07/11/1978A G R E E M E N T
THIS AGREEMENT, entered into this day of ,
1978, by and between the COUNTY OF MONROE, STATE OF FL DA, a
political subdivision of the State of Florida, party of the first
part, and FIVE 6-6666 CAB CO., a Florida corporation, of Monroe
County, Florida, party of the second part,
W I T N E S S E T H:
WHEREAS, the party of the first part is now the owner of
certain land at Key West, Florida, known as the Key West Interna-
tional Airport, and is the owner of certain buildings and improve-
ments thereon, and
WHEREAS, the party of the second part is desirous of operat-
ing a limousine 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 three (3) years, commencing on the 20th day of
June A.D. 1978, and ending at midnight on the 19th day of
June A.D. 1981. 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 MIRTY and 00/100 DOLLARS ($330.00) 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:
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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.
It is understood that this concession covers only passen-
gers picked up at the Airport, as the party of the first part can-
not legally prohibit the unloading of limousine or taxicab passen-
gers 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 travel-
ing public.
4. Said limousine and taxicab concession shall be oper-
ated 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 ordi-
nances, 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 in-
demnify and save forever harmless the party of the first part from
any and all claims for damages of any kind or nature which may here-
after 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 Insur-
ance, 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
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J
Damage Insurance shall name the County as one of the parties in-
sured.
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 "l" hereof at the time such pay-
ments 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 operation
of the limousine and taxicab concession, or upon the non-performance
by said party of the second part of any the covenants hereinbefore
or hereinafter 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 possession 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 $3.00
per passenger during the term of this agreement. It is further
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n
agreed that the rates shall be posted in limousines or taxi vehicles
by the party of the second part, as the Board of County Commission-
ers 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 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 caused these presents to be executed in its name,
all as of the day and year first written above.
Attest:
er
Attest:
COUNTY OF MONROE, STATE OF FLORIDA
1
BY
ayor add Chairman ot the Boar
of County Commissioners of
Monroe County, Florida
(Seal)
FIVE 6-6666 CAB CO.
By
President
(Seal)
HEREBY CERTIFY that this document
Secre ary has been reviewed for legal suffi-
ciency and that the same meets with
my approval.
By
Attorney's Office
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