37 26-4910 An Ordinance of the City Commission of the City of Key West, Florida, granting a franchise to Conch Tour Train, Inc. to operate city-wide sightseeing/shuttle operation providing terms and conditions, including the following: Providing that Ordinance does not prohibit City from operating a shuttle service; Defining the territory to be served; Authorizing City inspection of sightseeing/shuttle vehicles; Providing for the observance of current and future rules and regulations, insurance requirements and indemnification; Limiting assignment of the franchise; Providing consideration for grant of the franchise and contingent relief; Directing the procedure for designation of stops and operational requirements of franchisee; Providing for inspection of books and records; Authorizing the issuance of permits; Establishing the duration of the franchise; Providing for the establishment of rates, fees and routes; Specifying default provisions and procedure for notice, suspension and/or termination upon default, including appeal provisions; Providing remedies upon bankruptcy of franchisee; Indicating franchise is not a waiver of other City requirements; Clarifying that no joint venture is created; Prohibiting discrimination; Providing for construction and interpretation of provisions; Indicating time is of the essence; Providing for attorneys fees, waiver of jury trial and specifying venue in the event of litigation; Providing for notice, acknowledgement, acceptance and cumulative provisions; Specifying the franchise constitutes the entire Agreement between the parties and may only be amended by subsequent Ordinance of the City Commission; Providing for severability; Providing for repeal of inconsistent provisions; Providing for an effective date.