Resolution 119-1982
RESOLUTION NO. 119 -1982
RESOLUTION AUTHORIZING THE CHAIRHAN OF THE BOARD OF
COUNTY COt1MISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE COUNTY OF
MONROE, STATE OF FLORIDA, AND KING'S JITNEY SERVICE,
INC. FOR TAXI SERVICE AT THE MARATHON AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COl1MISSIONERS 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 Agree-
ment by and between the County of Monroe, State of Florida, and
King's Jitney Service, Inc., a copy of same being attached hereto,
for the purpose of operating a taxi service at the Marathon Air-
port.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of April, A.D. 1982.
BOA~COUNTY COlfr1ISSIONERS
OF M OE COUNTY yL.ORIDA /J
By ... 7C- c. _ .0 :j+'
"-':'.~~.'~~ HaYQl:IChairJllftn.., ~' ..
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(Seal)
RALPH LJ " ~ ~ '''''1:'' CLInli
Attest :11. .Hiatt IU\
1'(TJt)\'yu..k I~'~'
Clerk
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A G R E E MEN T
THIS AGREEMENT, entered into this 1st day of April
1982, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a
political subdivision of the State of Florida, party of the first
part, and KING'S JITNEY SERVICE, INC., a Florida corporation, of
Monroe County, Florida, party of the second part,
WIT N E SSE T H:
WHEREAS, the party of the first part is now the owner of cer-
tain land known as the Marathon Airport, Marathon, Florida, and
WHEREAS, the party of the second part has indicated its desire
to operate a taxi and bus service from said Airport,
NOW, THEREFORE, in consideration of the mutual covenants, prom-
ises and agreements herein contained, together with the consideration
as is set forth, the parties hereby agree with each other as follows:
1. The party of the first part does hereby grant to the
party of the second part the non-exclusive right to operate taxis
and buses from said AirpoT.t and in so doing occupy that space roughly
60 feet by 200 feet located just east of the main entrance gate to
the terminal area of the Airport, the same being more specifically
reflected in an aerial photograph delineating said Airport and said
space, which is hereto attached and made a part hereof as Exhibit A.
That said non-exclusive right granted herein will be for a period
of five (5) years from the date hereof subject to options to renew
for periods of three (3) and two (2) years, the same to be exercised
at least thirty (30) days before the end of term or renewal, the
same to be done in writing and delivered to the County Administrator,
Stock Island, Florida.
2. That the consideration of Two Hundred Dollars ($200.00) per
month, pIus applicable tax, shall be payable on the first day of each
and every month for the term of this agreement, it being understood
by the parties hereto that an adjustment will be made on the consid-
eration to be paid as and when each renewal is exercised by the party
of the second part to be determined by the Cost of Living Index an-
nounced by the Department of Commerce as of January 1, of the year
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of renewal of the Contract.
All sums paid herein as prescribed
~ed::i:fon ~~day of eac~ ::::~ commencing on the
3. It is ag eed by these parties that water shall be fur-
nished through the line to the main terminal connected to the
facilities rented herein and that the party of the second part will
provide his own meter and line from the terminal building so as to
accommodate his property. That the party of the second part does
agree that upon presentment of the bill for the total use of water
through the terminal facility, that the part metered to his property
will be reimbursed by him to the County at the rate charged to the
County.
4. The party of the second part contemplates a permanent
structure on the premises leased to him in paragraph 1 but that he
desires and will put up a temporary structure of some sort during
the time he is making plans for said permanent structure, all with
the consent and agreement with the party of the first part.
It is
agreed that said temporary structure may be a trailer facility.
At the time of the erection of the permanent building, it will be
necessary for the parties to secure the approval of the FAA and if
the FAA requires any part of said building to be removed because of
conflict with the requirement of the Amended Master Plan for the
Marathon Airport, party of th~ second part so agrees to do.
5. This non-exclusive franchise contract will permit the
party of the second part to render taxicab and bus service to and
from said Airport, it being agreed that the charges made for said
services shall be commensurate with like services rendered in the
Marathon vicinity as a taxi or a bus.
6. The area set aside for the use of the party of the second
part shall be fenced so as to prevent the general public from using
the same at the expense of the party of the second part and the
fencing is to be accomplished within sixty (60) days of the date
hereof.
It is further provided that said fence shall contain a gate
which shall be locked at all times except during the working hours
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of the party of the second part and shall not be accessible to the
general public.
7. Said taxicab and bus concession shall be operated in
strict compliance with the laws of the State of Florida 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 per-
mits 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.
8. Any loss from the operation of said concession shall be
borne by the party of the second part, and further, it 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 anyone accident involving injury to more than
one person, with Property Damage Insurance of not less than
$25,000.00 for any one accide~t. The Public Liability and Property
Damage Insurance shall name the County as one of the parties in-
sured.
9. The privileges contained herein are personal, and the
party of the second part agrees that it will not assign or sublet
the same without the express consent of the party of the first part
in writing.
10. 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,
the occurrence of any act which operates to deprive the party of
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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 taxicab and bus concession, or upon the non-performance or
hereinafter mentioned by it to be kept and performed, said party of
the first part may, at its election, cancel this agremeent 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.
11. In that the party of the second part agrees to charge what
is the usual and customary charges for this service in the Marathon
area, the same shall be posted both in the taxis and buses reflecting
what charges per mile or the cost thereof will be charged to the
passengers or in other such cpnspicuous places as is required by the
Board of County Commissioners of Monroe County, Florida.
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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.
(SEAL)
A ttes t, .IALPII W. WHIJ[. ClUI
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cl- ~ C lerk
By.
(Corporate Seal)
Attest:
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Secretary
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