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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