R96-148RESOLUTION NO. R96-//~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING RENEWAL OF THE LEASE AND
CONCESSION AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND PARTNERS PLUS, INC.,
FOR A PERIOD OF TWO YEARS, RETROACTIVE TO
JUNE 1, 1995, FOR THE BEACH CONCESSION AT
OCEAN FRONT PARK.
WHEREAS, on May 5, 1992, the City entered into a Lease Agreement with
PARTNER'S PLUS INTERNATIONAL, INC., as an independem contractor, granting the
exclusive right to PARTNER'S PLUS INTERNATIONAL, INC. to operate within the above
designated City facility; and
WHEREAS, the term of the original Lease Agreement was for a period of three
years, commencing June 1, 1992, expiring June 1, 1995, with a renewal option for a minimum
of two (2) additional years.
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
recommendation of staff, deems it to be in the best interests of the citizens and residents of
the City to exercise the above option for a two year renewal, retroactive to June 1, 1995.
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 exercise its option to renew the
Lease Agreement between the City of Boynton Beach and Partners Plus, retroactive to June
1, 1995 for a two year period, expiring on June 1, 1997.
PASSED AND ADOPTED this ~ day of October, 1996.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
/
Commissioner
Co~tfissioner
City Clerk
(Corporate Seal)
Ocean~ont. Park
Kenewal/PartnersPlas
9t26/96
LEASE.AND CONCESSION AGREEMENT
THIS. AGREEMENT, made and entered into this ~ day of
May, 1992, by and between the CITY OF BOYNTON BEACH,
FLORIDA, hereinafter referred to as "CITY", and PARTNERS
PLUS, INC., hereinafter referred to as
"TENANT/CONCESSIONAIRE".
1. Contract Objectives
The CITY shall grant to the TENANT/CONCESSIONAIRE,
as an independent contractor, the exclusive right
and the TENANT/CONCESSIONAIRE shall accept from
the CITY the exclusive right to operate within the
designate~/City facility (hereinafter "PREMISES"):
ae
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 TENANT/CONCESSIONAIRE agrees to sell on
the concession site food and beverages as
allowed by the Town of Ocean Ridge variance
(see~ Attachment) granted to the City of
Boy,ton Beach for the exclusive use by
f~ residents and visitors to the Boynton Beach
/f- Municipal Beach.
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 or depicted on Exhibit "A">
Term of Lease
This lease agreement shall be in force for a
period of three (3) years effective June 1, 1992,
unless sooner terminated as otherwise provided in
Section 8. Termination, with an option to renew
fora period of two (2) years if mutually agreed
upon by both the CITY and the TENANT/CONCESSION-
AIRE and subject to any agreed upon updated
conditions in this lease agreement.
Compensation
ae
The TENANT/CONCESSIONAIRE agrees to pay the
CITY a sum of Five Hundred Dollars ($500.00)
per month, plus sales tax for the period of
time indicated in Section 2. Term of
Contract. Said payment shall be made on or
before the 1st day of each and every month.
In addition, the TENANT/CONCESSIONAIRE agrees
to pay the CITY ten (10%) percent of the
amount of gross sales and receipts plus sales
tax, in excess of Forty Thousand Dollars
($40,000.00) based on annual computation.
Gross sales and receipts shall be defined as
sales for cash or on credit, less applicable
sales tax and added gratuities for all direct
and indirect sales by the
TENANT/CONCESSIONAIRE.
A RE~
CITY
F
RESOLUTION NO. R96-//4//~
OF 'BOYNTON
OF THE
LEASE AND
CITY
WHEREAS, on May 5, 1992, the City entered into a Lease Agreement with
PARTNER'S PLUS iNTERNATIONAL, INC., as an independent contractor, granting the
exclusive right to PARTNER'S PLUS INTERNATIONAL, INC. to 'operate within the above
designated City facility; and
WHEREAS, the term of the original Lease Agreement was for a period of three
years, commencing June 1, 1992, expiring June 1, 1995, with a renewal option for a minimum
of two (2) additional years.
WttgRl~,~, the City Commission of the City of Boynton Beach, Florida, upon
recommendation of staff, deems it to be in the best interests of the citizens and residents of
the City to exercise the above option for a two year renewal, retroactive to June 1, 1995.
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 exercise its option to renew the
Lease Agreement between the City of Boynton Beach and Partners Plus, retroactive to June
1, 1995 for a two year period, expiring on June 1, 1997. .
PASSED AND ADOPTED this
day of October, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
COmmissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
Renewal/P~n~rsPlus
9726J96
5. Risk Management
j
ae
The TENANT/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 TENANT/CONCESSIONAIRE, its
agents, servants, employees, contractors and
suppliers, arising out of its operation under
this lease agreement.
Bm
The TENANT/CONCESSIONAIRE shall secure and
maintain for the duration of this lease the
fol!o~ing insurance coverage.
1. Comprehensive General Liability in the
minimum amounts of Three Hundred
Thousand Dollars ($300,000.00) per
person and Five Hundred Thousand Dollars
($500,000.00) per occurrence.
Property Damage to the full insurable
value of all property involved in the
lease agreement. Both policies shall
name the CITY as an additional insured
and shall include Product Liability and
Contractual Liability Damage.
Workers Compensation Insurance in full
compliance with the State of Florida
Workers Compensation Law.
Fire, Theft, Vandalism and Extended Coverage
in a sufficient amount to insure
TENANT/CONCESSIONAIRE for such loss to its
own equipment and that of its suppliers which
TENANT/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.
Ail 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+ of 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. All
policies shall be submitted to the Department
of Risk Management not less than ten (10)
days prior to'the commencement of the term of
this lease agreement.
General Conditions
ae
The TENANT/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 TENANT/CONCESSIONAIRE.
Total available hours are subject to
regulations of the City of Ocean Ridge.
Ce
De
Exact times of opening and closing may hav~
seasonal variations if approved by the City
Manager. However, hours must be consistent
and strictly adhered to.
The
for
bills
.on.
will be responsible
payment of all utility
TENANT/CONCESSIONAIRE'S
utilities include but are
service, water and
:e, sanitation and gas.
Performance Bond
~(~WAIVED)
Assignment. The TENANT/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.
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, It the CITY elects
not to render the premises tenable again, it
shall notify the TENANT/CONCESSIONAIRE and,
upon furnishing such notice, this lease
agreement shall be terminated.
Temporary Improvements to Facility. The
TENANT/CONCESSIONAIRE shall have the right to
improve the facilities in a proper and
pleasing decor, subject to the approval of
the City Manager. The TENANT/CONCESSIONAIRE,
at his or her own expense, may install -a
security alarm system upon approval from the
City. Ail such improvements shall meet all
applicable codes and shall be of a temporary
nature, and shall be paid for, erected and
removed by the TENANT/CONCESSIONAIRE at the
termination of this lease agreement.
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 TENANT/CONCESSIONAIRE'S
approval and without the TENANT/CONCESSION-
AIRE having 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).
Waiver of Damages. The TENANT/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, damage3.
or claim resulting from the cancellation,
interruption, or termination by the CITY for
Je
any reason of any event scheduled for public
or private attendance at the concession site;
and the . .TENANT/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
TENANT/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 TENANT/CONCESSIONAIRE or any of
his suppliers caused by fire, theft, water,
storm, windstorm, vandalism, or any other
causew whatsoever.
Delivery of Supplies. The
TENANT/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.
Advertising Materials. Signs, advertising
materials, posters and other such material
used by the TENANT/CONCESSIONAIRE shall be
subject to the approval of the City Manager.
Antidiscrimination Clause. The
TENANT/CONCESSIONAIRE shall not discriminate
against ~ny employee or applicant for
employment to be employed in the performance
of this lease 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.
Me
Litigation. In connection with any
litigation arising out of'the Contract, the
prevailing party shall be entitled to recover
all costs incurred, including reasonable
attorney's fees.
O. The TENANT/CONCESSIONAIRE shall make every
effort to assist the CITY in keeping the area
free from ~ebris and litter.
Financial Opera~ions!
The TENANT/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
TENANT/CONCESSIONAIRE further shall at all
times maintain adequate workmens'
compensation insurance with an authorized
insurance company, insuring the payment of
compensation to all employees engaged in the
operation of said concession. The
TENANT/COSCESSIONAIRE also shall not permit
any mecharLic's'or materia!man's or any other
lien to be imposed 'upon the property
hereinabo%'e described or any part or parcel
thereof ],y reason of any work or labor
performed or materials furnished by any
mechanic tr materialman to said concession or
upon or regarding said property or said
4
Ce
concession herein granted. The
TENANT/CONCESSIONAIRE 5hall 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
workmens' 'compensation insurance and all
licenses are in good standing. The
TE ~ONCESSIONAIRE shall make available,
request, 'dUplicate receipts or other
is'factor~ evidence showing the prompt
payment of.the social security, unemployment
compensation and all taxes and fees above
referred to, and showing that the said
workmens' compensation insurance and all
required licenses are in good standing. The
TENANT/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, judgment, execution or adjudication
in bankruptcy which will in any way impair
the rights of the City under this Agreement.
Accounting to the City. The
TENANT/CONCESSIONAIRE shall keep a true'and
accurate account of all monies received
through the operation of the accession 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 so 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
TENANT/CONCESSIONAIRE'S expense.
Audit. The TENANT/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 TENANT/CONCESSIONAIRE
to be correct. The TENANT/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
TENANT/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 account,
bank statements, documents, records, returns,
papers, and files of the
TENANT/CONCESSIONAIRE relating to gross
receipts and business transacted, and the
TENANT/CONCESSIONAIRE on request by either,
shall make~/,a~l, such matters available for
such examination at the corporate
headquarters of the TENANT/CONCESSIONAIRE.
If the CITY shall make or have such an audit
made for any year and the gross receipts and
business transacted shown by the
TENANT/CONCESSIONAIRE'S statement for such
year should b e found to be understated by
more than one percent (1%), the
TENANT/CONCESSIONAIRE shall pay to the CITY
the cost of such audit. The CITY"S right to
have such an audit made with respect to any
year shall expire three (3) years after the
TENANT/CONCESSIONAIRE'S statement for any
year shall have been delivered to, and
accepted by, the CITY.
Termination.
This lease agreement may be terminate~~ by
either party thirty (30) days after delivery
of writt.en notice of such termination and
reasons(s) for lease termination.
This lease agreement may, at the option of
the CITY, be terminated immediately if the
TENANT/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.
A termination of the lease agreement for
reasons other than expiration of the term,
shall be effected as follows:
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.
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.
In the event the TENANT/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
TENANT/CONCESSIONAIRE.
If this lease agreement is cancelled or
terminated by the CITYr or if the CITY
shall discontinue its operations, the
TENANT/CONCESSIONAIRE shall pay to the
CITY all sums then due from the
TENANT/CONCESSIONAIRE to the CITY.
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.
E. No waiver or default' by the CITY of any of
the terms, covenants or conditions.hereof to
and observed by the
be performed, kept
TENANT/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,
and observed by the
ESSIONAIRE-
F. Delivery After Termination. The
TENANT/CONCESSIONAIRE will deliver the
premises and any permanent improvements and
attached accessories to the CITY at 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
relationship created by the lease agreement
prior thereto, on written notice, --the
TENANT/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 TENANT/CONCESSIONAIRE will repair the
same in a proper and satisfactory manner at
its own expenses. The provision of this
' the personal
paragraph shall not apply to
property to which the CITY has a right to use
and purchase pursuant to this lease
agreement.
IN WITNESS WHEREOF, the parties hereto have set their--
hands and seals this /~. day of ~ , 1992. _
FOR THE TENANT/CONCESSIONAIRE
witnesses: ..
THE CITY OF BOYNTON BEACH,
witnesses:
a~~ ~rlin
~ ~'~TL' Appr~ a//°/°'.:
STATE OF FLORIDA
)SS:
COUNTY OF PALM BEACH
Personally appeared before me duly authorized
scribed her%
administer oaths, ARLINE WEINER, Mayor of the City
Boynton Beach, to me known to be the person de
and who executed the foregoing instrument and she duly
acknowledged before me that she executed the same.
~ota~y Public
My Commission Expires:
~OiA£Y PUBLIC STATE OF FLORIDA.
MY COMMISSION ~PIRE$: JAN. Z, 195a..
STATE OF FLORIDA )
)SS;'
coUNTY OF PALM BEACH )
Personally appeared before me duly authorized to
administer oaths, Z~ ~. ~~_~W .'
Pres£dent of Partners Plus, Inc., 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 comm&ssion Expires:
hiGTARY PUBLIC. STATE OF FLORa'DA.
MY COMMiS~iON EXPIRES: JAN. 2. 1993.
JON I. SHUDI,XO~
MAYO~ CHAIRMAN or COMMISSION
JOSKP~ J. DZ GANG[
TOWN OF OCEAN RIDGE
· 6450 NORTH OCEAN BOULEVARD
OCEAN RIDGE. FLORIDA :13435
Attachment
C0MMIS$10,~
THOHAS E. ~
VERA :. KL
ERIC MANGI
FRED RO.~
T£LEPHON~ 1
january 6, 1983
Peter cheney, City Manager
City of Boynton BeaCh
.'"I
~.~ F iF:~.~..,~.~.
· f't,fv- ' · * ~ '.
· '.' ,,~o.(C~ ----~'-'...
,5~.V. ~.'
1.20 N. E. Second Avenue
Boynton Beach, FL. 33435 _
Dear Mr. Cheney=
's is to confirm that at the public hearing held by e ita·a,luestBOardfor°f
ariance from =he provisions of Sec=ton 26-31(E} ( } ~,,~,~ic Beach
a v .... - -~ .... cession stand a= =he Boyri=on
to another site on the ~ro~er=y.
....~ be grant~
he Board of Adjustment voted unanimously that a variar.' :resent si~
o :he loca:ion shown on Mas:er Plan Drawinga
prff.,-sions
Beach Park da:ed Oc=ober 7, 1980 subjec: :o
exis:ing variance gran:ed on December 13, 1~68 wi:h :Y'= roll,Lng
excep:ions: . h~sent ly
Condition A shall be eliminated since it is no=
within the jurisdiction of the Board of Adjus:me'' --
Condition S shall' be amended to sh~ the contest,,.
will hoc be pe~iCCed in operaci°n .prior co 10:
or after 6:00
~z iance
The current conditions attached to the granting of the
today are as follows:
Peter Cheney, City Manager
City of soyn:on Beach
january 6, 1983
Attachment One
page 2
1. Hours of operation of the snack bar will be the
same as those of lifeguards patrolling the beach
area, but in no event shall it be in operation
prior to 10:00 A.M. or after 6:00 P.M.
2. There shall be no frying permitted on the premises
of the snack bar nor any onions cooked on the premises.
3. There shall be no services except at the counter, of
the snack bar; no "take out', drive in,-or table
service.
4. There shall be no telephone orders accepted.
There shall be no deliveries of food or drink
from the snack bar.
There shall be no more than two tables available
for the use of patrons.
There shall be no mus'ic, loud speaker system, juke
boxes furnished or used by the snack bar.
e
There shall be no dancing or loitering permitted
around the snack bar.
9. Only the following foods and beverages may be served:
Hot dogs (not fried) Hamburgers (not fried)
Condiments for above Condiments for above
Prepackaged sandwiches Prepackaged bakery goods
Prepackaged potato chips, Ice cream, Ice cream bars,
peanuts, etc. and other dairy products
Candy Soft drinks, coffee & tea
The expense associated with the variance application was $137..24.
applying the $75.00 deposit· there remains a balance due of $62.24
detailed list of. those expenses is available on request-
Very truly yours,
7.
Dorothy ,Knehr, Chairman
Board of Adjustment
EXHIBIT "A"
The concession building, located on the central
boardwalk within oceanfront Park, is a wooden structure
of approximately 260 square feet. The structure is
designated the "Snack Bar", and is owned by the City
of Boynton and
of food and