Resolution 115-1982
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RESOLUTION NO,. 115::-1982
P~SOLUTION AUTHORIZING THE Cl~IR}~N OF THE BOARD OF
COUNTY CO}~ISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREENENT BY AND BETWEEN THE COUNTY OF
MONROE, STATE OF FLORIDA, AND FIVE 6-6666 CAB CO.
FOR THE PURPOSE OF OPERATING A TAXICAB SERVICE AT THE
KEY WEST INTERNATIONAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That th~ Chairman of the Board of County Commissioners of Honroe
County, Florida, is hereby authorized to execute an Agreement by
and between the County of Monroe, State of Florida, and Five 6-6666
Cab Co., a copy of same being attached hereto, for the purpose of
operating a taxicab service at the Key West International Airport.
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Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 22nd day of March, A.D. 1982.
BOARD OF COUNTY Cm~1ISSIONERS
OF MON~OUNTY, FLORIDA
By ~~L:! .0 (-(.,-,,1
J!fayor jChairman ,/f
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(Seal)
At te s t, RAlPH VI. YlJlITEI ClIRK
~~IJ\A~ Ih,r~) O~.
~ Clerk I
APPfKJVED AS 10 FORM
AND ~GAL SUFFiCIENCY.
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AGREEMENT
THIS AGRE~MENT, entered into this 22 day of March
1982, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a
political subdivision of the State of Florida, hereinafter called
"County", and FIVE 6-6666 CAB CO., a Florida corporation, herein-
after called "Company";
WITNESSETH:
~IEREAS, the County does own and operate the Key West Inter-
national Airport and the Company does operate a cab company in
Key West, Monroe County, Florida, and
WHEREAS, the Company desires to operate a taxicab service out
of said International Airport exclusively,
NOW, THEREFORE, for and in consideration of the mutual covenants
and agreements set forth in this document, the parties do agree with
each other as follows:
1. The County does hereby grant to the Company exclusive
right to operate taxicabs from the Key West International Airport
from the day of , A,D. 198 , the same ending
at midnight on the day of , A.D. 198
That the consideration for said franchise to be paid by the Company
to the County shall be in the sum of Three Hundred Dollars ($300.00)
per month during the full time of this understanding, the same to be
paid on the first day of each month for which the same is due.
2. In addition to the use of the taxicabs as aforesaid, the
Company may also use as vehicular transportation from Key West Inter-
national Airport limousines and/or vans which they own, possess and
operate.
3. The County agrees to furnish adequate parking space near
the Airport Terminal Building for such limousines and taxicabs as
may be required to meet the demands of the traveling public.
4. Said limousine and taxicab concession shall be operated
in strict compliance with the laws of the State of Florida, the
ordinances of the City of Key West, and the ordinances, regulations
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and rules of the County of Monroe, Florida, and the Company shall
pay for all licenses and permits necessary for the operation of
said concession, and shall pay all fees, taxes and ~harges assessed
under State, local or Federal statutes or ordinances, insofar as
they are applicable.
5. As part of this agreement it is understood by the parties
hereto that the Company shall limit each payload from the Key West
International Airport; no more than four (4) passengers for each
taxicab, and no more than eight (8) passengers for each limousine
and/or van.
6. Any loss from the operation of said concession shall be
borne by the Company, and further, it shall indemnify and save
forever harmless the County from any and all claims for damages of
any kind or nature which may hereafter be made against the County
on account of any personal injuries or property damage resulting
from the use of said premises by the said Company, its servants,
agents, successors and assigns, and for this purpose the said
Company shall carry adequate Workmen's Compensation Insurance, if
required by law, and Public Liability Insurance, the policy limits
of the latter to be not less than $100,000.00 for one person and
$300,000.00 for anyone accident involving injury to more than one
person, with Property Damage Insurance of not less than $25,000.00
for anyone accident. The Public Liability and Property Damage In-
surance shall name the County as one of the parties insured.
7. The privileges contained herein are personal, and the
Company agrees that he will not assign or sublet the same without
the express consent of the County in writing.
8. In the event the Company fails to pay, within five (5) days
from the date the same is due, any sum required by this agreement,
the same shall be a breach of this contract franchise and the County
may, at its option, cancel said agreement.
9. Upon the non-payment of the whole or any part of the
amounts agreed upon in paragraph "1" hereof at the time such pay-
ments become due, the filing of a voluntary petition in bankruptcy
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the mak~ng of any general assignment for the benefit of creditors,
the occurrence of any act which operates to deprive the party of
the second part permanently of the rights, powers and privileges
necessary for the proper conduct and operation of the concessions
granted herein, the abandonment and discontinuance of the operation
of the limousine and taxicab concession, or upon the non-performance
by said Company of any of the covenants hereinbefore or hereinafter
mentioned by it to be kept and performed, said County may, at its
election, cancel this agreement and re-enter and take possession of
said premises; and the Company hereby waives any notice of such
election, notice to quit possession of the premises, or any demand
for payment of the amounts agreed upon as the same become due, or
for the performance of any covenants herein, or any demand for the
possession of said premises; provided, however, that the failure of
the County to declare this agreement and concession terminated upon
default of the Company for any of the reasons above set out shall
not operate to bar, abridge, or destroy the right of the County to
declare this agreement null and void and at an end upon any subse-
quent violation of the terms of this agrement by the Company.
10. It is mutually understood and agreed between the parties
hereto that the driver of any limousine or taxi vehicle operating
under this agreement shall be appropriately uniformed, subject to
approval by the Board of County Commissioners of Monroe County,
Florida.
11. The violation of any provision in this agreement by the
Company shall be grounds for cancellation thereof by the County,
it being provided and understood that notice of the same shall be
given by certified mail addressed to FIVE 6-6666 CAB CO" 1300
Duval Street, Key West, Florida 33040.
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IN WITNESS vffiEREOF, the parties hereto have caused these pre-
sents to be executed all as of the day and year first above written.
COUNTY OF HONROE, STATE OF FLORIDA
By
l1ayor and Chairman of the Board
of County Commissioners of
Monroe County, Florida
(Seal)
Attest:
Clerk
FIVE 6-6666 CAB CO.
By
President
(Seal)
Attest:
Secretary
APPROVED AS '0 FORM
AN~)GAL SUFF/~/E~V A
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