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02/18/19830 AGREEMENT THIS AGREEMENT, entered into this 18th day of February 1983, by and between FIVE 6-6666 CAB CO., a Florida corporation herein- after referred to as "Company", and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board", now, WITNESSETH: WHEREAS, the parties have entered into an agreement concerning the use of the facilities of the Key West International Airport, a property belonging to the County, and WHEREAS, in accordance with the mutual understandings and covenants entered into by these parties, together with the monetary consideration hereinafter referred to, the parties do covenant and agree as follows: 1. That the Company shall be privileged, commencing upon the 1st day of March , A.D. 198 3 to render a service to be entitled and called a "Tour Pickup" for and in consideration of payment of One Hundred Dollar ($100.00) per month, the first pay- ment of such sum to be made on the 1st day of March , A.D. 198 3 2. That this agreement, as approved by the Board, shall be for a period of one (1) year and the aforesaid sum of One Hundred Dollars ($100.00) shall be paid on the first day of each month for said period. 3. That as a condition of this agreement and the privilege to conduct a "Tour Pickup", the Company shall be privileged to pickup tour groups of twenty (20) or more and no less. That as referred to herein, "tour groups" shall mean and is groups of twenty (20) or more who enter Key West through the Key West International Airport on a regular arranged and scheduled tour in the Key West area. 4. No pickups shall be made at the Key West International Air- port except under the terms and conditions of this agreement by the Company, and it is further understood and agreed that a prerequisite to a pickup under these conditions and circumstances shall only be permitted by a clearance with the Airport Director at least twenty- four (24) hours prior to said pickup. In all events, clearance and supervision of pickups shall be under the direction of the Airport Director, and in keeping with the conditions, of this agreement, -2- none shall be scheduled nor accomplished, except by his sanction, under the terms hereof. S. As concerns the use of the Key West International Airport for said pickup or pickups, all of the conditions set forth herein shall apply to the return of such tour groups for departure from said Airport. 6. That as a condition of operation under the provisions here- of, the Company does agree hereby to indemnify and save harmless for- ever the Board from any and all claims for damages for any loss of any nature or kind that may hereafter be caused by the Company or any such claim of damages that it shall be lodged against said Com- pany for any reason whatsoever, whether it be property damage or personal injury, and whether it be occasioned by the Company, its servants, agents, successors and assigns. Adequate Workmen's Com- pensation Insurance, as required by law, and public liability insurance shall be borne by and carried at all times prior to operations com- mencing by said Company. As concerns public liability insurance, the Company shall carry the same in a denomination of not less than $1009000.00 for any one person and $300,000.00 for any one accident involving injury to more than one person and a property damage insurance coverage of not less than $25,000.00 for any one accident. The County shall be named as a party insured in any and all such insurance. 7. The privileges contained herein are personal, and the Com- pany agrees that it will not assign or sublet the same without the express consent of the Board in writing. 8. Upon the non-payment of the whole or any part of the amounts agreed upon in paragraph "1" hereof at the time such payments 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 Company 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 tour pickup 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 Board may, at its election, cancel this agreement and re-enter • i -. r ti f -3- 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 Board 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 destory the right of the Board to declare this agreement null and void and at an end upon any subsequent violation of the terms of this agreement by the Company. 9. That the failure to abide by any,of the provisions or terms of this agreement shall be justification and grounds to cancel the same by the County. Notice of such cancellation shall be given to the office of the Company by certified mail, said office being located at 1300 Duval Street, Key West, Florida 33040. IN WITNESS WHEREOF the parties hereto have affixed their names and seals on the day and year first above written. (Corporate Seal) Attest: (Seal) Attest: RUPH via ler FIVE 6-6666 CAB CO. By Presitlent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ayor C airman APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BY Attorney's Office