HomeMy WebLinkAboutR96-153 RESOLUTION NO. R96-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID FOR THE GOLF COURSE
CONCESSION TO J.C. FOOD SERVICE
CONCESSION AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT BETWEEN
THE CITY OF BOYNTON BEACH AND J.C. FOOD
SERVICE CONCESSION, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, bids were received for the Golf Course Concession on October
8, 1996, (Bid No. 002-725-97/CJD); and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
recommendation of staff, has determined that J.C. Food Service Concession, is the
most responsive, responsible bidder meeting all required specifications.
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,
hereby approves the award of a bid for the Golf Course concession to J.C. Food
Service Concession, and authorizes and directs the Mayor and City Clerk to
execute a Contract between the City of Boynton Beach and J.C. Food Service
Concession, a copy of which is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
ATTEST:
City~lerk
(Corporate Seal)
day of October, 1996.
CiTY Of BOYNTON
FLORIDA
7,ommissioner
Commissioner
/ Com~ni~sioner
./
CITY OF BOYNTON BEACH
LEASE AGREEMENT
Please (X) if specification is. met. If exception is taken bidder
must explain. (Use a separate sheet, if necessary).
This lease agreement is made and entered into by and between the
City of Boynton Beach, Florida, a municipal corporation,
hereinafter referred to as the "CITY" and J.C.'S FOOD SERVICE
CONCESSION , hereinafter, referred to as the "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.
X
X
X
A. The City will grant to the CONCESSIONAIRE, as an
independent contractor, the exclusive right and the
CONCESSIONAIRE will accept from the CITY the exclusive
right, and agrees to operate concessions (herein after
more fully defined) and provide food and beverage
services for daily use of the players and their guests,
for tournaments, meetings, special events, and beverage
vending at rest areas "B", "C" and the Range Building
at the Boynton Beach Municipal Golf Course.
B. The CONCESSIONAIRE agrees to sell, on the concession
site, food, beverages, including soft drinks, fermented
malt beverages, vinous beverages, ice cream, tobacco
products, other such refreshments, and sundry items,
for the exclusive use by players at the course and
their guests only. Any other use of the concession
site, other than ~he normal daily business with players
at the course, must have prior approval by the City
Manager.
C. The CITY reserves the right of review and final
approval for the following:
--- Interior furnishings
--- Hours of operation
--- Menu and prices
--- Review of management and employees
--- Future renovations
--- Entertainment
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
In reserving these rights, the CITY does not intend to
interfere with normal operations of the concession.
Rather, these rights shall serve as safeguards agains5
improper operation.
X
Term of Contract
The · of Boyn%on Beach shall lease the concession
site the successful bidder for a term of thirtY-six
(36) months, r 1, 1996. The
first contra, expire October ~31, 199:9.
there ha~
the
lease for a minimum of
one (1) year each. Con~
extend one 'e
extension
extensions, ~ ~hould
City's best interests.
default by
ect
1 of
L1 be accorded to
two (2) one-year
request
be in the
X
Compensation
Bidders shall prepare their bid based on a percentage
of the concession's gross receipts from all direct or
indirect food and beverage sales, payable to the CITY.
MINIMUM ACCEPTABLE PERCENTAGE IS 15%
BIDDER'S PROPOSED PERCENTAGE: 20%
This fee shall be specified in the bidder's proposal as
a percentage of gross receipts, and shall apply during
every month of the concession's operation.
Percentage fees shall be due on the tenth day following
the end of each calendar month, and shall not be
contingent upon profitability of the concession's
operations. SEE PAGE 13, "6". Financial Operations, C.
SALES AND USE TAX."
"Gross receipts" are defined as sales for cash or on
credit, less applicable sales tax and added gratuities,
if any.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
1
X
X
Risk Manaqement
A. The CONCESSIONAIRE agrees to indemnify and save
harmless the CITY from all suits, claims, damages,
and actions of any kind or nature 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 agreement the following
insurance coverages:
X
X
1. Comprehensive General Liability in the minimum
amounts of $300,000.00 per person and $500,000.00
per occurrence.
2. Property Damage to the full insurable value of
all property involved in the lease.
Both policies shall name the CITY as an additional
insured and shall include Product Liability and
Contractual Liability coverage.
X
3. Workers Compensation Insurance in full compliance
with the State of Florida Workers Compensation Law.
X
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.
X
D. All policies of insurance shall be issued by
insurance companies licensed to do business in the
State of Florida 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 Department of Risk Management
of the City of Boynton Beach thirty (30) days prior
written notice in advance of any material alteration or
cancellation of said policies. All policies of
CONCESSIONAIRE shall be submitted to the Deppartment of
Risk Management not less than ten (10) days prior to
the commencement of the term of this Contract.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
2
X
General Conditions
A. The CONCESSIONAIRE shall be open fOr operation seven
(7) days per week with the following schedule: Hours of
operation are to coincide with the seasonally
dete ~s of o )n of the pro shop.
course is closed.
rictly adhered
to.
Exact time of opening and closing may have seasonal
variations if approved by the City Manager. However,
hours must be c~nsistent and strictly adhered to.
B. Rates Food and Merchandise
The CONCESSIONAIRE agrees to provide for the public, at
the concession site, food, drink and service of high
standard, equivalent in quality and price to that
generally furnished to the public at similar places of
comparable size and in the CITY and surrounding
areas. Prices of all chandise sold shall be posted
in a conspicuous place concession area. No
other advertising signs be permitted at the
concession site without the written consent of the City
Manager.
X C. Utilities
X
The CITY shall provide utilities to the CONCESSIONAIRE,
which includes electricity and water and sewer service.
The CONCESSIONAIRE will be responsible for supplying
the propane gas that is required for the operation of
the kitchen equipment. The CITY will provide the
telephone and designate phone number for
CONCESSIONAIRE, but CONCESSIONAIRE will be responsible
for all local and long distance calls and applicable
taxes, payment to be made to !the CITY when bill is
rendered to it by the telephone company (monthly).
D. Performance Bond
A performance bond or cash deposit in the amount of
$4,000.00 will be required of the CONCESSIONAIRE prior
to the signing of the lease agreement. Said bond or
deposit shall be conditioned upon the CONCESSIONAIRE'S
faithful performance of all things herein required of
him.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
X
E. 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.
X F. Destruction of Premises
In the event that the concession site is destroyed or
damaged 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.
X G. Temporary improvements to Facility
X
The CONCESSIONAIRE shall have the right to'improve the
facilities in a proper and pleasing decor, subject to
the approval of the City Manager. 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.
H. Biannual Review
After six months of signing of the original lease
agreement and every six months thereafter until this
lease agreement is terminated as provided, both parties
are to meet to review the operation of the concession
and "fine tune" the operation to the satisfaction of
both parties. At that meeting subjects discussed will
include, but will not be limited to, quality of food
and service, prices of food, beverage and tobacco
products, cleanliness of concession site, reaction of
patrons to the operation, the quality of the
CONCESSIONAIRE'S employees, and the hours of operation.
I. Exclusivity -
The CITY shall not operate any additional competing
concessions at the Boynton Beach Municipal Golf Course
or at any additional adjacent property acquired by the
CITY without the CONCESSIONAIRE'S approval and without
the CONCESSIONAIRE having first option as to additional
operations.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
4
X
The CITY reserves the right as ~hemselves or any
organization granted power as their agent to sell food
and beverages for special community event programs of
short duration (one to three days).
X
J.. License for Sale of Alcoholic Beverages
The CONCESSIONAIRE is hereby permitted and expected to
secure licenses required for the. selling to, the public
by the drink, fermented malt beverages and vinous
beverages, but it that the
CITY that such liCense or
licenses will be granted to the CONCESSIONAIRE.
X ..K. 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, or 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 CITYifor any reason
of any ~vent 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
causes of actions arising from any of the causes
aforesaid. TheCONCESSIONAIRE shall and hereby does
release the CITY from all liability for the loss or
damage of merchandise, goods, equipment any other
whatsoever kind of the :IONAIRE or
any of ~liers caused by fire , water,
storm., windstorm, vandalism, or any other causes
whatsoever.
L. 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 an undue interference with the regular
operation and maintenance of the site.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
X M. Advertising Materials
Signs, advertising materials, posters and other such
material used by the CONCESSIONAIRE shall be subjecu to
the approvat of the City Manager.
X N. Burglary and Fire Protection
The CITY will provide a U.L. approved Burglary and Fire
Alarm system for the concession site, and will pay for
same o
~ O. Management Ethics
The restaurant will be operated as a respectable
establishment within the Rules and Regulations of the
Florida Restaurant Code of Ethics, which are deemed
incorporated into this Agreement. Failure to do so
shall constitute a breach of the Agreement.
X P. Antidiscrimination Clause
The CONCESSIONAIRE shall not discriminate against any
employee or applicant for employment to be employed in
the performance of this Agreement, with respect to his
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, sex, age or handicap status.
X Q. Litigation
In connection with any litigation arising out of the
Contract, the prevailing party shall be enuitled to
recover all costs incurred, including reasonable
attorney's fees.
x R. Grant of Concession
The CITY will grant the CONCESSIONAIRE, and the
CONCESSIONAIRE will accept from the CITY, an exclusive
agreement to use and operate on a daily basis for the
exclusive use of golfers and their guests the dining
area and its furniture (list attached) of the
Clubhouse, seating capacity of approximately 50 people,
with an estimated 1000 square feet of floor space, beer
and wine bar with 15 stools and approximately 60 square
feet, the kitchen and its equipment (list attached)
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
approximately 150 square feet of space, in the
clubhouse building at the 27 hole Boynton Beach
Municipal Golf Course, together with nonexclusive
right to the use of the ressrooms in said building
whenever the facilities.are open (Exhibit A Kitchen
Equipment) (Exhibit B Bar Equipment) (Exhibit C
Dining Room Furniture).
X
S. Equipment and~Property
1. The CITY shall provide, and continue to own, the
equipment as listed on Exhibits "A" and "B", and the
furnishings for the restaurant and bar area as
listed on Exhibit "C" and any other items the CITY
decides to provide for the convenience of its
golfers and patrons.
2. General Maintenance: The CONCESSIONAIRE will
accept the facilities and equipment located therein
"as is" in their presently existing condition as of
the date of this Agreement. CONCESSIONAIRE shall at
its own expense make all repairs necessary to
maintain the interior of the facilities and the
equipment located therein including, but not limited
to the interior walls and doors of the facilities, the
plumbing and electrical systems located within the
facilities, the heating and cooling systems serving
the facilities. The CONCESSIONAIRE shall maintain
all equipment in good condition, whether owned by
the CITY or by the CONCESSIONAIRE. CITY property
shall be subject only to such depreciation as may
result from Ordinary wear and tear resulting from
ordinary use. The CONCESSIONAIRE shall be the
insurer of the CITY against the risk of loss, theft,
or damage as a result of the CONCESSIONAIRE'S
negligence to any fixtures, equipment or personal
property owned by the CITY which is located at the
concession site, and shall promptly repair or
replace the same within five (5) days of such loss,
theft, or damage. CONCESSIONAIRE will not make any
alterations, additions or improvements to the
facilities without the prior consent of the CITY.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
7
X
X
X
Ail alterations, additions and improvements, whether
temporary or permanent in character, shall at all
times be deemed to be the property of the CITY and
shall remain upon the facilities at the termination
of the Agreement. CONCESSIONAIRE shall pay for all
repairs or replacements to the heating and air
conditioning system serving the facilities; however,
CONCESSIONAIRE shall not be responsible for repairs
to the heating and air conditioning which exceed
$2,5O0.
3. St?n. dards: The CONCESSIONAIRE covenants and agrees
that it Will, at all timeS, keep, maintain and operate
the facilities in accordance with the standards
referred in Section 5.S.4 hereof.
~4. Maintenance Standards FaCilities: The specific
standards for the maintenance of the facilities are set
forth on Exhibit "D" attached hereto.
~5. Laws: The CONCESSIONAIRE shall comply with all laws
whatsoever guiding the operation of the facilities.
6. Upon the termination of the lease agreement, the
CONCESSIONAIRE will return to the CITY all equipment
and furnishings listed on Exhibits "A", "B", and "C" as
they now exist, and as they may subsequently be amended
to include furnishings and/or other equipment. The
CONCESSIONAIRE will agree to pay the CITY an amount
equal to the current replacement price of each item not
returned, or returned in an unserviceable condition.
In the event of the termination of the lease agreement,
the CITY shall have the first option of purchasing, for
an amount ascertained by negotiation, all or any of the
property belonging to the CONCESSIONAIRE and used under
this lease agreement, including, but not limited to,
furniture, furnishings, television, equipment,
utensils, food, beverages and miscellaneous supplies on
hand, which option must be exercised by the CITY 60
days prior to the termination or expiration of the
lease agreement. During the 60 day period, the CITY
and theCONCESSIONAIRE will inventory and valUe the
property.
THIS PAGE TO BE SUBMITTED ALON~ WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
8
X T. Sanitation
equipment
CONCESSIONAIRE, the CITY, or third parties, in a clean,
sanitary and orderly condition at all timesl 'and
With all
County.
maintaining the floors in the
and
area and
clean,
X U. Staffing & Supervision
CONCESSIONAIRE shall bear all responsibility for the
continuous staffing of the concession facility and
provide a resident manager who is accessible to the
City Manager. THE OWNER/OPERATOR MUST BE ON SITE A MINIMUM
OF FIVE (5) DAYS AND FORTY (40) HOURS PER WEEK. Ample,
competent and sufficient personnel shall be on duty at all
times to accommodate the public. Ail State and Local
regulations pertaining to food service
adhered to and use the premises for
whatsoever. All personnel of the
dressed in a neat-appearing, clearly
CONCESSIONAIRE must provide Workmen's
ce for all concession staff
rmless the CITY from any
ret from injury to or actions
the ISiONAIRE.
The CITY shall, however, reserve 'the
employees and require the rep
ab ~, influence of
drugs, afflicted by dis~
conduct or appearance otherwise de
facility's reputation and profitability.
must be
purposes
~RE shall be
~le uniform.
ion
~fend and
.uits
~loyees of
i, shall be
lIRE.
eview
who are
~rs of
~se
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
X V. Notices
Any notice or communication which the CITY may desire to
give the CONCESSIONAIRE shall be deemed sufficiently
rendered or given if the same be in writing and sent by
registered mail addressed to the CONCESSIONAIRE as set
forth in the Agreement, or a:t the latest address
substituted therefore by the CONCESSIONAIRE in writing
to the CITY, or left at such address or delivered to
the CONCESSIONAIRE'S representative; and the time of
rendition of such notice or.communication shall be
~ when the same is mailed, left or
dE
CONCE.~
sent
City of Boynton
such other address as
notice
to the CONCESSIONAIRE.
a(
ted. Any notice from the
shall be lven if
~sed to City Manager,
by
W. General
X Bidder should include a sample menu with prices,
including food, beverages, candy, and tobacco products.
X
X
X
__Table service is required from November 1st through
April 30th everyday, and on weekends and holidays from
May 1st through October 31st (minimum) during hours of
operation.
There are to be some manner of placemats and set-ups
(including menus) at each table.
A specific area for counter pick-ups should be
identified.
6.F~nancial Operations
X
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.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
10
The CONCESSIONAIRE further shall at all times maintain
adequate workmen's compensation insurance with an authorized
The
mat
t
Si
or
r~
:o shallno
s or any other lien
el
l~ tO
or
ipts
all
or
The CONCESSIONAIRE shall pay promptly when due al~l 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, morugage,
judgement,
which will of the TY
under this lease agreement.
B. X Reports and Records
CONCESSIONAIRE shall maintain during the term of the
contract all books of account, reports, and records
cuStomarily used in this type of operation. The form
of all suCh records and reports shall be subject to the
approval of the City's Finance Director.
During normal business hours, the City or its Agents
may audit and examine all records relating to the
CONCESSIONAIRE'S operation of the concession.
On or before the tenth day following the end of each
calendar month throughout the term of the contract,
CONCESSIONAIRE shall furnish to the City's Finance
Department and Golf Director a report of gross receipts
earned during the preceding calendar month, on forms
approved by the CITY.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACEAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
11
The report shall be signed by the CONCESSIONAIRE, certifying
to the accuracy of such gross receipts. Monthly gross
receipts percentage fees due shall be paid with the
submission of the report.
CONCESSIONAIRE shall submit to the City's Finance
Department, at CONCESSIONAIRE'S expense and within
sixty (60).days following each twelve (12) month period
under the contract~, a certified report prepared and
attested to by an independent Certified Public
Accountant., as to the correct gross receipts per month
arisi'ng from the concessions operations; prepared in
conformance with the American Institute of Certified
Public Accountant's Requirements for "Special Reports"
The CONCESSIONAIRE shall submit to the Golf Director a
weekly sales report detailing revenues realized from
the sale of foods and beverages.
X C. Sales and Use Tax
CONCESSIONAIRE shall be liable for the prevailing State
of Florida sales and use tax imposed on rent for
amounts payable to the CITY under the contract. This
sales and use tax shall be payable to the CITY which
in turn shall remit same, less authorized handling
deductions, to the State.
X D. Payment of Fees
CONCESSIONAIRE shall submit all payments of percentages
fees, plus any other payments to:
City of Boynton Beach - Finance Dept.
P.O. Box 310, Boynton Beach, FL 33425-0310
Ail payments must be made in U.S. dollars. Check must
be made payable to "City of Boynton BeaCh".
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 slip~ and
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
12
other evidence of gross receipts and business transacted for
contract period.
7.Termination
X A. This Iease may be party ninety
. after deliVerY notice:of such
n(S) for lease termination.
X
B. This
terminated
at the option of the CITY, be
y if
~ntorbank
for
or
any other similar gross mispriority.
C. A termination of the Agreement, for reasons other
than expiration the term, shall be
effected as follows:
X
__.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 to correct
the conditions.
X
X
X
X
2. If the conditions are not corrected within a
--reasonable period of time, then this 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) day's 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 ail 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.
THIS PAGE TO' BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
13
X
X
X
E. NO waiver or default of 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 au the termination of
the lease agreement in as good 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 termination 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, said CONCESSIONAIRE will repair the same in
proper and satisfactory manner at its own expense. The
provisions 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.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
14
IN WITNESS WHEREOF, the
and seals
this 15TBday of OCTOBER
eto have set their hands
FOR THF. rONCIJO:JION..\IRE
- /~- ----
WITNESSES:
/~
\....\1 (~_ \ it l
'~ ("'"~ & '~',\... (C\
J '\ J
I
STATE OF FLORIDA
COUNTY OF PALM BEACH, ss:
BEFORE ME personally appeared ) /1; (~. n,' j ';'1 .114.( to me
well known and known to me to be qhe individual described in and
who executed the foregoing instrument and acknowledged before me
that he/she executed the same for the purposes therein expressed.
.'fA, , ,
WITNESS my hand and official seal this ,2f/ day of {(i rJ tc( c
1996. I
OFFICIAL NOTARY EAI
CAROL J DOPPLER
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO CC453063
{ NOTA C N EXP APR. 28,1999
( , .
'. If' it (( . (, . ", ~;I ,! '," \
Notary pu~l~~:lriv:~d -for
the County and State
aforesaid
My Commission Expires:()' LJ ': ,
j
./(\ )/':I(r~
WITNESSES:
-f11~~/k-
FOR THE CITY QF~O~. BEACH
',t.?-,-t".i..(f c.~ ,I- ,..___.
ATTEST:
~ ~
:/~. ",A'U'./
/CI CLERK
15