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12/30/1970 !'o....... //J"~' "-- AGREEMENT "-; tk iTHIS AGREEMENT made and executed this '---~{) '-:day of December, A. D., 1970, by and between the COUNTY OF MONROE, State of Florida, hereinafter known as the "County", designated as party of the first part, and BlJR TON C. BROOKS, of Cook County, the State of Illinois, herein- after clesignated as the party of the second part, WITNESSETH lNHEREAS, the party of the second part has requested the Board of C.ounty' Commissioners of Monroe County, Florida, for a permit to oper- ate an amusement concession consisting of a miniature train ride at the Clarence Higgs Memorial Beach, Key West, Florida, and "\V"HEREAS, the Board of County Com"missioners of Monroe C.ounty, Florida., desires to grant the said party of the second part a revocable permit to operate said conces sian under the terms and conditions here- inafter set forth, l'JOW, THEREFORE, the parties, for the consideration of their mutual promises to each other, agree as follows: 1.. That the party of the second part is hereby g;anted a revocable permit to operate an amusement concession, consisting of a miniature train ride and to charge admission fees for persons riding said train at the Clarence Higgs Memorial Beach, Key West, Florida, in the follow- ing described area: That area on said beach bounded on the East by White Street, o:n the South. by as-ea wall, on the West by the West Martello Towers site, and on the North by the roadway running through said beach, during the period from January 1, 1971, through December 31, 1971. 2,. The party of the second part shall be allowed to build a shed for the housing of said train on the area described above. The design and loca.tion of which is to be first approved by the party of the first part. 8. Party of the second part hereby agrees to maintain the area used by him in a sanitary, clean and uncluttered manner and be responsible for moving a.ny trash or garbage from said area. 9. Prior to the party of the second part's operating under this per- mit, said party of the second part shall furnish to the party of the first part an insurance policy protecting and saving harmless the party of the first part from any claims of any nature whatsoever arising as a result of the operation of said concession by the party of the second part, its employees and agents. -2- 10. Party of the first part shall have the right to revoke this permit upon giving the party of the second part 30 days notice of its intention to revoke said permit. 11. Party of the second part hereby agrees that upon the termination of this permit, that he will vacate said premises and leave said premises in the same condition as existed prior to the operation of said concession. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed this the day and year first above written. WITNESSES: COUNTY OF MONROE, STATE OF FLORIDA ,./...../ ~.f tY~- . i' ~4 /~~ (SEAL) WITNEE;SES: c:?~ E Mayor and Ch · of the Board of County Commissioners of Monroe County, Florida. ATTEST:~ /2 ~ Clerk of said Board Party of the Second Part