08/09/1989
COMMERCIAL GROUND TRANSPORTATION
A G R E E MEN T
THIS AGREEMENT, entered into this '1ft-It day of 4~:t:- '
1989, by and between the COUNTY OF MONROE, a political subdivi-
sion of the State of Florida, hereinafter called "County" and Ed
Cox
d/b/a
AIRPORT LIMOUSINE
SERVICE,
hereinafter
called
"Company";
WIT N E SSE T H:
WHEREAS, the County does own and operate the Key West Inter-
national Airport, hereinafter called "Airport"; and
WHEREAS, the Company does own and operate a limousine
service company in Key West, Monroe County, Florida; and
WHEREAS, the Company desires to operate out of said Airport
on a non-exclusive basis;
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 the right to
operate a limousine service from the Airport from the 9th day of
August, 19_89, until midnight on the 8th day of November ,<_JJ_82.
The Company shall have the option to renew this agreement, upon
the terms and conditions contained herein, for a period of one
(1) year. This right to renew shall be subject to the consent of
the County, but the County may not withhold such consent without
good cause. The Company may exercise this option to renew only
if the Company gives written notice to the County of the
Company's intent to exercise this option prior to the expiration
of the initial term of this agreement. If the Company does not
give the County written notice of the Company's intent to
exercise this option to renew prior to the expiration of the
initial term of this agreement, then this agreement shall lapse
and expire upon the conclusion of the initial term.
2. As consideration for the franchise created under this
agreement, the Company shall pay a fee to the County on the first
day of each calendar month during which this agreement is in
force. The fee shall be based upon the number of vehicles which
the Company is authorized, by the County, to operate at the
Airport during the month for which the fee is charged. Prior to
operating any specific motor vehicle for hire at the Airport
pursuant to this agreement, the Company will obtain the approval,
by the County, for such operation of the vehicle. The County
will not unreasonably withhold or refuse the approval of any
vehicle for operation at the Airport by the Company, and the
approval of a vehicle by the County shall be indicated by a
windshield sticker, or other means, which shall include the
license tag number of the vehicle. The monthly fee to be paid by
the Company to the County shall be two hundred fifty dollars
($250.00) if only one vehicle is approved for operation during
that month, and five hundred dollars ($500.00) if two or more
vehicles are approved for operation during that month. The
amount of the monthly fee shall be determined by the number of
vehicles approved for use, regardless of whether any or all of
the approved vehicles are actually used and operated at the
Airport, and regardless of the number of vehicles actually used
and operated at the Airport at anyone time. In addition to the
monthly payment due pursuant to this paragraph, the Company shall
pay to the County, as a security deposit, the amount of five
hundred dollars ($500.00), which shall be due and payable upon
execution of this agreement, and which shall be held, by the
County, in escrow, to cover any monthly payment not made by the
Company, and to be returned to the Company at the termination of
this agreement (if all monthly payments have been made).
3. The County will not fix the price of fares; however,
fares shall be prominently displayed in full view of the public
on signage at the Airport Terminal Building. The Airport Manager
shall ensure equality of size and location of signage between
competing companies.
4. The Company shall be on 24-hour call to provide service
to customers at the Airport and shall have enough vehicles to
service the Airport when on call.
"I
L.
5. In the event service to the Airport is discontinued for
a period of seven (7) consecutive days, or for a total of fifteen
(15) days out of anyone (1) calendar month, this agreement shall
be invalidated, thus constituting a default.
6. The Company's limousine service shall be operated in
strict compliance with the laws of the State of Florida, the
ordinances of the City of Key West, Florida, and the ordinances,
regulations and rules of the County of Monroe, Florida, and the
Company shall pay for all licenses and permits necessary for the
operation of said limousine service and shall pay all fees, taxes
and charges assessed under Federal, State, or local statutes or
ordinances, insofar as they are applicable.
7. Any loss from the operation of the limousine service
shall be borne by the Company.
8. The Company agrees to indemnify fully and hold harmless
the County, its offi cers, agents and employees from and against
any loss of damages, claims, liabilities and causes of action of
every kind, character and nature, as well as costs and fees,
including reasonable attorneys' fees connected therewith, and the
expense of any investigation thereof based upon or arising out of
damages or injuries to third persons or their property to the
extent they are caused by the negligence of the Company, its
officers, agents or employees. The County shall give the Company
prompt and reasonable notice of any such claims or actions and
the Company shall have the right to investigate, compromise and
defend the same to the extent of its own interest.
9. The Company agrees to carry and keep in force adequate
Workmen's Compensation Insurance, if required by law and
Automobile Liability Insurance with minimum limits of $300,000,
combined single limit for Property Damage and Personal Injury.
The County shall be named co-insured. as owner/operator of the
Airport in all such policies and the Company shall furnish the
County with proper certification that such insurance is in force
and will furnish additional certificates of changes of such
insurance.
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10. The privileges contained herein are personal, and the
Company agrees that it cannot assign or sublet the same without
the express written consent of the County.
11. In the event the Company fails to pay any sum required
by this agreement, wi thin ten (l 0) days from the date the same is
due, the same may be a breach of this agreement and the County
may, at its option, cancel this agreement.
12. The County may, at its election, cancel this agreement
upon the occurrence of any of the following events:
(a) non-payment by the Company of the whole or any part of
the amounts agreed upon at the time such payments become due;
(b) the filing of a voluntary petition for bankruptcy by the
Company;
(c) the making of any general assignment for the benefit of
creditors against the Company;
(d) the occurrence of any act which operates to deprive the
Company permanently of the rights, powers and privileges
necessary for the proper conduct and operation of the franchise
granted herein;
(e) the abandonment and discontinuance of the operation of
the limousine service by the Company; or
(f) upon the non-performance by said Company of any of the
covenants hereinbefore or hereinafter mentioned by it to be kept
and performed,
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 covenant s herein or any demand for the
possession of said premises; provided, however, that the failure
of the County to declare this agreement terminated upon default
of the Company of any of the reasons set out above 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
subsequent violation of the terms of this agreement by the
Company.
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13. It is mutually understood and agreed between the parties
that the driver of any vehicle operating under this agreement
shall be appropriately uniformed, subj ect to approval by the
Airport Manager.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year first written
above.
COUNTY OF MONROE
~~
BY: ~ . ~
Mayor C airman 0 tne Boaro
of County Commissioners of
Monroe County, Florida
(SEAL)
Attest :DANNX:4 ~OLJ;IAG~ CleJ:k
~2~
AIRPOR'l(-I:iIMQUS INE~::~
~~~
a Cox, Owner
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AND LEGAL MMICIE/tICY.
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AttOfnto . oae ~
BY
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