Resolution 104-1982RESOLUTION NO.104 -1982
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND
FIVE 6-6666 CAB CO., FOR RENDERING A TOUR PICKUP
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 Commissioners of Monroe
County; Florida, is hereby authorized to execute an Agreement by
and between the Board of County Commissioners of Monroe County,
Florida, and Five 6-6666 Cab Co., a copy of same being attached
hereto, for the purpose of rendering a Tour Pickup service at the
Key West International Airport.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 22nd day of March, A.D. 1982.
(Seal)
BOAP,D OF COUNTY COMMISSIONERS
OF M COUNTY, FLORIDA
By
OX
ayor/Chairman
Attest: RALPH W. WHITE, CLER01%
px;'O�
Clerk
y
By
Attorneys Off:°ca 0
1-7
AGREEMENT
THIS AGREEMENT, entered into this 22nd day of March ,
1982, by and between FIVE 6-6666 CAB CO., a Florida corporation,
hereinafter referred to as "Company", and the BOARD OF COUNTY COM-
MISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board", now,
WITNESSETH:
WHEREAS, the parties have entered into an agreement concerning
the use of the facilities of the Key West International Airport,
a property belonging to the County, and
WHEREAS, in accordance with the mutual understandings and
covenants entered into by these parties, together with the monetary
consideration hereinafter referred to, the parties do covenant and
agree as follows:
1. That the Company shall be privileged, commencing upon the
1st day of March A.D. 1982 to render a service
to be entitled and called a "Tour Pickup" for and in consideration
of payment of One Hundred Dollars ($100.00) per month, the first pay-
ment of such sum to be made on the 1st day of March
0
2. That this agreement, as approved by the Board, shall be
for a period of one (1) year and the aforesaid sum of One Hundred
Dollars ($100.00) shall be paid on the first day of each month for
said period.
3. That as a condition of this agreement and the privilege to
conduct a "Tour Pickup", the Company shall be privileged to pickup
tour groups of twenty (20) or more and no less. That as referred to
herein, "tour groups" shall mean and is groups of twenty (20) or
more who enter Key West through the Key West International Airport
on a regular.arranged and scheduled tour .in the Key West area.
4. No pickups shall be made at the Key West International Air-
port except under the terms and conditions of this agreement.by the
Company, and it.is further understood and agreed that a prerequisite
to a pickup under these conditions and circumstances shall only be
0
-2-
permitted by a clearance with the Airport Director at least twenty-
four (24) hours prior to said pickup. In all events, clearance
and supervision of pickups shall be under the direction of the Air-
port Director, and in keeping with the conditions, of this agreement,
none shall be scheduled nor accomplished, except by his sanction,
under the terms hereof.
5. As concerns the use of the Key West International Airport
for said pickup or pickups, all of the conditions set forth herein
shall apply to the return of such tour groups for departure from
said Airport.
6. That as a condition of operation under the provisions
hereof, the Company does agree hereby to indemnify and save harm-
less forever the Board from any and all claims for damages for any
loss of any nature or kind that may hereafter be caused by the Com-
pany or any such claim of damages that it shall be lodged against
said Company for any reason wwhatsoever, whether it be property
damage or personal injury, and whether it be occasioned by the Com-
pany, its servants, agents, successors and assigns. Adequate Work-
men's Compensation Insurance, as required by law, and public lia-
bility insurance shall be borne by and carried at all times prior to
operations commencing by said Company. As concerns public liability
insurance, the Company shall carry the same in a denomination of
not less than $100,000.00 for any one person and $300,000.00 for
any one accident involving injury to more than one person and a
property damage insurance coverage of not less than $25,000.00 for
any one accident. The County shall be named as a party insured in
any and all such insurance.
7. The privileges contained herein are personal, and the Com-
pany agrees that it will not assign or sublet the same without the
express consent of the Board in writing.
8. Upon the non-payment of the whole or any part of the
amounts agreed upon in paragraph "1" 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,
-3-
the occurrence of any act which operates to deprive the Company
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 tour pickup
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 Board may, at its election, cancel this agree-
ment 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 Board 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 Board to declare this agreement null
and void and at an end upon any subsequent violation of the terms
of this agreement by the Company.
9. That the failure to abide by any of the provisions or
terms of this agreement shall be justification and grounds to cancel
the same by the County. Notice of such cancellation shall be given
to the office of the Company by certified mail, said office being
located at 1300 Duval Street, Ivey West, Florida 33040.
IN WITNESS WHEREOF the parties hereto have affixed their names
and seals on the day and year first above written.
(Corporate Seal)
Attest:
ecretary
(Seal) Wi!..
�*jR�H��■r L C1119
Attest:
M.6 P� �.�.
Clerk
FIVE 6-6666 CAB CO.
By
President
BOA F COUNTY CO-iISSIONERS
OF NROE COUN FL IDA
B'`� C-
Y
T4ayor Chairman
APPRQ"VED AS 70 FORM
D_�GAL SUFFICIENCY
ay
AffoMWe Of ke