R96-035RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A FIRST ADDENDUM AND ASSIGNMENT OF
LEASE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND INNOVATIVE
LEISURE, INC. AND ALA CARTE GOLF SERVICES, INC.,
FOR OPERATION OF CONCESSIONS AT THE
MUNICIPAL GOLF COURSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on August 11, 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
designated City facility; and
WHEREAS, the term of the original Lease Agreement was for a period of thirty-six
months, commencing September 1, 1992, expiring September 30, 1995, with a renewal option
for a minimam of two (2) additional periods of one (1) year each. Concessionaire PARTNER'S
PLUS INTERNATIONAL, INC,, exercised its option for the first one year renewal period,
extending the Agreement to September 30,1996; and
WHEREAS, PARTNER'S PLUS INTERNATIONAL, INC., has since elected to
terminate its Agreement. Negotiations were conducted with various agencies for operations of
concessions for the remainder of the term specified in the Agreement, such expiration date being
September 30,1996; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be
in the best interests of the citizens and residents of the City to execute a First
Addendum and Assignment of Lease Agreement with Trmovat~,. Leisure, Inc. and Ala
Carte Golf Services, 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 a First Addendum and
Assignment of Lease Agreement with ~r,o~t±~-e Leisure, Inc. and Ala Carte Golf
Services, Inc., which is attached hereto as Exhibit "A".
PASSED AND ADOPTED this /,~ day of March, 1996.
ATTEST:
Cit~ Clerk
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~ '
Com/m1~sioner
FIRST ADDENDUM AND ASSIGNMENT OF
I,EASE AGREEMENT
THIS ADDENDUM AND ASSIGNMENT is made and entered into by and between the
CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as the
"CITY"), and INNOVATIVE LEISURE, INC. and ALA CARTE GOLF SERVICES, INC.,
(hereinafter collectively referred to as "CONCESSIONAIRE").
WHEREAS, on August 11, 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 designated City
facility; and
WHEREAS, the term of the original Lease Agreement was for a period of thirty-six months,
commencing September 1, 1992, expiring September 30, 1995, with a renewal option for a minimum
of two (2) additional periods of one (1) year each. Concessionaire PARTNER'S PLUS
INTERNATIONAL, INC., exercised its option for the first one year renewal period, extending the
Agreement to September 30, 1996; and
WHEREAS, PARTNER'S PLUS INTERNATIONAL, INC., has since elected to terminate
its Agreement. Negotiations were conducted with various agencies for operations of concessions for
the remainder of the term specified in the Agreement, such expiration date being September 30,
1996; and
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. TERM OF CONTRACT. That the Contract between the City of Boynton Beach and
Partner's Plus International, Inc., is hereby assigned to Innovative Leisure, Inc. and Ala Carte Golf
Services, Inc., (Concessionaire) said Agreement to expire September 30, 1996. Provided that there
has been no default by the Concessionaire, the City has sole discretion to renew the lease for a
minimum of three (3) additional periods-of one (1) year each.
2. That the proposal of Innovative Leisure, Inc. and Ala Carte Golf Services, Inc., as
well as the Additions, Changes & Deletions to the Proposal, dated March 13, 1996, and attached
hereto as Composite Exhibit "A" shall be incorporated into the original Lease Agreement and be
made a kart hereof. As reflected in the Additions, Changes and Deletions to the Proposal, as
negotiated on March 13, 1996, rent shall be paid at 15% of the gross until September 30, 1996.
Should the City elect to renew this Agreement, rent will be paid at 18% of gross. (Gross is
determined by all sales, less applicable sales taxes and gratuities and donations to City.functions).
3. That the Proposal and Additions, Changes & Deletions to the Proposal (Exhibit "A")
shall take precedence over terms of the original Contract, dated August 11, 1992. That all other
provisions of the Agreement dated August 11, 1992, shall remain in full force and effect unless
specifically modified within the attached Exhibit "A".
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this~-<t day of
March, 1996.
WITNESSES:
(Signature and Printed Name)
(SI at e F /i 'inted Name)
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
BEFORE ME personally appeared ~P-~t.~ 3-~ lo R. to me personally
known or who produced the following as identification
, and who executed the foregoing instrument and acknowledged
before me that he/she executed the same for the purposes therein expressed, and did/did not take an
oath.
WITNESS my hand and official seal this o~o day of March, 1996.
My Commission Expires:
WITNESSES:
(~~nd Printed Name)
(~nat~re and ~.'d Name)
Approdd as t F '.rn:
C~lf.~c~
3/15t96
CITY OF BOY~i:
Gerald Taylor, Mayor