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HomeMy WebLinkAboutResolution 042-1983 RESOLUTION NO . 04-2 1983 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 Commissioner's 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 attched hereto , for the purpose of operating a taxicab 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 18th day of February, A.D . 1983. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA .P / / � ,Ff q, A, so ,gyp p� < By .:% d 5.9/ F/Mayo r/Chai rman (SEAL) 4 / Attest : RATH , W EE aEPJ 9-4)\C . • . Al. Pkaito erk A PAr 1VED AS TO FORM 4r71 GAL Sd' 1`;"r°`RICY.Ai BY � I c • AGREEMENT THIS AGREEMENT,• entered into this 18th day of: February 1983, by and between the .COUNTY. OF MONROE , STATE OF FLO2IDA, a political -- 1 • r subdivision bf the State of Florida, hereinafter called- "County" , and. FIVE 6-6666 CAB CO . , a Florida corporation, hereinafter 'palled "County" , WITNESSETH: WHEREAS , the County does own and operate the Key West, International • Airport and the Company does operate a cab company . ir 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 taxicab from the Key West International Airport from the 1st day of March , • A.D. 1983 ' , the, same ending at mid- • • night on the, _ 28th day of February , A.D . .198. 4 . That the Consideration for said franchise to be paid by the Company to the County shall ,be in the sum of Three Hundred Dollars ($300 . 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 taxicab as aforesaid, the Company may also use as vehicular transportation from Key West International Airport limousines and/or vans which they'. own, possessand 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 , regulations and :rules of the County of Monroe , Florida, and the Company • 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 ordinance, insofar as they ' are applicable. 5 . As part of this agreement it is understood by. the parties here- to that the Company shall limit each payload from the Key West Interna- • -2- tional Airport; no more than four (4) passengers for, :each taxicab, .and no more than eight ' (8) passengers for each aimo.us'ine 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 harm- less 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 , successor and as- signs , and for this purpose . the said Company shall carry adequate Work- men' 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 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 Damage Insurance shall name the County as one of the parties insured. 7 . The, privileges cont.ained 'herein are personal, and .the -.Company agrees that he will not assignor 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 paragraph "1" hereof at the time such payments 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 proper -conduct and operation o.f the concessions granted herein, the abandoiinm not and discon- tinuance of the operation of the limousine and taxicab concession, o.r upon the non-performance by said Company of. any of the covenants herein- before or herinafter 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 -3- • 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 pos- session of said premises ; provided, however, that tlhe. failure of the County to declare :this agreement and concession terminated upon de- fault 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 del- Clare this agreement- null and void and at an end upon any subsequent violation of the terms of this agreement by the Company. 10 . It is muntually understood and agreed between the parties hereto that the driver of any limousine or taxi vehicle operating under this agreement shall be appropriately uniformed, . subje.ct 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; , • 1360 Duval Street, 'Key West , Florida, .33040 IN WITNESS 'WHEREOF, the parties hereto have caused -these presents to be executed all as of the. day and year first above written. • COUNTY OF MONROE, STATE OF FLORIDA •• By at e:. /./ M o and ,. hairman of the Board • ounty Commissioners-- of nroe County;. Florida (Seal) 71. g r ( Attest: Mini 3L� • . ikkt diL) MII Clerk . • . FIVE 6-6666 CAB tb . (Seal) • By• . • President Attest : • • • Secretary • APP via?AS TO FORM IN LAC SUFFICIENCY°,. LAY • Aumwel(a Office AGREEMENT • THIS AGREEMENT, entered into, this 18th day of. February 1983 , by .and between the COUNTY. OF MONROE , STATE OF FLOR•IDA, a political -- subdivision of the State of Florida, . hereinafter called- "County" , and . FIVE 6-6666 CAB CO . , a Florida corporation, hereinafter ;called "County", • WITNESSETH: • WHEREAS , the County does own and operate the Key West International 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. taxicab from the Key West International Airport from the . 1st day of March • , A.D. 1983 ' , the same ending at mid- night on the 28th day of February , A'.D. 198, 4 . That the Consideration for. said franchise to be paid by the C.ompany to the County shall be in the sum of Three Huridred •Dollars ($300 . 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 taxicab as aforesaid, the Company may also use as vehicular transportation from Key West International 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 •lws of the State of Florida.;.. the ordinances , regulations ' and 'rules of the County of Monroe , Florida, and the Company 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 ordinance, insofar as they are applicable. 5 . As part of this agreement it is understood by the parties here- to that the Company shall limit each payload from the .Key West Interna- .' - 2- tional 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 concesson. shall be borne by the Company, and further, .it shall indemnify and save forever harm- ' less 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 , successor and as- ' signs , and for this purpose the said. Company shall carry adequate Work- men' 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 , 00.0 . 00 for any 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 Damage Insurance 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 bp .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 'paragraph' "l" hereof- at the time such p4yments become due, the filing of a voluntary petition in bankruptcy the makin.g. 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 proper conduct and operation of the concessions granted herein, the abandonment and discon- tinuance of the operation of the limousine and taxicab concession, or . . upon 'the non-performance by said Company of any . of the covenants herein- before or herinafter 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 -3- • 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 pos- session of said premises ; provided, however, that the failure• of .the County; to declare this agreement and .concession terminated upon de- fault 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 del- _. • clare this agreement null and void and at an end upon any subsequent violation of the terms of this agreement by _the Company. - ' 10 . • It is muntually 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 • IN WITNESS WHEREOF, the parties hereto have caused •these presents to be executed all as of the ' day and year first above written. COUNTY OF MONROE STATE OF FLORIDA • • �'f' • cfi b a t�'J5 l By• Ma err and C airman of the Board ' • o ountyCommissioners of • ' M roe County;', Florida (Seal)• .. _., . . ,.._ ... .. �RQ WA1 nrpq.(yr.5a ° f pQa! ji e; Attest: � 'u� ` 'ti. ien� 61. .qua • • • .c • • 'Clerk . • FIVE 6-6666 CAB CD' . • (Seal) ' • By Pr ident Attest : • • gfidta 0-/ • • - Secre -ry • • APP &fQ AS TO FORM • iviti a AL SUFFICIENCY • . BY Azzarney s Office