Ordinance 1688• � • + . '.
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ORDINANCE N0. 168$
AN ORDlNANCE GRANTING TO MALL TRANSPORT, INC,,
A FLORIDA CORPORATION, AND TO ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO USE THAT PORTION OF LINCOLN
ROAD IYING WEST OF THE WESTEaLY LINE OF WASHINGTON
AVENUE TO THE �ASTERLY LINE OF ALTON ROAD, OTHER-
WiSE KNOWN AS THE LINCOLN ROAD MALL, AND ANY 1=UTURE
EAST�RLY ANDIOR WESTERLY EXTENSiON OF 5AID MALL ON
SAID LINCOLN ROAD, IN THE CITY 0 F MiAMI B�ACH, AND
ITS SUCCESSORS FOR AND DURING A PERIOD OF FIVE (5)
YEARS, �OR THE PURPOSE OF ESTABLISHING, OPERATING
AND MAINTAINING A VEHICULAR TRANSPORTATION SYSTEM
'FOR TRANSPORTING PASSENGERS FOR COMPENSATiON
IN CONFORMITY WITH ANO SU�JECT TO ALL PROVtSIONS,
TERMS AND CONDITIONS HEREIN RECiTED,
BE IT ORDAINED BY THE CtTY COUNCIL OF THE CITY OF MtAM) BEACH, FLORIDA:
SECTION 1: GRANT - That, for the purpose of providing all persons i� the City
of Miami Beach (herein catied the "City") with the benefits
and advantages of a public transportation service, there is hereby granted to
Mall Transport, Inc. (herein called the "Grantee"), a Fiorida 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 tine of Washington Avenue to the easterly tine of Alton Road, otherwise
known as the Lincoin Road Mall and any future easterly andlor westerly extension
of said Malt on said Lincolr Road in the City of Miami Beach, and its successors
for and during a period of five (5) years, for the purpose of estabiishing,
operatirig and maintaining a vehicular transportation system for transporting
passengers for compensation, in conformity with and subject to ail provisions,
terms and conditions herein recit�d. The term "vehicular transportation system"
shali mean the organized and coordinated ve�icular transportation service provided
for hereby, and all property owned, operated and maintained in the rendition
thereof, for transporting passengers for compersation, fihe enjoyment 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 easterty �ine of Alton Road, otherwise
known as the Lincoln Road Mall, and any future easterty and/or westerly extension
of said Mall on said Lincoln Road in the City of Miami 8each, 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 hereinafter
recited. That the City hereby reserves the right at and after the expiration of
this grant, as provided by the l.aws 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 aii of the provisions of this ardinance and to have given and
granted such right of purchase so reserved by Grantee's acceptance hereof, which
shal) be filed with the City Clerk and Finance.Director within ten (10} days
after�this ordinance takes effect.
SECTION 2: CONSIDERATION FOR GRANT � That, for and in consideration 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 arnounts, 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 tevied
by the City under existing or future ordinances for the privilege of using that
portion of Linco�n Road lying west of the westerly line of l�Jashington Avenue to
the easterly iine of Atton Road, otherwise known as the Lincoln Road Mall and any
future easterly and/or westerly extension or contraction of said Mall on said
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Lincoln Road, in the City of Miami Beach, the said Grantee sha11 pay annually to
the City, in lawful money of the United States, the sum of Seventy-five Hundred
Doltars ($7500.00), said sum of 5eventy-five Hundred Dollars ($7500,00) to be
payable as fotiows: The first payment to be made not tater than five (5) days
after the effective date of this ordinan�e, and annually thereafter.
The City will permit vehicles to be parked in one of its nearby parking lots,
The charge shali be $150.00 per year for each parking space occupied in the a�pper
level, and $300.00 per year for each parking space occupied in the lower level of
the north Lincoln Lane double deck parking area.
SECTiON 3: RATES OF FARE - That, subject at all times to the arovisions of thts
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:
(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 - CHANGES IN - NEW ROUTES - OTHER ROUTES AND SERVICES -
That, for the purpose of the Grantee maintaining and operating during
the effective period hereof a unified vehicular transportation 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 afi
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 mutualiy agree that said thirty (30) days' notice shall be
waived or modified. In the event that the party receiving 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
giving such notice. Thereupon, both parties shall make every effort :-.o adjust
their differences of opinion relative to su�h proposed char�ge, discontinuance or
addition of route•and upon their failure to reach an amicable agreement within
five (5) days from the filing of said written objections, either party shalt have
the right to submEfi all matters in dispute to the City Council which shalt act
in the matter by resolution. While any and all such matters in dispute are before
the City Gouncil and until it so acts in the matter the status existing prior to
the occurrence of such dispute shatl be maintained by both the City and the Grantee.
Provided, however, th:�t the change or discontinuance o'f��ase routes or the action
of the City under this ordinance shall not defeat, impair or otherwise adversely
affect this grant or the purpose thereof.
SECTION 5: VEHICLE STOPS, LOADING ZONES AND PARKING SPACE5 - That, vehicles
operated under the Provisions of this ordinance shall stop, upon
signal, at stops designated by the Ci�y. The City wi11 permit vehicles to be
parked in one of its nearby off-street parking lots at a location and charge
designated by the City. Initially the charge shall be $150,00 per year for each
parking space occupied in the upper level, and $300.00 per year for each parking
space occupied in the lower level of fihe �north Lincoln Lane doubie deck parking area.
�-SECTICN 6: VEHICLE REQUIREMENTS - That, the foltowing general requirements shall
apply to all vehicles operated hereunder:
(a} No vehicles shall be operated for the rendition of any
service hereunder:
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(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.
(2} Each vehicie, (tractor and trailer) shali have a
minimum seafiing capacity of eleven (11) passengers
and a max i mum seat i ng capac i ty of se�renteen (17)
passengers and shall be of modern design, transit
type, and propelled only by electrical power �From
batteries,
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(3) The equipment of each vehicle shall fulfill such
specifications as may be required by the City �From
time to time including any and a11 additional safety
dev+ces as may be required from tirne to time by the
C i ty.
(4) All vehicies shall be painted alike according to a
design and in a color or colors approved by the City.
(5) On the outside of each vehicle there shall be painted
in letters sufficiently large to be clearly visible
from a di stance of ten {l0) feet:
(aa) The name of the Grantee.
(bb) The identification number assigned to such
vehicle by the 6rantee, such number to be
painted on all sides thereof.
(6) Vehicles shall not carry any displays, advertising
or other matter of whatsoever nature other than that
set forth in sub-paragraph (a) 5 of this Section.
SECTION 7: CITY INSPECTION OF VEHICLES - That, all vehictes operated hereunder
shall be maintained in good repair so that they wilt be suitable
and safe at a11 times for operation in public service. The Grantee shall permit
the City to make such inspe�tions of vehicles as the City shall deem necessary
in the public interest, and shall comply in every respect with the provisions
of a11 ordinances relating to the inspection of motor vehi�ies by the City.
No vehicles shall be place� in service prior to inspectiion and approval of the
condition thereof by the City. At the time of the fir�t inspec�ion and approval,
the City shall adopt for each vehiGle the same identific�tion nufib�r assi�ried
thereto by the Grantee, and such identifitation number sh�ll hto� �hereafter be
changed so long as such vehicte is operated by the Grantee. Any vehicle which,
upon inspection, shall be found to be unfit for operation hereunder shall
immediately be withdrawn from service, and the Gra ntee shall not ret� rn sucF�
vehicle to service until all defects shalt have been corrected and the vehicle
shall have been inspected and approved by the City. All operators of vehicles
shall have a valid State of Florida chauffeur's license, arrd shall comply with
state and local requirements.
SECTtON 8: STANDARD OF EQUIPMENT AND SERV(CE - MANAGEMENT - That, the Grantee
shail maintain at a high standard of operating efficiency all
properCy comprising the vehicle system provided for hereby, and shalt aiso
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 ano during
such hours as may be required to properly serve the public. In the event that
the Grantee and the City shalt at any time be unable to reach an agreement
�-etative 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, ati matters in dispute sha11 be submitted to the City Councit, which
shall act in the matter by resolution.
SE6TIOsN g: INDEMNlTY TO CITY - PUBLIC LfABILITY - The Ci�y shall in no way be
- liable or responsible for any accident or damage that may occur in
the operation and maintenance of Grantee's vehicular transportation system or '
vehicle service hereunder, and the acceptance of this ordinance by Grantee shall
be deemed an 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 maint�nance of Grantee's vehicular transportation system or vehicle
service hereunder.
That the Grantee shall fiie with the City Clerk and Finance Director
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 comb:i►nafion of same
to protect the public for.injury, loss or damage to person or property by
reason of the operation of any motor vehicle empioyed as part of the vehicular
transportation system provided for hereby. The Grantee shall be permitted to
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be self-ir�surer in an amount not to exceed $20,000.00, providing.that excess
coverage over.the amqunt shall be�maintained with an insut-ance company acceptable
to the City in the penal sum of not less than $1Q0,000/$300,000 for any one
accidenfi resulting in thedeath or injury to a person ol- persons a.nd not tess than
$5,000.00 for damage:to property. � �� �
SECTION i0: CITY TO HAVE R�FUSAL - That, in the event the Grantee at any time
prior to the expir���on of the franchise granted hereby desires
and decides to dispose of said franchise and its other assets it shall upon
recelpt of a valid and firm offer therefor submit the same �Co the City which sha11
have the privilege an�+ first right and opportunity to purchase the franchise
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
bonafidely offered by any other; provided, however, that the City must exercise
such option 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 with the Grantee within such sixty-day period
which will bind the City to consummate such purchase within an additional period
of thirty (30) days unless bonds have to be vatidated for such purpose, in which
event the City will use i�s best effor�s 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 bands, then the City wi11 be absolved from all
liability to purchase.
In the event that the best offer of another for the purchase of the property
hereinabove referr�:d to shall be met by the City, the City shall have the right
to prepay any part of the purchase price without penalty or premium and its
decision so to do shall not be deemed a variance between the offer made by another
and the actual purci�ase contract made by �he City.
SECTION 11: FORFEITURE OR REVOCATION OF GRANT - That, faiiure on the part of
Grantee ta 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 shalt take effect if the reasonableness or propriety thereof
is 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
substantiai respect with any of the provisions of this franchise, and the Grantee
shall have a reasonable period of time (which shall be fixed by su�h court in its
decree) after the final determination of the question to make good the default
before a forfeiture shalt result with the right in the City at its discretion to
grant such additiona? time to Grantee for compliance as necessities in the case
require; provided, however, that fihe 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 laws of Florida or the Charter of the City. Provided,further, that any
violation or default resulting from a strike, a lockout, an act of God, or any
other cause beyond the �ontrol of the Grantee shall not constitute grounds for
revoking and cancelling any rights hereunder. In the event fihat 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 shali determine the
matter and evidence such determination by resolution.
SECTION 12: For tne purpose 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
and Finance Director, 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 approved by the City Attorney, and conditioned for the
faithful observance by the Grantee of ali the terms and conditions imposed upon
it by this franchise and grant.
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SECTION 13: TERMINATiON OF GRAhtT BY INSOLVENCY OR BANKRUPTCY OF GRANTEE
OR DISC4NTINUANCE OF MALL - That, in the ever�t of the insolvency
or bankruptcy of the Grantee, the City shall have full power and authority to
terminate, revoke and cancel any and a11 rights granted under the provisions of
this ordinance; that upon discontinuance of the Ma11 as a pedestrian way, all
Grantee's rights shait terminate.
SECTION 14; That, the right is reserved to the Cyty to question by judicial
review in any court having jurisdiction in the matter the reason-
ableness and propriety of any of the Grantee's actions under any provision of
this grant and similar right is so reserved to the �rantee to so question any of
the City's actions under any provisio� of this grant.
SECT�4N i5: CONDITIONS UPON SALE, ASSIGNMENT OR TRANS FER OF FRANCHlSE - That, no
sa•1 �, ass i gnmer�t oc t.ransfer of the r i ghfis -g�anted thereby shal 1 be r�ade
6y the Grantee uniess the Crantee shail have filed written not�ce thereof with the
�ty Cler�C and Fi nance Di rector at,least sixty (60) days p�-ior to date cf the proposed sale,
assignment or transfer, and untess subsequent to t�e filing of such notice, the
City Council shail have, by resolution, approved and consented to such sale,
assignment or transfer, if the Grantee of the frahchise hereby granted be a
corporation, the sal�: of a majority or controlling interest of the stock therefn,
shall be deemed a sale, transfer or assignment of this franctiise.
SECTION 16: NOT�ICES_ - That, all notices which may be required hereunder shall
be sufficient if sent by regist�red 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 and Finance Director of the City
of Miami Bea�h, Florida.
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SECTION 17: EFFECTtVE DATE - Yhat, this ordinance sha11 take effect as soon as
it has been approWed by a majority of the qualified voters of the
City of Miami Beach vot��g thereon at an election for such purpose; but the
effective date thereof shall not be ]ess than forty (40) days after the final
passage hereof.
S�C1'fON 18: a�P�ALING SECTION - That, al� ordinance or parts of ordinances,
insofar as they are inconsistent with or in conflicfi with the
�brov�sioh� of this ordinance, be and the same are hereby repealed.
SECTION Ig: SAVING PROVtSION - Thafi, if any section, part of sections, paragraph,
sentence or clause of this ordinance sha11 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 involved in the controversy
in which such decision shall have been rendered.
PASSED and ADOPTED this 6th day of March, 1968.
ATT EST :
City Clerk and Finance Director
lst reading - February 21, 1968
2nd read i ng - Feb rua ry 21 , 1968
3rd reading - March 6, 1968
POSTED - March 8, 1968
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STATE OF FLORIDA
COUNTY OF DADE
I, RUTH B. ROULEAU, City Clerk and Finance Director in and for the
City of Miami Beach, Florida, do hereby certify that Ordinance No. 1688
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 EXTENS I ON OF SAI D 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 ESTAgLISHING, 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'.' �
having been passed and adopted by the City Council of the City of
Miami 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 8th day of March, 1968, and that said Ordinance remained
posted for a period of at least thirty days in accordance with the require-
ments 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 Cit•�r of Miami Beach, Florida, on this lst day of
May, 1968.
City Clerk an Finance Director
UNITED PACIFIC INSURANCE CO�PANY
HOME OFFICE, TACOMA, WASHINGTON
CONTINUATiON CERTIFICATE
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IN CONSIDERATtON of the PREMIUM CHARGED, United Pacific Insurance Company hereby
continues in force Bond No �"�'�`i6 dated the 28th day of FEBRUA�Y , � g 66 ,
i n the a mou nt of FI�'TY THC�USAND AND NO/l00 -------- �$50, 000. 00 �--------------------- DO L LA R S,
on behalf of M�L TRANSPORT� INC. � of Miami� Florida
in favor of CITY OF MIAMI BEACH� FLORIDA
for the period beginning on the 6t� day of M�CH , 19 72 , and
ending on the 6�� day of M�CA , 19 73 , subject to all the terms
and conditions of said bond; PROVIDED that the liability of said United Pacific Insurance Company shall not exceed
in the aggregate the amount above written, whether the loss shall have occurred during the term of said bond or during
any continuation or continuations thereof, or partly during said term and partly during any continuation or contin-
uations thereof.
Signed, sealed and dated this 6t� day of M�CH
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MALL TRANSP4RT� INCe f�N ITED PACI FI� I NSU RA�10E COMPANY
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By:
� � CAM.PBELL HODGE � �
Attor ey-in-Fact
BDU-1414 ED. 7-71 COtJNTERSIGNED :_ ��'� ,;.� ,
FLORIDA �ENT AGEN�
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UNIT�D PACIFIC INSURANCE CO�PANY
HOME OFFICE, TACOMA, WASHINGTON
CERTIFICATE OF ASSUMPTION OF LIABILITIES
UN ITED PACI F IC I NSU RANCE COMPANY is a party to an agreement with
PLANET INSURANCE COMPANY pursuant to which UNITED PACIFIC INSURANCE
COMPANY has agreed to reinsure all the Fidelity and Surety Bonds wherein PLANET
I NSU FiANCE COMPANY is named as Surety and which became effective prior to January 1,
1972 and to assume all liabilities and obligations incurred at any time in connection with
such bonds. .
By virtue of this agreement the liabilities and obligations under this bond are
now directly those of UNITED PACIFIC INSURANCE COMPANY.
Attached to and forming a part of Bond No. P2-02—QS-16 of the
PLANET INSURANCE COMPANY, Philadelphia, Pennsylvania, issued to CITY OF M7AMI BEACH�
FLORIDA� on behalf of MALL TRANSPORT� INC.9 of Mia�ni� Flarida.
Date: MA�RCH 1� 1972 _�FV-tfiED PACT� INSUR,�INCE COMPANY
Attorney-in-Fact ��pB�� $p�E
�
PLANET INSURANCE CO�IPANY
EXECUTIVE OFFICES, PHILADELPHIA, PENNSYLVANIA
AMOUNT BOND No.
, $ o 000.00 P2-o2-08-16
........5...� ........... ... ............................
C()NTINLIATI[)N CERTIFICATE
This is to certifv that.......���.�E ...................... .....................Bond No.. �"�"�"'16
. �
(TYPE OF BOND) �
1SSU�Cl by the PLANET INSURANCE COMPANY 011 behalf Of
. . . MALL . TRA1tTSFORT �. . .��.-.a. . �f . Miam�..a. . Florida . .. . . . . .. . . .. . . . . .. . . .. . . . ... . . .. . . . ... . . .. . . . ... . . . .
In favor of. . . .. . . .. CIT'� . OF. .MIAMI BEACH�, . FLORIUA
...........................................................
is hereby continued in force for the period of...�ne. year...... beginning on the �
..6th.. ...... .......day of....MARCH..................., 19...71, This Contirivation Certificate
is subject to all provisions of the Ferformance Bond to wi�ich it is attached.
The liability of the PLAz•rET INSURANCE COMPANY under said bond and this and
all continuations thereof shall not be cumulative.
Signed and sealed this..........6th .....................day of.............March.............., 19..`7�-.
MALL TRAI�TSPORT� INC. p�ANET INSU1�'ANCE CC�IIIIPANY
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BY � ..
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"� ....__�..'"'�--�- ...........................................
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--.� CAMPBELI, HODGE' ATTO�[�EY-IN-FACT
BDP-1414 Ed. Aug. 1963 �--� '
COUNTERSIGNED : <;.��. ��,.e��. �Florida Resident A,gent )
,
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AMOUNT
.$50� 000. 00
PLANET INSURANCE COMPANY
EXECUTIVE OFFICES, PHILADELPHIA, PENNSYLVANIA
BOND No.
P2-o2-08-�,�
C()NTINLIATI(lN CERTIFICATE
This is to certify that...........Performance ............Bond No..�-�.-�-16
(TYPE OF BOND)
1SSUeC� �JY the PLANET INSURANCE COMPANY OI1 behalf Of
. . . MAL'L . TRANS PORT , INC. � a. . . °f. . M7-.ami � . . Florida . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
................. :��� �
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In favor of. . . .. . . ..CITY OF MIANII BEACH, ..FLORIDA . . . . ... . . . . . . . "�
. ....................................... t _ �
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is hereby continued in force for the period of.. one., year. ..... beginning on the 6(
6th .......day of........�'.�h ..............., 19.68.•. This Continuation Certificate
. ........................ .
is subject to a11 provisions of the Performance �3ond to which it is attached.
The liability of the PLAz•rET INSURANCE COMPANY under said bond and this and
all continuations thereof shall not be cumulative.
Signed and sealed this.........6th ............... ......day of........M�,rck�..................., 19.68..
MALL TRANSPORT, INC.
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BDP-1414 Ed. Aug. 1963 Co�u.ntersigned:
" PLANET I RANCE C PANY
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..�- rp� b.eL1- .. H. . . . . e; . .A�torriey=i .�Fac�. . .
� G��.� orida Resident ent
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P AN ET ��I RAN
L SU CE MP
CO ANY
EXECUTNE OFfICES, �i�LADRrN1A, rENNSYLVANfA
POWER OF ATTORNEY
Hnow all men by these Preeents, That the Pr.�xaT Ixsv�nxc$ Co�wr�,
a corporation duly organized under the lawa of the 3tate of Wisoonssn, does hereby make, c�onstitute and appoint
C'�mpbell Hodge, Lois Bahr and Peter J'e Pigeon, Individually, Chicago, Illinois,
its true and lawful �gent and attorney-in-fact, to make, eaecute, eeal and deliver for and on its behalf, and as its act and
deed any and all bonds and undertakings, (except bonds guaranteeing the papment of principal aad interest of notes,
mortgage bonds and mortgages) in its bws�nesa of guaranteeing the fidelity of persons holding plsoee of public or private
trust, and in the performanve of contracts other than insuranoe policies, and ezecuting and guaranteeing bonds or other
undertakings required or permitted in all actions or proc�edinga, or by law required or permitted.
`�
_�
to bind the P�.�ixET Ixsv�xcE Co�axY thereby as fully and to the same eztent ae if such bonds and undertakings
and other writings obligatory in the nature thereof were signed by an Egecutive Offic�r of the Pr.Ax�r Ixsv�tnxcE Co�-
pAxy and sealed and attested by one other of such officers, and hereby ratifies and confirma all that its said Attorney (s) -
in-fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VI of the By-LSWS Of PLANET IN3URANCE
Coa�axY which became effective Apri12, 1963, r�ading as follows:
ARTICLE VI
Execution of Bonds and Undertakinga
Sa�ox 1. The Board of Directore, the President or any Vice-Preaident or Aseistant Vice-Preeident ahall have power and suthority to:
(a) appoint Attorneys-in-Fact and to authorize them to eaecute on behalf of the Company, bond8 and undertakings, recognizancea, contracta of
indemnity and other writinge obligatory in the nature thereof, and (b) to remove any sucli Attorney-in-Fact at any time and revoke the power
and authority given to him.
Sac�ox 2. Attorneya-in-Fact shall have power and authority, aubject to the terme and limitatione of the power of attorney isaued to
them, to eaecute and deliver on behalf of the Company, bonds and undertakings, recognizance�s, contracts of indemnity and other writings oblig-
atory in the nature thereof. The corporate eeal is not neveeeary for the.validity of any bonda amd undertakinge, recogniaanc�ee, contracta of indemnity
and other writings obligatory in the nature thereof.
In Witnese Whereof, the Pr.pixET Ixsv�vc� Co�wx�t has caused these presents to be signed by its
Vice-President, and its corporate seal to be hereto affiued.
This.........1 l,�th ..............day of...... December............19.67....
(SEAL)
STATE OF PENNSYLVANIA,
COUNTY OF PHILADELPHIA,
PLANET INSURANCE COMP
l
. .... ... ..... . ..... .. .... ..
Wo B. Dick' son, Jr. , Ass . Vice-
�.
�
On this....... l l�h .day of ..............................December..............................., A.D. 19. 6:?.., before the subscriber, a
.. .... .......
Notary Public of the State of Pennsylvania, in and for the � County of Philadelphia, duly commissioned and ualified
W B Dickin�on Jr Asst .. q '
came .............:......:..........................x........ �..�.............................. �. Vioe-Presid.ent of the PLAN�T INSURANCE C O M P A N Y,
to me personally known to be the individual and officer described in, and who egecuted the prec�eding instrument, and he
acknowledged the euecution of the same, and, being by me duly swom, depoeeth and saith, that he is the o�cer of the
Company aforesaid, and that the seal affixed to the preceding instrument is the oorporate seal of said Company, and the
said corporate seal and his Signature as officer were duly affiaed and subscribed to the said instrument by the authority
and direction of the said ..,,�r .,a.;,.tion, and that Article VI Section 1 and 2 of the By-Laws of said Company, referred
to in the preceding instrument, ia now in force.
iN TESTiMONY WHEREOF, i have hereunto set my hand and �aed my official seal t the City of P' delphia
the day and year first above written. ,
(NOTARIAL SEAL) . .�.%�. �!�.�.�... .... . .... .. . . ........
.. . .. . .... ... . . .. . .. .. .. ......
Virgi ia L a Ups u xots:y bua
My Commission Expires,September 29, 1969
Charle� A, Simpson
I, ...................:...................................................., Resident Assistant Secretary of the PLANET IN$URANCE COMPAN�,
da hereby certify t�at the a�uve and foregoing is a true and correct copy of a Power of Attorney eaecuted by said
PLANET INSUR.ANCE COMPANY, which is still in full foroe and effect.
IN WiTN��`�S WHEREOF, I have h unto set �� d and affiaed the eeal Qf said Com thia
y ............`.�:`� ��....� ................. ..�+�'' �Y
............... 't;,�:..... . ��...............da of.. �i�,.�:t�t; ., A.D. 19. ,
�
Charl es �A o S impson, �������� � enc �sc.nt se��� ������������
� �'l��
BDP-1481 Ed. An;.1968 (Cer� General)
V...-,.
..-=� .
MAL � TRANS P ORT, ING.
IOrJO N. W. LE JEUNE ROAD � MIAMI, FLORIDA � TELEPHONE 444-7455
March 9,1967
Ci ty of Miami Beach
Office of Chief of C�lerk
Miami Beach, Florida
PLEASE REPLY TO:
Re: Mall Transport Bond
Dear Sir:
Attached herewith please find Continuation Certif icate
issued by Planet Insurance Company, �ond No. P2--02-08-16 in
the amount of $50,000.00 on behalf of Mall Transport, Inc.
of Miami, Florida.
WS/ma
Enclosure
Yours truly,
MALL T�tANSPORT, INC.
_ � � , �
�
� .,. �'?�'�-' e`
William Segal
President
�
AMOUNT
$50,000.00
...........................
PLANET INSURANCE COMPANY
EXECUTIVE OFFICES, PHILADELPHIA, PENNSYLVANIA
C()NTINLIATI(lN CERTIFICATE
BOND No.
.�?� -Q� -4$ -1.6 . .
Performance Bond ..... .... . .............Bond No.. �-42-��-16
This is to certify that ..... ............. .. ...... .:........... ,
(TYPE OF BOND)
1SSUeC� bY the PLANET INSURANCE COMPANY 011 behalf Of
MALL TRANSP4RT� INC., of Mi�mi Florida
. .............r.............................................................................
In favor of. .... CITY OF MIAMI BEACH� FLQRIDA
................................................................
................................................................................................................................................
is hereby continued in force for the period of...one. year... .. beginning on the
.. .. 6th .... .......day of...... March. .....,. .. ..� 19..67. This Continuation Certificate
is subj�ct to all provisions of the Performance Bond to which it is attached.
The liability of the Pr.AivET INSURANCE COMPANY under said bond and this and
all continuations thereof shall not be cumulative.
Signed and sealed this. ..6th... .... .......day of...........March.. ... ...., 19.6.?..
N1ALL TRANSPORT� INC. PLANET SURANCE COMPANY
� �
By' �. --� d!Yl�
......... . . . . . ..
` Camp e o ge, tto ney-in-Fact
4
BDP-1414 Ed. Aug. 1963 Countersigned (Florida Resident Ag�nt)
�
c
i
PLANET INSURANCE COMPANY
EXECUTIVE QFFICES, PHILADELPHIA, PENNSVLVANIA
POWER OF ATTORNEY
Hnow all inen by these Presents, That the Pr.Ax�r IxsuxaxcE Go��r,
a �,.:r,,.�tion duly organized under the lawa of the State of Wisconsin, does hereby make, constitute and appoi,ant '
Campbell Hodgey Lois Bahr9 arnd Johm Buhrow� �r��dividually� Ghicago, Illinois
its true and lawful agent and attorney-in-fact, to make, ezecute, eeal and deliver for and on its behalf, and as its act and
deed any and all bonds and undertakings, (ezcept bonds guaranteeing the payment of principal and inte�est of notes,
mortgage bonds and mortgages) in its business of guaranteeing the fidelity of persons holdin� places of public or private
trust, and in the performance of contracts other than insurance policies, and ezecuting and guaranteeing bonda or other
undertakings required or permitted in all actions or proceedings, or by law required or permitted, _
_
�
�
�� .
and to bind the Pr.arrET INsvxarrcE Co�aivY thereby as fully and to the same eztent as if such bonds and undertakings
and other writings obligatory in the nature thereof were signed by an Ezecutive Officer of the Pr.aivET IxsvZtaNCE CoM-
p�,ivY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-
in-fact may do in puxsuance hereof.
This Power of Attorney is granted under and by authority of Article VI of the By-L8W3 Of PLANET INSUR.ANCE
Con�AxY which became effective Apri12, 1963, reading as follows:
ARTICLE VI
Execution of Bonds and Undertakings
Sac�riox 1. The Board of Directors, the President or any Vice-President or Assistant Vice-President shall have power and authority to:
(a) appoint Attorneys-in-Fact and to suthorize them to execute on behalf of the Company, bonds and undertakings, recognizancea, contracts of
indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-Fact at any time and revoke the power
and authority given to him.
S�c�orr 2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitatione of the power of attorney issued to
them, to egecute and deliver on behalf of the Company, bonda and undertakinga, recognizances, contracts of indemnity and other writings oblig-
atory in the nature thereof. The corporate eeal is not necessary for the,validity of any bonda and undertakings, recognizances, contracts of indemnity
and other writings obligatory in the nature thereof.
In Witness Whereof, the Pi.a�vET IxsvxaxcE Co�arr�r has caused these presents to be signed by its
Vice-President, and its corporate seal to be hereto a�ged. ti
This.... ......2 �.r.d .............day o£ . .. . F.e br.0 ar. y.. ..... . .. ... .19..� �... ';
(SEAL)
PLANET INSURAN ' OMPANY
, �
` C . . . �y�.�i/i . . . . ...
r iG� ���t/�
STATE OF PENNSYLVANIA, , o Mc e rm t t vue-Prescdent
as.
COUNTY OF PHILADELPHIA,
On this........23rd ..............day of................F°ebru�r�.............. ......, A.D. 19..�.6., before the subscriber a
........................ ,
Notary Public of the State of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, --
came ..............................�.o...�a...bl�A��mo.t.�............................Vice-President of the PLANET INSURANCE COMPANY,
to me personally known to be the individual and o�cer described in, and who executed the preceding instrument, and he
acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the
Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the
said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority
and direction of the said corporation, and that Article VI Section 1 and 2 of the By-Laws of said Company, referred
to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and a my oflicial seal a it of Phila elphia
the day and year first above written.
(NOTARIAL SEAL) . . .. . ,.,.`,. „ ,. ....,,.... ,
ertrude � 0 1VIc oy ocarY �
My Commissiorn Expires:August 25y 1
I� ..Charl.es...A,o.,.S.impson,,,,,,,,,,,,,,,,,,,,� g,�sident Aasistant Secretary of the PLANET INSURANCE COMPANY,
da hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said
PLANET INSURANCE COMPANY, which is atill in full force and effect.
IN WIT�TESS WHEREOF, I
.....................�:�:....�:�...........day of.....
�#14 )
BDP-1431 Ed. Aug.1968 (Cert. General)
have �ere �., set my hand and affixed the seal of said Company this
............. .��.�:::�c�,-��', ............, A.D. 19....!�?
� o
. .......... .. . .. . ... ... .. .. . . .. ....... ..
Gh a r 1 e s A o S i mp s o n ent Aeeistant Secre
�
BOND NO.
PZ -02 -08 -16
PLANET INSURANCE COMPANY
EXECUTIVE OFFICES, PHILADELPHIA, PENNSYLVANIA
PERFORMANCE BOND
AMOUNT
$50,000.00
KNOAY ALL MEN BY THFSE PBESBNTS � that we, MALL TRAAtSPORT, INC. , of Mismi ,
Florida (Hereinafter called Principal), as Principal, and PLANET INSURANCS
COYPANY, A�tisconsin corporation, duly authorized to transact the business of
suretyship in the State of Florida, w►ith an office and place of business at
1312 Barnett National Bank Building, Jacksonville, Florida, as Surety, are held
and firmlq bound to the CITY OF MIA1�[I BEACH, FLOBIDA thereinafter called Obligee),
as Obligee, in the sum of FIFTY THOUSAND AND NO/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.
�YHBREAS, by ordinance fullq adopted by the Citp Council of Oblig�e and
approved by a majoritq of voters Principal has been granted a franchise to
establish, op�rate and maintain a transportation system the provisions of which
are more particularly d�scribed in said Ordinance Aio. 1480;
NOAIT, THEBEF4RE, the condition of this obligation is such that if Principal
shall fully and faithfully perform eaeh 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 cffect, subject, however, to the folloaing
express conditioas=
1. This bond shall cover obligations of Principal under said Ordinance
during the period beginning b�arch 6, 1966 and ending March 6, 1967,
provided, the Surety gives 30 days notiee of expiration to the oblige�.
2. This bond shall be construed to be, and is, on� of indemnity only.
3. This bond maq be renewed annually on March 6th for an additioaal period
of one year by continuation certificate execut�d by Principal and Surety,
provided, however, that the maximum aggregate liability of Surety
hereunder and under any and all continustions of this bond shall 1n no
event exceed the present amount thereof.
Signed, sealed and dated this 28th day of February, 1966.
Attest:
.�� �
.
_�:_�� �
�.
' Wi tness • - �
.
.n .
BDP-1420 Ed. Aug..19G3
�......,_,w..
�
��
f/�it-�-�,I'
�
AIALL TRANSFORT � INC.
B � L _ _ \ �..✓% �
� � . . � �,
PLAN�'T' I NS CE C ANY
ampbell Hodge, Atto ne in-Fact
Coun e signed:
� .
Florida Residen Agent
� �NET IHSUR��1C� C�I�P I�Y�
L A
EXECIITlVE OFFlCES, r1�AD�PitiA. lBrNSYLYAI�A
.. � �...
POWER OF ATTORNEY
gnow all mea by these Presents, That the P�xa�r Ixsvs�xcE Co��nr,
a oorporati4n duly organized wader the laws of t�e State of Wisc�onasn, doea hezeby make, oonatitute and appoint
Campbell Hodge, W, G, McKnight and Lois Bahr, Individually, Chi�ago, Illinois, �
its true and lawful agent and attorney-in-fact, to make, euecute, 8�e�►1 and delive�r for And oa it� beh�lf, and ae ite act �ad
deed any and all bonds and undertakings, (e=aept bonda guuanieeing the payment of principal wd intereat of notea,
mortgage bonds and mortgages) in its bu�inesa of guaranteeeing the fidelity of persons holding piaoea of public or private
trust, and in the performance of contracta other than insuranoe policiea, and ezecuting and guaranteeus6 bonds o�c other
undertakings required or permitted in all actions or prooeedings, or by law required or permitted. .e�.._...._�
----�.,
and to bind the Pr.t�.rtET Ixsv�uxcE Co�ArrY thereby aa fully and to the same eatent as if such bonds and undertakings
and other writings obligatory in the nature thereof were signed by an Egecutive Officer of the Pt.A,x�r Ixsv�xcE Co�-
r�rtY and sealed and attested by one other of such offioers, and hereby ratifies and confirms all that its said Attorney(a)-
in-fact may do in pursuance hereof. .
'This Power of Attorney is granted under and by suthority of Article VI of the ByLawe of Ptr►x�r Ixscnt�xc$
Co��t which became effective Apri12, 1963, reading as follows:
ARTICLE VI
Ex�cution of Bo�sda and UndertaJkin�s
S�criori 1. The Board of Directors, the President or any Vice-President or Aseistaat Viae-Preeident aball have power and autharity to:
(a) appoint Attorneys-in-Fact and to authorize them to ezecute on behalf of t�e Company, bonds and undertakinga, recognizancea, contracta of
indemnity and other writinga obligatory in the nature thereof, and (b) to remove any such Attorney-in-Fact at any time Qad revoke the power
and suthority given to him.
Sacriox 2. Attorneys-in-Fact ehaII have power and authority, aubject to the terma and limitations of the powar of attorney iesued to
them, to ezecute and deliver on behalf of the Compnny, bonds and undertakinss. recogaiaanc�s, coatracts of indemnity and other writings oblig-
atory in the nature thereof. The corporate seal is not n�ary for the,vs►]idity of any bond� and undertakin�, recognizances. contracts of indemnity
and other wr�tin� obligatory in the nature thereof.
I l li noi s
Stateof ........................................................
SS:
County of .............Lake.......................
On this.........28 th ...................day of.......... February .......in the year one thousand nine hundred
and.....sixt.y.-s.ix .................., before me,..........�i4��x..�.....JA1:�?�s.On......................, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared ................................................
Campbell Hodge ,., known to me to be the duly authorized Attorney-in-fact of the
. .............
PLANET INSURANCE COMPANY and the same person whose name is subscribed to the within instrument as
the Attorney-in-fact of said Company, and the said.......... Campbell Hodge
. . .......................................................................................
duly acknowledged to me that he subscribed the name of the PLANET INSURANCE COMPANY thereto as
5urety and his own name as Attorney-in-fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official se 1 the day and year in this
Certificate first above written. j
..........................:...... ..`. t ...�. r '` ....�:1. :.-.�...
�1y Cornmission F;xpires i�otary Public i�and for..........ake
_ _ � .: -_ �. . ,.. :: � .... I llinois
........................................................................ County, State of................. . ....................................
F3DP-1410 Ed. Aug. 1963
1� .,.. �. � �...� �, Q �✓ l lll jJ �7 v 11 .... _.' �dent Assist.ant Secretary of the PLANET INSURAN CE COMPANY,
........................................
do hereby certify that the above and foregoing is a true and correct copy o� a Power of Attorney eaecuted by said
PLANET INSURANCE COMPANY, which is still in full foroe and effect.
IN WITN WHEREOF I have hereunto eet y hand and affiued the seal. of said Company this
.......... �; �-:.. � .: �°. .........day of . . . ................. `�,...��..,.,,�� . ... ...... ., A.D. 19..�E?..�P �
f�
�
, ... .... . . ...... . ... ` � . . .. .. .. .�
� Charles A. Sim�son, t"��ts�a�.
(#14 )
BDP-1481 E�. Aus.1963 (Cert Geaenl)
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