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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: