Resolution 047-1983 4
RESOLUTION NO . 047- 1983
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
BUGGY BUS, INC. , d/b/a OLD TOWN TROLLEY 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 Buggy Bus , Inc. , d/b/a Old Town Trolley, 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 MON COUNTY�,�FORIDA•
/
/44,7 //)
_ By
B Mayor/Chairman
(SEAL) �P
Attest : L. .MT , CLERK ,
• PAjA eL ,Clerk
APPR ' O 4S TO FORM
APID ':SAL SUFFICIENCY. A
AtEOmey's Orifice
•
AGREEMENT'
THIS AGREEMENT, entered into : this 18th day of : February
1983 , by and between BUGGY BUS , INC. , d/b/a OLD TOWN TROLLEY, a
Florida corporation, hereinafter 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 pairties , together with the monetary
consideration hereinafter referred to, the parties .do covenant and
I
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 Dollars ($100 . 00) per month, the 'first payment
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
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 Airport
except under the terms and conditions of .this agreement by the Company,
and. it is further. understood and agreed that a prerequisite -Co a pickup
under these conditions and circumstances shall only be permitted by a
clearance with the Airport Director at least twenty- our" (24). hours
- • prior to said pickup. . In _-all events , clearance and supervision of pick- •
. ups shall be under . the direction. of the Airport "Director,, and' in -keeping
•
} _2-
•
with the conditions-, of this agreement , none shall be scheduled nor
accomplished, except by his sanction, under the terms' liereof.'
5 . As-Concerns the use . of the Key West International Airport
for said pickup or' pickups , all o,f, 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 harmless forever
• the Board. from any and all claimslfor 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 Company for any
reason whatsoever, whether it be property damage or personal injury,
and whether it be occasioned by the Company, its servants , agents suc-.
cessors and assigns. Adequate Workmen' s Compensation Insurance, as .
required by law, and public liability 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 .no.t 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 'Company
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
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 prvileges 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
=3-
• mentioned by it to be kept and performed, said Board 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 elec_
tion, notice to quit possession o.;f 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
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 1910 North Roosevelt Boulevard,i Key West , Florida 33040 .
IN WITNESS WHEREOF" the . parties hereto have affixed their names
and seals on the day and year first above written.
• BUGGY BUS , INC. , d/b/a OLD TOWN
. TROLLEY
•
• By
(Corporate Seal) • • President
Attest: .'
•
•
Secretary • ' .
•
• BOARD OF COUNTY COMMISSIONERS
•
OF MONROE COUNTY,..FLORIDA
rt .
Bto%f'(La✓F l/�i•=..�:'es,r;°b= t
Y
- Mayon'/Chairman
(Seal) •
Cnt•
•
• • Attest : °i: ,g.. ,�, :; L
t. Likdi
• Mot.
Clerk
• APPROE4 AS TO FORM
A O, AL SUFFICE qv.
' LAY
Attorney's Office