
allocated administrative costs plus return on investment.
In 1984 airline terminal operating, maintenance and allo-
cated administrative costs accounted for $7.09 of the
$11.12 rate at Key West and $4.88 of the $9.38 rate at
Marathon. The biennial adjustment will equal the actual
percentage increase, not to exceed 10%, in the operating,
maintenance and administrative components of the floor
rental rate.
(b). Concession Fee - Guaranteed minimum annual con-
cession fee for each contract year of the five (5) year
term of this concession agreement shall be in the following
amounts:
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For the First year of said term: $11,496.00
For the Second " " " " $11,748.00
For the Third " " " " $12,000.00
For the Fourth " " " " $l2,252.00
For the Fifth " " " " $12,504.00
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 thou-
sand dollars) shall be provided the Board of County Cormnission-
ers and shall be held in escrow as security to ensure confor-
mance 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 air-
port, regardless of where the payment is made or where the ve-
hicle is returned. The concessionaire for the purpose of its
concession rentals shall report all income, both cash and cred-
it, in its monthly gross receipts statements.
5. Accounting Procedures - The concessionaire shall keep
records of all sales and revenues, whether for cash or credit,
whether collected or not from it operations in a manner
generally accepted as standard to the automobile rental industry
located on airports. Lessee agrees to operate its business upon
the airports so that a duplicate rental agreement invoice, ser-
ially 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 ac-
counts and other records in Monroe County, Florida. Knowingly
furnishing the County a false statement of its gross sales under
the provisions hereof will constitute a default by concession-
aire of this agreement and the County, may at its option, de-
clare this contract terminated.
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 period of thirty (30)
consecutive days shall be less than sixty percent (60%) of the
number of such deplaning passengers in the same period in the
preceeding calendar year, or in the event that (2) in the opin-
ion of the Board of County Commissioners, the operation of les-
see's car rental business at the airports is affected 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 disruption results in the material di-
,"0." .
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minution in lessee's gross receipts hereunder for a period of at
least thirty (30) days, and said shortage or other disruption 1S
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 airport ten (10%) of gross receipts from the operations
hereunder as hereinbefore defined.
7. Rental Reimbursement - In consideration for the con-
cessionaire paying for the construction of the rental car coun-
ter shell and the paving of the rental car ready area at Key
West, which the County acknowledges is its responsibility, the
monthly rental due the County as per this agreement will be used
to offset the amount paid by the concessionaire to independent
contractors for work actually performed on the counter shell at
Key West including materials furished or labor performed in
connection therew~th. The County will contract for the paving of
the rental car ready area. Minimum annual guarantee, percentage
fee and square footage rental rate will be fully abated until
the concessionaire's prepayment of the construction cost of the
ready car area paving and counter shell are recovered. The con-
cessionaire shall cause the keeping of records that will clearly
distinguish between cost associated with the construction of the
counter shell and leasehold improvements. The cost of construc-
tion will be shared by all concessionaires equally.
8. Investment by 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 concession-
aire and may be removed upon termination of the agreement, pro-
vided all its accounts payable to the County are paid at that
time, or in the event the County does not purchase same.
9. 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 operations 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 (10) days after Lessee receives a
written demand for such removal shall be deemed abandoned
and thereupon shall be the sole property of 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 covering, pther than carpeting, that is af-
fixed to floors; sanitary disposal lines and sinks, lavatories,
commodes, and garbage disposal units; all heating, air treatment
or ventilating distribution systems, including pipes, ducts,
vent-hoods, air handling units and hot water generators; and all
refrigerator rooms or vaults and refrigerated waste rooms in-
cluding refrigeration or ventilating equipment included with
same.
Any furniture, fixtures, equipment, carpeting and draperies not
classified as leasehold improvements above shall be the personal
property of the concessionaire.
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10. Damage and Injury - Lessee covenants, that it and all
of its agents, servants, employees, and independent con-
tractors, will use due care and diligence in all of its activi-
ties and operations at the airport(s) 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 provisions 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 re-
sultinng from bodily injury and because of injury t%r de-
struction of property, including the loss or use thereof which
may be caused by or result from any of the activities, omis-
sions, or operations of the concessionaire, its agents, ser-
vants, or employees on the airports.
11. Other Development of Airport - Monroe County reserves
the right to further develop or improve the landing area of the
airports as it sees fit, regardless of the desires or views of
the concessionaire, and without interference or hinderance,
provided; however, that in no event can the County deprive the
concessionaire of reasonable and direct routes of ingress and
egress to the premises.
12. Terminal Area Planning - Lessee acknowledges that
Monroe County has Master Plans including terminal area revi-
sions. 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. The
County will provide space for rental car facilities in any new
terminal area. Costs for relocation will be borne by the County.
13. Utilities - Electricity and water will be supplied to
the leasehold area by the Lessor. A monthly fee will be charged
for the use of a trash dumpster which will be shared by all
airline terminal tenants.
14. Lessee's Obligations - Lessee convenants and agrees:
(a) to pay the rent and other charges herein reserved
at such times and places as the same are payable;
(b) to pay all charges for the trash dumpster assessed
to him.;
(c) to make no alterations, additions, or improvements
to the demised premises without the prior written consent of
Lessor, which consent shall not be unreasonable withheld;
(d) 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 negli-
gence, riot and civil commotion, excepted;
(e) to observe and comply with any and all require-
ments of the constituted public authorities and with all feder-
al, state, or local statutes, ordinances, regulations, and
standards applicable to Lessee or its use of the demised pre-
nlises, 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;
(f) to pay all taxes assessed or imposed by any gov-
ernmental authority upon any building or other improvements
erected or installed on the demised premises during the term of
this Agreement;
(g) to 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
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understo(,,~ ~ud agreed that for purposes hereof ~"_ :::erm "full
insurable value" shall be deemed to be that amount for which a
prudent owner in like circumstances would insure similar pro-
perty, but in no event an amount in excess of Lessee's original
cost of constructing said fixed improvements; and,
(h) 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 appear-
ance of such persons, concessionaire shall forthwith take steps
necessary to remove the cause of the objection.
15. Lessor's Inspection and Maintenanc~ - Lessor and its
authorized officers, employees, agents, contractors, sub-con-
tractors 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 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.
16. 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 judgement against Lessor because of such injury or
damage and promptly deliver to Lesse~ 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.
17. Liability Insurance - The Lessee agrees to indemnity
and hold the County of Monroe free and harmless from any and all
claims, suits, loss or damage, or injury to persons or property
of whatsoever kind and nature in its operation, construction,
and maintenance of this concession or in the exclusively
occupied area of the concessionaire.
A. GENERAL
The Lessee shall procure and maintain insurance of the
types and to the limits specified in paragraphs (1) through
(4) inclusive below.
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The Lessee shall require each of his subcontractors to
procure and maintain, until completion of that subcontrac-
tor's work, insurance of types and to the limits specified
in paragraphs (1) through (4) inclusive below. It shall be
the responsibility of the concessionaire to ensure that all
his subcontractors comply with all of the insurance re-
quirements contained herein relating to such subcontrac-
tors.
B. COVERAGE
Except as otherwise stated, the amounts and types of in-
surance shall conform to the following minimum require-
ments:
(l) Workmen's Compensation - Coverage to apply for all
employees for Statutory Limits in compliance with the
applicable state and federal laws. In addition, the
policy must include Employers' Liability with a limit
of $100,000 each accident.
(2) Comprehensive General Liability - Coverage must
include:
a. Minimum limits of $100,000 per person and
$300,000 per occurence for Bodily Injury
Liability and $25,000 for Property Damage
Liability.
b. Premises and/or Operations.
c. Independent Contractors.
d. Products and/or Completed Operations.
e. Additional Insured - Monroe County is to
specifically be included as an additional insured
(including products).
(3) Business Auto Policy - Coverage must
include:
a. Minimum Limits of $100,000 per person and
$300,000 per occurrence for Bodily Injury
Liability and $25,000 for Property Damage
Liability.
b. Owned Vehicles.
c. Hired and Non-Owned Vehicles.
d. Employer Non-Ownership.
(4) Certificate of Insurance - Certificates of all
insurance required from the Lessee shall be filed with
the County and be subject to its approval for adequacy
and protection. Certificates from the insurance car-
rier, stating the types of coverage provided, limits
of liability, and expiration dates, shall be filed
with the County before operations are commenced. The
required certificates of insurance shall not only name
the types of policies provided, but shall also refer
specifically to this contract and section and the
above paragraphs in accordance with which such insur-
ance is being furnished, and shall state that such
insurance is as required by such paragraphs of this
contract.
If the initial insurance expires prior to the completion of
the contract, renewal certificates shall be furnished
thirty (30) days prior to the date of expiration.
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18. m.w Oiscrimina tion - Lessee shell 1 (una;::,,, all services
authorized-under--fhls--agreement on a fair, equal, and non-dis-
criminatory 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 the
provisions hereof. Provided, however, that nothing contained in
this paragraph or in any other paragraph of 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.
19. Rules and Regulations - Lessee agrees to observe and
obey, during the term of the contract, all laws, ordinances,
rules and regulationss promulgated and enforced .by the County
and by any other proper authoriity having jurisdiction over the
conduct of the operations at the airports. Within thirty (30)
days from the date of thie contract, the County shall provide
the Lessee a written list of all rules and regulations which it
has promulgated up until that time and which will effect the
Lessee's operations hereunder. In the event new rules and regu-
lations are contemplated, written notice of same shall be fur-
nished to Lessee, and Lessee will be given thirty (30) days to
comply. In the event that Lessee should determine that any con-
templated rule or regulation unreasonably hinders him in his
operation under this lease, the Lessee shall so notify the Coun-
,ty, and the parties hereto agree that any problems arising in-
cident thereto will, as much as possible, be worked out between
the parties without the necessity to resort to further legal
remedies.
20. Furnishing 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 de-
fined and set forth, and will make all such facilities and ser-
vices available to the public and that he will devote his best
efforts for the accomplishments of such purposes.
21. United States' Requirements - This Lease shall be sub-
ject 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, the execution of
which has been or may be required by the provisions of the Fe-
deral Airport Act of 1946, as amended, or any future act af-
fecting 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 provi-
sions protecting and preserving the rights of Lessee in and to
the demised premises and improvements thereon, and to compensa-
tion 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.
22. 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,
(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 Lessee of its obligations herein.
23. Cancel~ation by Lessor - If any of the following events
occur, the Lessee shall be deemed to be in default of its obli-
gations under the agreement, in which case Monroe County shall
give the Lessee notice in writing to cure such default
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within L.~_ -1 days, or the concession will be L_, __ 'atically
cancelled at the end of that time and such cancellation will be
without forfeiture, waiver, or release of the County's rights to
any sum 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 reorganiza-
tion or the readjustment of its indebtedness under the
Federal Bankruptcy Laws or any other similar law or statute
of the united States or any state, or government, or con-
sent to the appointment of a receiver, trustee, or liquid-
ator of all or substantially all of the property of Lessee;
(b) if by order or decree of a court of competent juris-
diction 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 or 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 government, provid-
ed, that if any 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
of governmental 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
contest the same, any notice.of cancellation shall be and
become null, void and 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 so to do;
(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 so to do,
or if, by reason of the nature of such default the same
cannot be remedied within thirty (30) days following re-
ceipt by Lessee of written demand from Lessor so to do,
then, if Lessee shall have failed to commence the remedying
of such default within said thirty (30) days following such
written notice, or having so commenced, shall fail there-
after to continue with diligence the curing thereof.
(f) If the Lessee shall desert or abandon the premises for
seven (7) consecutive calendar days; or
(g) If the concession or the estate of ~he Lessee here-
under shall be transferred, subleased, or assigned in any
manner except in the manner as herein permitted; or
(h) If the Lessee shall fail to pay any validly imposed
taxi assessments; utility rent, rate, or charge; or other
governmental imposition; or any other charge or lien
against the premises leased hereunder within any grace
period allowed by law, or by the governmental authority
imposing the same, during which payment is permitted with-
out penalty or irrterest; in complying with this subpara-
graph the Lessee does not waive his right to protest such
tax, assessment, rent, rate or charge; or
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(i) If the Lessee fails to provide service as required by
the specifications on five days during any thirty day per-
iod, unless such failure is caused by an act of God, na-
tional emergency or a labor strike of which the Lessee has
given the County immediate notice, the concession may be
cancelled within thirty days of the giving of notice by the
County and the Lessee shall not be permitted to cure such
default.
24. 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 the same and the right to invoke
any remedy allowed by law or inequity, 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 ex-
ercised 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 County from Lessee after the
cancellation or termination hereof shall reinstate, continue or
extend the term, or affect any notice previously given to Les-
see, or operate as a waiver of the right of the County to en-
force 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 commence-
ment 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, in-
cluding but not limited to all costs and attorrley's fees incur-
red in collecting, trial,banktuptcy or reorganization proceed-'
ings or appeal of any matter hereunder and all cost, charges and
expenses incurred herein.
25. 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 fol-
lowing 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 thirty (30) days following receipt of
written demand from Lessee so to do, 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 fol-
9
low. E'ceipt of such wLi t tell dcma neI, or \g so com-
menced, 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 Governmental 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 insur-
ance, if any, payable by reason of such loss shall be ap-
portioned between Lessor and Lessee, Lessor receiving the
same proportion of such proceeds as the then expired por-
tion 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 cancelled 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 por-
tion 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 occu-
pies 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 leg-
islative 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
automotive 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;
(f) in the event that at any time prior to or during the
term of this agreement, Lessee's presently existing right
to operate an automobile rental concession at the Airport
is withdrawn, cancelled, terminated, or not renewed by
Lessor;
(g) the tdking 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 distant from its
present location.
26. Lessee's Reserved Rights - Nothing contained in this
Agreement shall limit or restrict an any way such lawful rights
10
as Lessee.., 1"'-<.1 have now or in the future to main 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 other-
wise, of all or a substantial part of the demised premises, in-
cluding fixed improvements thereon, or of all or a material part
of the Airport with adverse effects upon Lessee's use and en-
joyment of the demised premises for the purposes hereinabove set
forth; and Lessor hereby agrees to cooperate with Lessee in the
maintenance of any just claim of said nature, and to refrain
from hindering, opposing, or obstructing the maintenance thereby
by Lessee.
27. Assignment and Subletting - It is expressly agreed and
understood that any and all obligations of Lessee hereunder
maybe fulfilled or discharged either by Lessee or by a Licensee
member of the Avis Company duly appointed thereto by
Avis Rent A Car ~stem, Inc. , and that any and all privileges
of every kind granted Lessee hereunder extends to any Licensee
appointed; provided, however, that notwithstanding the method of
operation employed by Lessee hereunder Lessee always shall con-
tinue to remain directly liable to Lessor for the performance of
all terms and conditions of this Lease. Except as 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.
28. 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 as authorized by this Agreement.
29. Liens - Lessee shall cause to be removed any and all
liens of any nature arising out of or because of any construc-
tion performed by Lessee or any of its contractors or sub-con-
tractors 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 direc-
tion of Lessee.
30. Time - In computing Lessee's time 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 en-
emy, or by order or direction or other interference by any mun-
icipal, State, Federal or other Governmental department, board
of commission having jurisdiction, or other causes beyond Les-
see's control.
31. Paragraph Headings - Paragraph headings herein are
intended only to assist in ready identification and are not in
limitation or enlargement of the content of any paragraph.
32. Notices - Any notice or other communication from
either party to the other pursuant to this Agreement is suffi-
ciently 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 address:
For Lessor: Monroe County Board of County Commissioners
P.O. Box 1680
Key West, Florida 33040
For Lessee:
Avis Rent A Car System, Inc.
900 Old Country Road
Garden City, New York ll530
11
or to sue ler address as the party being giv( ch 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 autorized, the day and year first above written.
Monroe County
By:
Attest:
AVIS RENT A CAR SYSTEM, INC.
By, !f::~~
Senior Vice President &
General Manager
Attest:
12
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Unire" ""'+M Fire Insurance Company
York Corporation
Home Office: New York, N, Y.
International In<lIranee Company
An Illinois In
Home Office: Lhlcago, Illinois
Westchester Fire Insurance Company The North River Insurance Company
A New York Corporation A New Jersey Corporation
Home Office: New York, N, y, Home Office: Township of Morris, N. J,
CRUM,\:FORSTER INSURANCE COMPANIES
THE POLICY MAKERS
ADMINISTRATIVE OFFICES: Madison Avenue at Canfield Road, Morristown, New Jersey
ALL-PURPOSE SURETY CHANGE RIDER
Rider to be attached to and form a part of Bond Number
117800-129
on behalf of
Avis Rent A Car System. Inc.
(Name)
900 Old Country Road, Garden City, NY 11530
(Add ress)
(Principal),
and in favor of
Monroe County,
FL
(Obligee) ,
executed by
The North River Insurance Company
, as
Twenty-five thousand and no/l00--------- ($25,000.00)
Surety, in the amount of
Dollars, effective
May 1,
85
,19_.
The Principal and
changing the said bond as follows:
The North River Insurance Company
hereby consent to
Bond is extended to a period ending April 30,
1990.
Nothing herein contained shall vary, alter or extend any.provision or condition of the bond other than as above
stated.
Signed, Sealed and dated this
] 3th
day of
, 19-8-5-.
Obligee
Inc.
Principal
Accepted By
rety
FM 203.0.510 (6-78)
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POWER OF ATTORN:.:"
THE NORTH RIVER INSURANCE COMPANY
PRINCIPAL OFFICE, TOWNSHIP OF MORRIS, 1\
KNOW ALL MEN BY THESE PRESENTS: That THE NORTH RIVER INSURANCE COMPANY ("Company") a corpora-
tion duly organized and existing under the laws of the State of New Jersey, and having its Principal office in the Township of
Morris. State of New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint
Michael A. Cavalieri and Stanley Roth of Garden City, New York, each
its true and lawful Agent(s) and Attorney(s).in-Fact, with full power and authority hereby conferred in its name, place and
stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings-----------_____
------------------------------------------------------------------~---------------
and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged
by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and
they have no authority to bind the Company except in the manner and to the extent therein stated.
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF The North River Insurance Company has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this' 21st day of March . 19...illl.
Attest:
THE NORTH RIVER INSURANCE COMPANY
Assistant Secretary
Richard A. Annese
STATE OF NEW JERSEY)
COUNTY OF MORRIS ) sS.:
kdd-0ce~d:t~
Donald F. McLaughlin
On this 21st day of March 19 84 , before the subscriber, a duly qualified
Notary P State of New Jersey, came the above-mentioned Vice President and Assistant Secretary of The North
River rqN:~ ' to me personally known to be the officers described in, and who executed the preceding instru-
me, they ackn ~~ed the execution of the same. and being by me duly sworn, deposed and said, th~t they are the
of ~ ot'JOirA~Y.mp~lforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said
Cfnpany, ~aid Cor rate Seal and their signatures as officers were duly affixed and subscribed to the said instrument
b~Y. aut~d~ued dir,.ti of the said Company.
.~
IN \st~ONY ~
first a~~:~
(Signed)
F, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and year
SAlLY J. DeCROCE
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Oct. 14. 1987
<~~./ '-"'M.,
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This Power of Attorney is granted pursuant to Article V. of the By-laws of THE NORTH RIVER INSURANCE COMPANY
now in full forct ect.
ARTICLE V., Execution of Instruments: "The Chairman of the Board, Vice-Chairman of the Board, President, or any Vice-
President, in conjunction with the Secretary. or any Secretary, if more than one shall be appointed by the Board. or an
Assistant Secretary. shall have power on behalf of the Corporation:
(a) to execute. affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts,
obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing,
any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations,
policies of insurance, deeds, leases, mortgages, release,s, satisfactions and agency agreements;
(b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph
(a). including affixing the seal of the Corporation."
This Power of Attorney is signed and sealed under and by the authority of Article IV., Section 9, of the By-laws of THE
NORTH RIVER INSURANCE COMPANY as now in full force and effect.
ARTICLE IV. Section 9. Facsimile Signatures: ''The signature of any officer authorized by the Corporation to sign any bonds,
guarantees, undertakings, recognizances, stipulations. powers of attorney or revocations of any powers of attorney and
policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced.. . . The
Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall
have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time
when such instruments shall be issued."
CERTIFICATE
State of New Jersey
County of Morris
I, the undersigned. Assistant Secretary of THE NORTH RIVER INSURANCE COMPANY, DO HEREBV CERTIFY that the
foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above
quoted abstracts of Article V. and Article IV., Section 9. of the By-laws of the Company are now in full force and effect.
In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company. this
13th
day of
December
19~.
By C~ ~ RMj.).M
Assistant Secretary
Charles R. Van Buskirk
FM 203.0.131 (7.75)
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THE NORTH RIVER INSURANCE COM~MI" "
TOWNSHIP OF MORRIS, NEW JERSEY
STATEMENT AS OF DECEMBER 31, 1983
ASSETS
Bonds ..............
Stocks:
Preferred. .. . . .. . ., $ 19,270,589
Common. . . . . .. . . . 162,288,225
Real Estate. . . . . . . . . .
Cash and Bank
Deposits ..........
Short Term
Investments. . . . . . . .
Premium Balances
Receivable. . . . . . . . .
Equities and Deposits
in Pools and
Associations . . . . . . .
Other Assets. . . . . . . . .
Total Admitted Assets
$446,006,390
181.558.814
6.428.789
8,781
11.322,750
55,829.033
3.804,294
41.768,319
$746,727,170
LIABILITIES AND SURPLUS
Losses and
Adjustment
Expenses. . . . . . . . . .
Taxes and
Expenses. . . . . . . . . .
Unearned
Premiums. . . . . . . . .
Other Liabilities. . . . . .
Capital. . . . . . . . . . . . .. $ 2,350.000
Paid in and
Contributed
Surplus ........... 5,176.189
Unassigned Surplus. . . 90,896.024
Surplus to
Policyholders ......
Total Liabilities and Surplus
$421.343,269
10.789.486
124.624.012
91,548.190
98,422,213
$746,727,170
Bonds and Stocks are valued in accordance with the basis adopted by the National
Association of Insurance Commissioners.
Securities carried at $62,984,667 in the above statement are deposited as required by law.
STATE OF NEW JERSEY ~
. SS:
COUNTY OF MORRIS
WALTER T. BIEL. Senior Vice President & Treasurer and MICHAEL A. SANDRI. Assistant
Vice President of The North River Insurance Company being duly sworn, each for himself deposes and says that
they are the above described officers of the said Company and that on the 31 st day of December, 1983 the Company
was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the
payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore
indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said Company on
the 31 st day of December, 1983 according to the best of their information, knowledge and belief. respectively.
Cor!Ooration'.
Seal
Sworn to and Subscribed before me this
1st day of March. 1984
~r~-
CYNTHIA JO STEHLI
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Dec. 13, 1988
~u- r F~.
Senior Vice President & Treasurer
~a.~
Assistant Vice President
I Notarial
Seal
FM 203.0.67 (3/84)
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ADDENDUM TO AGREEMENT
THIS ADDENDUM, entered into this
day of
1986, adds paragraph 3(c) to that certain Rental Car Concession
Agreement entered into on the
day of
, 1986, by
and between Monroe County and Avis Rent a Car System, Inc., for
the Marathon Airport. Said paragraph 3(c) to read as follows:
"(c). Rebatement Program. The rebatement program,
along with the payment procedures for Counter Rental
and Concession Fees must be reported as indicated on
"Exhibit C", attached hereto and made a part hereof."
All other provisions of said ag~eement are to remain in full
force and effect.
IN WITNESS miEREOF, the parties hereto have caused this
~ddendum to Agreement to be executed as of the day and year first
above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
AVIS RENT A CAR SYSTEM, INC.
By:
President
(SEAL)
Attest:
Secretary
Att"""T'S OJ'[ice
Exhibit C
Monroe County, Florida
Monthly Invoice and Rebatement Statement
For:
To:
Date:
Invoice #:
Rental Car
Counter
Rental Car
Ready Area
Total
I. Constr,uction Program Information
A. Current Month's Construction Cost- $
Note I
#B. Prior Months Construction Cost
C. Total to date--Construction Costs $
IT. Contract Billing Information
$
$
A. Counter Rental:
#1. Current Month--
#of sq. ft. times rate =
#? Plus prior months rent
#1. lotal to date--Counter rental
8. Concession Fees:
l. 1/12th of Guaranteed annual
minimum
2, 10% of previous month's gross
revenue
~. Greater of lines 1 or ? above
n Plus prior months concession
fees
S. Total to date-concession fees
$
$
$
. II J. Morithy I nvoi ce Statement
if A. Co u n t erR e nt a 1 (L i n e I I. A . 3 )
B. Concession Fees (Line II.B.5)
C. Less construction costs(Line I.C.'
O. Amourt Due or <Amount of Rebate
Credit)
$
(
>
Notes and Instructions
Note 1.: Lessee must attach copies of paid invoices which agree with
copies of cancelled checks which when totalled agree with Line I.A.
Instructions:
A. Lessor--the Airport Director is to complete all lines with the symbol "#"
and forward invoices to Lessee within seven (7) days after receiving
prior month's Invoice and Rebatement Statement from the Lessee.
B. Lessee--will complete all lines not coded with the symbol "#", and
forward along with payment no later than the last date of the month
preceding the current month's invoice.