R95-145RESOLUTION 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 RENEWAL OF AN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND KENNETH WELCH FOR THE BAIT SHOP
CONCESSION AT BOAT CLUB PARK; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, 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 renew an Agreement with Kenneth Welch for the bait
shop concession at Boat Club Park;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
$~ction 1. The City Commission of the City of Boynton
Beach, Florida hereby authorizes and directs the Mayor and
City Clerk to execute a renewal of an Agreement between the
City of Boynton Beach and Kenneth Welch, for the bait shop
concession at Boat Club Park, a copy of said Agreement being
attached hereto as Exhibit "A"
Section 3. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this /~ day of September, 1995.
ATTEST:
Ci~ Clerk
CITY OF BOYNTON BEACH, FLORIDA
Mayor ._ j
'J ~ Mayor Pr~p~Tem
Co~s s ioner
(Corporate Seal)
Authsig.doc
BaitShoD.Con
Boat Club Park
9/11/95
CITY OF BOYNTON BEACH
LEASE AGREEMENT
This lease agreement made and entered into by and between the City of Boynton Beach,
Florida, a municit~al corporation, hereinafter referred to as the "CITY" and Kenneth Welch,
hereinafter referred to as the "CONCESSIONAIRE".
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
fight to operate within the designated City facility:
Concessions in order to provide primarily fishing supplies, bait, gear, tackle,
food and beverages for the daily use by patrons and visitors to the Boymon
Beach Municipal Boat Club Park.
The CONCESSIONAIRE agrees to sell on the concession site live and frozen
bait, tackle, other fishing supplies, gear, food and beverages for the use of
patrons and visitors to the Boynton Beach Municipal Boat Club Park.
2. Terms of Contract
This lease agreement shall be in force for a period of three (3) years from
October 1, 1995, unless sooner terminated as otherwise provided in Section
7, Termination, with an option to renew for a period of three (3) years if
mutually agreed upon by both the CITY and the CONCESSIONAIRE and
subject to any agreed upon updated conditions in this lease agreement.
3. Compensation
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The CONCESSIONAIRE agrees to pay the CITY a sum of five (5%)percent
of the first Five Thousand ($5000) Dollars of monthly gross income, plus
twelve (12%) percent of any monthly gross income over Five Thousand
($5000) Dollars.
Gross sales 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
CONCESSIONAIRE.
Risk Management
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The 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 CONCESSIONAIRE, its agents,
servants, employees, contractors and suppliers, arising out of its operation
under this agreement.
The CONCESSIONAIRE shall secure and maintain for the duration of this
lease agreement the following insurance coverage.
Comprehensive General Liability in the minimum amounts of Three
Hundred Thousand Dollars ($300,000) per person and Five Hundred
Thousand Dollars ($500,000) per occurrence.
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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 coverage. Requirement for product liability will be waived
as long as the CONCESSIONAIRE serves only prepackaged
products.
Workers Compensation Insurance in full compliance with the State of
Florida Workers Compensation Law.
Fire, Theft, Vandalism and Extended Coverage m 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.
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 Purchasing Agent 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 of shall be submitted to .the
Purchasing Agent not less than ten (10) days prior to the commencement of
the term of this Contract.
General Conditions
The CONCESSIONAIRE shall be open for operation seven (7) days per week
with the following schedule: 6:00 AM to 6:00 PM Sunday through Saturday.
Exact times of opening and closing may have seasonal variations if approved
by the City Manager, or designee. However, hours must be consistent and
strictly adhered to.
The CONCESSIONAIRE will be responsible for prompt and full payment of
all utility bills related to the CONCESSIONAIRE'S operation. These utilities
include but are not limited to electric service, water and sewer service,
sanitation, and gas.
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Performance Bond - A performance bond or cash deposit in the mount of
[waived] will be required of the CONCESSIONAIRE prior to the signing of
the lease agreement. Said bond or deposit shall be conditioned upon the
CONCESSIONAIRE'S faithful performance of all things herein required of
him.
Assienment - The CONCESSIONAIRE will not assign or transfer its rights
and privileges granted under this lease, either in whole or in part, without fin:st
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. 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.
T~ernporary Improvements to Facility_ - The CONCESSIONAIRE shall have
the right to improve the facilities in a proper and pleasing decor, subject to the
approval of the City Manager. 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.
~ - After six (6) months of signing of original lease agreement
and every six (6) months thereafter until this lease agreement is terminated as
provided, both parties are to meet to review the operation of the concession
and "fine tune" the operation to the satisfaction of both parties. At that
meeting, subjects discussed will include, but will not be limited to, quality of
food and service, prices of food, beverage, tobacco products, fishing supplies,
bait, tackle and gear, cl~nliness of concession site, reaction of patrons to the
operation, the quality of the CONCESSIONAIRE'S employees, and the hours
of operation.
~ - The CITY shall not operate any additional, similar, competing
concessions at the Boynton Beach Municipal Boat Club Park without the
CONCESSIONAIRE having first option as to additiOnal operations. The-
CITY reserves the right as themselves or any organization granted power as
their agent to sell food and beverages for special community event programs
of short duration (one to three days).
Heense for Sale of Alcoholic Beverages - The CONCESSIONAIRE is hereby
permitted to secure licenses required for the selling to the public by the drink,
fermented malt beverages and vinous beverages, but it is explicitly understood
that the CITY makes no representation that such license or licenses will be
granted to the CONCESSIONAIRE. A sign should be permanently displayed
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by the CONCESSIONAIRE stating that consumption of such alcoholic
beverages is not allowed on Park property or in the concession building and
immediate surrounding area.
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 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, 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 causes 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 suppliers caused by fire, theft, water,
storm, windstorm, vandalism, or any other causes whatsoever.
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 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 CONCESSIONAIRE shall be subject to the approval of
the City Manager.
Ant, discrimination Clause - The CONCESSIONAIRE shall not discriminate
against any employee or applicant for employment in 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.
Litigation - In connection with any litigation arising out of the lease
agreement, the prevailing party shall be entitled to recover all costs incurred,
including reasonable attorney's fees.
The CONCESSIONAIRE shall make every effort to assist the CITY in
keeping the area free from debris and litter.
Financial Operations
The CONCESSIONAIRE shall pay promptly all taxes, excise or license fees
or 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 farther, shall not permit any of said taxes, excise or license fees
to become delinquent. The CONCESSIONAIRE further shall at all times
maintain adequate workmen's compensation insurance with an authorized
insurance company, insuring the payment of compensation to all employees
engaged in the operation of said concession. The CONCESSIONAIRE also
shall not permit any mechanic's or materialman's or any other lien to be
imposed upon the property hereinabove described or any part or parcel
thereof by reason of any work or labor performed, or materials furnished by
any mechanic or materialman to said concession herein granted. The
CONCESSIONAIRE shall make available, upon request, duplicate receipts
or other satisfactory evidence showing the prompt payment of the social
security, unemployment compensation and ali taxes and fees above referred
to, and showing that the said workmen's' 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, judgment, execution or adjudication
in bankruptcy which will in any way impak the rights of the City under this
lease agreement.
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Accounts and Payment 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 twentieth day of each
month of the lease agreement, render and deliver to the City an itemized
statement showing all monies so received during the calendar month
immediately preceding. Attached to the statement shall be the applicable
payment due to the City, which shall be on a monthly basis. 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.
Audit - The CONCESSIONAIRE shall keep tree' and complete records and
accounts of all gross receipts and business transacted, including daily bank
deposits, and semi-annually furnish a tree and accurate statement for the
preceding six (6) months of all such receipts and business transacted during
such preceding six (6) 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 correct. The
CONCESSIONAIRE agrees to establish and maintain a system of
bookkeeping and fiscal year accounting sa 'tlSfictory 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 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 at the corporate headquarters of the
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
CONCESSIONAIRE'S statement for such year should be found to be
understated by more than one percent (1%), the 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
CONCESSIONAIRE'S statement for any year shall have been delivered to,
and accepted by, the CITY.
Termination
This lease agreement may be terminated by either party thirty (30) days .after
delivery of written notice of such termination and reason(s) for lease
termination.
This lease agreement may, at the option of the CITY, be terminated
inmiediately 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 mispriority.
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A tennimtion 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.
Ifthe conditions are not corrected within a reasonable period of time,
then this lease agreement maybe terminated for such conditions by
giving thirty (30) days written notice.
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) day's written notice to the CONCESSIONAIRE.
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.
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.
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 or any
subsequent default of any of the terms, covenants and conditions herein
contained to be performed, kept and observed by the CONCESSIONAIRE.
Delivery. After Termination - The 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.
Removal on Teaa~ination - On the date of termination hereof, or in case of the
termination of the relationship created by the lease agreement prior thereto,
on written notice, the CONCESSIONAIRE shall have the fight to remove
~om 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
CONCESSIONAIRE will repair the same in a proper and satisfactory manner
at its own expense. The provisions of this paragraph shall not apply to the
personal property to which the CITY has a fight to use and purchase pursuant
to this lease agreement.
of
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
,1995.
WITNESSES:
FOR THE CONCESSIONAIRE
WITNESSES:
Approved as to form:
-
g~' City Attody~
FOR THE CITY OF BOYNTON BEACH
ATTEST:
~ -city ~l~r~
City Seal