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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 .,,.-c . 1J Cf v -e/ ' Ma or G 7,47 Vi Mayor Comm'ssioner l Ti COmmi - - er ! ` l6' rim i mmissiont ;ATTEST: Ci y Clerk ; ,(Corporate Seal) Gclf.Con ti , 0/13/92 1 { it 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 3 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 4 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. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 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 6 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 7 )( 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 8 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. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 9 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. THIS PAGE TO BE SUBMITTW ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 10 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. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11 / 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. THIS PAGE TO BE SUBMI'rri;i) ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12 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 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 13 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. THIS PAGE TO BE SUBMI1TND ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14 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. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 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. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 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. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 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