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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