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Resolution 119-1982 RESOLUTION NO. 119 -1982 RESOLUTION AUTHORIZING THE CHAIRHAN OF THE BOARD OF COUNTY COt1MISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE COUNTY OF MONROE, STATE OF FLORIDA, AND KING'S JITNEY SERVICE, INC. FOR TAXI SERVICE AT THE MARATHON AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COl1MISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute an Agree- ment by and between the County of Monroe, State of Florida, and King's Jitney Service, Inc., a copy of same being attached hereto, for the purpose of operating a taxi service at the Marathon Air- port. 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 April, A.D. 1982. BOA~COUNTY COlfr1ISSIONERS OF M OE COUNTY yL.ORIDA /J By ... 7C- c. _ .0 :j+' "-':'.~~.'~~ HaYQl:IChairJllftn.., ~' .. . ".. (Seal) RALPH LJ " ~ ~ '''''1:'' CLInli Attest :11. .Hiatt IU\ 1'(TJt)\'yu..k I~'~' Clerk 8'1 ~. &q "- . A G R E E MEN T THIS AGREEMENT, entered into this 1st day of April 1982, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, party of the first part, and KING'S JITNEY SERVICE, INC., a Florida corporation, of Monroe County, Florida, party of the second part, WIT N E SSE T H: WHEREAS, the party of the first part is now the owner of cer- tain land known as the Marathon Airport, Marathon, Florida, and WHEREAS, the party of the second part has indicated its desire to operate a taxi and bus service from said Airport, NOW, THEREFORE, in consideration of the mutual covenants, prom- ises and agreements herein contained, together with the consideration as is set forth, the parties hereby agree with each other as follows: 1. The party of the first part does hereby grant to the party of the second part the non-exclusive right to operate taxis and buses from said AirpoT.t and in so doing occupy that space roughly 60 feet by 200 feet located just east of the main entrance gate to the terminal area of the Airport, the same being more specifically reflected in an aerial photograph delineating said Airport and said space, which is hereto attached and made a part hereof as Exhibit A. That said non-exclusive right granted herein will be for a period of five (5) years from the date hereof subject to options to renew for periods of three (3) and two (2) years, the same to be exercised at least thirty (30) days before the end of term or renewal, the same to be done in writing and delivered to the County Administrator, Stock Island, Florida. 2. That the consideration of Two Hundred Dollars ($200.00) per month, pIus applicable tax, shall be payable on the first day of each and every month for the term of this agreement, it being understood by the parties hereto that an adjustment will be made on the consid- eration to be paid as and when each renewal is exercised by the party of the second part to be determined by the Cost of Living Index an- nounced by the Department of Commerce as of January 1, of the year 10 -2- of renewal of the Contract. All sums paid herein as prescribed ~ed::i:fon ~~day of eac~ ::::~ commencing on the 3. It is ag eed by these parties that water shall be fur- nished through the line to the main terminal connected to the facilities rented herein and that the party of the second part will provide his own meter and line from the terminal building so as to accommodate his property. That the party of the second part does agree that upon presentment of the bill for the total use of water through the terminal facility, that the part metered to his property will be reimbursed by him to the County at the rate charged to the County. 4. The party of the second part contemplates a permanent structure on the premises leased to him in paragraph 1 but that he desires and will put up a temporary structure of some sort during the time he is making plans for said permanent structure, all with the consent and agreement with the party of the first part. It is agreed that said temporary structure may be a trailer facility. At the time of the erection of the permanent building, it will be necessary for the parties to secure the approval of the FAA and if the FAA requires any part of said building to be removed because of conflict with the requirement of the Amended Master Plan for the Marathon Airport, party of th~ second part so agrees to do. 5. This non-exclusive franchise contract will permit the party of the second part to render taxicab and bus service to and from said Airport, it being agreed that the charges made for said services shall be commensurate with like services rendered in the Marathon vicinity as a taxi or a bus. 6. The area set aside for the use of the party of the second part shall be fenced so as to prevent the general public from using the same at the expense of the party of the second part and the fencing is to be accomplished within sixty (60) days of the date hereof. It is further provided that said fence shall contain a gate which shall be locked at all times except during the working hours 7' -3- of the party of the second part and shall not be accessible to the general public. 7. Said taxicab and bus concession shall be operated in strict compliance with the laws of the State of Florida and the ordinances, regulations and rules of the County of Monroe, Florida, and the party of the second part shall pay for all licenses and per- mits necessary for the operation of said concession, and shall pay all fees, taxes and charges assessed under State, local or Federal statutes or ordinances, insofar as they are applicable. 8. Any loss from the operation of said concession shall be borne by the party of the second part, and further, it shall in- demnify and save forever harmless the party of the first part from any and all claims for damages of any kind or nature which may here- after be made against the said party of the first part on account of any personal injuries or property damage resulting from the use of said premises by the said party of the second part, his servants, agents, successors and assigns, and for this purpose said party of the second part shall carry adequate Workmen's Compensation Insur- ance, 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 any one accide~t. The Public Liability and Property Damage Insurance shall name the County as one of the parties in- sured. 9. The privileges contained herein are personal, and the party of the second part agrees that it will not assign or sublet the same without the express consent of the party of the first part in writing. 10. 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, the making of any general assignment for the benefit of creditors, the occurrence of any act which operates to deprive the party of 72/ . ~ . -4- 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 taxicab and bus concession, or upon the non-performance or hereinafter mentioned by it to be kept and performed, said party of the first part may, at its election, cancel this agremeent and re- enter and take possession of said premises; and the party of the second part 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 party of the first part to declare this agreement and concession terminated upon default of the party of the second part for any of the reasons above set out shall not operate to bar, abridge, or destroy the right of the party of the first part to declare this agreement null and void and at an end upon any subsequent violation of the terms of this agreement by the party of the second part. 11. In that the party of the second part agrees to charge what is the usual and customary charges for this service in the Marathon area, the same shall be posted both in the taxis and buses reflecting what charges per mile or the cost thereof will be charged to the passengers or in other such cpnspicuous places as is required by the Board of County Commissioners of Monroe County, Florida. i3 -5- IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed in its name, and the party of the second part has caused these presents to be executed in its name, all as of the day and year first written above. (SEAL) A ttes t, .IALPII W. WHIJ[. ClUI ~ Y!M"A ~ m fJ~ 10-C- cl- ~ C lerk By. (Corporate Seal) Attest: ~La. o{~1' Secretary -J~ " ~ . , "jo ".'>1> ~ 'It.,'t~.> ~;t , .; ~ , ~ , , ~ i.i:: " " I '- , ,~ ",'" , "E f\" :~":i'JI~ "'~..' ^ 1 ~'~; '*'" "'. ; ',~ ~;'< " r ' )'): ~Ii'.~"" ~i<'t 1.- ~&;A;:~ :^ , " ~ >,' ";, " .' "'} l ,..~' ~:.} CD to CO .~:'. ~ I " f'.. 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