R95-182ATTEST:
Clerk -
Authsig. res
P,A.L. Carnival
11/2/g5
RESOLUTION NO. R95-?,~,
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT AND AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND AMUSEMENTS
OF AMERICA, INC., FOR THE 3RD ANNUAL CARNIVAL,
HOSTED BY THE BOYNTON BEACH
POLICE ATHLETIC LEAGUE (P.A.L.) FROM
DECEMBER 7 THROUGH DECEMBER 10, 1995; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 3rd annual Carnival hosted by the Boynton Beach Police
Athletic League (P.A.L.) is scheduled for December 7, 8, 9 and 10, 1995, in the K-Mart
Shopping Plaza, 1606 S. Federal Highway, Boynton Beach; and
WHEREAS, staff has entered into negotiations with Amusements of America
to provide for all paid attractions, shows, riding devices, tickets, boxes and portable
toilets for said carnival;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Contract and Agreement between the City of Boynton Beach, Florida and
Amusements of America, for the 3rd annual carnival, hosted by P.A.L., said Agreement
being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ?' day of November, 1995.
CITY OF BOYNTON BEACH, FLORIDA
AMUSEMENTS OF AMERICA
America's Mosl Imaginative Midway
24301 S.W. 137th Ave. * Miami, Florida 33032
Phone: (305) 258-2020 * Fax.: (305) 258-2945
CONTRACT AND AGREEMENT
This Contract and Agreement, made and entered into this
~ day of ~!A.~7~,~.~ 1995, by and between AMUSEMENTS OF
AMERICA, INC., hereinafter referred to as "party of the first
part", and the CITY OF BOYNTON BEACH of the City of Boynton
Beach, State of Florida, hereinafter referred to as "party of
the second part", WITNESSETH:
That for and in consideration of the sum of ONE DOLLAR
($1.00) paid"by each of the parties to the other, and for other
good and valuable considerations, receipt whereof is hereby
acknowledged, the parties hereto agree as follows: Party of
the second part agrees to present AMUSEMENTS OF AMERICA, INC.,
in the City of Boynton Beach, State of Florida, for a period
commencing on or about December 7 , 1995 and ending on or
about December 10e , 1995.
AMUSEMENTS OF AMERICA, INC. is to furnish without expense
to the party of the second part, all paid attractions, shows,
riding devices, tickets, boxes and portable toilets. Party
of the first part shall be responsible for all equipment or
Contract and Agreement (Contd.)
-Page 2
devices outlined above during the entire engagement if such
becomes lost, disfigured, damaged, or ruined for any reason
including but not limited to theft or criminal act.
Party of the second part is to obtain and furnish party
of the first part a suitable location for its operation to be
known as: The City of Boynton Beach Police Department P.A.L.
Festival, same to be cleared of brush, refuse and other
objectionable matter, and to be in such good condition that
the attractions may be conveniently set up and so that shows
may exhibit without discomfort to themselves or to the public.
Party of the first part agrees to remove all refuse and clean
up the amusement area at the close of each day during the
engagement period. The responsibility of restoring and cleaning
up of the amusement area to its original order after the final
day of the engagement will be assumed by the party of the first'
part.
The party of the second part, where required, is responsible
for making the original request for permission for the
engagement. They are also responsible for the provision of
water for the needs of the party of the first part, and if
required, the general public. The party of the first part is
responsible for obtaining all licenses and permits required
by law for their operation.
Contract and Agreement (Contd.)
· -Page 3
Party of the first part will supply use of power plant,
diesel fuel, wire, sockets and labor for their equipment and
concessions for the entire engagement.
Toilet facilities shall be furnished by AMUSEMENTS OF
AMERICA, INC. Party of the first part will provide insurance
in the sum of one million dollars ($1,000,000.00) Public
Liability Insurance and Property Damage Insurance where the
City of Boynton Beach is named as an additional insured the
(10) days prior to the commencement of the engagement period.
Party of the first part agrees to pay the party of the
second part twenty five percent (25%) of all shows and riding
devices based on the gross receipts after deducting Federal,
State or other taxes, if any, that may be required to be paid
on admissions. Settlement of shows and rides is to be made
at the close of each day's business.
Party of the second-part agrees not to book 'or contract
any attraction similar to the one operated by AMUSEMENTS OF
AMERICA, INC. s~ that any such other attraction shall appear
in the above city preceding the period above mentioned. Party
of the second part also agrees to endeavor to prevent any shows
from exhibiting or operating in the above city unless with the
consent and under the management of the party of the first part.
Party of the first part shall not in any way be liable
Contract and Agreement (COntd.)
Page 4
for any damages, or expenses caused by any failure or delay
in the presenting of its attractions as hereinafter provided
if caused by war, riots, strikes, governmental regulations,
labor difficulties, transportation difficulties, cyclones,
adverse weather conditions, gasoline or diesel oil shortages
or any other accident or circumstances over which the party
of the first part has no control.
AMUSEMENTS OF AMERICA, INC.
THE CITY OF BOYNTON BEACH
Mayor, City/~f Boynton Beach
Approved as to form: