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11/05/1974 AGREEMENT THIS AGREEMENT made and executed this 5th day of November, A.D. 1974, by and between the COUNTY OF MONROE, State of Florida, hereinafter known as the "County", designated as party of the first part, and ROBERT CASTELLANO, of Monroe County, State of Florida, hereinafter designated as the party of the second part, WIT N E SSE T H: WHEREAS, the party of the second part has requested the Board of County Commissioners of Monroe County, Florida, for a permit to operate an amusement concession consisting of a miniature train ride at the Clarence Higgs Memorial Beach, Key West, Florida, and WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to grant the said party of the second part a revocable permit to operate said concession under the terms and conditions hereinafter set forth, NOW, THEREFORE, the parties, for the consideration of their mutual promis.,es to each other, agree as follows: 1. That the party of the second part is hereby granted 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 following described area: That area on s~ beach bounded on the West by White Street, on the South by the roadway running through said beach and on the North by a wire fence located on Tract recently received from the Federal government. L- during the period from January 1, 1972, through December 31, 1977. 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 location of which is to be first approved by the party of the first part. 3. That in consideration for the permission to operate said concession, said party of the second part hereby agrees to pay to the party of the first part 10 per cent of the gross receipts -2- received from any fees charged to persons riding said train. Said percentage to be payable on the last day of each month during the term of this permit. In the event this permit is revoked for any reason whatsoever prior to the 30th day of any month during the term of same, said percentage will be due and payable on the date of said revocation. The party of the second part shall keep an accurate daily account of the number of persons riding said train and the amount paid by them, which said accounts shall be open to inspection by the party of the first part at any and all times. 4. The party of the second part shall be responsible for and pay all taxes, licenses and fees that may be legally assessed and levied against him as a result of operation of said concession. 5. The party of the second part shall be allowed to operate said concession only during the period of 9:00 A.M. until 9:00 P.M. 6. The party of the s.econd part agrees not to sell any refreshments, goods or wares of any nature whatsoever or compete in any manner whatsoever with other concessioners operating on said beach. 7. The said party of the second part will be responsible for and pay for any utilities including water, lights and garbage fees incurred in the operation of said concession. 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 any trash or garbage from said area. 9. Prior to the party of the second part's operating under this permit, said party of the second part shall furnish to the party of the first part an insurance policy protecting and sav- ing harmless the party of the first part from any claims of any nature whatsoever arising as a result of the operation of said con- cession by the party of the second part, its employees and agents. 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. -3- 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 presesnts to be signed this the day and year first above written. WITNESSES: ~~T~~ 7/{r~~~~ COUNTY OF MONROE, STATE OF FLORIDA By MaYor4e'~rtn~NI Board of County Commissioners of Monroe County, Florida (SEAL) WITNESSES: Jl--L~~dAJ ~~... ~.~~~~... art 0 t e Secon {A~e4J~.