R13-1081 RESOLUTION NO. R13 -/06
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
6 THE LEASE AGREEMENT BETWEEN THE CITY OF
7 BOYNTON BEACH AND TEAM REEL ESTATE, INC., D/B /A
8 FLORIDA FISHING ACADEMY FOR USE OF THE BAIT SHOP
9 BUILDING AT OYER PARK; AND PROVIDING AN EFFECTIVE
10 DATE.
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12
13 WHEREAS, on June 15, 2010, the City Commission approved a Lease Agreement
14 that allowed the Florida Fishing Academy to provide classes, camps and workshops for
15 students enrolled in their programs; and
16 j WHEREAS, the Florida Fishing Academy wishes to amend their existing Lease
17 Agreement so that they can also sell fishing related equipment to generate some funding to
18 ' help maintain their program; and
19 WHEREAS, upon recommendation of staff, the City Commission has determined
20 that it is in the best interests of the residents of the City to approve and authorize the City
21 manager to execute an Amendment to Lease Agreement with Team Reel Estate, Inc., d /b /a
22 Florida Fishing Academy for the use of the Bait Shop at Oyer Pak to also include the sale of
23 various fishing related supplies and equipment.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
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Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby approve and authorize the City manager to execute the Amendment to Lease
Agreement with Team Reel Estate, Inc., d /b /a Florida Fishing Academy for the use of the
Bait Shop at Oyer Park to also include the sale of various fishing related supplies and
equipment, a copy of which is attached hereto as Exhibit "A ".
Section 3. This Resolution shall become effective immediately upon passage.
I -
PASSED AND ADOPTED this day of October, 2013.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
m
Ja et M. Prainito, MMC
rtv Clerk
e ,
t 1 117 `/ ?
M - Jerr Taylor
/.� �= cry''- ✓�✓ �lrG%�
ice Mayor - Woodrow
k omSsi �er-D T. Merker
,J
Com- ission Mi 1 M. Fitzpatrick
J
C04issioner - Joe Casello
1 V.1 0 im lor" Uj --fxv W tj I 1xv W W
THIS AGREEMENT, dated this 151 day of e4je-p- 2013, by and between:
THE CITY OF BOYNTON BEACH, a municipal corporation organized
and operating under the laws of the State of Florida, with an address of 100
E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter
referred to as "LESSOR",
- 0",
TEAM REEL ESTATE, INC. D/B/A FLORIDA FISHING
ACADEMY, a corporation authorized to do business in the State of Florida,
with a business address of 7067 Peninsula Court, Lake Worth, FL 33467, ,
hereinafter referred to as "LESSEE".
WHEREAS, on July 20, 2009, LESSOR and LESSEE entered into a two (2) year Lease
Agreement for the building at the Boat Club Park located at 2010 North Federal Highway, Boynton
Beach, Florida (the "Premises") (hereinafter referred to as the "Original Agreement"); and
WHEREAS, on July 26, 2012, LESSOR and LESSEE entered into a Lease Agreement
Extension for the period of July 20, 2012 through July 19, 2014; and
WHEREAS, the Parties desire to modify some of the terms therein to permit the LESSEE
to conduct additional programming and sales at the Premises.
ViTAXIMAMA 8 1
NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and
other good and valuable consideration, the receipt of which are hereby acknowledged, the parties
hereto agree as follows:
SECTION 1. The recitations set forth in the above "WHEREAS" clauses are true and
correct and incorporated herein by this reference.
SECTION 2. Article 3 entitled "RENT" of the Original Agreement, as previously
renewed, is hereby amended to create sections 3.3 and 3.4 as follows:
3.3 In exchange for the nominal rent, LESSEE agrees to provide a sailing and kayaking
program at no cost to LESSOR's Parks and Recreation students and campers.
3.4 In exchange for LESSOR agreeing to permit LESSEE to utilize the Premises for fly-
tying and rod and lure building classes and programs for adults, LESSEE shall remit thirty-five
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(35 %) percent of the proceeds from these programs to the LESSOR. Proceeds shall be remitted by
LESSEE to LESSOR on a monthly basis. Proceeds shall be remitted to the LESSOR by the tenth
(10 day of the following month.
SECTION 3. Section 4.1 of the Original Agreement, as previously renewed, is hereby
deleted in its entirety and replaced as follows:
4.1 LESSEE shall be permitted to conduct sales on the Premises as follows:
4.1.1 LESSEE is permitted to sell the following items from the bait shop
a. Rod blanks
b. Reel Seats
c. Foam grips
d. Rod guides and tips
e. Thread
f. Epoxy
g. Rod turning and drying equipment
h. Heatguns
i. Decals
j. Paint brushes
k. Mixing cups
1. Custom fishing rods built by the students and staff
m. Rod butts
n. Feathers
o. Flyhooks
p. Fly jigs
q. Fly drying machines
r. Gloves
s. Items needed to build custom rods, lures and flies for LESSEE's classes and
programs
t. Items produced by or for LESSEE, including: T- shirts, Rods, Lures, Flies,
Paddle boards, Training DVDs and manuals, Jewelry, and Artwork.
u. Guy Harvey merchandise
v. Single waters, sodas and other beverages.
4.1.2 LESSEE is prohibited from selling bait and ice.
SECTION 4. Article 4 entitled "LESSEE'S OBLIGATIONS" of the Original Agreement,
as previously renewed, is hereby amended to create section 4.14 as follows
4.14 LESSEE shall be solely responsible for all cleaning and janitorial services at the
Premises.
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SECTION 5. Section 5.1 of the Original Agreement, as previously renewed, is hereby
amended as follows:
5.1 LESSEE may designate its own hours of operation; however, LESSEE agrees that
the academy shall be open for operation at a minimum on Saturdays 10:00 a.m. to 1:00 p.m. and
consistent with city contracts. LESSEE further al;rees that the Premises shall not be open prior to
9:00 a.m.
SECTION 6. In the event of any conflict or ambiguity by and between the terms and
provisions of this 1 St Amendment and the Original Agreement, the terms and provisions of this 1 st
Amendment shall control to the extent of any such conflict or ambiguity.
SECTION 7. The terms and provisions of the Original Agreement dated July 20, 2009, as
amended, shall remain in full force and effect except as specifically amended herein.
IN WITNESS qEREOF a has hereunto set its
authorized hand this ay of , 2013.
LESSOR:
ATTEST:
CITY OF BOYNTON BEACH
BY:
CITY M AGER
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LESSEE
STATE
• FLORIDA
COUNTY OF p
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