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Resolution 056-1984 RESOLUTION NO. 056-1984 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE COUNTY OF MONROE, STATE OF FLORIDA, AND FIVE 6-6666 CAB CO. FOR THE PURPOSE OF OPERATING A TAXICAB SERVICE AT THE KEY WEST INTERNATIONAL AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Connnissioners of Monroe County, Florida, is hereby authorized to execute an Agreement by and between the County of Monroe, State of Florida, and Five 6-6666 Cab Co., a copy of same being attached hereto, for the purpose of operat- ing a taxicab service at the Key West International Airport. Passed and adopted by the Board of County Connnissioners of Monroe County, Florida, at a regular meeting of said Board held on the 24th day of February, A.D. 1984. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~"~ \\ Mayor/Chairman (SEAL) Attest: DANNY L. KOLHAGE, Clerk ~rM,P~o,t' Clerk · ~AS J'OFORM .-~ SUFFICIENCY. BY r I AGREBMENT THIS AGREEllliNT, entered into this 24th day of February, 1984, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, hereinafter called "County", and FIVE 6-6666 CAB CO., a Florida corporation, herein- after called "Company"; WITNESSETH: WHEREAS, the County does own and operate the Key West Inter- national Airport and the Company does operate a cab company in Key West, Monroe County, Florida, and WHEREAS, the Company desires to operate a taxicab service out of said International Airport exclusively, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth in this document, the parties do agree with each other as follows: 1. The County does hereby grant to the Company exclusive right to operate taxicabs from the Key West International Airport from the 1st day of March, A.D. 1984, the same ending at midnight on the 28th day of February, A.D. 1985. That the consideration for said franchise to be paid by the Company to the County shall be in the sum of Three Hundred fifteen Dollars ($315.00) per month during the full time of this understanding, the same to be paid on the first day of each month for which the same is due. 2. In addition to the use of the taxicabs as aforesaid, the Company may also use as'vehicu1ar transportation from Key West Inter- national Airport limousines and/or vans which they own, possess and operate. 3. The County 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 Company shall pay for all licenses and permits pecessary for the operation of said concession, and shall pay at1 fees, taxes and charges assessed under State, local or Federal statutes or ordinances, insofar as they are applicable. 5. As part of this agreement it is understood by the parties hereto that the Company shall limit each payload from the Key West International Airport; no more than four (4) passengers for each taxicab, and no more than eight (8) passengers for each limousine and/or van. 6. Any loss from the operation of said concession shall be borne by the Company, and further, it shall indemnify and save forever harmless the County from any and all claims for damages of any kind or nature which may hereafter be made against the County on account of any personal injuries or property damage resulting from the use of said premises by the said Company, its servants, agents, successors and assigns, and for this purpose the said Company 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 anyone accident involving injury to more than one person, with Property Damage Inusrance of not less than $25,000.00 for anyone accident. The Public Liability and Property Damage In- surance shall name the County as one of the parties insured. 7. The privileges contained herein are personal, and the Company agrees that he will not assign or sublet the same without the express consent of the County in writing. 8. In the event the Company fails to pay, within five (5) days from the date the same is due, any sum required by this agreement, the same shall be a breach of this contract franchise and the County may, at its option, cancel said agreement. 9. Upon the non-payment of the whole or any part of the amounts agreed upon in paragarph "1" hereof at the time such pay- ments become due, the filing of a voluntary petition in bankruptcy. -2- the making of any general assignment for the benefit of creditors, the occurrence of any act which o~erates to deprive the party of the second part permanently of tile 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 Company of any of the covenants hereinbefore or hereinafter mentioned by it to be kept and performed, said County may, at its election, cancel this agreement and re-enter 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 County 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 destroy the right of the County to declare this agreement null and void and at an end upon any subse- quent violation of the terms of this agrement by the Company. 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. 11. The violation of any provision in this agreement by the Company shall be grounds for cancellation thereof by the County, it being provided and understood that notice of the same shall be given by certified mail addressed to FIVE 6-6666 CAB CO., 1300 Duval Street, Key West, Florida 33040. -3- IN WITNESS WHEREOF, the parties hereto have caused these pre- sents to be executed all as of tqe day and year first above written. COUNTY OF MONROE, STATE OF FLORIDA By ~'...s....~ ~ ---~ Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida (Seal) Attest: DANNY L. KOLHAGE, Clerk l.X W:.'~ /VI,p M.J.w iJ ,C: . d- 6' Clerk ' FIVE 6-6666 CAB CO. By President (Seal) Attest: Secretary -4-