06/11/1974f
AGREEMENT
AGREEMENT, Entered into this llth day of June ,
A. D. 1974, by and between the COUNTY OF MONROE, FLORIDA, a political subdivi-
sion 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 lim-
ousine and taxicab service out of said Airport,
NOW, THEREFORE, in consideration of the mutual covenants, promises 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, commencing
on the 20th day of June , A. D. 1974 and ending at midnight on the
19th day of June 1976. 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 agreement. Said
consideration shall be paid monthly, in advance, on the 20th day of the month
for which payment is made.
2. The said party of the second part shall provide the following
services 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 when-
ever there may be scheduled arrival of air carrier
aircraft. Said services shall be furnished with
reasonably new equipment.
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 un-
loading of limousine or taxicab passengers at the Airport by any properly licensed
carrier.
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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 forever
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 resulting 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.
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 ex-
press 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 aban-
donment and discontinuance of the operation of the limousine and taxicab concess-
ion, or upon the non-performance by said party of the second part of any of the
covenants hereinbefore or hereinafter mentioned by him to be kept and performed,
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said party of the first part may, at its election, cancel this agreement and
re-enter and take possession of said premises; and the party of the second part
hereby waives any notice of such election, notice to quit possession of the pre-
mises, 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 pos-
session 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 oper-
ate 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 $2.00 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.
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 condi-
tions 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 Board of County Com-
missioners of Monroe County, Florida.
IN WITNESS WHEREOF, the party of the first part has caused these pre-
sents 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 written above.
Signed, Sealed and Deliverered
in Our Presence:
COUNTY OF MONROE, FLORIDA
By
Mayor of Mo oe County, and Chair-
man of the Board of County Commis-
sioners
Att
Clerk of /the Circuit Court of Monroe
County, Florida and ex officio Clerk
of the Board of County Commissioners
of Monroe County, Florida
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-(Seal)
DANIEL BOZA