R99-135
1/
RESOLUTION R99-/-85
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND PARTNERS PLUS, INC., PROVIDING
FOR CONCESSIONS OPERATIONS AT
OCEANFRONT PARK"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Partners Plus has been providing concession
operations at Oceanfront Park since 1 992; and
WHEREAS, City staff has been able to successfully negotiate an
Agreement with Partners Plus, Inc. that provides for continuity of
service to the public, as well as providing for an increased rental fee to
the City;
WHEREAS, the City Commission has deemed it to be in the best
interests of the residents and citizens of the City of Boynton Beach to
execute a Lease Agreement between the City of Boynton Beach and
Partners Plus, Inc..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby authorize and direct the Mayor and City Clerk to
execute the Lease Agreement between the City of Boynton Beach and
Partners Plus, Inc., a copy of said lease being attached hereto as Exhibit
"An.
Section 2. This Resolution will become effective immediately
upon passage.
PASSED AND ADOPTED this L8... day of October, 1999.
CITY OF BOYNTON BEACH, FLORIDA
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CONCESSION LEASE AGREEMENT
-lIS AGREEMENT, made and entered into this day of 1999, by and
between the CITY OF BOYNTON BEACH, FLORIDA, hereinafter referred to as "CITY," and
PARTNERS PLUS, INC., hereinafter referred to as "CONCESSIONAIRE."
1 . Contract Objectives
The CITY shall grant to the CONCESSIONAIRE, as an independent contractor, the exclusive
right and the CONCESSIONAIRE shall accept from the CITY the exclusive right to operate
within the designated City facility (hereinafter "PREMISES"):
A. Concessions in order to provide food and beverage services for the daily use of residents
and visitors to the Boynton Beach Municipal Beach Park.
B. The CONCESSIONAIRE agrees to sell on the concession site food and beverages as
allowed by the Town of Ocean Ridge variance granted to the City of Boynton Beach for the
exclusive use by residents and visitors to the Boynton Beach Municipal Beach at
Oceanfront Park.
2. Leasehold Premises
City agrees to lease to Tenant a portion of the designated City facility located at the Boynton
Beach Municipal Park and more particularly described as "the concession building, located on
the central boardwalk within Oceanfront Park, is a wooden structure of approximately 260
square feet. The structure is designated as the "snack bar," and is owned by the City of
Boynton Beach, Florida and operated for the selling of food and beverages for beach patrons."
3. Term of Lease
This lease agreement shall be in force for a period of three (3) years effective
November 1, 1999 unless sooner terminated as otherwise provided in Section 8, Termination,
with an option to renew for a period of two (2) one (1) year terms if mutually agreed upon by
both the CITY and CONCESSIONAIRE and subject to any additional conditions agreeable to
both parties.
4. Compensation
A. The CONCESSIONAIRE agrees to pay the CITY a sum of $1,000 per month for the period
of time indicated in Section 3, Term of Lease. Said payment shall be made and received
by the City on or before the 1 st day of each and every month. A late fee of 15% ($150) will
be charged for payments received after the 5th day of each month.
Occ311front Park
CCIl(.'cssion Lcasc Agrccmcllt
5. Risk Management
A. The CONCESSIONAIRE agrees to indemnify and save harmless the CITY from all suits,
claims, damages, and actions of any kind or nature of injury arising directly or indirectly on
the part of the CONCESSIONAIRE, its agents, servants, employees, contractors and
suppliers, arising out of its operation under this lease agreement.
B. The CONCESSIONAIRE shall secure and maintain for the duration of this lease the
following insurance coverage:
1. Comprehensive general liability in the minimum amount of One Million Dollars
($1,000,000) per occurrence. Liability policy shall name the City as additional insured.
2. Property Damage to the full insurable value of all property involved in the lease
agreement.
3. Workers Compensation Insurance in full compliance with the State of Florida Workers
Compensation Law.
C. Fire, Theft, Vandalism and Extended Coverage in a sufficient amount to insure
CONCESSIONAIRE for such loss to its own equipment and that of its suppliers which
CONCESSIONAIRE shall elect to place or install on the premises. Such a policy shall
contain standard waiver of subrogation clause and a certificate of such endorsement shall
be furnished to the CITY.
D. All policies of insurance shall be issued by insurance companies licensed to do business in
the State and having a Best's policy-holder's rating of A or better and a Best's financial
rating of AA+ or better. All policies shall contain an endorsement providing the Risk
Manager of the City of Boynton Beach thirty (30) days prior written notice in advance of
any material alteration or cancellation of said policies. Certificates of insurance shall be
provided to Risk Management prior to the commencement of the term of this lease
agreement.
6. General Conditions
A. The CONCESSIONAIRE shall be open for operation seven (7) days per week with the
following schedule: 10:00 AM. to 5:00 P.M. with the option to expand hours to include 9:00
A.M. to 6:00 P.M. This schedule will be strictly adhered to unless permission to close is
granted by the chief City official on duty at the beach during the time in question.
Expanded hours are at the discretion of the CONCESSIONAIRE. Total available hours are
subject to the regulations of the Town of Ocean Ridge. Exact times of opening and closing
may have seasonal variations if approved by the City Manager. Hours of operation shall be
consistent and strictly adhered to.
B. The CONCESSIONAIRE shall be responsible for prompt and full payment of all utility bills
related to the CONCESSIONAIRE'S operation. These utilities include, but not limited to
electric service, water and sewer service, sanitation and gas.
Page 2 of7
Occal)front Park
COiH..cssion Lcasc Agrccment
C. Assignment. The CONCESSIONAIRE will not assign or transfer its rights and privileges
granted under this lease agreement, either in whole or in part, without first obtaining the
written consent of the City Manager.
D. Destruction of P~emises. In the event that the concession site is destroyed or damage by
fire or other casualty so as to render it untenable, the lease agreement shall be suspended
until such time as the premises are rendered again tenable. If the CITY elects not to render
the premises tenable again, it shall notify the CONCESSIONAIRE and, upon furnishing
such notice, this lease agreement shall be terminated.
E. Temporary Improvements to Facility. The CONCESSIONAIRE shall have the right to
improve the facilities subject to the approval of the City Manager. The
CONCESSIONAIRE, at his or her own expense, may install a security alarm system upon
approval from the CITY. All such improvements shall meet all applicable codes and shall
be of a temporary nature, and shall be paid for, erected and removed by the
CONCESSIONAIRE at the termination of this lease agreement.
F. Exclusivity. The CITY shall not operate any additional competing concessions at the
Boynton Beach Municipal Beach Park or at any additional adjacent property acquired by
the CITY without the CONCESSIONAIRE'S approval and without the CONCESSIONAIRE
having the first option as to additional operations.
The CITY reserves the right as themselves or any organization granted powers as their
agent to sell food and beverages for special community event programs of short duration
(one to three days each) as scheduled by the CITY.
G. Waiver of Damages. The CONCESSIONAIRE hereby expressly waives any and all claims
for compensation for any and all damage sustained by reason of any defect, deficiency, or
impairment of the water supply system, drainage or heating systems, steam pipes electrical
wires leading to the concession areas, or by reason of any loss resulting from failure of any
water supply, heat or current which may occur from time to time from any cause, or for any
loss resulting from water; for any loss, damage or claim resulting from the cancellation,
interruption, or termination by the CITY for any reason of any event scheduled for public or
private attendance at the concession site; and the CONCESSIONAIRE hereby expressly
releases and discharges the CITY and its agents from any and all demands, claims, action
and cause of actions arising from any of the causes aforesaid. The CONCESSIONAIRE
shall and hereby does release the CITY from all liability for the loss or damage of
merchandise, goods, equipment or any other property of whatsoever kind of the
CONCESSIONAIRE or any of his/her suppliers caused by fire, theft, water, storm,
windstorm, vandalism, or any other causes whatsoever.
H. Delivery of Supplies. The CONCESSIONAIRE shall arrange for the delivery of supplies
used by it at the concession site at times and in a manner so that such deliveries do not
create congestion or undue interference with the regular operation and maintenance of the
site.
I. Advertising Materials. Signs, advertising materials, posters and other such material used
by the CONCESSIONAIRE shall be subject to the approval of the City Manager.
Page 3 of7
Occanlront Park
COllc';::ssion Lease Agrecment
J. The CONCESSIONAIRE shall make every effort to assist the CITY in keeping the area free
from debris and litter.
K. Food and beverages sold by the CONCESSIONAIRE afe restricted by the Town of Ocean
Ridge as indicated below:
.:. hot dogs (nai fried)
.:. condiments for above
.:. prepackaged sandwiches
.:. prepackaged potato chips, peanuts, etc.
.:. candy
.:. hamburgers (not fried)
.:. condiments for above
.:. prepackaged bakery goods
.:. ice cream, ice cream bars and other dairy products
.:. soft drinks, coffee and tea
L. Antidiscrimination Clause. The CONCESSIONAIRE shall not discriminate against any
employee or applicant for employment in the performance of this lease agreement, with
respect to hire, tenure, term, condition or privileges of employment or any matter directly or
iTTtlirectly related to employment because of race, color, religion, national origin, ancestry,
marital status, sexual orientation, age or disability.
M. Modification and Amendments. No modifications or amendments to this lease agfeement
shall be valid unless reduced to writing and signed by both parties.
N. Integration of All Agreements and Understandings. This lease agfeement contains the
entire agfeement between the CITY and CONCESSIONAIRE. All prior agfeements and
understandings whether written or oral are fully abrogated and of no further force and effect
from and after the date of this lease agreement.
O. Governing Law. This lease agreement under terms, conditions and covenants contained in
it shall be governed and construed in accordance with the laws of the state of Florida.
P. Litigation. In connection with any litigation arising out of this lease agreement, the
prevailing party shall be entitled to recover all costs incurred, including reasonable
attorney's fees.
7. Financial Operations
A. The CONCESSIONAIRE shall pay promptly all taxes, excise or license fees of whatevef
nature, applicable to this operation, and take out and keep current all licenses, municipal,
state or federal, required for the conduct of the business, and further, shall not permit any
of said taxes, excise or license fees to become delinquent. The CONCESSIONAIRE shall
not permit any mechanic's or materialmen's or any other lien to be imposed upon the
lease property for any work or labor performed.
The CONCESSIONAIRE shall make available, upon request, duplicate receipts Of other
satisfactory evidence showing the prompt payment of the social security, unemployment
compensation and all taxes and fees above referred to, and showing that the said workers
Page 4 of7
Oceanfront Park
COll:cssion Lcase Agrecment
compensation insurance and all required licenses are in good standing. The
CONCESSIONAIRE shall pay promptly when due all bills, debts and obligations incurred
in connection with the operation of the concession and shall not permit same to become
delinquent and suffer no lien, mortgage, judgement, execution or adjudication in
bankruptcy which will in any way impair the rights of the CITY under this Agreement.
B. Accounting to the CITY. The CONCESSIONAIRE shall keep a true and accurate account
of all monies received through the operation of the concession herein granted and shall, on
or before the 20th day of each month of the agreement, render and deliver to the CITY an
itemized statement showing all monies received during the calendar month immediately
preceding. Methods of accounting, cash recording devices, books, record equipment and
any necessary procedure for determining gross receipts shall be mutually agreed upon
and shall be implemented at the CONCESSIONAIRE'S expense.
C. Audit. The CONCESSIONAIRE shall keep true and complete records and accounts of all
gross receipts and business transacted, including daily bank deposits, and semi-annually
furnish a true and accurate statement for the preceding six months of all such receipts and
business transacted during such preceding six months (showing the authorized deductions
or exclusions in computing the amount of such gross receipts and business transactions),
-Which statement shall be certified by an authorized representative of the
CONCESSIONAIRE to be accurate. The CONCESSIONAIRE agrees to establish and
maintain a system of bookkeeping and fiscal year accounting satisfactory to the CITY'S
auditor and to give the CITY access during reasonable hours to such books and records.
The CONCESSIONAIRE agrees that it will keep and preserve for at least three (3) years
all sales slips, cash register tapes, sales books, cash deposit receipts, bank books or
duplicate deposit slips, and other evidence of gross receipts and business transacted for
such period. The CITY'S auditor and the City Manager and their respective authorized
representatives shall have the right at any time and from time to time to audit all of the
books of the account, bank statements, documents, records, returns, papers and files of
the CONCESSIONAIRE relating to gross receipts and business transacted, and the
CONCESSIONAIRE on request by either, shall make all such matters available for such
examination. If the CITY shall make or have such an audit made for any year and the
gross receipts and business transacted shown by the CONCESSIONAIRE'S statement for
such year should be found to be understated by one percent (1 %), the
CONCESSIONAIRE shall reimburse the CITY the cost of such audit. The CITY'S right to
audit shall expire three (3) years after the CONCESSIONAIRE'S statement has been
delivered to and accepted by the CITY.
8. Termination
A. This lease agreement may be terminated by either party thirty (30) days after delivery of
written notice of such termination and reason(s) for the lease termination.
B. This lease agreement may, at the option of the CITY, be terminated immediately if the
CONCESSIONAIRE shall become insolvent or bankrupt, make an assignment for the
benefit of creditors or be convicted of a crime or any other similar gross mispropriety.
Page 5 of7
Oceanfront Park
Conccssion Lease Agreement
C. A termination of the lease agreement for reasons other than expiration of the term, shall be
effected as follows:
1 . If conditions are present which are considered by either party to be cause for
termination, written notice shall be provided to the other party, and a sufficient period
of time shalLbe given by the CITY to correct the conditions.
2. If the conditions are not corrected within a reasonable time, then this lease agreement
may be terminated for such conditions by giving thirty (30) days written notice.
3. In the event the CONCESSIONAIRE fails to pay the CITY charges or fees strictly in
accordance with the terms of this lease agreement, the CITY may cancel and
terminate this lease agreement at any time upon five (5) days written notice to the
CONCESSIONAIRE.
4. If this lease agreement is cancelled or terminated by the CITY, or if the CITY shall
discontinue its operations, the CONCESSIONAIRE shall pay to the CITY all sums then
due from the CONCESSIONAIRE to the CITY.
D. The acceptance of monies due the CITY for any period or periods after a default of any of
the terms, covenants or conditions of this lease agreement shall not be deemed a waiver
on the part of the CITY of any part of this agreement.
E. No waiver or default by the CITY of any of the terms, covenants or conditions hereof to be
performed, kept and observed by the CONCESSIONAIRE shall be construed to be or act
as a waiver of any subsequent default of any of the terms, covenants and conditions
herein contained to be performed, kept and observed by the CONCESSIONAIRE.
F. Delivery After Termination. The CONCESSIONAIRE will deliver the premises and any
permanent improvements and attached accessories to the CITY at the termination of this
lease agreement in same condition and state of repair as when received, except for
ordinary wear and tear or loss or damage caused by an act of God.
G. Removal on Termination. On the date of termination hereof, or in case of the relationship
created by the lease agreement prior thereto, on written notice, the CONCESSIONAIRE
shall have the right to remove from said premises all personal property, fixtures and
equipment not a part of the real estate, installed by it and title to which it retains subject,
however, to any valid lien or claim which the CITY may have for unpaid fees, provided
also, that if said removal causes any damage to the premises, the CONCESSIONAIRE
shall repair the same in a proper and satisfactory manner at its own expense. The
provision of this paragraph shall not apply to the personal property to which the CITY has a
right to use and purchase pursuant to this lease agreement.
Page 6 of7
Oceanfront Park
Ccncessioll Lease Agreement
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,:J / day of
;'.. fL'f3 t:'/!.- 1999.
FOR THE CONCESSIONAIRE
Witnesses: ,
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Witnesses:
TATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
Personally appeared before me duly authorized to administer oaths, GERALD BROENING, Mayor of
the City of Boynton Beach, to me known to be the person described herein and who executed the
foregoing instrument and he duly acknowledged before me that he executed the same.
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Not Public
My Commission Expires:
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
1'<111111111111/11111/''/111111111111/11111111111111111.1
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(~~~ ~... Suzanne H. Kruse > .
~ .. '" Notary Public, Stale of Florida :
(~ ; Commission No. CC 608148 >
~ '>OfF\.1) My Commission Exp. 01/0212001:
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Personally appeared before me duly authorized to administer oaths, LYSE B. STECKO, President of
Partners Plus, Inc., to me known to be the person described herein and who executed the foregoing
instrument and she duly acknowledged before me that she executed the same.
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Notary Public
Page 7 of7
My Commission Expires:
t/i-" Pi/, Barbara M. Madden
S:&\9~ Commission /1 CC 760461
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CONCESSION LEASE AGREEMENT
THIS AGREEMENT, made and entered into this c,/ day of (mac j oJ3 cJ? 1999, by and
between the CITY OF BOYNTON BEACH, FLORIDA, hereinafter referred to as "CITY," and
PARTNERS PLUS, INC , hereinafter referred to as "CONCESSIONAIRE "
1. Contract Objectives
The CITY shall grant to the CONCESSIONAIRE, as an independent contractor, the exclusive
right and the CONCESSIONAIRE shall accept from the CITY the exclusive right to operate
within the designated City facility (hereinafter "PREMISES ")
A Concessions in order to provide food and beverage services for the daily use of residents
and visitors to the Boynton Beach Municipal Beach Park
B The CONCESSIONAIRE agrees to sell on the concession site food and beverages as
allowed by the Town of Ocean Ridge variance granted to the City of Boynton Beach for the
exclusive use by residents and visitors to the Boynton Beach Municipal Beach at
Oceanfront Park.
2 Leasehold Premises
City agrees to lease to Tenant a portion of the designated City facility located at the Boynton
Beach Municipal Park and more particularly described as "the concession building, located on
the central boardwalk within Oceanfront Park, is a wooden structure of approximately 260
square feet. The structure is designated as the "snack bar," and is owned by the City of
Boynton Beach, Florida and operated for the selling of food and beverages for beach patrons."
3. Term of Lease
This lease agreement shall be in force for a period of three (3) years effective
November 1, 1999 unless sooner terminated as otherwise provided in Section 8, Termination,
with an option to renew for a period of two (2) one (1) year terms if mutually agreed upon by
both the CITY and CONCESSIONAIRE and subject to any additional conditions agreeable to
both parties.
4. Compensation
A. The CONCESSIONAIRE agrees to pay the CITY a sum of $1,000 per month for the period
of time indicated in Section 3, Term of Lease. Said payment shall be made and received
by the City on or before the 1st day of each and every month A late fee of 15% ($150) will
be charged for payments received after the 5th day of each month
Oceanfront Park
Concession Lease Agreement
5. Risk Management
A. The CONCESSIONAIRE agrees to indemnify and save harmless the CITY from all suits,
claims, damages, and actions of any kind or nature of injury arising directly or indirectly on
the part of the CONCESSIONAIRE, its agents, servants, employees, contractors and
suppliers, arising out of its operation under this lease agreement.
B The CONCESSIONAIRE shall secure and maintain for the duration of this lease the
following insurance coverage:
1 Comprehensive general liability in the minimum amount of One Million Dollars
($1,000,000) per occurrence Liability policy shall name the City as additional insured.
2 Property Damage to the full insurable value of all property involved in the lease
agreement
3. Workers Compensation Insurance in full compliance with the State of Florida Workers
Compensation Law.
C. Fire, Theft, Vandalism and Extended Coverage in a sufficient amount to insure
CONCESSIONAIRE for such Toss to its own equipment and that of its suppliers which
CONCESSIONAIRE shall elect to place or install on the premises Such a policy shall
contain standard waiver of subrogation clause and a certificate of such endorsement shall
be furnished to the CITY
D All policies of insurance shall be issued by insurance companies licensed to do business in
the State and having a Best's policy- holder's rating of A or better and a Best's financial
rating of AA+ or better. All policies shall contain an endorsement providing the Risk
Manager of the City of Boynton Beach thirty (30) days prior written notice in advance of
any material alteration or cancellation of said policies Certificates of insurance shall be
provided to Risk Management prior to the commencement of the term of this lease
agreement.
6. General Conditions
A. The CONCESSIONAIRE shall be open for operation seven (7) days per week with the
following schedule: 10.00 A.M. to 5 00 P.M. with the option to expand hours to include 9.00
A.M to 6•00 P.M. This schedule will be strictly adhered to unless permission to close is
granted by the chief City official on duty at the beach during the time in question
Expanded hours are at the discretion of the CONCESSIONAIRE Total available hours are
subject to the regulations of the Town of Ocean Ridge. Exact times of opening and closing
may have seasonal variations if approved by the City Manager Hours of operation shall be
consistent and strictly adhered to
B. The CONCESSIONAIRE shall be responsible for prompt and full payment of all utility bills
related to the CONCESSIONAIRE'S operation These utilities include, but not limited to
electric service, water and sewer service, sanitation and gas
Page 2 of 7
Oceanfront Park
Concession Lease Agreement
C. Assignment. The CONCESSIONAIRE will not assign or transfer its rights and privileges
granted under this lease agreement, either in whole or in part, without first obtaining the
written consent of the City Manager
D. Destruction of Premises. In the event that the concession site is destroyed or damage by
fire or other casualty so as to render it untenable, the lease agreement shall be suspended
until such time as the premises are rendered again tenable. If the CITY elects not to render
the premises tenable again, it shall notify the CONCESSIONAIRE and, upon furnishing
such notice, this lease agreement shall be terminated.
E. Temporary Improvements to Facility. The CONCESSIONAIRE shall have the right to
improve the facilities subject to the approval of the City Manager The
CONCESSIONAIRE, at his or her own expense, may install a security alarm system upon
approval from the CITY All such improvements shall meet all applicable codes and shall
be of a temporary nature, and shall be paid for, erected and removed by the
CONCESSIONAIRE at the termination of this lease agreement
F. Exclusivity The CITY shall not operate any additional competing concessions at the
Boynton Beach Municipal Beach Park or at any additional adjacent property acquired by
the CITY without the CONCESSIONAIRE'S approval and without the CONCESSIONAIRE
having the first option as to additional operations.
The CITY reserves the right as themselves or any organization granted powers as their
agent to sell food and beverages for special community event programs of short duration
(one to three days each) as scheduled by the CITY
G Waiver of Damages. The CONCESSIONAIRE hereby expressly waives any and all claims
for compensation for any and all damage sustained by reason of any defect, deficiency, or
impairment of the water supply system, drainage or heating systems, steam pipes electrical
wires leading to the concession areas, or by reason of any Toss resulting from failure of any
water supply, heat or current which may occur from time to time from any cause, or for any
loss resulting from water; for any loss, damage or claim resulting from the cancellation,
interruption, or termination by the CITY for any reason of any event scheduled for public or
private attendance at the concession site, and the CONCESSIONAIRE hereby expressly
releases and discharges the CITY and its agents from any and all demands, claims, action
and cause of actions arising from any of the causes aforesaid The CONCESSIONAIRE
shall and hereby does release the CITY from all liability for the Toss or damage of
merchandise, goods, equipment or any other property of whatsoever kind of the
CONCESSIONAIRE or any of his /her suppliers caused by fire, theft, water, storm,
windstorm, vandalism, or any other causes whatsoever.
H. Delivery of Supplies. The CONCESSIONAIRE shall arrange for the delivery of supplies
used by it at the concession site at times and in a manner so that such deliveries do not
create congestion or undue interference with the regular operation and maintenance of the
site.
I Advertising Materials Signs, advertising materials, posters and other such material used
by the CONCESSIONAIRE shall be subject to the approval of the City Manager
Page 3 of 7
Oceanfront Park
Concession Lease Agreement
J The CONCESSIONAIRE shall make every effort to assist the CITY in keeping the area free
from debris and litter.
K. Food and beverages sold by the CONCESSIONAIRE are restricted by the Town of Ocean
Ridge as indicated below
❖ hot dogs (not fried)
❖ condiments for above
❖ prepackaged sandwiches
❖ prepackaged potato chips, peanuts, etc.
• candy
•: hamburgers (not fried)
❖ condiments for above
❖ prepackaged bakery goods
❖ ice cream, ice cream bars and other dairy products
❖ soft drinks, coffee and tea
L. Antidiscrimination Clause. The CONCESSIONAIRE shall not discriminate against any
employee or applicant for employment in the performance of this lease agreement, with
respect to hire, tenure, term, condition or privileges of employment or any matter directly or
indirectly related to employment because of race, color, religion, national origin, ancestry,
marital status, sexual orientation, age or disability
M. Modification and Amendments. No modifications or amendments to this lease agreement
shall be valid unless reduced to writing and signed by both parties.
N. Integration of All Agreements and Understandings. This lease agreement contains the
entire agreement between the CITY and CONCESSIONAIRE All prior agreements and
understandings whether written or oral are fully abrogated and of no further force and effect
from and after the date of this lease agreement
O. Governing Law. This lease agreement under terms, conditions and covenants contained in
it shall be governed and construed in accordance with the laws of the state of Florida.
P Litigation In connection with any litigation arising out of this lease agreement, the
prevailing party shall be entitled to recover all costs incurred, including reasonable
attorney's fees.
7. Financial Operations
A. The CONCESSIONAIRE shall pay promptly all taxes, excise or license fees of whatever
nature, applicable to this operation, and take out and keep current all licenses, municipal,
state or federal, required for the conduct of the business, and further, shall not permit any
of said taxes, excise or license fees to become delinquent. The CONCESSIONAIRE shall
not permit any mechanic's or materialmen's or any other lien to be imposed upon the
lease property for any work or labor performed
The CONCESSIONAIRE shall make available, upon request, duplicate receipts or other
satisfactory evidence showing the prompt payment of the social security, unemployment
compensation and all taxes and fees above referred to, and showing that the said workers
Page 4 of 7
Oceanfront Park
Concession Lease Agreement
compensation insurance and all required licenses are in good standing. The
CONCESSIONAIRE shall pay promptly when due all bills, debts and obligations incurred
in connection with the operation of the concession and shall not permit same to become
delinquent and suffer no lien, mortgage, judgement, execution or adjudication in
bankruptcy which will in any way impair the rights of the CITY under this Agreement.
B. Accounting to the CITY. The CONCESSIONAIRE shall keep a true and accurate account
of all monies received through the operation of the concession herein granted and shall, on
or before the 20 day of each month of the agreement, render and deliver to the CITY an
itemized statement showing all monies received during the calendar month immediately
preceding. Methods of accounting, cash recording devices, books, record equipment and
any necessary procedure for determining gross receipts shall be mutually agreed upon
and shall be implemented at the CONCESSIONAIRE'S expense.
C. Audit. The CONCESSIONAIRE shall keep true and complete records and accounts of all
gross receipts and business transacted, including daily bank deposits, and semi- annually
furnish a true and accurate statement for the preceding six months of all such receipts and
business transacted during such preceding six months (showing the authorized deductions
or exclusions in computing the amount of such gross receipts and business transactions),
which statement shall be certified by an authorized representative of the
CONCESSIONAIRE to be accurate The CONCESSIONAIRE agrees to establish and
maintain a system of bookkeeping and fiscal year accounting satisfactory to the CITY'S
auditor and to give the CITY access during reasonable hours to such books and records
The CONCESSIONAIRE agrees that it will keep and preserve for at least three (3) years
all sales slips, cash register tapes, sales books, cash deposit receipts, bank books or
duplicate deposit slips, and other evidence of gross receipts and business transacted for
such period The CITY'S auditor and the City Manager and their respective authorized
representatives shall have the right at any time and from time to time to audit all of the
books of the account, bank statements, documents, records, returns, papers and files of
the CONCESSIONAIRE relating to gross receipts and business transacted, and the
CONCESSIONAIRE on request by either, shall make all such matters available for such
examination If the CITY shall make or have such an audit made for any year and the
gross receipts and business transacted shown by the CONCESSIONAIRE'S statement for
such year should be found to be understated by one percent (1%), the
CONCESSIONAIRE shall reimburse the CITY the cost of such audit. The CITY'S right to
audit shall expire three (3) years after the CONCESSIONAIRE'S statement has been
delivered to and accepted by the CITY
8. Termination
A. This lease agreement may be terminated by either party thirty (30) days after delivery of
written notice of such termination and reason(s) for the lease termination
B. This lease agreement may, at the option of the CITY, be terminated immediately if the
CONCESSIONAIRE shall become insolvent or bankrupt, make an assignment for the
benefit of creditors or be convicted of a crime or any other similar gross mispropriety.
Page 5 of 7
Oceanfront Park
Concession Lease Agreement
C. A termination of the lease agreement for reasons other than expiration of the term, shall be
effected as follows.
1 If conditions are present which are considered by either party to be cause for
termination, written notice shall be provided to the other party, and a sufficient period
of time shall be given by the CITY to correct the conditions.
2 If the conditions are not corrected within a reasonable time, then this lease agreement
may be terminated for such conditions by giving thirty (30) days written notice
3 In the event the CONCESSIONAIRE fails to pay the CITY charges or fees strictly in
accordance with the terms of this lease agreement, the CITY may cancel and
terminate this lease agreement at any time upon five (5) days written notice to the
CONCESSIONAIRE
4 If this lease agreement is cancelled or terminated by the CITY, or if the CITY shall
discontinue its operations, the CONCESSIONAIRE shall pay to the CITY all sums then
due from the CONCESSIONAIRE to the CITY
D The acceptance of monies due the CITY for any period or periods after a default of any of
the terms, covenants or conditions of this lease agreement shall not be deemed a waiver
on the part of the CITY of any part of this agreement.
E. No waiver or default by the CITY of any of the terms, covenants or conditions hereof to be
performed, kept and observed by the CONCESSIONAIRE shall be construed to be or act
as a waiver of any subsequent default of any of the terms, covenants and conditions
herein contained to be performed, kept and observed by the CONCESSIONAIRE.
F Delivery After Termination. The CONCESSIONAIRE will deliver the premises and any
permanent improvements and attached accessories to the CITY at the termination of this
lease agreement in same condition and state of repair as when received, except for
ordinary wear and tear or loss or damage caused by an act of God
G Removal on Termination On the date of termination hereof, or in case of the relationship
created by the lease agreement prior thereto, on written notice, the CONCESSIONAIRE
shall have the right to remove from said premises all personal property, fixtures and
equipment not a part of the real estate, installed by it and title to which it retains subject,
however, to any valid lien or claim which the CITY may have for unpaid fees, provided
also, that if said removal causes any damage to the premises, the CONCESSIONAIRE
shall repair the same in a proper and satisfactory manner at its own expense. The
provision of this paragraph shall not apply to the personal property to which the CITY has a
right to use and purchase pursuant to this lease agreement.
Page 6 of 7
Oceanfront Park
Concession Lease Agreement
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,/ day of
0,6',1"0/e312,,, 1999
FOR THE CONCESSIONAIRE
Witnesses
/91-41<
17
/
THE TY OF : •Y TON BEACH, FLORIDA
ayor, G- aid Broening 0 4,
a) 0FATF •. O y
Witnesses ' Q : ` '
Appr ved as to for r 0
P O D :
City Attorney, James Cherof ������rrrrl
STATE OF FLORIDA
)ss.
COUNTY OF PALM BEACH
Personally appeared before me duly authorized to administer oaths, GERALD BROENING, Mayor of
the City of Boynton Beach, to me known to be the person described herein and who executed the
foregoing instrument and he duly acknowledged before me that he executed the same
My Commission Expires
Not-if Not-ify Public jlllllllA�llllllllNJ !)llJlll!!II!!lllllllilllllll
< p� *RY PUe Su zanne H. Kruse '
a 0 Notary Public, State of Flonda
< 7 Commission No CC 608148
l'oFFl.e MyCo:mnnsionExp 01/02/2001;
STATE OF FLORIDA < I- 800-3- NOTARY - rla Notar Service & Bonding Co ;
)SS:
COUNTY OF PALM BEACH
Personally appeared before me duly authorized to administer oaths, LYSE B. STECKO, President of
Partners Plus, Inc , to me known to be the person described herein and who executed the foregoing
instrument and she duly acknowledged before me that she executed the same.
A C- Cure r et My Commission Expires:
Notary Public YP Barbara M. Madden
o ~� :, U 0Commion # CC 760467
Z '' Expires NDE TH RU M
Page 7 of 7 OF P ATLANTIC RONDING CO., INC
RESOLUTION R99 -43,5
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND PARTNERS PLUS, INC., PROVIDING
FOR CONCESSIONS OPERATIONS AT
OCEANFRONT PARK "; AND PROVIDING AN
EFFECTIVE DATE.
I WHEREAS, Partners Plus has been providing concession
l operations at Oceanfront Park since 1992; and
, I
WHEREAS, City staff has been able to successfully negotiate an
Agreement with Partners Plus, Inc. that provides for continuity of
service to the public, as well as providing for an increased rental fee to
the City;
WHEREAS, the City Commission has deemed it to be in the best
interests of the residents and citizens of the City of Boynton Beach to
execute a Lease Agreement between the City of Boynton Beach and
Partners Plus, Inc..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby authorize and direct the Mayor and City Clerk to
execute the Lease Agreement between the City of Boynton Beach and
Partners Plus, Inc., a copy of said lease being attached hereto as Exhibit
Section 2. This Resolution will become effective immediately
upon passage.
PASSED AND ADOPTED this zg day of October, 1999.
CITY OF BOYNTON BEACH, FLORIDA
1
/./ AeP i ,
• ayor
II
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V ce Mayor
Mayor Pro Tem
1 •
il \Naktk oiAa i'LeAN_
1 Commissioner ,
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/ . / « 1
Commissioner
ATTEST:
! -i... 1 1 r c._—.
CV Clerk
(Cor Me4SO4�i'
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ca\ ioilprlime $1 G lus each con
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