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R91-197RESOLUTION NO. R91-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PREPARE AN ADDENDUM TO THE LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND JOE WILLISON, WHICH LEASE AGREEMENT WAS DATED APRIL 21, 1987, FOR THE PURPOSE OF ADJUSTING THE RENT PAYMENT SCHEDULE; DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton leach, upon the recommendation Of its Recreation Department staff, has determined it to be in the best interest of the citizens and residents of the City of Boynton Beach to execute an addendum to the Lease Agreement between the City of Boynton Beach and Joe Willison, which original Agreement was dated April 21t 1987, for the purpose of adjusting the rent payment schedule; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Attorney is hereby directed to prepare an addendum to the Lease Agreement between the City of Boynton Beach and Joe Willison, for the purpose of adjusting the rent payment schedule, according to the recommendation of the City's Recreation Department; and Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the said Addendum to the Lease Agreement between the City of Boynton Beach, Florida and Joe Willison. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this J day of December, 1991. ATTEST: Cit~--uTerk (Cor_Do~ate Seal) CITY OF BOYNTON BEACH, FLORIDA ADDENDUM THIS is the First Addendum to that certain Lease Agreement between the City of ~oynton Beach, Florida (City) and Mr. Joe Willison, (Concessionaire) said Lease Agreement being dated April 21 1987. 1 The current~ rental payments shall be reduced to $300.00 per month retroactiv~ito Ma~ 1990 to October 31, 1991. 2. Effective November 1, 1991, through the expiration date. of the Lease, rent Shall be as follows: income, $5,000.00. In addition to the percentage rent $!00.00 ~er moath to be app ) arrearage. Payments .are due. on or before the lOth day of each month. DATED: Witness Witness ATTEST: Suzanne Kruse, City Clerk Witness Witness CITY OF BOYNTON BEACH, FLORIDA BY: Arline Weiner, Mayor Joe Willison STATE OF FLORIDA COUNTY OF PALM BEACH before an ~WEINE-R, ton the!~ ~oU~ty and S , · ~'~ bites: to STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared JOE WILLISON, and that he acknowledged that he executed the same. WITNESS my hand and official seal State last aforesaid this day of 1991. in the County and APPROVED AS TO FORM: Notary Public My Commission Expires: City Attorney Adden. Rec 11/25/91 RECREATION & PARK DEPARTMENT MEMORANDUM NO. 91-478 TO: J. ~Cott Miller, City Manager FROM: Charles C. Frederick, Director of Recreation & Parks ~ ~ DATE: November 12, 1991 SUBJECT: Amendment~oo Lease .Conditions and Rental ~ayments; Bait ~hop at Boat Club Park Attac~ed is a summary of problems concerning tb~ current lease ~nd rental pa!aments fo~ the Bait Shop Concession at Boat Club ark ~d a recommendation to resolve the issue. I have also attached the current Bait Shop lease agreement. I request that this be placed on the Commission agenda for consideration. CCF:cm Attachments xc: Jim Cherof ANALYSIS Based on the physical size of the bait shop, limited merchandise, and volume of potential customers, it seems apparent that the rental~aymentswere ~ructured _~o ~igh. This in concert with the current economic conditions has compounded the problem. Comparing this lease agreement to our public beach concession lease agreement further reveals the problem. , -- ' ' ', BAITSHOP ~ ,,PUBLIC~BE~CH ~ BEACH,CON~ESSION~:, BOAT~CLUB PARK~: I MON'f~LY,, I 1987-88 367,697 1988-89 369,732 1989-90 324,207 1990-91 294,535 1991-92 ' Not Complete $250 $275 $300 $325 $350 $7,789 70,290 67,570 61,143 Not Complete $400 $450 $500 $550 $600 A review of Mr. Willison's tax returns for the business for the past three (3) years reveals a total net income of $844 for 1988; $268 for 1989; and, $328 for 1990. A review of monthly business statements for January 1991 through September 1991 (9 months) reveals a total net income of $130.14. If rent due and unpaid is calculated into these months, the business is running a $6,000 net loss for these nine (9) months~ Based on the current rental schedule, the lessee is behind in payments totalling $7,600 for the period May 1, 1990 through October 31, 1991. RECOMMENDATION The City has the option to terminate the contract now and/or not renew the lease in 1992. This could result in difficulties in collecting the current debt. Based on the past business history of the operation, it may be very difficult to secure another lessee without a reduced rental plan. As Mr. Willison has expressed sincere interest to keep the business and make his debt good, it seems appropriate to work with him based on the following recommendations which he finds acceptable: CITY OF BOYNTON BEACH LEASE AGREEMENT This lease agreement made and entered into by ana between the City of Boynton Beach, Florida, a municipa} corporation, hereinafter referred tO as the "CITY", and Mr. Joe WilliSon hereinafter referred to as the "CONCESSIONAIRE". 1. Contract Objectives The.C~TY-~shal,1 gda~t tothe CONCESSIONAIRE, as an independent c~Q~ractor~'the ~xclusi~ve right and the CONCESSIONAIRE shall a66~pt from]-~e C~the e~clustve right to operate within the designated Ci~ty ~facil~ity: A. Concessions in order to provide primarily fishing Supplies,,baitq gear, tackle, food. and beverages for the daiJy use Dy pat~rons and visitors ~o the Boynton Beach Mudici~al,Boat ClOd Park~ B. The~ONCE~SI~R~ ~grees to sel¥on the concession site iig~a~o~o~eh~ ~ait, tackle, o~her fishing supplies, aear.J',~ooUa6d~be~e~ages:for ~he:~e of patrons and ~iSi~o~S ~tOi{~e Bby~'ton Beach Muni~¢ipal Boat Club Park. 2. Term of ContraCt This ]eas~ agreement shall be in force for a period of five (5} years from:the date of signing unless sooner ~erm~nated as otherwise provided ~n Sect~on7_~mm~T~erm~nat~o , ~itha6 qption to renew for a period of fiveT'{5~yye~r{s) if mutually,agreed upon by both the CITY and CONCESSIONAIRE and Subject to any agreed upon updated conditions in this lease agreement. Compensation A. The CONCESSIONAIRE agrees to pay the CITY a sum of thirty thousand dollars {$30,000.90) for the period of ~ime indica~ted in Sectio~ 2 Term Of Contract (excluding renewal clause} to be paid in monthly increments of ~see attached schedule] · B. In ~dd~ti:o~, the C?CESSIONAIRE agrees to pay the CITY twel~e~p~rdent (12%) of the amoun!t of gross sales and recqip~S ii~ ~xcess of one hundred thousand dollars i($i~;000.,0~)' based'on an annual computation. Gross sales ~d reCet~s shall be defined as sales for cash or on cre- dit; ]es$.~ppl!cabl:e sales tax and added gratuities for ail 'di~eEt~and indirect sales by the CONCESSIONAIRE. Ris~ Management A. The~CONCES$IO~AIRE agrees to indemnify and save harmless ithe CITYif~em all SUitS, claims, damages, and actions of ~anygind~io~,nature arising directly or indirectly on the part:bf~h~ cQNCESSIONAIRE, its agents, servants, ;~lo~eeg; coEtractors and suppliers, arising out of its opera~ioh~under'this lease agreement. B. The CONCESSIONAIRE shall secure'gnd maintain' for the duratiOn~of this lease agreement the following insurance coverage. 1~ Comprehensive General Liability in ~he minimum amounts or'three hundred thousand dollars {$300,000) per person and five hundred thousand dollars ($500,000) per occurrence. 2. Property Damage to the full insurable value of all property involved in the lease agreement. -1- 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 ag~ceement. the C provided, both con- to the satisfaction scussed wi 11 of the )at on, as'to addi- them- ent to days). - The licenses the drink, fer- s, but it is no represen- be granted to )tion pro- lin~nediate herebyexpressly nsation for any and all deficiency, or drainage or heating wires leading to the ~ny loss resulting from current which may use, or for any loss e or claim tion, or termina- any event scheduled the concessi'on site; releases and and all s arising from IONAIRE shall and l~ability for the : or any IONAIRE or theft, ware, r, storm, causes whatsoever. arrange it at the concession spch deliveries do interference with the Of the site. lng materials, bY the CONCESSIONAIRE the City Manager. -3- CONCESSIONAIRE agrees to establish and maintain a system of boo~keeping and fiscal year accounting satisfactory 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, returns, and files of the to gross ONAIRE on at the corporate head- shall make or the to d be found the of such made with after the been a~d 7. Termination Ae 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 iF~nediately if the CONCESSIONAIRE shall become insolvent or bankrupt, make anassignment for the benefit of creditors or be convicted of a crime or any other similar gross mispriority. C. A termination 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. If the conditions are not corrected within a reasonable period of time, then this leaseagreement may be terminated for such conditions by giving thirty {30) days written notice. In the event the CONCESSIONAIRE fails to pay the CITY charges orfees 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. ~f.~his~ t~ase~agreemenb is cancet-ted,or-bermi~ated by the CITY, or if the CITY shall discontinue its opera- tions, 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, convenants, or conditions of this lease agreement shall not be deemed a waiver on the part of the CITY, E. No waiver or default by the CITY of any of the terms, -5- BOAT CLUB PARK PAYMENT SCHEDULE May 1, 1987 toApril 30, 1988~ $400.00 pe~r Month May 1, 1988 to April 30, 1989 ~: $450.O0,peffMonth $4,800.00 5,400.00 May 1, 1989 to April 30, 1990 $500,O0)per-Month 6,000.00 May 1, 1990 to April 30, 1991 $550.QO~per Month 6,600.00 May 1, 1991 to April 30, 1992 $600.O0. per Month 7,200.00 $30,000.00 THIS ks the First,Addendum to that certain Lease the City of Boynton Beach, Fior£da (City) ~itli$on~ (Concessionaire) said Lease Agreement being dated April 2! 987. 1. The current rental payments.shall be reduced to $300.00 per month retroactive tofMay 1, 1990 to.October 1991. 2. Effective November 1, 1991, through the expiration date of the Lease, rent shalI be as follows: 5% of the first $5,000.00 of monthly gross income, DATED: are due on or before the 10th day'of each month. ~tness ~ CITY OF BOYNTON BEACH, FLORIbA arl~he Weiner, ~or ATTE ST: 'Suz~ne Kruse, C~i~y Clerk Witness Witness STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) offi( ta'ke HEREBY CERTIFY that on this day, authorized in the SI before me, an 1991 STATE OF FLORIDA COUNTY OF PALM BEACH ) ) ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the and County aforesaid to take acknowledgements, personall , and that he acknowledged that same.' WITNESS my hand and official seal State last aforesaid this day of 1991. in ~he County and APPROVED AS TO FORM: Notary Public My Commission Expires: City Attorney Adden. Rec 11/25/91