Resolution 043-1983 RESOLUTION NO . 043- 1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
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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 18th day of February, A.D . 1983.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
C.-Ail
By ^), Y c, .
/ May;6r/Chairman
(SEAL) /
Attest : um @Ili Fj
P
•
Clerk ®
APPROVED AS TO FORM
81
B .s. Office 11
a
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•
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. AGREEMENT
•
THIS AGREEMENT; entered into this 18th day of : February ,
1983 , by and between FIVE 6-6666 CAB CO. , a Florida corporation herein-
after referred to as "Company" , and the BOARD OF COUNTY COMMISSIONERS
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 . 198 3 to render a service .
to be entitled and called a -"Tour Pickup" for and in consideration
.of payment of 'One .Hundred .Dollar. ($100 . 00) per. month,'.the first pay-
. ment of such sum to be made on ,the 1st day of : March
A.D.. 1983 .
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 .agreeinent. by the
Company, and it is further understood and agreed that a prerequisite
to a pickup under these conditions and circumstances shall only be
permitted by a .clearance with the Airport Director at least twenty-
four (24) hours prior to said pickup. In all events1,• clearance and
supervision of pickups shall be under the direction of the Airport
Director, -and in keeping with the conditions , of this agreement ,
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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 here-
of', the Company does agree hereby to indemnify and save harmless for- •
ever the Board from any and all claims for damages for any loss of
any nature o.r kind that may hereafter be caused by the Company or
any such- claim of damages that it shall be lodged against said Com-,
pany• for any reason whatsoever, whether it. be property .damage or
personal injury, and whether it be occasioned by the Company, its
• servants , agents , successors and assigns. Adequate Workmen' s Com-
pensation Insurance, as required by law, and public liability insurance
.shall be borne by and carried at all times prior to operations com
mencing •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 •
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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 payments become
due, the. filing of a voluntary petition in bankruptcyhe making of
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' 1
.any general :assignment for the benefit of creditors', 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 agreement and re-enter
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• 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 destory the right of the
Board to declare this agreement null . and void and at an end upon
' any subsequent violation of the terms ofthis 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 ,. Key West ; Florida 33040 .
IN WITNESS WHEREOF the parties hereto have affixed their names
and. seals on the day and 'year first above written.
FIVE 6-6666 CAB CO. '
•
•
(Corporate Seal) • ' By
President .
Attest :
• . Secretary
•
• BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
•
cr4U`�°�C. f �r°,� ' .✓ °fir r a�' '•
•
i•=
°`iMayor 'Chairman(2/ .
(Seal
?,p7� err! METE,
.. -.
Attest : � 9 tl 19 s ll E E9 Iuaaa�SE16��
•
•
Clerk ! .
APPROVED AS TO FORM
AIM LEGAL SUFFICIENCY.
kv •
'Attorney's Office
AGREEMENT •
•
THIS AGREEMENT, entered into this 18th day of . February
1983, by _ and between FIVE 6-66.66 CAB CO. , , a Florida corporation herein- .
after referred to as "Company" , and the BOARD OF COItIJTY COMMISSIONERS
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 . 198 3 to render a service
to be entitled and called a "Tour Pickup" for .and in consideration
of payment of One Hundred .Dollar. .($100 ..00) per. month, .the first pay-
ment of such sum • to be made on the 1st day of March
A.D. 198 3 .
. . 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
. 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. ef .the Airport
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 here-
of, the Company- does agree hereby to -indemnify and save harmless for-
ever the Board from any and all claims for damages for any loss of
. any nature or kind that .may hereafter be caused by the Company or
any such' claim- of damages that it shall be lodged against said Com-
pany for any reason whatsoever, .whether it be property damage or
personal injury, and whether it be occasioned by the Company, its
servants , agents , successors and 'assigns . Adequate Workmen' s Com- .
pensation Insurance, as required by law, and public liability insurance
shall be borne by and carried at all times ' prior to operations com- •
mencing by said Company. As concerns public liability insurance, the
Company shall carry the same in a denomination of not less than
$100 , 000 . 0.0 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 payments become
due, the filing of. a voluntary petition in bankruptcy, . the making of
r. •
any general assignment for the benefit of creditors, 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. s'aid 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 agreement and re-enter
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and take possession of ' said. premises ; and the Company.. hereby waives .
any notice of such election, notice to quit possession pf the premises ,
or any demand for payment of the amounts agreed upon a 's .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 destory 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
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office of the Company by certified mail, said office .being located at
1300 Duval Street, Key West , Florida 33040 . . • •
IN WITNESS' WHEREOF the parties hereto have affixed their names
and seals on the day and year first above written. •
. FIVE 6-6666 CAB CO. '
(Corporate Seal) By • O
Presid nt
Attest :
i ' -( iy?PAL..
Secretary
BOARD OF COUNTY COMMISSIONERS
' OF MONROE COUNTY, FLORIDA
1.
" �a' g j A
. By • Jy
. • • Mayo//Chairman
(Seal) '�-
q P� .� �``} •
r�,
•
Attest: '- L � is `Iia 9 uiLi� .. . ..
jil 1%Aki' PA A,CO. • i 11 .' 1°A;11‘It k it)I 0 C . • . ; .
• APPROVED AS TO FORM
AND,LEGAL SUFFICIENCY.
• Ey . . •
Attorney's Office