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R14-071 1 RESOLUTION NO. R14 -071 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 BOYNTON BEACH, FLORIDA, APPROVING A 6 VENDOR CONCESSION LEASE AGREEMENT WITH 7 PADDLEAWAYSPORTS.COM INC. TO PROVIDE 8 KAYAK LESSONS, RENTAL AND TOURS FROM 9 INTRACOASTAL PARK; AUTHORIZING EXECUTION 10 OF THE AGREEMENT AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the City Commission of the City of Boynton Beach, upon 15 recommendation of staff finds it in the best interest of the City to enter into a Vendor 16 Concession Lease Agreement with PADDLEAWAYSPORTS.COM INC. to provide kayak 17 rental, lessons, and tours from Intracoastal Park for a one year term. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 21 as being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 approve a Vendor Concession Lease Agreement with PADDLEAWYSPORTS.COM INC. a 25 copy of which is attached hereto as Exhibit "A ". 26 Section 3. The City Manager and City Clerk are authorized to execute the 27 Provider Agreement with CIGNA HealthCare. 28 Section 4. That this Resolution shall become effective immediately upon passage. 29 PASSED AND ADOPTED this 19 day of August, 2014. 30 100032091 1 306 - 9001321 1 - 1 - 11 1 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 7 Mayor — Je Taylor 8 1 9 11 V; • Mayor — Joe Casello 12 13 14 15 Co is loner — David . er er 16 17 18 ■ 19 Commissioner _-_- M. Fitzp tric 20 O/ 22 G/ 23 1 missioner — Mack McCray 24 ATTEST: 25 • A0 27 1 Jan; M. Prainito, MMC 28 - 1 Clerk 29 30 0A,. 31 (/ „ ,07� 32 o �. 4 '> - {00032091 1306 - 9001821 } _2_ R,iy -DII VENDOR LEASE AGREEMENT FOR KAYAK CONCESSION INTRACOASTAL PARK THIS AGREEMENT, made and entered into this day of SQ.p-k- , 2014, by and between the CITY OF BOYNTON BEACH, FLORIDA, hereinafter referred to as CITY ", and DEAN ERNST, hereinafter referred to as "LESSEE" WHEREAS, the City of Boynton Beach and Paddleawaysports com Inc desire to enter into this Lease Agreement, and, WHEREAS, the City agrees to Lease to Paddleawaysports com Inc for the use of kayak lessons, rentals, and tours a portion of the designated property located at the Intracoastal Park for the purposes set forth herein, and, WHEREAS, the Lease Agreement does not preclude the City or public from also using the devised property located at the Intracoastal Park, and, NOW, THEREFORE, the parties hereto for the promises and covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged state as follows The City and Lessee agree that, for consideration as provided for herein, the parties shall have certain rights and obligations Those rights and obligations are set out as follows 1 Contract Objectives The CITY shall grant to the LESSEE, as an independent contractor, the exclusive right and the LESSEE shall accept from the CITY the exclusive right to operate within the designated City facility (hereinafter "Premises ") A Kayak lessons, rentals, and tour for the daily use of residents and visitors to Intracoastal Park B LESSEE shall perform and provide all labor, materials, equipment, and supplies necessary to perform such services All materials, equipment and supplies shall be maintained in accordance with industry standards C LESSEE shall adhere to all other applicable City, county, state, and federal regulations. 2 Leasehold Premises CITY agrees to lease to LESSEE a portion of the designated CITY facility located at the Intracoastal Park and more particularly described, as "The non - motored watercraft launch area at the rear of the Park" ( "Premises ") 3 Term of Lease This Lease Agreement has a term of one (1) year, beginning on AUGUST 10, 2014 unless sooner terminated as otherwise provided in Section 8 of this Agreement Upon the mutual consent of the CITY and the LESSEE and a determination by CITY of adequate performance, and upon the same terms and conditions, this Agreement may be extended for an additional term of one year The extension shall be evidenced by an Extension of Agreement, approved by the City Commission of CITY, and executed by the parties City of Boynton Beach Vendor Agreement for Kayak Concession August 10, 2014 to August 9, 2015 4 Compensation The LESSEE agrees to pay the CITY a monthly rental fee of $150.00. Said payment shall be made in advance and received by the City on or before the 1 day of each and every month A late fee in an amount of 15% the monthly rate will be charged each month for payments received after the 5 day of each month Failure to pay monthly fees in accordance with this section constitutes grounds for termination of the Lease agreement by CITY 5 Insurance A The LESSEE agrees to indemnify and save harmless the CITY, its agents, employees, and volunteers from all suits, claims, damages, and actions of any kind or nature of injury arising out of the acts, omissions and negligence LESSEE, its agents, servants, employees, contractors and suppliers, ansing out of its operation under this Lease Agreement B The LESSEE shall secure and maintain for the duration of this Lease the following insurance coverages 1 Comprehensive general liability in the minimum amount of One Million ($1,000,000) Dollars per occurrence and One Million ($1,000,000) Dollars aggregate for personal injury, and One Million ($1,000,000) Dollars per occurrence /aggregate for property damage The liability policy shall specifically 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 4 Fire, Theft, Vandalism and Extended Coverage in a sufficient amount to insure LESSEE for such loss to its own equipment and that of its suppliers which LESSEE 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 C. AU policies of insurance shall be issued by insurance companies licensed to do business in the State of Florida and having a Best policy- holder rating of A or better and a Best financial rating of AA+ or better All policies shall contain an endorsement providing the Risk Manager of the CITY at least thirty (30) days prior written notice in advance of any material alteration of cancellation of said policies Certificates of Insurance shall be provided to the Risk Manager of CITY prior to the commencement of the term of this Lease Agreement 6 General Conditions A LESSEE shall pay CITY a security deposit in the amount of Seventy-five Dollars ($75.00) prior to the effective date of this Lease agreement, which will be returned to LESSEE at the end of the Lease term, without interest, upon a determination by the CITY Recreation and Parks Director that LESSEE fulfilled all terms of the Lease and left the Premises in the same condition as the Premises were in at the beginning of the Lease term, normal wear and tear excepted 2 City of Boynton Beach Vendor Agreement for Kayak Concession August 10, 2014 to August 9, 2015 8 The LESSEE shall be open for operation Five (5) days per week under the following schedule 9 00 A M to 6 00 P M This schedule shall be strictly adhered to by LESSEE 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 by LESSEE C Assignment The LESSEE shall 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 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 LESSEE and, upon furnishing such notice, this Lease Agreement shall be terminated E Compliance with Laws LESSEE shall, in the performance of the services contemplated in this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, rules, and regulations in any way applicable to the services to be rendered under this Agreement F Exclusivity The CITY shall not operate any additional competing concessions at the Intracoastal Park or at any additional adjacent property acquired by the CITY without the LESSEE's approval and without the LESSEE 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 LESSEE 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 LESSEE 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, including negligence The LESSEE 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 LESSEE or any of his/her suppliers caused by fire, theft, water, storm, windstorm, vandalism, or any other causes whatsoever, including negligence H Advertising Materials Signs, advertising materials, posters and other such material used by the LESSEE, shall be subject to the approval of the City Manager I The LESSEE shall make every effort to assist the CITY in keeping the area free from debris and litter, and shall be responsible for keeping the Premises clean and free from debris and litter J Anti - discrimination Clause The LESSEE 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 because of race, color, religion, national origin, ancestry, marital status, sexual orientation, age or disability 3 City of Boynton Beach Vendor Agreement for Kayak Concession August 10, 2014 to August 9, 2015 K Modification and Amendments No modifications or amendments to this Lease Agreement shall be valid unless reduced to writing and signed by both parties L Integration of All Agreements and Understandings This Lease Agreement contains the entire agreement between the CITY and LESSEE 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 M Governing Law This Lease Agreement under terms, conditions and covenants contained in is shall be governed and construed in accordance with the laws of the State of Florida N 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 O Independent Contractor The LESSEE and the CITY agree that the LESSEE is an independent contractor with respect to the services provided under this Agreement Nothing herein shall be considered or interpreted to create and employer - employee relationship between the parties to this Lease Agreement Neither LESSEE nor any employee of LESSEE shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to LESSEE, or any employee of LESSEE P Sovereign Immunity City is a political subdivision of the State of Florida and enjoys sovereign immunity Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be amended from time to time, or any successor statute thereof 7 Financial Operations A The LESSEE shall pay promptly all taxes, excise or licensee 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 business, and further, shall not permit any of said taxes, excise or license fees to become delinquent The LESSEE shall not permit any mechanics or materialmens or other lien to be imposed upon the lease property for any work or labor performed B The LESSEE 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 compensation insurance and all required licenses are in good standing The LESSEE 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 C The LESSEE shall provide quarterly financial reports to the City Manager, with a copy to the Director of Recreation and Parks, Wally Majors, detailing revenue for each three month period 4 City of Boynton Beach Vendor Agreement for Kayak Concession August 10, 2014 to August 9, 2015 8 Termination A This Lease Agreement may be terminated by either party for convenience or cause upon thirty (30) days notice such termination to the other party. Should the Lease Agreement be terminated for cause, the reason(s) for the lease termination shall be included in the notice Any termination for convenience by CITY shall be without liability to CITY B This Lease Agreement may, at the option of the CITY, be terminated immediately if the LESSEE shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be convicted of a crime or any other similar gross impropriety C A termination of the Lease Agreement for reasons other than expiration of the term or convenience 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 party, and 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 LESSEE 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 LESSEE 4 If this Lease Agreement is canceled or terminated by the CITY, or if the CITY shall discontinue its operations, the LESSEE shall pay to the CITY all sums then due from the LESSEE 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 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 LESSEE, 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 LESSEE F 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 LESSEE 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 LESSEE 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 5 City of Boynton Beach Vendor Agreement for Kayak Concession August 10, 2014 to August 9, 2015 9 Notice Wherever either party desires to give notice unto the other, it shall be given by written notice, sent certified U S. Mail, return receipt requested, addressed to the party to whom it is intended, at the places last specified, and the places for giving notice shall remain such until they are changed by written notice in compliance with this subsection For the present, the parties designate the following as the respective places for giving notice, to wit FOR CITY Lori LaVernere, City Manager City of Boynton Beach 100 E Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone* (561) 742 -6013 Facsimile (561) 742 -6011 WITH COPY TO James A Cherof, Esq City Attorney 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone. (561) 742 -6050 Facsimile (561) 742 -6054 FOR LESSEE. Dean Ernst, President Paddle Away Sports Com, Inc 4653 Holly Lake Drive Lake Worth, FL 33461 Telephone. (561) 541 -6784 6 City of Boynton Beach Vendor Agreement for Kayak Concession August 10, 2014 to August 9, 2015 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 418 day of Au.Ter 2014 (� CITY OF BOYNTON BEACH, FLORIDA ATTEST / L' BY A i A N E T 'RAINTO, CITY CLERK L•' I LAVER" IERE, CITY MANA ' APPROVE ASTi ., "v N , f 04, �r OFFI OF THE CI Y A ORNEY LESSEE DEAN ERNST By WITNESS PRESIDENT WITNESS Corporate Seal SECRETARY STATE OF FLORIDA SS COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day before me an officer duly alifi d to take ck wl dgement §, personally appeared Dean c Y' E C (\Si` as Pre,10e0 of raddI VAS ebrn , ±4 , personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that (s)he executed the same WITNESS my hand and seal in the County and State aforesaid on this 60 day of iUgu4 , 2014 I 1 21,'KL My Commission Expires :rup'e I , NOTARY PUB (C us<<, CATHERINE CHERRY - GUBERMAN * , * MY COMMISSION t EE 207630 EXPIRES. June 12, 2016 54 4 0, E Bonded Thor Budget Notary Seances 7