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R99-135 1/ RESOLUTION R99-/-85 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND PARTNERS PLUS, INC., PROVIDING FOR CONCESSIONS OPERATIONS AT OCEANFRONT PARK"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Partners Plus has been providing concession operations at Oceanfront Park since 1 992; and WHEREAS, City staff has been able to successfully negotiate an Agreement with Partners Plus, Inc. that provides for continuity of service to the public, as well as providing for an increased rental fee to the City; WHEREAS, the City Commission has deemed it to be in the best interests of the residents and citizens of the City of Boynton Beach to execute a Lease Agreement between the City of Boynton Beach and Partners Plus, 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 the Lease Agreement between the City of Boynton Beach and Partners Plus, Inc., a copy of said lease being attached hereto as Exhibit "An. Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this L8... day of October, 1999. CITY OF BOYNTON BEACH, FLORIDA II (C :...~\\\\\\\III/I//1 O~~T~&l $eJf'lll/, ~ ~ ......... 'L'!, 1/..- -.... I. .' ",aOA" VOL>.'/' .::; 0" .....~.;r; . "1'1':.... '\. 'l. == !OO ~^\ -V ~ ::: >- :~ '-' .. (') -:. ::: I- : - \ ':I. ::. Ca\~O~ \ : ~ ,~.....r~melJ&~" 1 - ~ .... \~V!j,.f'IUS ~ach 'l ". .... :::: con. 1// .......... ~ ~ '/1111 F'lO~\~ ...~ III \"... II 1111 \I \ \\\\\\\ . ~ I Vfce M /I'$- ayor / .". ' . . >A // ~-' f /L V/tL? .c. . . Mayor Pro T em I 7Al:l^-~ ~fUll' ~ ~ com~i~fion';- tj.M. J.M^-- ti;:;~~~~ 2 CONCESSION LEASE AGREEMENT -lIS AGREEMENT, made and entered into this day of 1999, by and between the CITY OF BOYNTON BEACH, FLORIDA, hereinafter referred to as "CITY," and PARTNERS PLUS, INC., hereinafter referred to as "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 (hereinafter "PREMISES"): A. 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 CONCESSIONAIRE agrees to sell on the concession site food and beverages as allowed by the Town of Ocean Ridge variance granted to the City of Boynton Beach for the exclusive use by residents and visitors to the Boynton Beach Municipal Beach at Oceanfront Park. 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 as "the concession building, located on the central boardwalk within Oceanfront Park, is a wooden structure of approximately 260 square feet. The structure is designated as the "snack bar," and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages for beach patrons." 3. Term of Lease This lease agreement shall be in force for a period of three (3) years effective November 1, 1999 unless sooner terminated as otherwise provided in Section 8, Termination, with an option to renew for a period of two (2) one (1) year terms if mutually agreed upon by both the CITY and CONCESSIONAIRE and subject to any additional conditions agreeable to both parties. 4. Compensation A. The CONCESSIONAIRE agrees to pay the CITY a sum of $1,000 per month for the period of time indicated in Section 3, Term of Lease. Said payment shall be made and received by the City on or before the 1 st day of each and every month. A late fee of 15% ($150) will be charged for payments received after the 5th day of each month. Occ311front Park CCIl(.'cssion Lcasc Agrccmcllt 5. Risk Management A. The CONCESSIONAIRE agrees to indemnify and save harmless the CITY from all suits, claims, damages, and actions of any kind or nature of injury 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 the following insurance coverage: 1. Comprehensive general liability in the minimum amount of One Million Dollars ($1,000,000) per occurrence. Liability policy shall 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. 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. D. All 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+ or 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. Certificates of insurance shall be provided to Risk Management prior to the commencement of the term of this lease agreement. 6. General Conditions A. The CONCESSIONAIRE shall be open for operation seven (7) days per week with the following schedule: 10:00 AM. 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 CONCESSIONAIRE. Total available hours are subject to the regulations of the Town of Ocean Ridge. 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. B. The CONCESSIONAIRE shall be responsible for prompt and full payment of all utility bills related to the CONCESSIONAIRE'S operation. These utilities include, but not limited to electric service, water and sewer service, sanitation and gas. Page 2 of7 Occal)front Park COiH..cssion Lcasc Agrccment C. 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. D. Destruction of P~emises. In the event that the concession site is destroyed or damage 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. E. Temporary Improvements to Facility. The CONCESSIONAIRE shall have the right to improve the facilities subject to the approval of the City Manager. The CONCESSIONAIRE, at his or her own expense, may install a security alarm system upon approval from the CITY. 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. F. 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 CONCESSIONAIRE'S approval and without the CONCESSIONAIRE 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 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 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 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 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 CONCESSIONAIRE or any of his/her suppliers caused by fire, theft, water, storm, windstorm, vandalism, or any other causes whatsoever. H. 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 undue interference with the regular operation and maintenance of the site. I. Advertising Materials. Signs, advertising materials, posters and other such material used by the CONCESSIONAIRE shall be subject to the approval of the City Manager. Page 3 of7 Occanlront Park COllc';::ssion Lease Agrecment J. The CONCESSIONAIRE shall make every effort to assist the CITY in keeping the area free from debris and litter. K. Food and beverages sold by the CONCESSIONAIRE afe restricted by the Town of Ocean Ridge as indicated below: .:. hot dogs (nai fried) .:. condiments for above .:. prepackaged sandwiches .:. prepackaged potato chips, peanuts, etc. .:. candy .:. hamburgers (not fried) .:. condiments for above .:. prepackaged bakery goods .:. ice cream, ice cream bars and other dairy products .:. soft drinks, coffee and tea L. Antidiscrimination Clause. The CONCESSIONAIRE 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 or any matter directly or iTTtlirectly related to employment because of race, color, religion, national origin, ancestry, marital status, sexual orientation, age or disability. M. Modification and Amendments. No modifications or amendments to this lease agfeement shall be valid unless reduced to writing and signed by both parties. N. Integration of All Agreements and Understandings. This lease agfeement contains the entire agfeement between the CITY and CONCESSIONAIRE. All prior agfeements 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. O. Governing Law. This lease agreement under terms, conditions and covenants contained in it shall be governed and construed in accordance with the laws of the state of Florida. P. 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. 7. Financial Operations A. The CONCESSIONAIRE shall pay promptly all taxes, excise or license fees of whatevef 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 CONCESSIONAIRE shall not permit any mechanic's or materialmen's or any other lien to be imposed upon the lease property for any work or labor performed. The CONCESSIONAIRE shall make available, upon request, duplicate receipts Of 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 Page 4 of7 Oceanfront Park COll:cssion Lcase Agrecment compensation insurance and all required licenses are in good standing. The 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, judgement, execution or adjudication in bankruptcy which will in any way impair the rights of the CITY under this Agreement. B. Accounting to the CITY. The CONCESSIONAIRE shall keep a true and accurate account of all monies received through the operation of the concession 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 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 CONCESSIONAIRE'S expense. C. Audit. The 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 CONCESSIONAIRE to be accurate. The 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 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 the account, bank statements, documents, records, returns, papers and files of the CONCESSIONAIRE relating to gross receipts and business transacted, and the CONCESSIONAIRE on request by either, shall make all such matters available for such examination. If the CITY shall make or have such an audit made for any year and the gross receipts and business transacted shown by the CONCESSIONAIRE'S statement for such year should be found to be understated by one percent (1 %), the CONCESSIONAIRE shall reimburse the CITY the cost of such audit. The CITY'S right to audit shall expire three (3) years after the CONCESSIONAIRE'S statement has been delivered to and accepted by the CITY. 8. Termination A. This lease agreement may be terminated by either party thirty (30) days after delivery of written notice of such termination and reason(s) for the lease termination. B. This lease agreement may, at the option of the CITY, be terminated immediately if the 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. Page 5 of7 Oceanfront Park Conccssion Lease Agreement C. A termination of the lease agreement for reasons other than expiration of the term, 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 other party, and a sufficient period of time shalLbe 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 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) days 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 all 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 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 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 at the termination of this lease agreement in same 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 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, the CONCESSIONAIRE 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. Page 6 of7 Oceanfront Park Ccncessioll Lease Agreement IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,:J / day of ;'.. fL'f3 t:'/!.- 1999. FOR THE CONCESSIONAIRE Witnesses: , . ~~- / ~ " ~ /7-'',;Z ~.<(' y/ )iA... 5~'<-r.t /,,( Lf-- / "'~ \ ----.-: "L'l.r~'t~ ' ~ o:::::'::'! ~ '. ~../3 , ~' , ~ ./,' L::-~~' , ;TON BEACH, FLORIDA - \~~,~'".,"'(~) ~ -211t~ k/ /In'Y1, ~-~/' .kJ<-- I ~ / Appr~ved as to f~:_. ~d~V?/ City Attorney, James Cherof \\\ \ \\ \\111/111111 \\ III/, ~ ..J.. L'- ~ ~~ 0 ......... <;:'JI!f ~ ...;:0 .' t">A"" -Y", ~ " ~ ,'"OfV'\'S"~'. ... ~ .:::- ..~ v', A. ~ ~ Ll.. lr;j- " ' ~ - 0 '0 .- =:z i = :: .,.. i- n(' 1 :: ~ v- \ n;"v,l ~ ~ -:"...... 4. ":J .' _ ;:; ~ v ....' ..- ^"' s ~ .'-. ......... ,V ~ Z ~ ~ Z ,:\,,~ 111//11/111\\\\\\\ Witnesses: TATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) Personally appeared before me duly authorized to administer oaths, GERALD BROENING, Mayor of the City of Boynton Beach, 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. '{~~ei.o~ Not Public My Commission Expires: STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) 1'<111111111111/11111/''/111111111111/11111111111111111.1 ( ~~ > (~~~ ~... Suzanne H. Kruse > . ~ .. '" Notary Public, Stale of Florida : (~ ; Commission No. CC 608148 > ~ '>OfF\.1) My Commission Exp. 01/0212001: ( l-1QO..3-NOTARY - 'la, No"ry Service & IloadiDc Co. ' ~"""""""""",,>,,'>,>.,.,.,.,.,w,.,w...,\\,,)\)'>'>,>\,>,,,>,,,,,,,,,,,,,,,,~ Personally appeared before me duly authorized to administer oaths, LYSE B. STECKO, President of Partners Plus, Inc., to me known to be the person described herein and who executed the foregoing instrument and she duly acknowledged before me that she executed the same. I ---f:l (L ,-.e~iH.. (,'_ /A. - In t<. i,.l":d Notary Public Page 7 of7 My Commission Expires: t/i-" Pi/, Barbara M. Madden S:&\9~ Commission /1 CC 760461 z ~ Expires July' 9. 2002 ~~ 1~ BONDEDTHRU ~OF ~<:F ATLANTIC BONDING CO.. 'NC CONCESSION LEASE AGREEMENT THIS AGREEMENT, made and entered into this c,/ day of (mac j oJ3 cJ? 1999, by and between the CITY OF BOYNTON BEACH, FLORIDA, hereinafter referred to as "CITY," and PARTNERS PLUS, INC , hereinafter referred to as "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 (hereinafter "PREMISES ") A 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 CONCESSIONAIRE agrees to sell on the concession site food and beverages as allowed by the Town of Ocean Ridge variance granted to the City of Boynton Beach for the exclusive use by residents and visitors to the Boynton Beach Municipal Beach at Oceanfront Park. 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 as "the concession building, located on the central boardwalk within Oceanfront Park, is a wooden structure of approximately 260 square feet. The structure is designated as the "snack bar," and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages for beach patrons." 3. Term of Lease This lease agreement shall be in force for a period of three (3) years effective November 1, 1999 unless sooner terminated as otherwise provided in Section 8, Termination, with an option to renew for a period of two (2) one (1) year terms if mutually agreed upon by both the CITY and CONCESSIONAIRE and subject to any additional conditions agreeable to both parties. 4. Compensation A. The CONCESSIONAIRE agrees to pay the CITY a sum of $1,000 per month for the period of time indicated in Section 3, Term of Lease. Said payment shall be made and received by the City on or before the 1st day of each and every month A late fee of 15% ($150) will be charged for payments received after the 5th day of each month Oceanfront Park Concession Lease Agreement 5. Risk Management A. The CONCESSIONAIRE agrees to indemnify and save harmless the CITY from all suits, claims, damages, and actions of any kind or nature of injury 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 the following insurance coverage: 1 Comprehensive general liability in the minimum amount of One Million Dollars ($1,000,000) per occurrence Liability policy shall 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. C. Fire, Theft, Vandalism and Extended Coverage in a sufficient amount to insure CONCESSIONAIRE for such Toss 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 D All 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+ or 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 Certificates of insurance shall be provided to Risk Management prior to the commencement of the term of this lease agreement. 6. General Conditions A. The 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 CONCESSIONAIRE Total available hours are subject to the regulations of the Town of Ocean Ridge. 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 B. The CONCESSIONAIRE shall be responsible for prompt and full payment of all utility bills related to the CONCESSIONAIRE'S operation These utilities include, but not limited to electric service, water and sewer service, sanitation and gas Page 2 of 7 Oceanfront Park Concession Lease Agreement C. 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 D. Destruction of Premises. In the event that the concession site is destroyed or damage 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. E. Temporary Improvements to Facility. The CONCESSIONAIRE shall have the right to improve the facilities subject to the approval of the City Manager The CONCESSIONAIRE, at his or her own expense, may install a security alarm system upon approval from the CITY 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 F. 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 CONCESSIONAIRE'S approval and without the CONCESSIONAIRE 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 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 electrical wires leading to the concession areas, or by reason of any Toss 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 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 CONCESSIONAIRE shall and hereby does release the CITY from all liability for the Toss or damage of merchandise, goods, equipment or any other property of whatsoever kind of the CONCESSIONAIRE or any of his /her suppliers caused by fire, theft, water, storm, windstorm, vandalism, or any other causes whatsoever. H. 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 undue interference with the regular operation and maintenance of the site. I Advertising Materials Signs, advertising materials, posters and other such material used by the CONCESSIONAIRE shall be subject to the approval of the City Manager Page 3 of 7 Oceanfront Park Concession Lease Agreement J The CONCESSIONAIRE shall make every effort to assist the CITY in keeping the area free from debris and litter. K. Food and beverages sold by the CONCESSIONAIRE are restricted by the Town of Ocean Ridge as indicated below ❖ hot dogs (not fried) ❖ condiments for above ❖ prepackaged sandwiches ❖ prepackaged potato chips, peanuts, etc. • candy •: hamburgers (not fried) ❖ condiments for above ❖ prepackaged bakery goods ❖ ice cream, ice cream bars and other dairy products ❖ soft drinks, coffee and tea L. Antidiscrimination Clause. The CONCESSIONAIRE 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 or any matter directly or indirectly related to employment because of race, color, religion, national origin, ancestry, marital status, sexual orientation, age or disability M. Modification and Amendments. No modifications or amendments to this lease agreement shall be valid unless reduced to writing and signed by both parties. N. Integration of All Agreements and Understandings. This lease agreement contains the entire agreement between the CITY and CONCESSIONAIRE 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 O. Governing Law. This lease agreement under terms, conditions and covenants contained in it shall be governed and construed in accordance with the laws of the state of Florida. P 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. 7. Financial Operations 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. The CONCESSIONAIRE shall not permit any mechanic's or materialmen's or any other lien to be imposed upon the lease property for any work or labor performed The CONCESSIONAIRE 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 Page 4 of 7 Oceanfront Park Concession Lease Agreement compensation insurance and all required licenses are in good standing. The 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, judgement, execution or adjudication in bankruptcy which will in any way impair the rights of the CITY under this Agreement. B. Accounting to the CITY. The CONCESSIONAIRE shall keep a true and accurate account of all monies received through the operation of the concession herein granted and shall, on or before the 20 day of each month of the agreement, render and deliver to the CITY an itemized statement showing all monies 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 CONCESSIONAIRE'S expense. C. Audit. The 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 CONCESSIONAIRE to be accurate The 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 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 the account, bank statements, documents, records, returns, papers and files of the CONCESSIONAIRE relating to gross receipts and business transacted, and the CONCESSIONAIRE on request by either, shall make all such matters available for such examination If the CITY shall make or have such an audit made for any year and the gross receipts and business transacted shown by the CONCESSIONAIRE'S statement for such year should be found to be understated by one percent (1%), the CONCESSIONAIRE shall reimburse the CITY the cost of such audit. The CITY'S right to audit shall expire three (3) years after the CONCESSIONAIRE'S statement has been delivered to and accepted by the CITY 8. Termination A. This lease agreement may be terminated by either party thirty (30) days after delivery of written notice of such termination and reason(s) for the lease termination B. This lease agreement may, at the option of the CITY, be terminated immediately if the 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. Page 5 of 7 Oceanfront Park Concession Lease Agreement C. A termination of the lease agreement for reasons other than expiration of the term, 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 other party, and a 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 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) days 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 all 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 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 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 at the termination of this lease agreement in same 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 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, the CONCESSIONAIRE 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. Page 6 of 7 Oceanfront Park Concession Lease Agreement IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,/ day of 0,6',1"0/e312,,, 1999 FOR THE CONCESSIONAIRE Witnesses /91-41< 17 / THE TY OF : •Y TON BEACH, FLORIDA ayor, G- aid Broening 0 4, a) 0FATF •. O y Witnesses ' Q : ` ' Appr ved as to for r 0 P O D : City Attorney, James Cherof ������rrrrl STATE OF FLORIDA )ss. COUNTY OF PALM BEACH Personally appeared before me duly authorized to administer oaths, GERALD BROENING, Mayor of the City of Boynton Beach, 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 Commission Expires Not-if Not-ify Public jlllllllA�llllllllNJ !)llJlll!!II!!lllllllilllllll < p� *RY PUe Su zanne H. Kruse ' a 0 Notary Public, State of Flonda < 7 Commission No CC 608148 l'oFFl.e MyCo:mnnsionExp 01/02/2001; STATE OF FLORIDA < I- 800-3- NOTARY - rla Notar Service & Bonding Co ; )SS: COUNTY OF PALM BEACH Personally appeared before me duly authorized to administer oaths, LYSE B. STECKO, President of Partners Plus, Inc , to me known to be the person described herein and who executed the foregoing instrument and she duly acknowledged before me that she executed the same. A C- Cure r et My Commission Expires: Notary Public YP Barbara M. Madden o ~� :, U 0Commion # CC 760467 Z '' Expires NDE TH RU M Page 7 of 7 OF P ATLANTIC RONDING CO., INC RESOLUTION R99 -43,5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND PARTNERS PLUS, INC., PROVIDING FOR CONCESSIONS OPERATIONS AT OCEANFRONT PARK "; AND PROVIDING AN EFFECTIVE DATE. I WHEREAS, Partners Plus has been providing concession l operations at Oceanfront Park since 1992; and , I WHEREAS, City staff has been able to successfully negotiate an Agreement with Partners Plus, Inc. that provides for continuity of service to the public, as well as providing for an increased rental fee to the City; WHEREAS, the City Commission has deemed it to be in the best interests of the residents and citizens of the City of Boynton Beach to execute a Lease Agreement between the City of Boynton Beach and Partners Plus, 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 the Lease Agreement between the City of Boynton Beach and Partners Plus, Inc., a copy of said lease being attached hereto as Exhibit Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this zg day of October, 1999. CITY OF BOYNTON BEACH, FLORIDA 1 /./ AeP i , • ayor II /fl V ce Mayor Mayor Pro Tem 1 • il \Naktk oiAa i'LeAN_ 1 Commissioner , ■ i A 'z.------ 2,--if- 7-.. / . / « 1 Commissioner ATTEST: ! -i... 1 1 r c._—. CV Clerk (Cor Me4SO4�i' , 4 . ca\ ioilprlime $1 G lus each con ,, � / / / /PL�O ,"\\ � 2