Ordinance 1480 ORDINANCE NO. 1480
AN ORDINANCE GRANTING TO MALL TRANSPORT, INC. ,
A FLORIDA CORPORATION, AND TO ITS SUCCESSORS
AND ASSIGNS, THE RIGHT TO USE THAT PORTION OF
LINCOLN ROAD LYING WEST OF THE WESTERLY LINE
OF WASHINGTON AVENUE TO THE EASTERLY LINE OF
ALTON ROAD, OTHERWISE KNOWN AS THE LINCOLN
ROAD MALL, AND ANY FUTURE EASTERLY AND/OR
WESTERLY EXTENSION OF SAID MALL ON SAID
LINCOLN ROAD, IN THE CITY OF MIAMI BEACH,
AND ITS SUCCESSORS FOR AND DURING A PERIOD
OF FIVE (5) YEARS, FOR THE PURPOSE OF ESTAB-
LISHING, OPERATING AND MAINTAINING A VEHICULAR
TRANSPORTATION SYSTEM FOR TRANSPORTING PASS-
ENGERS FOR COMPENSATION, IN CONFORMITY WITH
AND SUBJECT TO ALL PROVISIONS, TERMS AND
CONDITIONS HEREIN RECITED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: GRANT - That, for the purpose of providing all
persons in the City of Miami Beach (herein called
the "City") with the benefits. and advantages of a public trans-
portation service, there is hereby granted to Mall Transport,
Inc. (Herein called the "Grantee") , a Florida corporation with
its office and place of business in the City of Miami Beach
and to its successors and assigns, the right to use that portion
of Lincoln Road lying west of the westerly line of Washington
Avenue to the easterly line of Alton Road, otherwise known as
the Lincoln Road Mall and any future easterly and/or westerly
extension of said Mall on said Lincoln Road in the City of Miami
Beach, and its successors for and during a period of five (5)
years, for the purpose of establishing, operating and maintaining
a vehicular transportation system for transporting passengers
for compensation, in conformity with and subject to all pro-
visions, terms and conditions herein recited. The term
"vehicular transportation system" shall mean the organized and
coordinated vehicular transportation service provided for hereby,
and all property owned, operated and maintained in the rendition
thereof, for transporting passengers for compensation, the en-
joyment and exercise of the right hereby granted to be at all
times subject and subordinate to the dominant right of the public
to use that portion of Lincoln Road lying west of the westerly
line of Washington Avenue to the easterly line of Alton Road,
otherwise known as the Lincoln Road Mall and any future easterly
and/or westerly extension of said Mall on said Lincoln Road in
the City of Miami Beach, and to the lawful exercise of control
by the City of Miami Beach over the use thereof and in conformity
with and subject to all provisions, terms and conditions herein-
after recited. That the City hereby reserves the right at and
after the expiration of this grant, as provided by the Laws of
Florida in effect at the time of Grantee 's acceptance hereof,
including Section 167.22 of the Florida Statutes 1959, and as
a condition precedent to the taking effect of this grant, Grantee
shall give and grant to the City the right to purchase so reserved.
Grantee shall be deemed to have agreed to all of the provisions
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OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE-MIAMI BEACH 39,FLORIDA
of this ordinance and to have given and granted such right of
purchase so reserved by Grantee ' s acceptance hereof, which shall
be filed with the City Clerk within ten (10) days after this
ordinance takes effect.
SECTION 2: CONSIDERATION FOR GRANT - That, for and in consider-
ation of the grant by the City of all the several
rights set forth in this ordinance, and in consideration further
of the enjoyment and exercise of such rights by the Grantee, the
Grantee agrees and obligates itself to pay unto the City the
following sums and amounts, subject to the terms and conditions
herein stated: In full payment by the Grantee of any and all
excise taxes which are or shall be levied by the City under
existing or future ordinances for the privilege of using that
portion of Lincoln Road lying west of the westerly line of
Washington Avenue to the easterly line of Alton Road, otherwise
known as the Lincoln Road Mall and any future easterly and/or
westerly extension or contraction of said Mall on said Lincoln
Road, in the City of Miami Beach, the said Grantee shall pay
annually to the City, in lawful money of the United States, a
sum equal to two (2/) per cent of the first One Hundred Twenty
Five Thousand ($125,000 .00) Dollars of the gross annual receipts
of the Grantee, provided, however, that in no event shall such
annual payment by the Grantee to the City be less than Five
Thousand ($5,000 .00) Dollars; said sum of Five Thousand ($5,000 .00)
Dollars to be payable, in advance, on the first day of each year;
the amount due for any period of less than one year shall be
computed and paid on a pro rata basis. The Grantee shall also
pay, in addition to the foregoing sum, an additional annual
sum equal to the following percentages of the gross annual re-
ceipts of the Grantee: Ten per cent (10%) of any sum in excess
of $125,000 .00 up to $150,000 .00; Twenty per cent (20%) of any
sum in excess of $1.50,000 .00 up to $200,000 .00; Fifty per cent
(50%) of any sum in excess of $200,000 .00 . Gross annual receipts
are hereby defined to mean the gross receipts from the transpor-
tation of passengers, and including all revenue derived from
the operation of said vehicles. The Grantee shall, on or before
the 15th day of February of the year 1964 and each subsequent
year during the term of this franchise, file with the City Clerk
of said City an original and one copy of a statement of said
gross annual receipts verified by the oath of the general manager,
chief fiscal officer or other executive officer of said Grantee,
in such form and detail as will inform the City of the amount
of said gross annual receipts received by said Grantee during
the twelve months preceding the first day of January of the year
in which said statement is filed. Within thirty (30) days after
the filing of said statement said Grantee shall pay to the City
the sum representing the percentage of gross annual receipts
herein specified. The City, by its City Manager, or any certi-
fied public accountant designated by the City Manager, may at
any time during business hours make examinations at the Grantee ' s
office or offices of any and all of its books and records, for
the purpose of verifying the statement of any of the receipts
herein provided for.
SECTION 3 : RATES OF FARE - That, subject at all times to the
provisions of this ordinance and such changes or
modifications as the City Council or such other governmental
regulatory or governing authority, commission, body or agency
in which rate regulatory power over the Grantee may be vested
by law may make through the exercise of its rate regulatory
authority, the following rates of fare shall govern and control
the rendition of vehicular transportation system service hereunder:
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OFFICE OF CITY ATTORNEY- 1 130 WASHINGTON AVENUE-MIAMI BEACH 39,FLORIDA
(a) Cash fare for a single trip in the same
general direction between any two (2)
points on said routes shall be ten
cents (10(,,) .
SECTION 4: BASE ROUTES CRL .INGES IN - NEW ROUTES - OTHER ROUTES
AND SERVICES o That, for the purpose of the Grantee
maintaining and operating during the effective period hereof a
unified vehicular transvort,-:,tion system and providing adequate
service at all times throughout the effective period of this
ordinance) any base route now established by the Grantee may
be changed or discontinued at the initiation of either the City
or the Grantee. No such change, discontinuance or addition shall
be effected, however, until thirty (30) days after the party
desiring the same shall have served written notice thereof upon
the other, unless both parties shall mutually agree that said
thirty (30) days ' notice shall be waived or modified. In the
event that the party receivJ-11ng such notice shall not approve of
the change, discontinuance or addition of route as proposed
therein) such party shall forthwith file its written objections
thereto with the party givin6 such notice. Thereupon, both
parties shall make every effort to adjust their differences of
opinion relative to such proposed change, discontinuance or
addition of route and upon their failure to reach an amicable
agreement within five (5) days from the E-ling of said written
objections , either party shall have the right to submit all
matters in dispute to the City Council which shall act in the
matter by resolution. ii le any and all such matters in dis-'
pute are before the City Council and until it so acts in the
matter the status existing, prior to the occurrence of such dis-
pute shall be maintained by both the City and the Grantee.
Provided., however., that the change or discontinuance of base
routes or the action of the City under th-,,,',-s ordinance shall not
defeat., impair or otherwise adversely affect this grant or the
purpose thereof.
SECTION 5: VEHICLE STOPS LOADING ZONES AND PARKING SPACES -
That vehicles operated under the provisions of this
ordinance shall stop, upon signal, at stops designated by the
City. The City will permit vehicles to be parked in one of its
nearby off-street parking lots at a location and charge desig-
nated by the City. Initially the charge ohall ba $72.00 per
year for each parking space occupied. In the upper level. and
$150.00 per year in the lower level of thl.-- north Lincoln Lane
double deck parking area.
SECTION 6: VEHICLE RE TS - That the following general
requirements shall apply to all vehicles operated
hereunder:
(a) No vehicles sl:,-,11 be operat_:�d for the rendition
of any service hereunder:
(1) If the condition of such vehicles, in the
opinion of a duly authorized representative
of the City renders it unfit for such
service; hazardous to the public, or
noisy in operation.
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(2) Each vehicle, (tractor and trailer) shall
have a minimum seating capacity of eleven
(11) passengers and a maximum seating
capacity of seventeen (17) passengers and
shall be of modern design, transit type,
and propelled only by electrical power
from batteries.
(3) The equipment of each vehicle shall fulfill
such specifications as may be required by
the City from time to 't-Lime including any
and all additional safety devices as may
be required from time to time by the City.
(4) All vehicles shall be painted alike according
to a design and in n color or colors ap-
proved by the City.
(5) ®n the outside of each vehicle there shall
be painted in letters sufficiently large
to be clearly visible from a distance of
ten (10) feet:
(aa) The name of the Grantee.
(bb) The identification number assigned
to such vehicle by the Grantee, such
number to be painted on all sides
thereof.
(6) Vehicles shall not carry any displays, adver-
tis-'P.ng or other matter of whatsoever nature
other than that set forth in sub-paragraph
(a) 5 of this Section.
SECTI®N 7: CITY INSPECTION OF VEHICLES - That all vehicles
operated hereunder shall be maintained in good repair
so that they will be suitable and safe at all times for operation
in public service* The Grantee shall permit the City to make such
inspections of vehl-cles as the City shall deem necessary in the
public interest , and shall comply in every respect with the pro-
visions of all ordinances relating to the inspection of motor
vehicles by the City. No vehicles shall be placed in service
prior to inspection and approval of the condition thereof by the
City. At the time of the first inspection and approval, the City
shall adopt for each vehicle the same identification number assigned
thereto by the Grantee, and such identification number shall not
thereafter be changed so long as such veh-icle is operated by the
Grantee. Any vehicle which, upon inspection, shall be found to
be unfit for operation hereunder shall imme-diately be withdrawn
from service, and the Grantee shall not return such vehicle
to service until all defects shall have been corrected and the
vehicle shall have been inspected and approved by the City. ill
operators of vehicles shall have a valid State of Florida chauffeur' s
license., and shall comply with state and local requirements.
SECTI®N 8: STANDARD OF E T AND SERVICE - MANAGEMENT - That
the Grantee shall maintain at a high standard of opera-
ting efficiency all property comprising the vehicle system provided
for hereby, and shall also maintain a standard and quality of
vehicle transportation service -adequate to meet all reasonable
demands, when measured by the value and convenience thereof to the
traveling public. Vehicles shall be operated in such numbers and
during such hours as may be required to properly serve the public,
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In the event that the Grantee and the City shall at any time
be unable to reach an agreement relative to any question of
failure by the Grantee to maintain proper standards of service
hereunder, or relative to any question of misuse of any right
granted hereby, all matters in d-Lspute shall be submitted to
the City Council, which shall act in the matter by resolution.
SECTION 9: INDEMMITY TO CITY - PUBLIC LIABILITY - The City
shall in no way be liable or responsible for any
accident or damage that may occur in the operation and main-
tenance of Grantee' s vehicular transportcation system or vehicle
service hereunder, and the acceptance of this ordinance by
Grantee shall be deemed 31,11 agreement on the part of Grantee
to indemnify City and hold it harmless against any and all
liability, loss, cost, damage or expense, which may accrue to
City by reason of the neglect, default or misconduct of Grantee
in the operation and m"nintenance of Grantee ' s vehicular transpor-
tation system or vehicle service hereunder.
That the Grantee shall file with the City Clerk and
keep in full force and. effect at all times during the period of
this grant adequate cash deposits, or bonds or insurance policies
or a combination of same i-.o protect the public for injury, loss
or damage to person or property by reason of the operation of any
motor vehicle employed as part of the vehicular transportation
system provided for hereby. The Grantee shall be permitted to
be self-insurer in an amount not to exceed $20 ,000.00, providing
that excess coverage over the amount shall be maintained with an
insurance company acceptable to the City the penal sum of not
less than $100 ,000/300,000 for any one acci&nt resulting in the
death or injury to a person or persons and not less than $5 ,000 .
for damage to property.
SECTION 10: CITY TO AVE REFUSAL - That in the event the Grantee
at any time prior to the expiration of the franchise
granted hereby desires and decides to dispose of said franchise
and its other assets it shall upon receipt of a valid and firm
offer therefor subi-At the same to the City whjilch shall have the
privilege and first right and opportunity to purchase the fran-
chise granted hereby and such other assets at the same price and
on the same terms as shall. have been fixed and agreed upon by
and between the Grantee and the other offeror to the end that
the City shall to the exclusion of every other person have the
option, right and privilege of purchasing said franchise granted
hereby and the other assets of the Grantee at the price and upon
the terms validly and bonaf-,Ldely offered by any other; provided,
however, that the City must exercise such opt-Lon within sixty
(60) days after receipt by the City of the terms and conditions
of such proposed sale and if the option is exercised then the
City will enter into a contract of purchase wJ-11-th the Grantee
within such sixty-day period which will bind the City to con-
summate such purchase within an additional period of thirty
(30) days unless bonds have to be validGted for such purpose,
in which event the City will use its best efforts to validate
such bonds with all reasonable dispatch. If the court, after
the City has used its best efforts to accomplish the same, shall
refuse to validate such bonds then the City will be absolved from
all liability to purchase.
In the event that the best offer of another for the
purchase of the property hereinabove referred to shall be met
5
p®y the City, the City shall have the right tc prepay any part
of the purchase price without penalty or pre-mium and its decision
so to do shall not be deemed a variance between the offer made
by another and the actual purchase contract made by the City.
SECTION 11: FORFEITURE OR REVOCA,LTION OF GRANT - 'That failure
on the part of Grantee to comply in any substantial
respect with any of the provisions of this ordinance shall be
grounds for a forfeiture of this grant, but no such forfeiture
shall take effect if the reasonableness or propriety thereof is
J
protested by Grantee until a court of competent jurisdiction
(with right of appeal in either party) shall have found that
Grantee has failed to comply in a substantial respect with any
of the provisions of this franchise, and the Grantee shall have
a reasonable period of time (which shall be fixed by such court
in its decree) after the final determination of the question to
make good the default before a forfeiture shall result with the
right in the City at its discretion to grant such additional
time to Grantee for compliance as necessities in the case require;
provided, however, that the provisions of this section shall not
be construed as impairing, any alternative right or rights which
the City may have with respect to the forfeiture of franchises
under the Constitution or the general larvas of Florida or the
Charter of the City. Provided further that any violation or
default resulting from r-,, strike, al lockout, an act of God or
any other cause beyond the control of the Grantee shall not
constitute grounds for revoking and cancelling any rights here-
under. In the event that the Grantee, upon receipt of written
notice from the City, should dispute or deny the existence of
the violation or default therein asserted., the Grantee shall
have the right, within said five-day period following the
receipt of said notice, to submit all matters in dispute to the
governing body of the City, which shall determine the matter
and evidence such determination by resolution.
SECTION 12: For the purpcsrs of guaranteeing to the City the
full and faithful performance by the Grantee of
each and every duty and obligation imposed upon it by this
grant, the Grantee shall, at all times during the term and
period of this franchise, have delivered and deposited with
the City Clerk, a Surety Bond in the penal sum of fifty thousand
dollars ($50 ,000.00) , to be executed by the Grantee in such
form and by such Surety Company as shall be approve-d by the
City Zatorney, and conditioned for the faithful observance by
the Grantee of all the terms and conditions imposed upon it by
this franchise and grant.
SECTION 13: TERMINATION OF GRANT BY INSOLVENCY OR BANKRUPTCY
OF GRA&ITEE OR DISCONTINUANCE OF WILL - That., -_'�n
the event of the insolvency 'or bankruptcy of the Grantee, the
City shall have full power and authority to terminate, revoke
and cancel any and all rights granted under the provisions of
this ordinance; that, upon discontinuance of the Mall as a
pedestrian way, all Grantee' s rights shall terminate.
SECTION 14: That the right is reserved to th-%- City to question
by judicial review in any court having jurisdiction
in the matter the reasonableness and propriety of any of the
Grantee' s actions under any provision of this grant and similar
right is so reserved to the Grantee to so question any of the
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Cityls actions under any provision of this grant.
SECTION 15: CONDITIONS LPEON SiiLE, ASSIGNMENT CR TRANSFER OF
FRtANCHISOE - No sale, assignment or transfer of
the rights granted hereby shall be by the Grantee unless the
Grantee shall have filed written notice thereof with the City
Clerk at least sixty (60) days prior to date of the proposed
sale., assignment or transfer, and unless subsequent to the
filing of such notice, the City Council shall have, by reso-
lution, approved and consented to such sale, assignment or
transfer. If the Grantee of the franchise hereby granted
be a corporation, the sale of a majority or controlling. -Lri-
terest of the stock there-i"n, shall be deemed "" sale, transfer
or assignment of this franchise.
SECTION 16: NOTICES - That all notices which may be required
hereunder shnil be sufficient if sent by registered
mail or by telegram to the then President of the Grantee at the
address given as the place where its registered office is located,
or to the then City Clerk of the City of Miami Beach, Florida.
SECTION 17: EFFECTIVE D�"ZTZ - That this ordinance shall take
effect as soon as it has been approved by a majority
of the qualified voters of the City of Miami Beach voting thereon
at an election for such purpose; but the effective date thereof
shall not be less than forty (40) days after the final passage
hereof.
SECTION 18: REPEALING SECTION - That all ordinances or parts
of ordinances, insofar as they are inconsistent
with or in conflict with the provisions of this ordinance, be
,-nd the same are hereby repealed.
SECTION 19: SAVING PROVISION - That,, if any section, part of
sections, paragraph, sentence or clause of this
ordinance shall be adjudged by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of
any other portion hereof, but shall be restricted and limited
in its operation and effect to that specific portion hereof
Cnvolvpri in the rnntrnvcLr,--,y 5-n which such decision shall have
been rendered.
PASSED and ADOPTED this 16th day of January, 1963.
Ma y o r
ATTEST:
Cityglerk
1st reading - January 2 , 1963
2nd reading - January 2, 1963
3rd reading - January 16, 1963
POSTED - January 22 , 1963
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STATE OF FLORIDA
COUNTY OF DADE:
I, R. WM. L. JOHNSON, City Clerk of the City of Miami
Beach, Florida, do hereby certify that Ordinance No. 1480
entitled:
"AN ORDINANCE GRANTING TO MALL TRANSPORT, INC. , A FLORIDA
CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS, THE RIGHT
TO USE THAT PORTION OF LINCOLN ROAD LYING WEST OF THE
WESTERLY LINE OF WASHINGTON AVENUE TO THE EASTERLY LINE OF
ALTON ROAD, OTHERWISE KNOWN AS THE LINCOLN ROAD MALL, AND
ANY FUTURE EASTERLY AND/OR WESTERLY EXTENSION OF SAID MALL
ON SAID LINCOLN ROAD, IN THE CITY OF MIAMI BEACH, AND ITS
SUCCESSORS FOR AND DURING A PERIOD OF FIVE (5) YEARS, FOR
THE PURPOSE OF ESTABLISHING, OPERATING AND MAINTAINING A
VEHICULAR TRANSPORTATION SYSTEM FOR TRANSPORTING PASSENGERS
FOR COMPENSATION, IN CONFORMITY WITH AND SUBJECT TO ALL
PROVISIONS, TERMS AND CONDITIONS HEREIN RECITED. "
having been passed and adopted by the City Council of the City
of Miam Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door of
the City Hall in said City on the 16th day of January, 1963, and
that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida, on
this the 6th day of March, 1963.
Cil Clerk
i
Nov. 8, 1965
St. Dresner, Miami Beach Police Dept.
Insurance policy, Mall Transport, Inc.
Here is the insurance policy on Mall Transport which has
been kept in your files at the Police Station. I have had it
here for sometime. . .It has been approved by the City Attorney
(Mr. Robbins, to be exact)
It expires May 8, 1966.
R. WM. L. JOHNSON, City Clerk
By:
Deputy
enclosure.
cc. Safety Engineer
NATIONAL SURETY CORPORATION
CONTINUATION CERTIFICATE
PA
vurnox cava rurG Bvxe wxvs wxnxum TaeN Tax m
am 5 e '021 6 Sur 3196 08 3-6-65 2 3-6-66
x•Mall Transport, Inc.
City of Miami Beach Florida
r wxe pATm AMT.01 LIAR. :ft,fi
❑ roll. ornmAL ❑ nonce [ Buam Mareh 6. 19611 • 50.000.00 • 'T 0 00
Q UTep AT Icor .WYAT ) pAn
Chicago, Illinois February 10, 1965
In consideration of an agreed premium payable in advances the Bond described above is hereby continued in
force for the period indicated. Continuation is subject to the condition that the maximum aggregate liability of
the Surety under the Bond and any Rod all continuations thereof shall in no event exceed the amount of liability
Shown herein. Thi• certificate shall be valid only when executed by an attorney-in-fact of the Surety.
NATIONAL SURETY CORPORATION
A Member of fireman's Fund m uraece Companies
Chicago Branch Office SURETY
BRANCH OMC[
Her n & Lefkow '�cs
---- ----------- -------
11i
0ll AOQIi__________ Ma 1x.rA
a T ?#�'N�T
e n1aCG?e4Yx� m .x.A. OBLIGEE OR INSURED By Q
nt
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, MALL TRANSPORT, INC, of
Miami, Florida (hereinafter called Principal), as Principal, and NATIONAL
SURETY CORPORATION, a New York Corporation duly authorized to transact the
business of suretyship in the State of Florida with an office and place of
business at 1401 S. W. First St., Miami, Florida, as Surety, are held and
firmly bound to the CITY OF MIAMI BEACH, Florida, (hereinafter called Obligee),
as Obligee, in the sum of FIFTY THOUSAND and 00/100 ($50,000.00) DOLLARS, for
the payment of which well and truly to be made we bind ourselves, our successors
and assigns, ,Jointly and severally, firmly by these presents.
WHEREAS, by ordinance illy adopted by the City Council of Obligee
and approved by a majority of voters Principal has been granted a franchise
to establish, operate and maintain a transportation system the provisions of
which are more particularly described in said Ordinance No. 1480;
NOW, THEREFORE, the condition of this obligation is such that if
Principal shall fully and faithfully perform each and every duty and obligation
imposed upon it under the aforesaid Ordinance, then this obligation shall be
null and void, otherwise to remain in full force and effect, subject, however,
to the following express conditions:
1. This bond shall cover obligations of Principal under
said Ordinance during the period beginning March 6,
1964 and ending March 6, 1965, provided, the Surety
gives 30 days notice of expiration to the obligee.
2. This bond shall be construed to be, and is, one of
indemnity only.
3. This bond may be renewed annually on March 6th for
an additional period of one year by continuation
certificate executed by Principal and Surety, pro-
vided however, that the maximum aggregate liability
[� of Surety hereunder and under any and all continuations
of this bond shall in no event exceed the present
1 amount thereof.
Signed, sealed and dated this 25th day of February, 1964,
MALL TRA! PORT, INC.
Y« PREJ
NATI-� S C iRPORATICN
Witnes �� B
Atte •nay-In-Fact v
.pwu0 E. Faulkner
NATIONAL SERKTY CORPORATION
A Member of Fireman's Pond Insurance Companies
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,that NATIONAL SURETY CORPORATION,a Corporation duly organized
and existing under the laws of the State of New York, and having its principal office in the City of New York New York and
its home office in the City and County of San Francisco, California, (hereinafter called the Corporation), has made, constituted
and appointed, and does by these presents make, constitute and appoint
EDWARD FAULKNER
of—__.. CHICAGO ___and State oI_-LL I N9.O S ._.._-- —_—
its true and lawful Attorney(a)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute,
seal, acknowledge and deliver ANY AND ALL BONDS, RECOGNIZANCES, CONTRACTS, AGREEMENTS OR
INDEMNITY AND OTHER CONDITIONAL OR OBLIGATORY UNOEWTARINGSg
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with
the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said
Atto nry(s)-in-Fact may do in the premises.
IN WITNESS WHEREOF, NATIONAL SURETY CORPORATION has caused these presents to be signed by its
Vice President attested by its Assistant See me and its corporate seal to be hereto affixed -------day of
OCTOBER __A,D., 19__O3
- NATIONAL SURETY CORPORATION
By— _ Co A. KEPPLER
-- _..—...._._.___........_—
[Seal] Vice President
ATTEST: __._ H. L. JOHNSON
Assistant Secretary
STATE OF NEW YORK ae.:
COUNTY OF N$W YORK
On this— <+.__.—day oF___.. OCTOBER A,D., 19---63..... before me personally
came_ C. A.___KEPPLER _ _ to me known, who, being by me
duly sworn, did depose and as that he is Vice President of NATIONAL SURETY CORPORATION, the Corpporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal afhxed to the
said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he
signed his name thereto by like order. And said. C. A, KEw PLEA
STATE OF RLINOIS,
cootrry OF COOK }n'
]e _t L_
Notary Public of Cook (:Dort a
ty, in the State o Illinois, do hereby certify that
FAVArd Fifulk,B, _ ________ Attorney in fact,
of NATIONAL SURETY CORPORATION, who is personally known OR me to
be the Name person whose name is subscribed In the foregoing instrument, appeared
before me this day in person and acknowledged that he signed, sealed and delivered
said instrumen% for and on behalf of NATIONAL SURETY CORPORATION
for the uses and purposes therein set forth
Given Under my hand and notoria) seal at my office in the City of
in said Comity,this 251h _day oL_ PebroB�___ A. D. m
MY COMMISSION EXPIRES JU&PGryfmbtrr.
M-BN3029 (Reps. F21705)
Assistant Secretary of
[Corporate Seal] NATIONAL SURETY CORPORATION
STATE OF——_!LI-INOI®__________._._ I
COUNTY OF.—.__cook I4 ss.:_—- I
I LUMAN E. WILLIAM® ,sBabiggg Assistant Secretary of NATIONAL SURETY
CORIPORATION, a corporation of the State of New York, do hereby certify that the above and foregoing is a full, true and
correct copy of the original power of attorney issued by said Corporation and that I have compared moreIf the or and
that it is a correct transcript therefrom and of the whole of the original. Said power of attorney is in full force and effect and
has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of
CHICAGO-_ this--2r1tJ1----day of-----aI}n-=
BN 21ONA vas 6&11EN
RaAssistant Secretary
PERFORIdANCE 30ND
KNOW ALL WEN BY THESE PRESENTS, that we, MALI TRANSPORT, INC, of
Miami, Florida (hereinafter called Principal) , as Principal, and NATIONAL
SURETY CORPCRATION, a New York Corporation duly authorized to transact the
business of suretyship in the State of Florida with an office and place of
business at 1401 S. W. First St. , MiAmi, Florida, as Surety, are held and
firmly bound to the CITY OF MIAMI BEAM, Florida, (hereinafter called Obligee) ,
as Obligee, in the sum of FIFTY THOUSAND and 00100 ($50,000.00) DOLLARS, for
the payment of which well and truly to be made we bind ourselves, our successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, by ordinance duly adopted by the City Council of Obligee
and approved by a majority of voters Principal has beer. granted a franchise
to establish, operate and maintain a transportation system the provisions of
which are more particularly described in said Ordinance Ilo. 1487;
NOW, THEREFORE, the condition of this obligation is such that if
Principal shall fully and faithfully perform each and every duty and obligation
Imposed upon it under the aforesaid Ordinance, than this obligation shall be
=11 and void, otherwise to remain in full force and effect, subject, however,
to the following express conditiona-
l. This bond shall cover obligations of Principal under said
Ordinance during the period beginning February 15, 1963 NL"OF`"I`''"`"
and ending February 14, 1964, Provided, the Surety gives 4ktA0
30 days notice of expiration to the obligee.
2. This bond shall be construed to be, and is, one of in— J-
demaity only.
Signed, sealed and dated this 13thday of Jnae, 1963.
MALL TRANSPORT INC.
Attests BY _
0 NATIONAL SURETY CORPORATION
Witness: By C3-
Attorney—in—Fact
P. F. Granahan
Patricia Campion ddTT"--
NATIONAL SURETY CORPORATION
A Member of The FUND Insurance Companies
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS.that NATIONAL SURETY CORPORATION,a Corporation duly organized
and existing under the laws of the State of New York, sad having its principal office in the City of New York, New York and
its home office in the City and County of San Francisco, California, (hereinafter called the Corporation), has made, constituted
and appointed, and does by these presents make, constitute and appoint
Ps F. GRANAHAN
CHICAGO ILLI N018
of.__-- _and State of..________.._._..._._...__..__._—..._.____
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute,
seal, acknowledge and deliver ANY AND ALL BONDS, RECOONIZANCES, CONTRACTS, AGREEMENTS OF
INDEMNITY AND OTHER CONDITIONAL OR OBLIGATORY UNDERTAKINGS=
and to bind the Corporation thereby m fully and to the same extent as if such hands were signed by the President, sealed with
the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said
Attorney(.)-in-Fact may do in the premises.
IN WITNESS WHEREOF, NATIONAL SURETY CORPORATION has caused these presents to be signed by its
Vice President, attested by its Assistant Secretary, and its corporate seal to be hereto affixed this._...._�K_._—._day of
ARR IL
NATIONAL SURETY CORPORATION
By--_._..._._._._ S. O. DRAKE
[Seal] Vice President
ATTEST: H. L. JONNBON
Assistant Secretary
STATE OF NEW YORK l
r u.:
COUNTY OF NEW YORK
On this IST day of-- APRIL__-__----_— _�1.D., 19-59-, before me personally
S^ D. DRAKE _.._ _..... —_. to me known, who, being by me
duly sworn, did depose and say that he is Vice President of NATIONAL SURETY CORPORATION, the Corporation
described in and which executed the above instrumrnt; that be knows the seal of mid Corporation; that the seal affixed to the
said instrument is such corporate seal; that itcase so affixed byy or er of the Board of Directors of said Corporation and that he
signed his name thereto by like order. And said E. U• RAKE
further said that be is acquainted with— H. L. .JOHNSON
_ --_—.._.._---------------_ __
........... ._
Notary Public of Cook County,in the of Illinois, do hereby certify that
P F Granahan _—_ Attomey in fact,
of NATIONAL SURETY CORPORATION, who is personally known to me to
be the same person whose name is subscribed w the foregoing instrument, appeared
before me this day in person and acknowledged that he signed, sealed and delivered
said instrument, for and on behalf of NATIONAL SURETY CORPORATION
for the uses and purposes therein net forth.
Given under my hand and notarial seal at my office in the City of
in said County,this.l5t�_._day of FBk^tazy --_, A. D. I9-§3
mY coNu/s-:O;d Ju'_` -. i`$(D1mr Pxblir.
M-BN3029 (Reel. T21705)
Assistant Secretary of
[Corporate Seal] NATIONAL SURETY CORPORATION
STATE OF._ NEW YORK
NES- WK } sn.: •
COUNTY OF__—..__.....Y._...._._.
H. L. JOHNSON - > E Assistant Secretary of NATIONAL SURETY
CORPORATION, a corporation of the State of New York, or hereby certify that the above and foregoing ie a full, true and
correct copy of the original power fr attorney issued by said Corporation and that I have compared some with
or the original and
that it is a correct transcript therefrom and of the whole of the original. Said power of attorney is in full farce and effect and
has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of
NM YORK thi.._ 15th .day of FEb;'ltary, 1964
LOIMIEAssisfan Secretary
x.ex aux ,s-R
NATIONAL SURETY CORPORATION
A Msmber of Th. FUND Insurance Companies
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that NATIONAL SURETY CORPORATION,a Corporation duly organized
and existing under the laws of the State of New York, and having its principal office in the City of New York, New York, and
its home mfie. in the City and County of San Francisco, California, (hereinafter called the Corporation), has made, constituted
and appointed, and does by these presents make, constitute and appoint
WILLIAM E. HOOD
of. CHICAGO _--and State of.._.__._—_......._..._ILLINOIS
__-_-__-____
its true and lawful Attorney(s)-in-Fact, with fall power and authority hereby conferred in its name, place and stead, to execute,
seal, acknowledge and deliver ANY AND ALL BONDS, RECOGNIYANCES, CONTRACTS, AGREEMENT$ OF
INDEMNITY AND OTHER CONDITIONAL OR OBLIGATORY UNDERTAKINGS;
and to bind the Corporation thereby as fully and to the same extent as if such limits were signed by the President, sealed with
the Corporate seal of the Corporatmn and duty attested by its Secretary, hereby ratifying and confirming all that the said
Attorney(a)4n-Pact may do in the premises.
IN WITNESS WHEREOF, NATIONAL SURETY CORPORATION has used these presents t be signed by its
Vice P...idept. attested by its Assistant Secre , and its corporate seal to be hereto affixed this._—__' M------------day of
_- rI PRIL _ A.D., 19 .
NATIONAL SURETY CORPORATION
By--___-.-.. C. A. KEPPLER
[Seal] Vice President
ATTEST: H. L. JOHNSON
1 Assistant Secretary
STATE OF NEW YORK
COUNTY OF NEW YORK I
On this IOTH dxY 'L — APRIL A.D., 190...., before me personally
C. A. KEPPLER to me known, who, being by me
duty aw., did depose andas that he is Vice President of NATIONAL SURETY CZRPORATION, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he
signed his name thereto by like order. And said C. A. KEPPLER_
further said that he is acquainted with H. L.AOHNSON
and knows him to be an Assistant Secretary of said Corporation; and that he executed the above instrument.
GEORGE SCHULMAN
Notary Public
STATE OF NEW YORK ss,:
COUNTY OF NEW YORK
I H. L. JOHNSON Assistant Secretary of NATIONAL SURETY
CORPORATION, do hereby Certify that the following is a full, true sed Correct copy of Article VIII of the By-laws of the
NATIONAL SURETY CORPORATION adopted on the 25th day of October, 1955, and now in full force and effect, to wit:
ARTICLE VIII
Appointment and Authority of Resident Assistant Secretaries, and
Attorneys-in-Fact and Agents to Accept Legal Process and Make Appearances.
"SECTION 30. APPOINTMENT. The President. any Vice President or any other person authorized by the Board
f Directors, the Chairman of the Board of Directors, the President or any Vice President, may, from time to time, .,"let
Resident Assistant Secretaries and Attorneys-fn-Fact to represent and act for and on behalf of the Corporation and Agents
to accept legal process and make appearances for and ov behalf of the Corporation.
"SECTION 31. AUTHORITY. The authority of such Resident Assistant Secretaries, Attorneys-in-Feet, and Agents
shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted
thereby easy be revoked at any time by the Board of Directors or by any person empowered to make such appointment"
IN WITNESS WHEREOF, I have hkreento set my hand and affixed tk ceat of NATIONAL SURETY CORPORA-
TION, thu_IOTH _day of—.__.__PRI L._..—_..—_..._� 19- 01 I
H. L. JoHNeoN
Assistant Secretary of
por
[Carate Se®0 NATIONAL SURETY CORPORATION
STATE Op---NEW YORK __
sa.:
COUNTY OF--NEW_YORK
I __ __ H. L. JOHNSON _ .,1R3�81N Assistant Secretary of NATIONAL SURETY
CORPORATION, a corporatim of the State of New York, do hereby certify that the above and foregoinif is a full, true and
correct copy of the original power of attorney issued by said Corporation and that I have compared nine with the original and
that it is a correct transcript therefrom and of the whole of the original. Said power of attorney is in full force and effect and
has not been revoked.
IN WITNESS WHEREOF, I haveArreunto set m hand and affixed the sees of raid Corporation, at the City of
NE* YORK ........_.--__, this- '�5—._day of o M � iFs
N➢hgiYMN Ami ant Secretary
XaM fNX la-R
MALL TRANSPORT, INC.
350 LINCOLN ROAD • SUITE 322
MIAMI BEACH 39, FLORIDA
October 2, 1963
Mr. R. William L. Johnson
City Clerk
City Hall
Miami Beach 39, Florida
Dear Mr. Johnson:
Enclosed is revised performance bond in connection with the Mall Transport, Inc.
franchise covered by City of Miami Beach ordinance number 1480.
Your attention is called to paragraph number one under "Express Conditions" which,
believe, will satisfy the request made by the city's legal department.
Very truly yours,
Stuart G. Newman
Secretary
SGN:gh
enc.
OFFICE OF THE CITY CLERK
TO: Joseph A. wanick, City Attorney DATE: July 19, 1963
FROM: R. wm. L. Johnson, City Clerk
Re. Surety Bond - Mall Transport, Inc.
We are attaching Surety Bond received by this office from
Mall Transport, Inc. on July 18, 1963 for your consideration and
appropriate action.
R. Yam. L. Johnson
City Clerk
RWW tem
attachment
Bergman's Exchange Agency, Inc. .NONE PLAZA 9735
561 N. E. 79th STREET MAIN OFFICE
MIAMI 38, FLORIDA CHICAGO s. ILLINOIS
'e
HARRISON 7-7232
LOS ANGELES, CALIFORNIA
OLIVE S.OZ63
NEW YORK, N. Y.
May 31, 1963 ,Ia3.
City of Miami Beach
City Hall
Miami Beach, Florida
Art: Mr. Johnson, City Clerk
Re: Mall Transport, Inc.
350 Lincoln Road
Miami Beach, Florida
Gentlemen:
We have been requested to effect a Surety Band in the sum of
fifty thousand dollars ($50,000.00), on behalf of Mall Transport,
Inc., in favor of the City of Miami Beach.
This letter will serve to confirm the fact that our agency has
contacted the Surety Company and requested that they proceed
immediately with necessary arrangements to effect this Bond.
Please be assured of our complete attention and cooperation in
expediting this most important matter.
Very truly youra,
BYRGMANIS EXCHANGE AGENCY, INC.
l�q.ati
Donald Carl n
Vice-president
DC/adf
June 21, 1963
Bergman-a Exchange Agency, Inc.
561 N. E. 79th Street
Miami, Florida
Attention: Mr. Donald Carlin
Re. Mall Transport, Inc.
Gentlemen:
We have your letter of May 31, 1963 in which you advise
that your agency has contacted the Surety Company and has
made arrangements to effect a Surety Bond in the sum of
$50, 000 on behalf of Mall Transport, Inc. in the favor of
the City of Miami Beach.
Inasmuch as we have not yet received this bond, we would
appreciate your expediting deliverance of same.
Yours very truly
R. Wm.L. Johnson
City Clerk
RWLJ:em
cc. Mall Transport, Inc.
350 Lincoln Road
Miami Beach 39, Florida
?MALI. TRANSPORT, INC.
.450 III,-Il I 10A1- IL117L 3'P F...WI B7ACH 39, FLCI? �A
May 22, 2963
City o6 M.imn.i. Beach
City Half
Mimni. Beach 39, Ftonida
Attention: R. W.ifX.i.mn L. Johnson
City CtV&
Gentlemen:
In ne6e,%ence to Section 12, Oadinance No. 1480,
I beUeve you have .in you2 6i.1e6 a Pettert 6nom Bergman
Exchange Agency which constitutes a tette o6 .intent
to .issue a $50,000 Svrtety Bond guanan.teeing to the City
o6 Muon.i Beach 6utf and 6aith6ul peA6oAmance by Malt
T4an6poat, Inc. under the teems o6 this ordinance.
We have .in.6tnaeted this surety company to .issue
such a bond to the City and it should be 6orthcoming
shortly.
very .tAUty young,
MALLLTTUVSPORT, INC.
Stuart G. Nuurwn
Seaw.tany
SGVl jmm
MALL TRANSPORT, INC.
3SO LINCOLN ROAD •SUITE 322 MIAMI BEACH 39, FLORIDA/444-74SS
May 22, .2963
City y o 4 M.i m ni Beach
City HaU
X{.mti B each 3 9, Hotc i.da
Attention: R. GV.c,2Q,i.am L. Johnson
City CteAk
GentZemen:
In accordance with. Section 1, Ot inance No. 14801,
MaU TAan,6poxt, Inc. heAeb y accepts att o6 the pro-
v ,bions contained in this ordinance.
VeAy tWty youtus,
MALL TRANSPORT, INC.
AtuaAtt'
. Newnan
Secnetatry
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