R92-133 i)
RESOLUTION NO . R 9 2 -/,33
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AWARDING THE SNACK BAR CONCESSION FOR
THE GOLF COURSE TO PARTNERS PLUS
INTERNATIONAL, INC.; AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND PARTNERS PLUS
INTERNATIONAL, INC., A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS
i EXHIBIT "A "; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton
each has determined that it is in the best interest of the
*ity to award the bid for the snack bar concession at the
volf course to Partners Plus International, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
11OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of
oynton Beach hereby awards the bid for the snack bar
oncession at the golf course to Partners Plus
1 nternational, Inc., and authorizes and directs the Mayor
nd City Clerk to execute an agreement between the City of
I oynton Beach and Partners Plus International, Inc., a copy
pf which Agreement is attached hereto as Exhibit "A ".
Section 2. This Resolution shall take effect
immediately upon passage.
■ PASSED AND ADOPTED this /8 day of August, 1992.
CITY OF BOYNTON BEACH, FLORIDA
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Vi Mayor
Comm'ssioner
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Ci y Clerk
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CITY OF BOYNTON BEACH
LEASE AGREEMENT
Please (X) if specification is met. If exception is taken bidder
must explain. (Use a separate sheet, if necessary).
This lease agreement is made and entered into by and between the
City of Boynton Beach, Florida, a municipal corporation,
hereinafter referred to as the "CITY" and PARTNER PLUS INTERNATIONAL,
INC.
hereinafter referred to as the "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.
A. The City will grant to the CONCESSIONAIRE, as an
independent contractor, the exclusive right and the
CONCESSIONAIRE will accept from the CITY the exclusive
right, and agrees'to operate concessions (herein after
more fully defined) and provide food and beverage
services for daily use of the players and their guests,
for tournaments, meetings, special events, and beverage
vending at rest area "C" and the Range Building at the
Boynton Beach Municipal Golf Course.
B. The CONCESSIONAIRE agrees to sell, on the concession
site, food, beverages, including soft drinks, fermented
malt beverages, vinous beverages, ice cream, tobacco
products, other such refreshments, and sundry items,
for the exclusive use by players at the course and
their guests only. Any other use of the Concession
site, other than the normal daily business with players
at the course, must have prior approval by the City
Manager.
C. The CITY reserves the right of review and final
approval for the following:
- -- Interior furnishings
- -- Hours of operation
- -- Menu and prices
- -- Review of management and employees
- -- Future renovations
- -- Entertainment
In reserving these rights, the CITY does not intend to
interfere with normal operations of the concession.
Rather, these rights shall serve as safeguards against
improper operation.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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2.Term of Contract
The City of Boynton Beach shall lease the concession
site to the successful bidder for a term of thirty -six
(36) months, commencing upon SEPTEMBER 1, 1992.
The first contract period shall expire September 30,
1995.
Provided that there has been no default by the
successful bidder, the CITY may elect to renew the
lease for a minimum of two (2) additional periods of
one (1) year each. Consideration shall be accorded to
extend one or more renewals beyond the two (2) one -year
extension periods should successful bidder request
extensions, and should further extensions be in the
City's best interests.
3.Compensation
Bidders shall prepare their bid based on a percentage
of the concession's gross receipts from all direct or
indirect food and beverage sales, payable to the CITY.
The minimum acceptable percentages are as follows:
October 1, 1992 thru April 30, 1993 minimum 12%
Proposed percentage 16%
May 1, 1993 thru September 30, 1993 minimum 8%
Proposed percentage 12%
October 1, 1993 thru September 30, 1995 minimum 12%
Proposed percentage 18%
This fee shall be specified in the bidder's proposal as
a percentage of gross receipts, and shall apply during
every month of the concession's operation.
Percentage fees shall be due on the tenth day following
the end of each calendar month, and shall not be
contingent upon profitability of the concession's
operations.
"Gross receipts" are defined as sales for cash or on
credit, less applicable sales tax and added gratuities,
if any.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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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 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 agreement the following
insurance coverages:
) 1. Comprehensive General Liability in the minimum
amounts of $300,000.00 per person and $500,000.00
per occurrence.
X 2. Property Damage to the full insurable value of
all property involved in the lease.
Both policies shall name the CITY as an additional
insured and shall include Product Liability and
Contractual Liability coverage.
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
t he 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 of Florida 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. All policies of
CONCESSIONAIRE shall be submitted to the Risk Manger
not less than ten (10) days prior to the commencement
of the term of this Contract.
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FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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5.General Conditions
A. The CONCESSIONAIRE shall be open for operation seven
(7) days per week with the following schedule: Hours of
operation are to coincide with the seasonally
determined hours of operation of the pro shop.
Concession will be closed when the course is closed.
Hours must be posted, consistent, and strictly adhered
to.
Exact time of opening and closing may have seasonal
variations if approved by the City Manager. However,
hours must be consistent and strictly adhered to.
B. Rates - Food and Merchandise
The CONCESSIONAIRE agrees to provide for the public, at
the concession site, food, drink and service of high
standard, equivalent in quality and price to that
generally furnished to the public at similar places of
comparable size and scope in the CITY and surrounding
areas. Prices of,all merchandise sold shall be posted
in a conspicuous place at the concession area. No
other advertising signs will be permitted at the
concession site without the written consent of the City
Manager.
)( C. Utilities
The CITY shall provide utilities to the CONCESSIONAIRE,
which includes electricity and water and sewer service.
The CONCESSIONAIRE will be responsible for supplying
the propane gas that is required for the operation of
the kitchen equipment. The CITY will provide the
telephone and designate phone number for
CONCESSIONAIRE, but CONCESSIONAIRE will be responsible
for all local and long distance calls and applicable
taxes, payment to be made to the CITY when bill is
rendered to it by the telephone company (monthly).
D. Performance Bond
A performance bond or cash deposit in the amount of
$4,000.00 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.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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X E. 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.
F. 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.
G. Temporary 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.
H. Biannual Review
After six months of signing of the original lease
agreement and every six 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
and tobacco products, cleanliness of concession site,
reaction of patrons to the operation, the quality of
the CONCESSIONAIRE'S employees, and the hours of
operation.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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)( I. Exclusivity
The CITY shall not operate any additional competing
concessions at the Boynton Beach Municipal Golf Course
or at any additional adjacent property acquired by the
CITY without the CONCESSIONAIRE'S approval and 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).
J. License for Sale of Alcoholic Beverages
The CONCESSIONAIRE is hereby permitted and expected 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( K. 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.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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L. 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.
M. Advertising Materials
Signs, advertising materials, posters and other such
material used by the CONCESSIONAIRE shall be subject to
the approval of the City Manager.
N. Burglary and Fire Protection
The CITY will provide a U.L. approved Burglary and Fire
Alarm system for the concession site, and will pay for
same.
O. Management Ethics
The restaurant will be operated as a respectable
establishment within the Rules and Regulations of the
Florida Restaurant Code of Ethics, which are deemed
incorporated into this Agreement. Failure to do so
shall constitute a breach of the Agreement.
P. Antidiscrimination Clause
The CONCESSIONAIRE shall not discriminate against any
employee or applicant for employment to be employed in
the performance of this 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.
A/ Q. 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.
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FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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R. Grant of Concession
The CITY will grant the CONCESSIONAIRE, and the
CONCESSIONAIRE will accept from the CITY, an exclusive
agreement to use and operate on a daily basis for the
exclusive use of golfers and their guests the dining
area and its furniture (list attached) of the
Clubhouse, seating capacity of approximately 50 people,
with an estimated 1000 square feet of floor space, beer
and wine bar with 13 stools and approximately 60 square
feet, the kitchen and its equipment (list attached)
approximately 150 square feet of space, in the
clubhouse building at the 27 hole Boynton Beach
Municipal Golf Course, together with nonexclusive
right to the use of the restrooms in said building
whenever the facilities are open (Exhibit A - Kitchen
Equipment) (Exhibit B - Bar Equipment) (Exhibit C -
Dining Room Furniture).
S. Equipment and Property
1. The CITY shall provide, and continue to own, the
equipment as listed on Exhibits "A" and "B ", and the
furnishings for the restaurant and bar area as
listed on Exhibit "C" and any other items the CITY
decides to provide for the convenience of its
golfers and patrons.
X 2. General Maintenance: The CONCESSIONAIRE will
accept the facilities and equipment located therein
"as is" in their presently existing condition as of
the date of this Agreement. CONCESSIONAIRE shall at
its own expense make all repairs necessary to
maintain the interior of the facilities and the
equipment located therein including, but not limited
to the interior walls of the facilities, the
plumbing and electrical systems located within the
facilities, the heating and cooling systems serving
the facilities. The CONCESSIONAIRE shall maintain
all equipment in good condition, whether owned by
the CITY or by the CONCESSIONAIRE. CITY property
shall be subject only to such depreciation as may
result from ordinary wear and tear resulting from
ordinary use. The CONCESSIONAIRE shall be the
insurer of the CITY against the risk of loss, theft,
or damage as a result of the CONCESSIONAIRE'S
negligence to any fixtures, equipment or personal
property owned by the CITY which is located at the
concession site, and shall promptly repair or
replace the same within five (5) days of such loss,
theft, or damage. CONCESSIONAIRE will not make any
alterations, additions or improvements to the
facilities without the prior consent of the CITY.
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FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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All alterations, additions and improvements, whether
temporary or permanent in character, shall at all
times be deemed to be the property of the CITY and
shall remain upon the facilities at the termination
of the Agreement. CONCESSIONAIRE shall pay for all
repairs or replacements to the heating and air
conditioning system serving the facilities; however,
CONCESSIONAIRE shall not be responsible for repairs
to the heating and air conditioning which exceed
$2,500.
X 3. Standards: The CONCESSIONAIRE covenants and agrees
that it will, at all times, keep, maintain and operate
the facilities in accordance with the standards
referred in Section 5.S.4 hereof.
4. Maintenance Standards - Facilities: The specific
standards for the maintenance of the facilities are set
forth on Exhibit "D" attached hereto.
/( 5. Laws: The CONCESSIONAIRE shall comply with all laws
whatsoever guiding the operation of the facilities.
6. Upon the termination of the lease agreement, the
CONCESSIONAIRE will return to the CITY all equipment
and furnishings listed on Exhibits "A ", "B ", and "C" as
they now exist, and as they may subsequently be amended
to include furnishings and /or other equipment. The
CONCESSIONAIRE will agree to pay the CITY an amount
equal to the current replacement price of each item not
returned, or returned in an unserviceable condition.
In the event of the termination of the lease agreement,
the CITY shall have the first option of purchasing, for
an amount ascertained by negotiation, all or any of the
property belonging to the CONCESSIONAIRE and used under
this lease agreement, including, but not limited to,
furniture, furnishings, television, equipment,
utensils, food, beverages and miscellaneous supplies on
hand, which option must be exercised by the CITY 60
days prior to the termination or expiration of the
lease agreement. During the 60 day period, the CITY
and the CONCESSIONAIRE will inventory and value the
property.
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FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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/ T. Sanitation
The CONCESSIONAIRE shall keep all fixtures, equipment
and personal property , whether owned by the
CONCESSIONAIRE, the CITY, or third parties, in a clean,
sanitary and orderly condition at all times, and
conduct the concession strictly in accordance with all
applicable code requirements, including, but not
limited to, the Health Department of Palm Beach County.
The CONCESSIONAIRE shall also be responsible for
maintaining the floors in the kitchen, the interior and
floor of the bar area, and shall keep the dining area
clean, neat and orderly during the hours of operation.
U. Staffing & Supervision
CONCESSIONAIRE shall bear all responsibility for the
continuous staffing of the concession facility and
provide a resident manager who is acceptable to the
City Manager. Ample, competent and sufficient
personnel shall be on duty at all times to accommodate
the public. All State and Local regulations pertaining
to food service personnel must be adhered to and use
the premises for no unlawful purposes whatsoever. All
personnel of the CONCESSIONAIRE shall be dressed in a
neat - appearing, clearly identifiable uniform.
CONCESSIONAIRE must provide Workmen's Compensation
Insurance for all concession staff; and must defend and
hold harmless the CITY from any claims and lawsuits
resulting from injury to or actions of the employees of
the CONCESSIONAIRE.
Labor relations, including hiring and firing, shall be
the exclusive duty and right of the CONCESSIONAIRE.
The CITY shall, however, reserve the right to review
employees and require the replacement of those who are
abusive, under the influence of or habitual users of
alcohol or drugs, afflicted by diseases, or whose
conduct or appearance otherwise detracts from the
facility's reputation and profitability.
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V. Notices
Any notice or communication which the CITY may desire
to give the CONCESSIONAIRE shall be deemed sufficiently
rendered or given if the same be in writing and sent by
registered mail addressed to the CONCESSIONAIRE as set
forth in the Agreement, or at the latest address
substituted therefore by the CONCESSIONAIRE in writing
to the CITY, or left at such address or delivered to
the CONCESSIONAIRE'S representative; and the time of
rendition of such notice or communication shall be
deemed to be the time when the same is mailed, left or
delivered as herein provided. Any notice from the
CONCESSIONAIRE to the CITY shall be validly given if
sent by registered mail addressed to the City Manager,
City of Boynton Beach, FL 33425 -0310, or at such other
address as the CITY shall hereafter designate by notice
to the CONCESSIONAIRE.
W. General
Bidder should include a sample menu with prices,
including food, beverages, candy, and tobacco products.
___ Table service is required from November 1st through
April 30th everyday, and on weekends and holidays from
May 1st through October 31st (minimum) during hours of
operation.
\/. There are to be some manner of placemats and set -ups
(including menus) at each table.
A specific area for counter pick -ups should be
identified.
6. 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 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
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CONCESSIONAIRE also shall not permit any mechanic's or
materialman's or any other lien to be imposed upon the
property herein above 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 or upon or regarding said property or
said concession herein granted. The CONCESSIONAIRE
shall make available, upon request, duplicate receipts
or other satisfactory evidence showing the prompt
payment of social security, unemployment compensation
and all 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,
judgement, execution or adjudication in bankruptcy
which will in any way impair the rights of the CITY
under this lease agreement.
B. Reports and Records
CONCESSIONAIRE shall maintain during the term of the
contract all books of account, reports, and records
customarily used in this type of operation. The form
of all such records and reports shall be subject to the
approval of the City's Finance Director.
During normal business hours, the City or its Agents
may audit and examine all records relating to the
CONCESSIONAIRE'S operation of the concession.
On or before the tenth day following the end of each
calendar month throughout the term of the contract,
CONCESSIONAIRE shall furnish to the City's Finance
Department and Golf Director a report of gross receipts
earned during the preceding calendar month, on forms
approved by the CITY. The report shall be signed by
the CONCESSIONAIRE, certifying to the accuracy of such
gross receipts. Monthly gross receipts percentage fees
due shall be paid with the submission of the report.
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CONCESSIONAIRE shall submit to the City's Finance
Department, at CONCESSIONAIRE'S expense and within
sixty (60) days following each twelve (12) month period
under the contract, a certified report prepared and
attested to by an independent Certified Public
Accountant, as to the correct gross receipts per month
arising from the concessions operations; prepared in
conformance with the American Institute of Certified
Public Accountant's Requirements for "Special Reports ".
The CONCESSIONAIRE shall submit to the Golf Director a
weekly sales report detailing revenues realized from
the sale of foods and beverages.
C. Sales and Use Tax
CONCESSIONAIRE shall be liable for the prevailing State
of Florida sales and use tax imposed on rent for
amounts payable to the CITY under the contract. This
sales and use tax shall be payable to the CITY which
in turn shall remit same, less authorized handling
deductions, to the State.
D. Payment of Fees
CONCESSIONAIRE shall submit all payments of percentages
fees, plus any other payments to:
City of Boynton Beach - Finance Dept.
P.O. Box 310, Boynton Beach, FL 33425 -0310
All payments must be made in U.S. dollars. Check must
be made payable to "City of Boynton Beach ".
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 contract period.
7. Termination
A. This lease may be terminated by either party ninety
(90) days after delivery of written notice of such
termination and reason(s) for lease termination.
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B. This lease 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 impropriety.
C. A termination of the Agreement, for reasons other
than expiration or non - renewal of the term, shall be
effected as follows:
X 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 to correct
the conditions.
2. If the conditions are not corrected within a
reasonable period of time, then this 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) day's 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.
i 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.
./
Y E. No waiver or default of 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
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.
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G. Removal on Termination - 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 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 CONCESSIONAIRE will repair the same in
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 right to use
and purchase pursuant to this lease agreement.
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IN WITNESS WHEREOF, the parties hereto have set their hands
and seals this 11 day of AUGUST 1992.
FOR THE CONCESSIONAIRE
-
LYSt B. STECKO, OWNER PRES.
WITNESSES: PARTNER PLUS INTERNATIONAL, INC.
n
STATE OF
()-
FLORIDA
COUNTY O PALM BEACH, ss:
BEFORE ME personally appeared L y S /., j / L 6,- / me
well known and known to me to be the individual described in and
who executed the foregoing instrument and acknowledged before me
that he /she executed the same for the purposes therein expressed.
WITNESS my hand and official seal this // day of . Ar e e
1992. ,
/.e .7/,,
N tary Public ' and for
th County and State
� >te�t aforesaid
LAMAM.K
NOTARY PUBLIC STATE OF FLORIDA
(NOTARIAL SEAL) My Commission Exp. APR. 2.1993
My Commission Expires:
WITNESSES: FO THE CITY OF BOYNTON BEACH 1
"" � i / 4 — ARLENE WEINER, MAYOR
i
A P O'I'ED , AS TO FORM:
C Tei ATTEY
ATTEST:
CITYERK
CITY SEAL
18
"EXHIBIT A"
KITCHEN EQUIPMENT
One Star Hot Dog Unit
One Star Double Fryer (Gas)
One Star Griddle Plate (Gas)
One Star Broiler (Gas)
One Two -Eye Burner (Gas)
One Metal Master Work Table w /Backsplash
One Bev -Air Refrigerator
One Bev -Air Sandwich Unit
One Bev -Air Freezer
One Toastmaster Toaster
Teknor Apex Flooring
One Manitowac Ice Machine
Range guard Automatic Fire System for Range Hood
One Hand Sink
One (3) Compartment Stainless Steel Sink
One Food Warmer
One (3) Drawer, (3) Cabinet Storage Unit
One Two -Eye Burner
Six (6) Cabinets
19
"EXHIBIT B"
BAR EQUIPMENT
Two Metal Master Cocktail Units
Two Bev -Air Bottle Coolers
Teknor Apex Flooring
One (3) Compartment Stainless Steel Sink
20
"EXHIBIT C"
DINING AREA AND BAR FURNISHINGS
2 - 42" Wood -grain finish Formica Top, Flip -top tables w /black
post and base
4 - 30" Wood -grain finish Formica Top, Flip -top tables w /black
post and base
5 - 30" Square, Wood -grain finish Formica Top tables w /black
post and base
52 - Style #3696 -9 Arm Chairs w /grade 6 vinyl, antique bronze
Shepherd casters
13 - Style #5548 Rattan swivel bar stools w /grade 6 vinyl
1 - Zenith Color Television with remote control
1 - Wall Clock
1 - Wall mounted, water fountain
1 - Two Drawer /Eight Cabinet Set
2 - P.A. Speakers
1 - Magnavox VCR with remote control
21
"EXHIBIT D"
FACILITIES MAINTENANCE STANDARDS
CONCESSIONAIRE shall operate facilities at first class standards
of service. Food and beverage operations shall maintain a health
inspection rating of "A ". City /department representatives shall
have unlimited access to inspect premises and facilities at any
time and to order corrective measures in accordance with the
specifications. In the event CONCESSIONAIRE fails to make
repairs to keep facility in a safe and sanitary condition, the
CITY reserves the right to enter the Facilities for the purposes
of making emergency repairs and to charge costs of said repairs
to CONCESSIONAIRE.
CONCESSIONAIRE shall maintain the following minimum standards for
food and beverage operations:
Daily
A. Snack Bar staff clean, neat, smiling and helpful.
B. Clean the bar, keep condiments fresh and in clean
containers, coffee and soft drink stations cleaned,
napkin dispensers cleaned and filled, sink areas
cleaned.
The CITY will clean and vacuum the dining area each
morning, will clean the dining area windows and screens
as needed, and will keep clean the trash areas and
bathrooms. The CITY will dispose of trash collected by
the CONCESSIONAIRE from the concession areas and
deposited by the CONCESSIONAIRE in dumpsters at the end
of each day and during the day, as necessary. Location
of dumpsters designated by the CITY. The CITY will
furnish exterminating services on a regular basis and
pay for same.
C. Snack displays cleaned and well stocked.
D. Grill area cleaned, well stocked, equipment cleaned and
functional, freezers and refrigerators at correct
temperature.
E. Storage areas cleaned, shelves organized, floors
cleaned.
F. Trash containers cleaned, including lid, lined, and
reasonably empty.
22
G. Ashtrays emptied and cleaned, window frames cleaned and
in good repair, table tops and bases cleaned,
carpet /floors cleaned and presentable, tables and
chairs neatly arranged, light fixtures cleaned and
functional.
H. Dishwashing and sanitation procedures shall, at
minimum, meet the health department standards for food
service establishments.
I. Pots, pans and shelving cleaned, drains operative, hood
and filters cleaned, first aid kits available fire
extinguishers current, inventory organized.
Monthly
A. Inspect, clean and service fire system and overhead
grill filter as needed or required by fire code.
B. Check operation of equipment such as dishwasher, meat
slicer, etc. for defects and correct any found.
23
CONCESSIONAIRES BOND
BOND NO: BND- 254147
KNOW ALL MEN BY THESE PRESENTS, THAT WE, PARTNERS PLUS INTERNATIONAL, INC. d /b /a/ TEE
OFF, as Principal and AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, as Surety, are held and
firmly bound unto THE CITY OF BOYNTON BEACH, as Obligee, in the sum of FOUR THOUSAND DOLLARS
($4,000.00), for payment of which sum well and truly to be made we hereby bind ourselves, our heirs,
executors„ administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a concession agreement with the Obligee, said agreement being
dated AUGUST 3, 1992, whereby the Principal has agreed to provide certain exclusive privileges of operating
a FOOD concession in Boyton Beach, State of Florida, and
WHEREAS, the Obligee has required the posting of this bond to guarantee performance of the Principal's
obligations under said agreement; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the Principal shall well and truly perform its obligations under the said agreement during the period
this bond is in force, as set out below, then this obligation shall be null and void; otherwise to remain in full
force and effect.
THE FOREGOING, HOWEVER, IS SUBJECT TO THE FOLLOWING EXPRESS CONDITIONS:
1. Regardless of the state term of this agreement between the Principal and Obligee, the
period of this bond shall be for the term beginning December 1, 1992 and ending
December 1, 1993, unless sooner canceled by the Surety, as set out below; the Surety may,
at its option, continue this obligation for additional periods by the posting of a new bond
for such periods.
2. This bond shall not be cumulative in nature. In no event shall the Surety's total liability for
all breached under this bond exceed the penal sum of this bond as above stated.
3 The Surety shall have the right to terminate this bond as to future liability by giving the
Obligee ninety (90) days written notice of its intention to cancel the bond. In this event, the
Surety shall not be liable for breaches which occur following the effective date of such
cancellation.
4. Any claim or suite under this bond must be brought by the Obligee hereinabove name. No
other person(s) shall have direct right of recovery under this bond.
SIGNED AND SEALED THIS 18th day of DECEMBER, 1992.
PRINCIPAL
B
/K
AMERI NKERS SURANCE COMPANY OF FLORIDA
By:
John B. Hilton, Attorney -In -Fact
3 AMERICAN >NKERS INSURANCE COMP& OF FLORIDA
� .,��.���.•' 11222 Quail Roost Drive, Miami, FL 33157 -6596
POWER OF ATTORNEY
517
KNOW ALL MEN BY THESE PRESENTS:
That AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, a corporation of the State of Florida, does hereby make, constitute and
point- Charles J. Nielson, John B. Hilton
its true and lawful attorney -in -fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix
the seal of the Company thereto, if a seal is required, on bonds, undertakings, recognizances, consents of surety or other written obligations
in the nature thereof, as follows:
ANY AND ALL BONDS AND UNDERTAKINGS
THE LIABILITY OF THE COMPANY SHALL NOT EXCEEDS 500,000 (Five Hundred Thousand & 00 /100 Dollars)
and to bind AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, a certified copy of which is hereto annexed and made a part of this
Power of Attorney
IN WITNESS WHEREOF, AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA has caused these presents to be signed and sealed
by facsimile by its duly authorized officers and its corporate seal to be hereunto affixed this 23rd day of MAY, 1991
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
--,:b.;_•.'.!--.--. i 1447 A+ `
SEAL Attest
By: - - �
SENIOR ICE PRESIDENT ' F',,e ' SECRETARY
NOTARY PUBLIC
Before me personally appeared Jason J. Israel and Sanford Neubarth, to me wellknown, and known to me to be the individuals described
in and who executed the foregoing instrument as Senior Vice President and Secretary of the above -named AMERICAN BANKERS INSURANCE
COMPANY OF FLORIDA, a corporation, and severally acknowledged to and before me that they executed such instrument as such Senior Vice
President and Secretary, respectively, of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said
corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed
f said corporation. �.
Sworn to before me this 23rd day of May, 1991. :' NOTARY
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXR FEB. 21, 1995
BONDED THRU GENERAL INS. UND. NOTARY PUBLIC ... v .4e
RESOLUTION OF THE BOARD OF DIRECTORS OF
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
WHEREAS, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and
authority to act for it and in its name in the states and territories of the United States and in the provinces of the Dominion of Canada.
RESOLVED, that this Company do and it hereby does authorize and empower its President, Executive Vice Presidents or Senior Vice
Presidents in conjunction with its Secretary or one of its Designated Signers, under its corporate seal, to appoint any person or persons as its
act as its true and lawful attorrney -in -fact, to execute and deliver any and all contracts, guaranteeing the fidelity of persons holding positions
of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and
undertakings, required or permitted in all actions or proceedings, or by law allowed; and
FURTHER RESOLVED, that the signature of any officer authorized by Resoluuons of this Board and the Company seal may be affixed by
facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking,
recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force
and effect as though manually affixed.
I certify the above is a true copy of a Resolution adopted at the meeting of the Board of Directors of AMERICAN BANKERS INSURANCE
COMPANY OF FLORIDA. on May 22, 1991.
State of Florida / (14 / 4c-e 7-1"‘fill--
County of Dade
SECR ETARY
I her ertify th the above Power o Attorney remains in full force and effect; and furthermore, that the Reso lution of the Board of
)i AMER! BAN G ��S CE CQ�� OF FLORIDA, dated May 22, 1991, remains in full force and effect as of this
1 A
day of /. ` _ , 19 -, �
!
11 ‹.-7.'"iV. / (1j/ / 6C1 7e-‘6144/---
' 1 �,��� '
SECRETARY
Any instrument issued in excess of the penalty amount stated above is totally void without any validity
R11403 -1002