06/20/1972i
AGREEMENT
THIS AGREEMENT, Entered into this day of June, A.D.
1972, by and between the COUNTY OF MONROE, FLORIDA, a political sub-
division of the State of Florida, party of the first part, and DANIEL BOZA,
of Monroe County, Florida, party of the second part,
WITNESSETH:
WHEREAS, the party of the first part is now the owner of certain
land at Key West, Florida, known as the Key West International Airport, and
is the owner of certain building and improvements thereon and
WHEREAS, the party of the second part is desirous of operating a
limousine and taxicab service out of said Airport,
NOW, THEREFORE, in consideration of the mutual covenants, pro-
mises and agreements herein contained, the said parties hereby covenant,
promise and agree with each other as follows:
1. The party of the first part does hereby grant to the party of the
second part the exclusive right to operate a limousine and taxicab service
out of the Key West International Airport for a period of two (2) years, com-
mencing on the gaa, . day of June, A.D. 1972 and ending at midnight on
the / ��4 day of June, A.D. 1974. In consideration therefor, the said
party of the second part promises and agrees to pay to the party of the first
part as rental consideration for the rights granted, the sum of Three Hundred
Three and 00/100 Dollars ($303.00) per month during the term of this agree-
ment. Said consideration shall be paid monthly, in advance, on the dzy__
day of the month for which payment is made.
2. The said party of the second part shall provide the following ser-
vices at the said Airport at all times during the term of this agreement, at
his own cost and expense:
Limousine and taxicab services operating out of the Airport
during all hours of the day or night whenever there may be
scheduled arrival of air carrier aircraft. Said services shall
be furnished with reasonably new equipment.
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It is understood that this concession covers only passengers picked
up at the Airport, as the party of the first part cannot legally prohibit the
unloading of limousine or taxicab passengers at the Airport by any properly
licensed carrier.
3. The party of the first part agrees to furnish adequate parking
space near the Airport Terminal Building for such limousines and taxicabs
as may be required to meet the demands, of the traveling public.
4. Said limousine and taxicab concession shall be operated in strict
compliance with the laws of the State of Florida, the ordinances of the City
of Key West, 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 permits 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.
5. Any loss from the operation of said concession shall be borne by
the party of the second part, and further, he shall indemnify and save for-
ever harmless the party of the first part from any and all claims for damages
of any kind or nature which may hereafter be made against the said party of
the first part on account of any personal injuries or property damage re-
sulting 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 Insurance,
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
any one accident involving injury to more than one person, with Property
Damage Insurance of not less than $25, 000. 00 for any one accident. The
Public Liability and Property Damage Insurance shall name the County as one
of the parties insured.
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6. The privileges contained herein are personal, and the party of
the second part agrees that he will not assign or sublet the same without the
express consent of the party of the first part in writing.
7. 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 party of 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 opera-
tion of the limousine and taxicab concession, or upon the non-performance by
said party of the second part of any of the covenants hereinbefore or herein-
after mentioned by him to be kept and performed, said party of the first
part may, at its election, cancel this agreement and re-enter and take posses-
sion 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.
8. It is mutually agreed that the limousine and taxi fare from the
Airport to downtown Key West shall not exceed $1. 50 per passenger during
the term of this agreement. It is further agreed that the party of the second
part may use taxicabs for limousine service, provided the maximum limousine
fare set out herein is not exceeded. It is further agreed that the rates shall
be posted in limousines or taxi vehicles by the party of the second part, as
the Board of County Commissioners of Monroe County, Florida shall direct.
NOW
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9. This agreement may be renewed for additional periods of one
(1) year each, at the option of the party of the first part, upon terms and
conditions to be mutually agreed upon by both of the parties hereto.
10. It is mutually understood and agreed between the parties hereto
that the driver of any limousine or taxi vehicle operating under this agreement
shall be appropriately uniformed, subject to approval by the Board of County
Commissioners of Monroe County, Florida.
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
hereunto set his hand and seal, all as of the day and year first above written.
Signed, Sealed and Delivered
in Our Presence:
to the party of the first part.
As to the party of the second part.
COUNTY OF MONROE, FLORIDA
By -
Z<f_ '_' e 0--
Mayor of Monroe County, and Chair-
man of the Board of County Comis-
sioners
(SEAL)
Attest:
Clerk of the Circuit Court of Monroe
County, Florida and ex officio Clerk
of the Board of County Commissioners
of Monroe County, Florida
(Seal)
DANIEL BOZA