01/24/1990 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. (305) 294-4641
M E M 0 RAN DUM
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BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
To: Randy Ludacer, County Attorney
From: Rosalie Connolly, Deputy Clerk
Date: March 8, 1990
Subject: Contract with Flutie Enterprises
On January 24, 1990, the Board of County Commissioners approved
and authorized execution of a Non-Exclusive Agreement with Flutie
Enterprises of the Florida Keys, Inc. regarding the erection and
maintenance of bus stop shelters/benches.
Attached are two duplicate originals of the subject Agreement
which have been executed and sealed on behalf of the County.
It is my understanding that your office will follow through with
this matter.
Attachments
cc: County Administrator T. Brown
Finance Director T. Medina
File
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NON-EXCLUSIVE AGREEMENT
. \ THIS AGREEMENT, made and entered into this ~~~ day of
~U.e ~ ,1990 , by and bet wee n M 0 n roe Co un t y , a
iliunlclpal orporation organized under the laws of the State of
Florida, hereinafter referred to as the "County" and Flutie
Enterprises of the Florida Keys, Inc., a Florida corporation,
hereinafter referred to as the "Company".
WITNESSETH:
WHEREAS, the Company, is a corpor a t ion organ i zed under the
laws of the State of Florida and licensed to do business in the
State of Florida; and
WHEREAS, the Company is in the business of erecting and
maintaining bus stop shelters/benches for use by the general
public for the purpose of selling and placing advertising within
certain of said bus stop shelters/benches; and
WHEREAS, Monroe County desires to supply residents with
shelter from inclement weather at bus stops and proposes to
supply said need at no cost to the County.
NOW THEREFORE, in consideration of the foregoing it is
stipulated and agreed as follows:
1. The Company shall own and erect bus shelters/benches,
substantially as described and depicted on attached Exhibit "A",
sites located on the public right-of-way within the County. Said
sites shall be selected by both parties, and shall be located
only at official Bus stops. At all times during the term of this
Agreement, the bus shelter/bench structures shall remain the
property of the Company and the land upon which the bus
shel ter s/benches are erected, shall rerna i n as a publ ic r igh t of,
way. This Agreement shall not be construed to impose any
obligation on the Company to maintain such land other than as
necessary in erecting and maintaining the pus shelters/benches.
2. The Company may sell and place advertising in the bus
stop shelters/benches. All advertising revenues shall be payable
solely to the Company. If the County reasonably objects to any
advertisement, such advertisement shall be removed on written
request of the County.
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3. The Company shall erect, install, light, clean,
maintain, repair or replace in compliance with all applicable
codes, these she 1 te r s/benches a t no cos t to the Coun ty. Gene r a I
maintenance shall be performed bi-weekly and damage to the
shelter/bench shall be repaired within forty-eight (48) hours of
the time said damage is reported to the Company.
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4. During the term hereof, the Company agrees to indemn~t.y
and hold harmless Monroe County, its officers, agents, employees,
against any and all claims, losses, liabilities or expenditures
of any kind, including but not limited to court costs, expenses,
attorney's fees and sales tax, if any, accruing or resulting from
any and all suits, claims, demands, or damages of any character
or persons, or corporations, or property, by virture of the
design, construction, maintenance, of the bus stop
shelters/benches.
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5. The Company shall provide, at its cost, a One Million
( $ 1 , 0 0 0 , 0 0 0 . 0 0) Do 11 a r I i a b i lit Y po Ii c y 0 fin sur an c e w her e i nth e
County is named as co-insured with licensed carriers acceptable
to the County. Said policy shall state that it is not cancelable
by the insurer or the Company without written notice to the
County thirty (30) days prior to the effective date of said
cancellation. Said insurance is a condition precedent to the
erection or placement of any bus stop Shelters/benches. If the
insurance protection mentioned herein lapses, this agreement
shall immediately be void and have no further force and effect
except for the continuing duty of the Company to comply with the
provisions of paragraph 3 regarding indemnification. Company
shall also, in the event the insurance protection lapses,
immediately remove all Shelters/benches from the public right of
way without notice from the County or at any cost to the County.
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6. The Company shall coordinate and integrate the bus stop
Shelters/benches with the School Board, County and Florida
Department of Transportation.
7. The Company shall pay to the County the sum of Three
Hundred Dollars ($300.00) per year, per shelter and Thirty
Dollars ($30.00) per year, per bench for every complete year and
prorated for partial years. Should this agreement be extended as
provided in paragraph 9 herein, the ComRany shall pay to the
County the sum of Five Hundred Dolla~s ($500.00) per shelter and
Fifty Dollars (S50.00) per bench during the extended term.
8. The number of shelters/benches may be increased by
written agreement of the parties hereto.
9. The term of this contract shall be for five (5) years
from the date the County signs the contract. The contract may be
extended for an additional five (5) years if agreed to by both
parties herein.
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10. Upon a space available basis, the County shall allow
County-approved public service announcements to be advertised
within the shelters. Any such public service announcements shall
be removed by the Company, in the event the Company rents such
advertising space, upon five (5) days notice by the Company to
the County. The cost of preparation and installation of such
public service announcements shall be paid by the County.
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11 . A 11 not ice san dot her com m u n i cat ion sun d e r t n-i s
Agreement shall be in writing and shall be delivered either
personally, by telecopier or by certified mail, return receipt
requested, postage prepaid, to the parties at the following
addresses:
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To the Coun ty : County Attorney's Office
310 Fleming Street
Key West, Florida 33040
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To the Company: Flutie Enterprises
300 S. Pine Island Rd., Suite 105
Plantation, Florida 33324
All notices shall be deemed delivered at the time of hand
delivery in the event of personal delivery, upon receipt of
telecopier copy, or upon receipt or rejection of certified mail,
in the event delivery is made by certified mail. Either party
may change its address for the purposes of receiving notices
pursuant to this paragraph, providing such change is in writing,
which shall not be effective until actually received by the
recipient party.
12. In the event that either party has recourse to court
act ion in order to en force th i s Ag reemen t, the preva i 1 ing par ty
shall recover court costs, including attorney's fees on the trial
or appellate level, from the non-prevailing party.
13. In the event either party shall fail to perform any of
its obligations under this Agreement, the performing party shall
give notice pursuant to paragraph eleven (11) to the non-
performing party, which notice shall state the nature of the
violation. The non-performing party shall have thirty (30) days
from the receipt of notice to cure such violation. In the event
the non-performing party shall fail to cure its violation of this
Agreement within the thirty (30) day period, the performing party
shall have-the option of terminating this Agreement by giving
notice of termination to the non-~erforming party effective upon
delivery of the notice. In the event the County shall terminate
this Agreement pursuant to this paragraph, the County may order
the Company to remove its shelters/benches within thirty (30)
days of termination at no cost to the County. In the event the
Company shall terminate this Agreement, the Company may remove
its shelters/benches within sixty (60) days of termination, and
the cost of maintaining or removing any shelters/benches
remaining subsequent to the sixty (60) day period shall be the
sole responsibility of the County.
. 14. Flutie Enterprises hereby acknowledges and agrees ttfat
this Agreement in no way is to be interpreted to mean that Flutie
Enterprises has an exclusive agreement with the County to provide
bus stop shelters/benches.
15. The bus stop shelters/benches will be located only in
Florida Department of Transportation eights of way within Monroe
County, Florida. In addition, the Monroe County Department of
Public Works will coordinate each site and sign each permit to be
filed with the Florida Department of Transportation for the
individual sites.
IN WITNESS WHER~OF, the parties hereto have caused these
presents to be executed the date and year indicated below each of
its names.
Signed, Sealed and Delivered
in the Presence of:
MONROE COUNTY
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By: Mayor
DANNY L. KOLHAGE, Clerk
Date:
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APMOVED AS"ro FORM
AND LEGAL SUFFICIENCY.
Date: