R98-007RESOLUTION R98~'
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE AN
ADDENDUM TO THE LEASE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND KENNETH WELCH FOR THE
LEASE OF THE BAIT SHOP AT BOAT CLUB
PARK; CONSENTING TO ASSIGNMENT OF THE
LEASE FROM KENNETH WELCH TO TIM AND
MONICA BARRANCO; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on September 27, 1995, the City of Boynton
Beach entered into a Lease Agreement with Kenneth Welch as the
lessee of the bait shop concession at Boat Club Park; and
WHEREAS, the City (Lessor) and Kenneth Welch (Lessee)
determined that certain amendments should be made to said
Agreement to provide for a lease extension and option to renew and
to restructure the~compensation schedule; and
WHEREAS, the Lessee, Kenneth Welch wishes to assign his
interest in the Lease and Addendum No. 1 to the Lease to Tim and
Monica Barranco; and
WHEREAS, city staff have recommended the terms and
conditions of this addendum and consent to the assignment of lease,
subject to all past due rents and back taxes being paid in full to the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida does hereby authorize and direct the Mayor and City
Clerk to execute an Addendum to the Lease Agreement between the
City of Boynton Beach, Florida and Kenneth Welch for the lease of
the bait shop at Boat Club Park, a copy of said Addendum being
]
attached hereto as Exhibit "A".
Section 2. The City Commission hereby consents to Kenneth
Welch taking action to assign all right, title and interest in the Lease
Agreement and Addendum No. 1
Monica Barranco.
Section 3.
of the Lease Agreement to Tim and
This Resolution will become upon full payment to
the City of Boynton Beach of all past due rents and back taxes owed
to the City under this Lease Agreement.
PASSED AND ADOPTED this ~ day of January, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Vic e/,,M'ayor
Co~missioner ~
ADDENDUM NO. 1 TO LEASE AGREEMENT BETWEEN
CITY OF BOYNTON BEACH AND KENNETH WELCH
THIS ADDENDUM, dated this ,~' day of January, 1998, is entered into
between the CITY OF BOYNTON BEACH, hereinafter referred to as" City", and
KENNETH WELCH, hereinafter referred to as "Concessionaire", in consideration of the
mutual benefits, terms, and conditions hereinafter specified, and shall constitute part of
the Lease Agreement between the City and Concessionaire, dated September 27,
1995.
WHEREAS, the City and Concessionaire have agreed to authorize a two (2)
year lease extension, with an option to renew for an additional two (2) years pursuant to
a specified schedule; and
WHEREAS..~onocessionaire, KENNETH WELCH wishes to assign the Bait Shop
Tim,~'~ni~7,a BarrancO for the remainder of the lease term, said date being
Leaseto
Se ptember 30, 1998; and
WHEREAS, city staff has recommended this addendum to the lease and the
subsequent assignment to Tim and Monica Barranco.
THEREFORE, BOTH PARTIES AGREE AS FOLLOWS:
Section 1. That the Lease Agreement between the City of Boynton Beach and
Kenneth Welch, shall be amended to permit a two (2) year extension to the term of the
lease, thereby extending the term of the lease agreement from October 1, 1998 through
September 30, 2000. Thereafter, the lease agreement may be extended for an
additional two (2) year period, upon mutual agreement of the parties and subject to any
agreed upon, updated conditions or terms to the lease agreement.
Section 2. That Paragraph 3.A. of the Lease agreement with regard to
compensation to City is hereby amended to provide that beginning October 1, 1998,
City shall be compensated by Concessionaire at a rate of Two hundred seventy-five
($275.00) Dollars per month, plus sales tax. At the end 'of each fiscal year, City shall
receive twelve (12%) percent of the amount of gross annual income in excess of Fifty
thousand ($50,000) Dollars. Lease terms shall remain as provided in the Lease
Agreement through September 30,~ 1998.
Section 3. This addendum shall not be effective until such time as all past due
rent and taxes due the City are paid by Lessee.
Section 4. Each person signing this Addendum on behalf of either party
individually warrants that he or she has full legal power to execute this Addendum on
behalf of the party for whom he or she is signing, and to bind and obligate such party
with respect to all provisions contained in this Addendum.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
this ~' day of January, 1998.
CITY OF BOYNTON BEACH
KENNETH WELCH
Mayor
Attest:
nneth Welch
C it~Clerk ~~~
STATE OF FLORIDA CITY
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally
appeared ~ and acknowledged he/she executed the foregoing Addendum for the use and purposes
mentioned in it, and t~at the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County
aforesaid on this 0 day of~1998.
My CommisSion Expires: ~j~"~ ~.~IONICC~,. ~
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an,officer duly authorized by law to administer oaths and take acknowledgments, personally
appeared ~'/~.n~_l-~Jdc. L~a~d acknowledged he/she executed the foregoing Addendum for the use and purposes
mentioned in it, and that the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County
aforesaid on this L~day of ~'on~r~ 1998.
!
NOTARY PUBLIC
i; .~.~'r~ .... v ~'"
My ~mmission Expires: :'Jt(~)'~
, My ~ss~n Exp ~/0~l~t
s:~wp~agmts~eases~ait S~p Lease Addendum .~
ASSIGNMENT OF LEASE
. ~)4C~'°~' ~
For value received, I assign to Tim/l~nd Monica Barranco, whose address
is 7461 High Ridge Road, Lantana, Florida 33462, their heirs, successors and
assigns, all my right title and interest in and to the within lease made to me on
September 27, 1995, and Addnendum No. 1 to Lease made to me on January
_L__~', 1998, by the City of Boynton Beach.for the facility known as the Boynton Inlet
Bait Shop located at Boynton Beach Municipal Boat Club Park.
In consideration of the above assignment and written consent of the lessor
City, Tim and Monica Barranco hereby assume and agree to make all payments
and perform all agreements, conditions, and obligations of within.Lease and
Addendum No. 1 thereto, by lessee to be made and performed. I acknowledge
that written consent of the City is a condition preCedent to the validity of this
Assignment. A copy of said consent is attached hereto as Exhibit ,A."
Witness our hands and seals on this
199~
,tkssignor, Kenneth Welch
Tk day of -3"'~1u°~' ,(
Assignee, Tim Barranco
As%ignee, Monica Barranco
STATE OF FLORIDA )
· COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgements,
personally appeared Kenneth Welch, to me known to be the person described in
and who executed the foregoing instrument or has produced ~z)¢l,lz
identification and acknowledged before me that ~e. executed the same.
this
WITNESS my hand and official seal in the County and State last aforesaid
N OTAR,~(~[~,, ......... . .................
p ' ~ X'~ ;" ~C'~ienNo. CC627446 "
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and, in Ct~e~County aforesaid to take acknowledgements,
personally appeared Tim ~Oto me knoWn to :be the p_er.son, des~d__bed in a~n~d~,.Cf~,d:-
who executed the foregOing instrument or has produced/J.~'-
identification and acknowledged before me that h6. executed the same.
WITNESS my hand and official seal inthe County and State last aforesaid
this Ih~¢'' day of. ~'-anu. 4¢-~ , 1998.
NOTARY PUBLIC
Print or Type Name
STATE OF FLORIDA )
COUNTY OF PALM BF_ACH )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgements,
personally appeared Monica Barranco, to me known to be .the person described in.~
and who executed the foregoing instrument or has produced ~b¢,¢/~. ~r~¢~' L~ ~as
· .identification and __ acknowledged before me that ~ ¢_.' executed the same.
this
i :'.':'.%,~;~.~.~,-'.' Commission No. CC627446 ~
~ ....... "My C~ion E~, ~/05~1 ~
My C~~~es: ...... ~. .....~"
WITNESS my hand and official seal in the County and State last aforesaid
,'-f'/~ day of ~-'~,~ ~ r ~. , ,1998. ~~
NOTARY PUBLIC
Print or Type Name
S:~ca~agmts~assignrr, m~t of bait shop lease
CITY OF BOYNTON BEACH
LEASE AGREEMENT
This lease agreement made and entered into by and between the City of Boynton Beach,
Florida, a municipal corporation, hereinafter referred to as the "CITY" and Kenneth Welch,
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. Concessions in order to provide primarily fishing supplies, bait, gear, tackle,
food and beverages for the daily use by patrons and visitors to the Boynton
Beach Municipal Boat Club Park.
B. The CONCESSIONAIRE agrees to sell on the concession site live and frozen
bait, tackle, other fishing supplies, gear, food and beverages for the use of
patrons and visitors to the Boynton Beach Municipal Boat Club Park.
2. Terms of Contract
This lease agreement shall be in force for a period of three (3) years from
October 1, 1995, unless sooner terminated as otherwise provided in Section
7, Termination, with an option to renew for a period of three (3) years if
mutually agreed upon by both the CITY and the CONCESSIONAIRE and
subject to any agreed upon updated conditions in this lease agreement.
3. Compensation
A. The CONCESSIONAIRE agrees to pay the CITY a sum of five (5 %)percent
of the first Five Thousand ($5000) Dollars of monthly gross income, plus
twelve (12 %) percent of any monthly gross income over Five Thousand
($5000) Dollars.
B. Gross sales shall be defined as sales for cash or on credit, less applicable sales
tax and added gratuities for all direct and indirect sales by the
CONCESSIONAIRE.
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 agreement.
B. The CONCESSIONAIRE shall secure and maintain for the duration of this
lease agreement the following insurance coverage.
1. Comprehensive General Liability in the minimum amounts of Three
Hundred Thousand Dollars ($300,000) per person and Five Hundred
Thousand Dollars ($500,000) per occurrence.
2. Property damage to the full insurable value of all property involved in
the lease agreement. Both policies shall name the CITY as an
additional insured and shall include Product Liability and Contractual
Liability coverage. Requirement for product liability will be waived
as long as the CONCESSIONAIRE serves only prepackaged
products.
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 the
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 and having a Best's policy- holder's rating of A or better
and a Best's financial rating of AA+ or better. All policies shall contain an
endorsement providing the Purchasing Agent of the City of Boynton Beach
thirty (30) days prior written notice in advance of any material alteration or
cancellation of said policies. All policies of shall be submitted to the
Purchasing Agent not less than ten (10) days prior to the commencement of
the term of this Contract.
5. General Conditions
A. The CONCESSIONAIRE shall be open for operation seven (7) days per week
with the following schedule: 6:00 AM to 6:00 PM Sunday through Saturday.
Exact times of opening and closing may have seasonal variations if approved
by the City Manager, or designee. However, hours must be consistent and
strictly adhered to.
B. The CONCESSIONAIRE will be responsible for prompt and full payment of
all utility bills related to the CONCESSIONAIRE'S operation. These utilities
include but are not limited to electric service, water and sewer service,
sanitation, and gas.
C. Performance Bond - A performance bond or cash deposit in the amount of
[waived] will be required of the CONCESSIONAIRE prior to the signing of
the lease agreement. Said bond or deposit shall be conditioned upon the
CONCESSIONAIRE'S faithful performance of all things herein required of
him.
D. Assignment - The CONCESSIONAIRE will not assign or transfer its rights
and privileges granted under this lease, either in whole or in part, without first
obtaining the written consent of the City Manager.
E. 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.
F. 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.
G. Biannual Review - After six (6) months of signing of original lease agreement
and every six (6) months thereafter until this lease agreement is terminated as
provided, both parties are to meet to review the operation of the concession
and "fine tune' the operation to the satisfaction of both parties. At that
meeting, subjects discussed will include, but will not be limited to, quality of
food and service, prices of food, beverage, tobacco products, fishing supplies,
bait, tackle and gear, cleanliness of concession site, reaction of patrons to the
operation, the quality of the CONCESSIONAIRE'S employees, and the hours
of operation.
H. Exclusivity - The CITY shall not operate any additional, similar, competing
concessions at the Boynton Beach Municipal Boat Club Park without the
CONCESSIONAIRE having first option as to additional operations. The
CITY reserves the right as themselves or any organization granted power as
their agent to sell food and beverages for special community event programs
of short duration (one to three days).
License for Sale of Alcoholic Beverages - The CONCESSIONAIRE is hereby
permitted to secure licenses required for the selling to the public by the drink,
fermented malt beverages and vinous beverages, but it is explicitly understood
that the CITY makes no representation that such license or licenses will be
granted to the CONCESSIONAIRE. A sign should be permanently displayed
by the CONCESSIONAIRE stating that consumption of such alcoholic
beverages is not allowed on Park property or in the concession building and
immediate surrounding area.
J. 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.
K. 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.
L. Advertising Materials - Signs, advertising materials, posters and other such
material used by the CONCESSIONAIRE shall be subject to the approval of
the City Manager.
M. Antidiscrimination Clause - The CONCESSIONAIRE shall not discriminate
against any employee or applicant for employment to be employed in the
performance of this lease agreement with respect to his hire, tenure, term,
condition or privileges of employment or any matter directly or indirectly
related to employment, because of race, color, religion, national origin,
ancestry, sex, age or handicap status.
N. Litigation - In connection with any litigation arising out of the lease
agreement, the prevailing party shall be entitled to recover all costs incurred,
including reasonable attorney's fees.
O. The CONCESSIONAIRE shall make every effort to assist the CITY in
keeping the area free from debris and litter.
6. Financial Operations
A. The CONCESSIONAIRE shall pay promptly all taxes, excise or license fees
or whatever nature, applicable to this operation, and take out and keep current
all licenses, municipal, state or federal, required for the conduct of the
business, and 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 CONCESSIONAIRE also
shall not permit any mechanic's or materialman's or any other lien to be
imposed upon the property hereinabove described or any part or parcel
thereof by reason of any work or labor performed, or materials furnished by
any mechanic or materialman to said concession herein granted. The
CONCESSIONAIRE shall make available, upon request, duplicate receipts
or other satisfactory evidence showing the prompt payment of the social
security, unemployment compensation and 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, judgment, execution or adjudication
in bankruptcy which will in any way impair the rights of the City under this
lease agreement.
B. Accounts and Payment to the City - The CONCESSIONAIRE shall keep a
true and accurate account of all monies received through the operation of the
concession herein granted and shall, on or before the twentieth day of each
month of the lease agreement, render and deliver to the City an itemized
statement showing all monies so received during the calendar month
immediately preceding. Attached to the statement shall be the applicable
payment due to the City, which shall be on a monthly basis. Methods of
accounting, cash recording devices, books, record equipment and any
necessary procedure for determining gross receipts shall be mutually agreed
upon and shall be implemented at the CONCESSIONAIRE'S expense.
C. Audit - The CONCESSIONAIRE shall keep true and complete records and
accounts of all gross receipts and business transacted, including daily bank
deposits, and semi - annually furnish a true and accurate statement for the
preceding six (6) months of all such receipts and business transacted during
such preceding six (6) months (showing the authorized deductions or
exclusions in computing the amount of such gross receipts and business
transactions), which statement shall be certified by an authorized
representative of the CONCESSIONAIRE to be correct. The
CONCESSIONAIRE agrees to establish and maintain a system of
bookkeeping and fiscal year accounting 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, documents, records, returns, papers, and files of the
CONCESSIONAIRE relating to gross receipts and business transacted, and
the CONCESSIONAIRE on request by either, shall make all such matters
available for such examination at the corporate headquarters of the
CONCESSIONAIRE. If the CITY shall make or have such an audit made for
any year and the gross receipts and business transacted shown by the
CONCESSIONAIRE'S statement for such year should be found to be
understated by more than one percent (1%), the CONCESSIONAIRE shall
pay to the CITY the cost of such audit. The CITY'S right to have such an
audit made with respect to any year shall expire three (3) years after the
CONCESSIONAIRE'S statement for any year shall have been delivered to,
and accepted by, the CITY.
7. Termination
A. 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.
B. This lease agreement 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 mispriority.
C. A termination of the lease agreement, for reasons other than expiration of the
term, shall be effected as follows:
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 lease agreement maybe 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.
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.
E. No waiver or default by the CITY of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the
CONCESSIONAIRE shall be construed to be or act as a waiver or any
subsequent default of any of the terms, covenants and conditions herein
contained to be performed, kept and observed by the CONCESSIONAIRE.
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.
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 a proper and satisfactory manner
at its own expense. The provisions of this paragraph shall not apply to the
personal property to which the CITY has a right to use and purchase pursuant
to this lease agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 6. 7 day
of ix` r »1 4 r /Z, 1995.
W ESSES: FOR THE CONCESSIONAIRE
14.1,1d,
f
WITNESSES: FOR THE CITY O OF BOYNTON BEACH
( 9) t. V Phativu,6_)
< t>1_,--e vt _'
Approved as to form:
2 (\zk_c, (.) , r2c uue Cc
ass r City Attorn y
ATTEST:
/ City Clerk
City Seal
NATIONWIDE BUSINESSOWNERS POLICY DECLARATIONS
IN
HOME Of PE COLVM8V5 OHIO
LIABILITY AND MEDICAL EXPENSE COVERAGES LIMITS OF INSURANCE
Liability and Medical Expense $ 1 , 000 , 000 Any One Occurrence
Personal and Advertising Injury Included in Above — Any One Person or Organization
Iviedi:;al Expenses $ 5,000 Any One Person
I ire L.'aal l 'ability $ 50 , 000 Any One Fire or Explosion
(„ • ,I Aggregate Limit (other than Products - Completed
1 )p3r;,tinns and Fire Legal Liability) $ 2,000,000
hro ijcts- (:ompleted Operations Aggregate Limit $ 1,000,000
OPf1011AL LIABILITY COVERAGES — Applicable only if an LIMITS OF INSURANCE
° <° is shown in the boxes below
❑ $
❑ $
❑ $
FORMS APPLICABLE TO ALL PREMISES AND BUILDINGS:
BP 00 02 -0689 BP 00 06 -0689 BP 00 09 -0689
IL 00 03 -0689 CAS 4192 -0190 CAS 4213
IL 02 55 -0594 BP 01 39 -0387 CAS 3880 -0788
CAS 2527 A -0288 BP 04 17 -0689 CAS 3391 -0887
I L 01 75 -0993 CAS 3228 CAS 4420
PREMIUM
Total Annual Premium $ 406.27
Includes the following miscellaneous charges
FLORIDA DOR SURCHARGE $ 0.39
FIGA ASSESSMENT $ 7.88
F MAP SURCHARGE $ 4.00
$
$
In the event you cancel the policy, we will retain net less than $ 350 premium
P O BOX 147080
Date r f Issue 03 -07 -95 Issuing Office GAINESVILLE, FL 32614
i ' • 1.111 t1lte Agency At WEST PALM BEACH FL 33415
Agent USA M SHELLEY
0001762 -09
,f Cas 4401 -A (2 -93)
NATIONWIDE
INSURANCE BUSINESSOWNERS POLICY DECLARATIONS
H(:MC CAF FI(.( C0t 11M6115 OHIO
Issued By: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY
7 Policy Number: RENEWAL
77 BO 661- 606 -0001 D
Named Insured BOYNTON INLET BAIT AND Form of Business: ❑ Sole Proprietorship
Mailing Address TACKLE INC
❑ Partnership ® Corporation
2010 NORTH FEDERAL HIGHWAY ❑ Other
1 BOYNTON BEACH FL 33435
Policy Period: From APRIL 24, 1995 to APRIL 24, 1996 at 12:01 A.M. * Standard Time
at your mailing address. *Exceptions: 12:00 Noon in New Hampshire and Puerto Rico.
Described Premises:
Premises No. Bldg. No. Location Address Description of Business
001 01 2010 NORTH FEDERAL HIGHWAY FISHING BAIT W /TACKLE
BOYNTON BEACH FL 33435
Mortgage Holder Name and Address:
Premises No. Bid.. No. Mortsa•e Holder Mort.a Holder
•
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE TO
PROVIDE YOU WITH THE INSURANCE AS STATED IN THIS POLICY.
PROPERTY COVERAGES ❑ Standard Form ® Special Form LIMITS OF INSURANCE
Premises No. Building No.
•
001 01
Buildings – Replacement Cost $
Actual Cash Value Option $
Automatic Increase `1'0
Business Personal Property $ 7,500
Deductible $ 250 I This Policy Includes Business Income and Extra Expense Coverage.
OPTIONAL PROPERTY COVERAGES — Applicable only if an "X" LIMITS OF INSURANCE
is shown in the boxes below:
❑ Outdoor Signs $ Per Occurrence
❑ Exterior Grade Floor Glass Included
❑ Burglary and Robbery (Standard Form only) $ Inside the Premises
$ Outside the Premises
Of
Money and Securities (Special Form on $ Inside e h Premises
❑ Y S (P N) $ Outside the e Premises
❑ Employee Dishonesty $ Per Occurrence
❑ Systems Protector See Form No. Cas. 4276
❑ Earthquake % Deductible $
❑ $
❑ $
❑ $ _
Cas. 4401 -A (2 -93) Page 1 of 2
,Y NUMBER: 77 BO 661 -6.001 D NAMED INSURED:•
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- MANAGERS
OR LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
/ /I
BUSINESSOWNERS POLICY
SCHEDULE
1. Designation of Premises (Part Leased to You):
2010 NORTH FEDERAL HIGHWAY
BOYNTON BEACH FL 33435
2. Name of Person or Organization (Additional Insured):
CITY OF BOYNTON BEACH
ATTN CHARLIE FREDERICKS
100 EAST BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
WHO IS AN INSURED (Paragraph C) is amended to This insurance does not apply to:
include as an insured the Person or Organization 1. Any "occurrence" which takes place after you
shown in the Schedule, but this insurance with cease to be a tenant in that premises.
respect to such Person or Organization applies only
to the extent that such Person or Organization is 2. Structural alterations, new construction or
held liable for your acts or omissions arising out of demolition operations performed by or on behalf
your tenancy, maintenance, or use of that part of the of the Person or Organization shown in the
premises leased to you as shown in the Schedule Schedule.
and subject to the following additional exclusions:
•
Cas. 4192 (1 -90)
M 01 Due [)ate Change name from date (minis krgnm
()III(I
t ‘ , 1 - L l T �—
( 11762 FL )
ENDORSEMENT
•
Suh)ect to all other terms and condtuoos of the policy, it n understood
and agreed that the po[rcy shoed below is hereby amended as follows
BOND CONTINUATION
It is agreed that the Bond to which this endorsement is
attached is renewed for the term indicated.
Renewal Date - May 17, 1995
Expiration Date - May 17, 1996
provided. however, that the liability of the Company under
this Bond shall not be cumulative.
Attached to and forming part of Bond No. 77 -LP- 661 - 606 -0003D
Url•1( Boynton Inlet Bait & Tackle, Inc.
7010 North Federal Highway
Boynton Beach, FL 33435
Ihi 1 Il ing item ,hall he completed if this endorsement is not referred to by number in the policy to which this endorsement is attached
Attached to and forming part of policy Effective at 12 01 A M on policy effective date Thls endorsement supersedes any prior
number 77 -1.P- 661 - 606 -0003D or 00 05/ (whichever Is later). endorsement numbered
Mo Day Year
Ilti, endorsement is executed by Nationwide Mutual Insurance Company if NATIONWIDE MUTUAL INSURANCE COMPANY
.anl l ompany has issued the policy to which this endorsement is attached, it NATIONWIDE MUTUAL FIRE INSURANCE COMPANY
P exmtted by Nationwide Mutual hire Insurance Company if said Company
hi i „tied the policy to which this endorsement is attached Columbus, Ohio
Pnlm Reach County j
Tax Collector C., ‘I, -, • , ,
301 North Olive Avenue
West Palm Beach, FL 33401 S''f itriil<�,
Counteisigned at A.ithonr d P I n " m.ni
J Mark E. Rontr , C erciLll
�ui if ∎`t I Ili 0(11 PtFAnF ATTACH THIS ENDORSEMENT TO noun POLICY AS 11 CONSITUTES AN IMPORTANT PART OF THE CONTRA( T q £h 04 /U3/9i
BOND NO. 77 -LP- 661- 606 -0003
KNOW ALL MEN BY THESE PRESENTS, THAT WEBoynton Inlet Bait & Tackle, Inc.
AS PRINCIPAL, AND Nationw ide Mutual Ins. Co AS SURETY, ARE HELD AND FIRMLY
BOUND UNTO e' , e! IN AND FOR PALM BEACH COUNTY!
FLORIDA AND SUCCESSORS IN OFFICE IN THE SUM OF Five THOUSAND AND NO /100
(S 5 ,000.001 DOLLARS FOR THE PAYMENT HEREOF WELL AND TRULY TO BE MADE WE BIND
OURSELVES, OUR HEIRS EXECUTORS, ADMINISTRATORS AND SUCCESSORS, JOINTLY AND
SEVERALLY, FIRMLY BY THESE PRESENTS.
SIGNED AND SEALED THIS July DAY OF 22nd 19 9
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT IF THE ABOVE BOUNDEN
Boynton Inlet Bait
& Tackle, Inc. ,AGENT HERETOFORE APPOINTED FOR THE SELLING OF SALTWATEk
LICENSES AND STAMPS OF THE STATE OF FLORIDA AT THAT CERTAIN LOCATION IN 7(110 N. VIL i.i
Boynton Beach, FL n ' °
33435 , FLORIDA KNOWN ASBoynton Inlet Bait & Tac•L1t!, Inc. .
SHALL WELL AND TRULY SELL SAID LICENSES AFORESAID IN ACCORDANCE WITH THE LAWS OF
THE STATE OF FLORIDA AND AGREEMENT OF APPOINTMENT AS AGENT AND REPORT EITHER IN
MONEY OR IN LICENSES REMAINING CI1 HAND AT A TIME AND DATE SET BY THE TAX COLLECT-
OR EACH MONTH THE SALE AND ISSUANCE OF SAID SALTWATER LICENSES AND STAMPS FOR
THE PREVIOUS 30 DAY PERIOD AND TO HAVE ACCOMPANIED WITH SAID REPORT THE PROPER
REMITTANCE OF MONIES COVERING THE SALE OF SAID LICENSES AND STAMPS ON SAID
REPORT IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA AND THE RULES OF THE
TAX COLLECTOR OF PALM BEACH COUNTY, FLORIDA THEN THIS OBLIGATION TO BE VOID
AND OF NO EFFECT OTHERWISE TO REMAIN IN FULL FORCE AND EFFECT.
THE BOND IS EFFECTIVE THE 17th DAY OF May 1993 AND TERMINATES
THE 17th DAY OF May 1994 BUT MAY BE CONTINUED FROM YEAR TO YEAR BY
THE SURETY ISSUING ITS CONTINUATIQN CERTIFICATE. CANCELLATIONS NOTICES MUST
BE RIyCEIVED $Y I • )COLLECTOR'S OFFICE :10, o . PRIOR 0 EXPJRA 'Is
DATE • 7 •! / A ‘; i /
� - •R1 IPALloynton n 't ;a • Tackle, inc.
(SIT ESS
Nationw' e Mutu.1 1st ce Company
WITNESS SURETY 1 i
TAKEN E ORE AND APPRO B ME By EdwarS errow un'.,
T DAY O N F QU Y r � � )
19 Attorney -In -Fact
PALM BEACH COUNTY TAX COLLECTOR
By; '
'ISCA ERVICES , r
(CERTIFIED COPY)
NATIONWIDE MUTUAL INSURANCE COMPANY
HOME OFFICE.* COLUMBUS, OHIO
POWER OF ATTORNEY
liNOtY A1,1, MEN BY TUIESE PRESENTS That Nationwide Mutual Insurance Company, a corporation duly organized under
he laws of t he Stale of Ohio, having its principal office in the City of Columbus, Ohio, pursuant to the following resolution, duly adopted
h■, its Board of Directors on the 6th day of September, 1967, which resolution is still in effect:
"ItESOLV hall, that the Yresident, or any Senior Vice President, Vice President, Resident Vice President or Second Vice president
be, and the same hereby is, authorized and empowered to appoint Attorneys -in -Fact of the Company and to authorize them to
execute any and all bonds, undertakings, recognizances, contracts of indemnity, policies, contracts guaranteeing the fidelity of
persons holding positions of public or private trust, and other writings obligatory in nature which the business of the Company
may require, and to modify or revoke, with or without cause, any such appointment or authority. The authority granted hereby
shall in no way lunit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of
the Company
"RESOLVED FUR'1'IIER, that such Attorneys -in -Fact shall have full power and authority to execute and deliver any and all
such documents and to bind the Company, subject to the terms and limitations of the power of attorney issued to them, and to
affix the seal of the Company thereto, provided, however, that said seal shall not be necessary for the validity of any such documents"
does hereby snake, constitute and appoint Edward F. Merrow
Its true and lawful agentls) and Attorneyls) -in -Fact, individually, to sign, execute, seal and deliver on its behalf as Surety, and as its
act and deed.
I License and Permit Bonds required by any political body or subdivision, administrative agency or other governmental
instrumentality
2 Public Official Bonds required of any public officials, whether elected or appointed
3 Fidelity Bonds guaranteeing the fidelity of persons holding positions of public or private trust
4 Financial Guarantee Bonds •
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its office in Columbus, Ohio, in their own proper persons, and the said Company hereby ratifies and confirms all and what soever
any of said Attorneys -in -Fact may lawfully do in the premises by virtue of the presents.
IN W D'I'N ESS WHEREOF, the said NATIONWIDE M U'I }� I NSURANCE COMPANY has caused this instrument to be sealed
arid duly attested by the signature of its Vice President. the _`t _ -_ day of
December _____, 19 $6.__
/5/ Bernard E. Guinan
(SEAL) Hy
Vice President
}SS
ACKNOWLEDGMENT
STATE OF 0111(1
COUN'T'Y (W FRANKLIN
On t 1 2t h day of De ceillber_ . _ __ _ , 19 $� , before me came the above named Vice President of NATIONWIDE
N111'1'l1 Al, 1NSI tRANCE COMPANY, to me personally known to be the officer described in and who executed the preceding instrument,
, +nil he aw knowledge(' the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company
,rl,uru that the seal affixed thereto is the corporate seal of said Company, and the said corporate seal and his signature were duly
aIfiAed and subscribed to said instrument by the authority and direction of said Company.
(,Nisi' lit! tl.i /s/ Rae I. Mercer
LSI•;s1 Notary Public
My Commission Expires -_ April 17, 1990
� W. Click CERTIFICATE
I, , Assistant Secretary of NATIONWIDE MUTUAL INSURANCE COMPANY,
do hereby certify that the forgoing is a full, true and correct copy of the original Power of Attorney issued by said Company; that the
Resolution included therein is a true and correct transcript from the minutes of the meeting of the Board of Directors duly called and
held on the 6th day of September, 1967, and the same has not been revoked or amended in any manner, that said
Bernard E. Guinan was on the date of the execution of the foregoing Power of Attorney the duly elected
Vice President of NATIONWIDE MUTUAL INSURANCE COMPANY and the corporate seal and his signature as Vice President
were duly affixed and subscribed to the said instrument by the authority of said Board of Directors; and the foregoing Power of Attorney
is still in full force and effect
I N W ITNE a WHEREOF, I h ve hereunto subscribed my game as Assistant Secretary, and affixed the corporate seal of said
Company this nil _ day of July _ -- , 19
7)
-- --'— — Assistant Secretary -- -- - --
t'a',
1336C
CERTIFICATE OF INSURANCE
The company indicated below certifies that the insurance afforded by the policy or policies numbered and
described below is in force as of the effective date of this certificate. This Certificate of Insurance
does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any
policy numbered and described below.
CERTIFICATE HOLDER: INSURED:
CITY OF BOYNTON BEACH BOYNTON INLET BALI AND
RISK MANAGEMENT TACKLE INC
P 0 BOX 310 2010 NORTH FEDERAL HIGHWAY
BOYNTON BEACH, FL 33425 BOYNTON BEACH, FL 33435
- -- -- - - - - -- -- — - - -- - - -- - - - - - -- - - - -- -- - - - --
I POLICY NUMBER I POLICY I POLICY LIMITS OF LIABILITY
TYPE OF INSURANCE I & ISSUING CO. IEFF. DATE IEXP. DATE ( *LIMITS AT INCEPTION)
�iABILITY 77 -B0- 661606 -0001 04-24-94 ! 04 -24 -95
[X] Liability and Nationwide Any One Occurrence $ 1,000,000
Medical Expense Mutual Fire
Personal and Insurance Co. Included in Above - Any One Person or
Advertising Injury I Organization
[X] Medical Expenses Any one person $ 5,000
[X] Fire Legal Any One Fire or Explosion $ 50,000
Liability
General Aggregate* $ 2,000,000
Prod /Comp Ops Aggregate* $ 1,000,000
[ ] Other Liability
AUTOMOBILE LIABILITY
[ ] BUSINESS AUTO Bodily Injury
(Each Person) $
[ ] Owned (Each Accident) $
[ ] Hired 1 Property Damage
[ ] Non -Owned j (Each Accident) $
Combined Single Limit $
---------- - - - - -- ----------- - - - - -- - - - -- ------------- - - - - -- - - - - - --
EXCESS LIABILITY Each Occurrence $
Prod /Comp Ops /Disease
[ ] Umbrella Form Aggregate* $
STATUTORY LIMITS
[ ] Workers' Bodily Injury /Accident $
Compensation Bodily Injury by Disease
and 1 Each Employee $
[ ] Employers' Bodily Injury by Disease
Liability ( Policy Limit $
Should any of the above described policies be cancelled before the DESCRIPTION OF OPERATIONS /LOCATIONS
expiration date, the insurance company will endeavor to mail VEHICLES /RESTRICTIONS /SPECIAL ITEMS
written notice to the above named certificate holder, but failure to BAiT & TACKLE SHOP
nail such notice shall impose no obligation or liability upon the �
company, its agents, or representatives.
Effective Date of Certificate: 04 -24 -1994 Authorized Representative: Lisa M. Shelley
Date Certificate Issued: 04 -05 -1994 Countersigned at: 2154 Jog Road
Policy Types: Businessowners and Contractors WEST PALM BEACH, FL 33415
THIRD ADDENDUM
THIS is a Third Addendum to that certain Lease Agreement
between the City of Boynton Beach, Florida (CITY) and KENNETH
WELCH, Assignee of Lease between CITY and JOE WILLISON
(CONCESSIONAIRE) said Lease Agreement being dated April 21, 1987.
1. The Lease Agreement is amended and extended as follows:
A. Lease Term. The term of the Lease shall be amended to
provide a termination date of September 30, 1995. CONCESSIONAIRE
shall have an option to extend the Lease Agreement an additional
three years provided:
1) CONCESSIONAIRE is not, at the time the option is
exercised, in default of any provision of the Lease and all rent
payments have been timely received by the CITY.
2) CONCESSIONAIRE and CITY reach agreement on the amount
of rental due and payable during the option period.
B. All other terms and conditions of the original Lease
Agreement as amended by Resolutions No. 91 -197 and R92 -64 are
hereby ratified by the parties and shall remain in full force and
effect.
DATED: / ,4;,te4L.
Witnesses as to City: CITY 0 BOYNTON :EACH, FLORIDA
1/ «
-.`1" BY : • - r -
Mayo
ATTEST:
}� p; . • <RM:
Suz Kruse, City Clerk ` Tigr
(Corporate Seal) fin,
Witnesses a to Concessionaire CO ES8IONAIR �� r A4,
/1
/ Joe Willi
24'1x
Kenneth Welch
STATE OF FLORIDA
)ss:
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
acknowledgments, personally appeared eatuicutd ji ,
well known to me to be the Mayor of the City of Boynton Bea h
Florida, and that he acknowledged to me that he executed the
same.
WITNESS my hand and official seal in the County and State last
aforesaid this 29 day of 7 , 1993.
Notary Public
My Commission Expires:
SHANNON BURKETT
_ MY COMMISSION # CC 185833 EXPIRES
3? �
April 17, 1996
, BONDED THPU TROY FAIN ' NSURANCE 'NC
STATE OF FLORIDA
)ss:
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 KENNETH
WELCH, and that they acknowledged that they executed the same.
WITNESS my ha d and offi ial seal in the County and State last
aforesaid this day of l(,1 , 1993.
I
Notary Public
My Commission Expires:
, o W . ROSE MARIE LAMANNA
• ►; :*; MY COMMISSION 4 CC 184157 EXPIRES
August 29, 1993
▪ %l ...;f`` BONDED THRU TROY FAIN INSURANCE. INC.
Adden3.Rec
3/3/93
CONSENT TO ASSIGNMENT OF LEASE
WHEREAS, JOE WILLISON entered into a Lease Agreement with the
City of Boynton Beach on April 21, 1987; and
WHEREAS, JOE WILLISON and KENNETH WELCH entered into an
Agreement whereby KENNETH WELCH will assume responsibility for the
Lease with the City of Boynton Beach; and
WHEREAS, the City of Boynton Beach has no objection to the
assignment of said Lease Agreement.
NOW, THEREFORE the City of Boynton Beach does consent to the
assignment of the Lease Agreement from JOE WILLISON to KENNETH
WELCH.
DATED: /fCe�, �9� /9,23 CITY OF BOYNTO BEACH, FLORIDA
BY: 6.7 df--/-4(--e-1--c-c-7
Mayor
ATTEST: (�
Ci y Clerk
(Corporate Seal)
Approved as to form:
.71.0 C LGV 1,f6 ' --, -.�t
Ci y Attorney �C� � f_xw ' .�!-1/ i,
Lease.Con
3/3/93
SECOND ADDENDUM
THIS is the Second Addendum to that certain Lease
Agreement between the City of Boynton Beach, Florida (CITY)
and Joe Willison (CONCESSIONAIRE) said Lease Agreement being
dated April 21, 1987.
1. The Lease Agreement is amended and extended as
follows:
A. Lease Term. The term of the Lease shall be
extended an additional two (2) years commencing May 1, 1992,
and ending April 30, 1994. CONCESSIONAIRE shall have an
option to extend the Lease Agreement an additional three
years provided:
1) CONCESSIONAIRE is not in default of any
provision of the Lease and all rent payments have been timely
received by the CITY.
2) CONCESSIONAIRE and CITY reach agreement on the
amount of rental due and payable during the option period.
B. All other terms and conditions of the original
Lease Agreement as amended by Resolution 91 -197 are hereby
ratified by the parties and shall remain in full force and
effect.
DATED: April 2-2., 1992
CITY OF BOYNTON B ACH, FLORIDA
Witnesses as to City: -
BY: 4! _
i Arline Weiner, Mayor
4 1ts.L.A • 7 ,71 I it.
ATTEST
Suz ne Kruse, ity Clerk
•
(Corporate Seal /1
/ -/
, Joe Willison
Witnesses as to Concessionaire:
_ItiaeLik 113-Lutji,
STATE OF FLORIDA
ss:
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 ARLINE WEINER,
well known to me to be the Mayor of the City of Boynton
Beach, Florida, and that she acknowledged to me that she
executed the same.
WITNESS my hand and official seal in the County and
State last aforesaid this 29 day of April, 1992.
1! Pr
/•tary Public - .
STATE OF FLORIDA
ss:
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. Joe Willison
has produced his Florida Driver's License as identification and he did
not take an oath. WITNESS my hand and official seal in the County and
State last aforesaid this 69' day o April, 1992.
Notary Public
APPR• / A TO FORM: Notary Public, State of Florida
My Commission Expires April 5, 1993
/ bonded Thru Troy Fait Insurance Inc
I /
alt 'tt
Adden2.Rec
4/20/92
. NATIONWIDE RECEIPT
INSURANCE
® HOME OFFICE 122 9 965
ONE NATIONWIDE PLAZA, COLUMBUS, OHIO 43216
SERVING OVER FIVE MILLION FAMILIES WITH SOUND INSURANCE PROTECTION
❑. NATIONWIDE MUTUAL INSURANCE CO ❑ ONE CHECK PLAN
NATIONWIDE GENERAL INSURANCE CO ❑ NATIONWIDE PROPERTY & CASUALTY CO
NATIONWIDE MUTUAL FIRE INSURANCE CO ❑ COLONIAL INSURANCE CO
❑ NATIONWIDE LIFE INSURANCE CO ❑
Policy or Date of
Acct Number \ \ Receipt 4-2,(4
MONTH DAY R
Premium �, Monthly Qm
Sai- Annual
Due Date L I 'Z- 7 Z ❑ Quarterly � IIat
NAME OF POLICYHOLDER
ADDRESS 4 STREET CITY STATE ZIP CODE
MAKER OF CHECK (IF OTHER THAN POLICYHOLDER)
FOR PAYMENT OF PAYMENT MADE BY
--����^^ O'er Policy a -- s
Premium $c7�JL Loan $ heck
Balance Mortgage ❑ Money Order
Due $ Loan $ 1
ER 1 ! / /
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uSi — 6 - SS , C (ict
KIND OR 1 ANCE � i rM7
RE IVE' BY BY
IMPORTANT: SEE REVERSE SIDE FOR CONDITIONS
The above transaction is to be listed immediately on the Remittance and Pro-
duction Report Copy of Premium Notice must accompany Remittance.
Auto 386 -AA POLICYHOLDER
•
1
CONDITIONS
pti, t represented sv this receipt is tendered and 'his
r efiTjt' r`Jetirri' ' n G' or `o t.eterrrining 'Nhether or -lot s oaT,-
^r _an be aDGrea as reduested is 3ubjert met .,,, _C
NeTtner this receipt nor the enaorsement and deposit oy an f
one or more of the Companies listed on the reverse side hereof
of any check, money order or other instrument on account of
, h;,_h this receipt is given shall bind sucn Company cr 2orn
parties to apply' the money as requested '1N,ny
, Ltrved to accept he payment as requested O '. -T unu t,oe
-amount 01 the payment
2 It is expressly understood that any check yr draft given, n
orange for this rece,ot shad not constitute a tenaPr as hart, o
v-�t tort h , Jrless soon check or draft shall ne ; add
'anon to the (Drawee oank
3 ,r toe oeroon to Nnom this receipt is giver requests - e —o
to be applied to aarrnent of premium on an r'surar poi
neither the givino of this receipt nor the endc-sPrnent
='posit of any :heck money order o, (,.ther nst
tnis receipt is g =°1en shall oe construed as a T ramie
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nehasf of any Companies Tilted hereon
ots <rP rot authorized to grant extensions Or r if e , -+ , vanrerc
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CITY OF BOYNTON BEACH
FINANCE MEMORANDUM NO. 93 -006
TO: Charles Frederick, Recreation & Parks Director
FROM: Grady Swann, Director of Finance
DATE: January 29, 1993
SUBJECT: Bait Shop Lease
In response to your January 28, 1993 Memorandum #93 -56, attached is
an analysis of the Bait Shop receipts since November 1992.
Gra y Swann
Director of Finance
GWS:mrm
Attachments
M Ile
29- Jar. -93 .
•
BAIT SHOP LEASE .
Date Gross 5% of Payments
Month Paid Income Gross Rent Past Debt Total
November 1991 12/16/91 2,880.00 144.00 144.00 100.00 244.00
December 1991 01/10/92 2,742.00 137.10 137.10 100.00 237.10
January 1992 02/10/92 2,565.00 128.25 128.25 100.00 228.25
February 1992 03/11/92 2,796.00 139.80 139.80 100.00 239.80
March 1992 04/09/92 3,533.00 176.65 176.65 100.00 276.65
April 1992 05/11/92 2,800.00 140.00 140.00 100.00 240.00
May 1992 06/11/92 3,965.00 198.25 198.25 100.00 298.25
June 1992 07/13/92 2,820.00 141.00 141.00 100.00 241.00
July 1992 08/10/92 3,127.00 156.35 156.35 100.00 256.35
• 1,361.40 900.00 2,261.40
Amount to pay off old debt 2,800.00
Owed on old debt 1,900.00
7 yak ) b- oAl
��LI t�jZ
RECREATION & PARK MEMORANDUM 092-1 9 41/44 r
TO: J. Scott Miller, City Manager
FROM: Charles C. Frederick, Director of Recreation & Parks
SUBJECT: Boat Club Park Bait Shop Concession Lease Renewal
DATE: April 13, 1992 ggigt
HISTORY
The lease for the Bait Shop Concession at Boat Club Park expires
on April 30, 1992.
On November 12, 1991, the Commission authorized an amendment to
the lease (attached) which restructured the rent payments.
The amendment reflected that if the concessionaire makes all
payments on schedule, including debt re- payment, that upon
expiration of the lease, the lease would be re- negotiated for two
(2) years. If after two (2) years of renewal all rent payments
and the debt has been repaid, an option to renew for another
three (3) years would be available by mutual consent of both
parties.
ANALYSIS
Since the lease amendment in November of 1991, the concessionaire
has made all required payments on schedule and is in compliance
with the lease agreement.
RECOMMENDATION
1. Renew the lease for a period of two (2) years based on the
original lease and the addendum to the lease as established
by Resolution 91 -197.
2. Incorporate in the new lease a statement that if after two
(2) years the lessee has made all rental payments and the
debt has been paid, an option to renew for another three (3)
years is allowed if mutually agreed upon by the City and the
concessionaire and subject to any agreed upon, up -dated
conditions in the lease agreement.
3. Request the City Attorney to prepare a new lease agreement
reflecting the stated conditions and then forward to the
City Commission for approval.
CCF:cm
Attachment
xc: James Cherof, City Attorney
RESOLUTION NO. R92-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A SECOND ADDENDUM
TO THE LEASE AGREEMENT FOR THE BAIT SHOP
CONCESSION AT BOAT CLUB PARK BETWEEN THE
CITY OF BOYNTON BEACH AND JOE WILLISON;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, 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 a Second Addendum to the Lease Agreement between the
City of Boynton Beach and Joe Willison for the bait shop
concession at Boat Club Park;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIOIISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby
directed to execute the Second Addendum to the Lease
Agreement between the City of Boynton Beach and Joe Willison,
for the bait shop concession at Boat Club Park, according to
the recommendation of the City's Recreation Department; and
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this (/ day of April, 1992.
CITY OF BOYNTON BEACH, FLORIDA
ayor /
.ed ,
ice ayor
Co ssioner
J
1►�
l�
aid-1J
=mmissib r
ATTEST:
- % -
Ci/ Clerk
(Corporate Seal)
•
ADDENDUM
THIS is the First Addendum to that certain Lease
Agreement between the City of Boynton 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 retroactive to May 1, 1990 to October 31,
1991.
2. Effective November 1, 1991, through the expiration
date of the Lease, rent shall be as follows:
5% of the first $5,000.00 of monthly gross income,
plus 10% of any monthly gross income over
$5,000.00. In addition to the percentage rent
Concessionaire shall pay $100.00 per mcnth to be
applied to Concessionaire's arrearage. Payments
a re due on or before the 10th day of each month.
DATED: O ea 1,.J.(AJ 6, /991
CITY OF BOYNTON BEACH, FLORIDA
'? "40,j _L. ht • P /
tness BY: � -�-t 1� / .,k . 1 - - - - -
Arl e Weiner, Playor
fitness
ATTEST:
'Suz ne Kruse, CI y Clerk
/( Joe Wi 1 i son
Witness
0 AS FOR
Witness �l
7Y ATTORN
Vii R �
EtEIVEO
DEC 16 1991 1
4131
RECREATION & PARK MEMORANDUM #92 -135
TO: J. Scott Miller, City Manager
FROM: Charles C. Frederick, Director of Recreation & Parks
SUBJECT: Boat Club Park Bait Shop Concession Lease Renewal
DATE: April 13, 1992
HISTORY
The lease for the Bait Shop Concession at Boat Club Park expires
on April 30, 1992.
On November 12, 1991, the Commission authorized an amendment to
the lease (attached) which restructured the rent payments.
The amendment reflected that if the concessionaire makes all
payments on schedule, including debt re- payment, that upon
expiration of the lease, the lease would be re- negotiated for two
(2) years. If after two (2) years of renewal all rent payments
and the debt has been repaid, an option to renew for another
three (3) years would be available by mutual consent of both
parties.
ANALYSIS
Since the lease amendment in November of 1991, the concessionaire
has made all required payments on schedule and is in compliance
with the lease agreement.
RECOMMENDATION
1. Renew the lease for a period of two (2) years based on the
original lease and the addendum to the lease as established
by Resolution 91 -197.
2. Incorporate in the new lease a statement that if after two
(2) years the lessee has made all rental payments and the
debt has been paid, an option to renew for another three (3)
years is allowed if mutually agreed upon by the City and the
concessionaire and subject to any agreed upon, up -dated
conditions in the lease agreement.
3. Request the City Attorney to prepare a new lease agreement
reflecting the stated conditions and then forward to the
City Commission for approval.
CCF:cm
Attachment
xc: James Cherof, City Attorney
I1 Ii. Efi BMSalms
RECREATION & PARK DEPARTMENT MEMORANDUM NO. 91-4 Becreat i.
Pinanc
TO: J. Scott Miller, City Manager
FROM: Charles C. Frederick, Director of Recreation & Parks
DATE: November 12, 1991
SUBJECT: Amendment to Lease Conditions and Rental Payments; Bast
Shop at Boat Club Park
Attached is a summary of problems concerning the current lease
and rental payments for the Bait Shop Concession at Boat Club
Park and a recommendation to resolve the issue. 1 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
l�,sa.
ADDENDUM
THIS is the First Addendum to that certain Lease
Agreement between the City of Boynton 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 retroactive to May 1, 1990 to October 31,
1991.
2. Effective November 1, 1991, through the expiration
date of the Lease, rent shall be as follows:
5% of the first $5,000.00 of monthly gross income,
plus 10% of any monthly gross income over
$5,000.00. In addition to the percentage rent
Concessionaire shall pay $100.00 per month to be
applied to Concessionaire's arrearage. Payments
are due on or before the 10th day of each month.
DATED: Oeegm.LcAJ ,, /99/
CITY OF BOYNTON BEACH, FLORIDA
�DL Ptt
tness BY.
° Arl ne Weiner, Mayor
Witness
ATTEST:
Suz - Kruse, i y Clerk
,/
Joe Wil - ison
Witness
t L/ Ap - - OV • AS • FOR
Witnes f,a
TY ATIORN
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 ARLINE WEINER,
well known to me to be the Mayor of the City of Boynton
Beach, Florida, and that she acknowledged that she executed
the same.
WITNESS my hand and official seal in the County and
State last aforesaid this 6 day of Oec¢/vvd-e.A)
1991.
j kainAeL,c-vd duAett
Notary Public
I XP My Commissiopb Tres :
MY COMMIS STATE S: ■OND[D T N R y N OTARY PRE APRIL 17. 1992
UNDERWRITERS.
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 in the County and
State last aforesaid this /6 day of � e �e�w8e,u
1991.
A -rietAl.$44-1) &Litk,i;L
Notary Public
My Commission Expires:
APPROVED AS TO FORM:
NOTARY PUBLIC. STATE OF FLORIDA
E JNU CE[7 M iMOMISSION EXPIRES APRIL 17. 1992.
kU NU7ARy PUi3LIG UNJERWRITER3
City Attorney
Adden.Rec
11/25/91
VIII. NEW BUSINESS
RECREATION & PARK DEPARTMENT MEMORANDUM NO. 91 cc: Recreation
Finance
TO: J. Scott Miller, City Manager L
FROM: Charles C. Frederick, Director of Recreation & Parks L 73
DATE: November 12, 1991
SUBJECT: Amendment to Lease Conditions and Rental Payments; Bait
Shop at Boat Club Park
Attached is a summary of problems concerning the current lease
and rental payments for the Bait Shop Concession at Boat Club
Park and 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
1 ' +
PROPOSAL TO RESOLVE LEASE AND
RENTAL PAYMENTS FOR THE
BAIT SHOP AT BOAT CLUB PARK
HISTORY
In 1985 the City purchased additional property adjacent to Boat Club Park
for park expansion. An old structure was on the property and Mr. Joe Willison
was operating it as a bait shop. It was felt that the bait ship would provide
a service to patrons using the park and provide some revenue for the City
As a part of the park development. the City decided to demolish the 'Id
structure, construct a new bait shop and lease the business. As Mr. Willison
was currently the operator, the City agreed to lease the new operation to Mr,
Willison for five (5) years and a lease agreement was negotiated requiring a
monthly payment of $400 starting May of 1987 and increasing $50 per month each
year until May, 1992.
Based on Mr. Willison's past business experience and assuming that a new
park would generate more visitors and business, it was felt by both parties
that the lease payments could be met -
PROBLEM
Unfortunately, the revenue assumptions for this business were
over - estimated based on the business records.
Mr. Willison, has been delinquent in rental payments for a lengthy time
period. Grady Swann, Finance Director, and I met with Mr. Willison in May of
1991 to discuss his lease and payment problems. After this meeting, Mr,
Willison made a $2,000 payment as well as his June, 1991, monthly payment and
indicated he was attempting to raise additional funds through sale of his
assets or home re- financing to settle the remainder of his rental debt. Pc
date he has been unable to raise these funds or to make his current monthly
payments.
Mr. Willison has been very straight forward about his financial problems
and has provided for our review his last three years tax returns, as well as
his monthly business revenue and expense logs which reflect that the bait shop
does not generate enough revenue to pay the monthly rent.
ANALYSIS
Based on the physical size of the bait shop, limited merchandise, and
volume of potential customers, it seems apparent that the rental payments were
structured to high. 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.
i BAITSHOP
;PUBLIC BEACH ; BEACH CONCESSION: BOAT CLUB PARK ; MONTHLY
YEAR ;ANNUAL VISITATIONS ; MONTHLY RENT ; ANNUAL VISITATIONS; RENT
1987 -88 ; 367,697 ; $250 ; 57,789 ; $400
1988 -89 ; 369,732 ; $275 ; 70,290 ; $450
1989 -90 ; 324,207 ; $300 ; 67,570 ; $500
1990 -91 ; 294,535 ; $325 ; 61,143 ; $550
1991 -92 Not Complete ; $350 Not Complete $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:
1. Reduce the rental payment to $300 /month effective back to 5/1/90 and
recalculate the debt as of 10/31/91. This will yield a current rental
debt of $2,800.
2. Establish a new rental payment schedule to be effective from November i.
1991 through April 30, 1992 which ends the 5 year lease period.
This schedule would require payment of 5% on the first $5,000 of monthly
gross income and 10% of any monthly gross income over $5,000. in
addition, an additional $100 per month shall be paid and applied to the
debt repayment. Payment for each month would be due by the 10th day ot
the following month.
As business records reflect an average of $4,000 to $5,000 monthly gross
income, this would yield a rental payment of between $200 and $250 per
month plus the $100 due for debt repayment.
3. Assuming the lessee makes all payments as noted in number 2, upon lease
expiration re- negotiate the option to renew for two (2) years. The new
lease would include a new rental payment schedule, which will include
continued re- payment of the debt. If after two (2) years, the lessee has
made all rental payments and the debt has been re -paid, an option
renew for another three (3) years will be considered.
SUMMARY
While the City has the option to terminate the lease at this time, it is
questionable whether such action will benefit the City. The recommendation is
an attempt to salvage a business and businessman, establish a rent structure
which relates to the business volume and recover past due rent, and still
provide a service to patrons of the park facility.
X.
CITY OF BOYNTON BEACH
LEASE AGREEMENT
This lease agreement made and entered into by and between the City
of Boynton Beach, Florida, a municipal corporation, hereinafter
referred to as the "CITY ", and Mr. Joe Willison
, 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. Concessions in order to provide primarily fishing
supplies, bait, gear, tackle, food and beverages for the
daily use by patrons and visitors to the Boynton Beach
Municipal Boat Club Park.
B. The CONCESSIONAIRE agrees to sell on the concession site
live and frozen bait, tackle, other fishing supplies,
gear, food and beverages for the use of patrons and
visitors to the Boynton Beach Municipal Boat Club Park.
2. Term of Contract
This lease agreement shall be in force for a period of
five (5) years from the date of signing unless sooner
terminated as otherwise provided in Section 7 rmination,
with an option to renew for a period of fiv (5 y�(s) if
mutually agreed upon by both the CITY and the
CONCESSIONAIRE and subject to any agreed upon updated
conditions in this lease agreement.
3. Compensation
A. The CONCESSIONAIRE agrees to pay the CITY a sum of
thirty thousand dollars ($30,000.00) for the period of
time indicated in Section 2 Term of Contract (excluding
renewal clause) to be paid in monthly increments of
[see attached schedule] .
B. In addition, the CONCESSIONAIRE agrees to pay the CITY
twelve percent (12%) of the amount of gross sales and
receipts in excess of one hundred thousand dollars
($100,000.00) based on an annual computation. Gross sales
and receipts shall be defined as sales for cash or on cre-
dit, less applicable sales tax and added gratuities for
all direct and indirect sales by the CONCESSIONAIRE.
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
coverage.
1. Comprehensive General Liability in the minimum amounts
of three hundred thousand dollars ($300,000) per person
and five hundred thousand dollars ($500,000) per
occurrence.
2. Property Damage to the full insurable value of all
property involved in the lease agreement.
-1-
Both policies shall name the CITY as an additiona
insured and shall include Product Liability and
Contractual Liability coverage. Requirement titer
product liability will be waived as long ,.is the
CONCESSIONAIRE serves only prepackaged oroducr
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 on
equipment and that of its suppliers which CONCESSIONAIRE
shall elect to place or install on the premises. Such a
- policy shall contain standard waiver of subrogation clause
and a certificate of such endorsement shall be furnished
to the CITY.
D. All policies of insurance shall be issued by insurance
companies licensed to do business in the State and having
a Best's policy - holder's rating of A or better and a
Best's financial rating of AA+ or better. All policies
shall contain an endorsement providing the Purchasing
Agent of the City of Boynton Beach thirty (30) days prior
written notice in advance of any material alteration or
cancellation of said policies. All policies of shall be
submitted to the Purchasing Agent not less than ten
(10) days prior to the commencement of the term of this
Contract.
5. General Conditions
A. The CONCESSIONAIRE shall be open for operation seven (7)
days per week with the following schedule: 6:00 AM to
6:00 PM Sunday through Saturday. Transition from the
current six (6) day a week operation to seven (7) day a
week can occur during the first six months this contract
is in force. Adherence to this section will be determined
at the first biannual review.
Exact times of opening and closing may have seasonal
variations if approved by the City Manager. However,
hours must be consistant and strictly adhered to.
B. The CONCESSIONAIRE will be responsible for prompt and full
payment of all utility bills related to the
CONCESSIONAIRE'S operation. These utilities include but
are not limited to electric service, water and sewer
service, sanitation, and gas.
C. Performance Bond - A performance bond or cash deposit r
the amount of [waived] will be required of the
CONCESSIONAIRE prior to the signing of the lease agreement.
Said bond or deposit shall be conditioned upon the
CONCESSIONAIRE'S faithful performance of all things herein
required of him.
D. Assignment - The CONCESSIONAIRE will not assign or
transfer its rights and privileges granted under this
lease, either in whole or in part, without first
obtaining the written consent of the City Manager.
E. 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.
F. 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 he 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.
G. 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 con-
cession and "fine tune" the operation to the satisfaction
of both parties. At that meeting subjects discussed will
include, but will not be limited to, quality of food and
service, prices of food, beverage, tobacco products,
fishing supplies, bait, tackle and gear, cleanliness of
concession site, reaction of patrons to the operation, the
quality of the CONCESSIONAIRE'S employees, and the hours
of operation.
H. Exclusivity - The CITY shall not operate any additional
competing concessions at the Boynton Beach Municipal Boat
Club Park or at any additional adjacent property acquired
by the CITY without the CONCESSIONAIRE'S approval and
without the CONCESSIONAIRE having first option as to addi-
tional operations. The City reserves the right as them-
selves 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).
I. License for Sale of Alcoholic Beverages - The
CONCESSIONAIRE is hereby permitted to secure licenses
required for the selling to the public by the drink, fer-
mented malt beverages and vinous beverages, but it is
explicitly understood that the CITY makes no represen-
tation that such license or licenses will be granted to
the CONCESSIONAIRE. A sign should be permanently
displayed by the CONCESSIONAIRE stating that consumption
of such alcoholic beverages is not allowed on Park pro-
perty or in the concession building and immediate
surrounding area.
J. 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 termina-
tion 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.
K. 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.
L. Advertising Materials - Signs, advertising materials,
posters and other such material used by the CONCESSIONAIRE
shall be subject to the approval of the City Manager.
-3-
M. Antidiscrimination Clause - Tine CONCESSIONAIRE sna re
discriminate against any employee or applicant 'F'r
employment to be employed in the performance of his
lease agreement with respect to his hire, tenure, term,
condition or privileges of employment or any matter direct "'
or indirectly related to employment, because of - ace,
color, religion, national origin, ancestry oex age o"
handicap status.
N. Litigation -- In connection with any litigation arising out
of the lease agreement, the prevailing party shall be
entitled to recover all costs incurred, including
reasonable attorney's fees.
0. The CONCESSIONAIRE shall make every effort to assist the
CITY in keeping the area free from debris and litter.
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 workmens' compensation insurance with an authorized
insurance company, insuring the payment of compensation to
all employees engaged in the operation of said concession.
The CONCESSIONAIRE also shall not permit any mechanic's or
materialman's or any other lien to be imposed upon the
property hereinabove described or any part or parcel
thereof by reason of any work or labor performed, or
materials furnished by any mechanic or materialman to said
concession 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 the
social security, unemployment compensation and all taxes
and fees above referred to, and showing that the said
workmens' compensation insurance and all required licenses
are in good standing. The CONCESSIONAIRE shall pay
promptly when due all bills, debts and obligations
incurred in connection with the operation of the concession
and shall not permit same to become delinquent and suffer
no lien, mortgage, judgment, execution or adjudication in
bankruptcy which will in any way impair the rights of the
City under this lease agreement.
B. Accounts and Payment to the City - The CONCESSIONAIRE
shall keep a true and accurate account of all monies
received through the operation of the concession herein
granted and shall, on or before the twentieth day of each
month of the lease agreement, render and deliver to the
City an itemized statement showing all monies so received
during the calendar month immediately preceding. Attached
to the statement shall be the applicable payment due to
the City, which shall be on a monthly basis. Methods of
accounting, cash recording devices, books, record equip-
ment and any necessary procedure for determining gross
receipts shall be mutually agreed upon and shall be
implemented at the CONCESSIONAIRE'S expense.
C. Audit - The CONCESSIONAIRE shall keep true and complete
records and accounts of all gross receipts and business
transacted, including daily bank deposits, and semi-
annually furnish a true and accurate statement for the
preceding six months of all such receipts and business
transacted during such preceding six months (showing the
authorized deductions or exclusions in computing the
amount of such gross receipts and business transactions),
which statement shall be certified by an authorized
representative of the CONCESSIONAIRE to be correct. The
CONCESSIONAIRE agrees to establish and maintain a system
of bookkeeping and fiscal year accounting 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, documents, records, returns,
papers, and files of the CONCESSIONAIRE relating to gross
receipts and business transacted, and the CONCESSIONAIRE
on request by either, shall make all such matters
available for such examination at the corporate head-
quarters of the CONCESSIONAIRE. If the CITY shall make or
have such an audit made for any year and the gross
receipts and business transacted show by the
CONCESSIONAIRE'S statement for such year should be found
to be understated by more than one percent (1 %), the
CONCESSIONAIRE shall pay to the CITY the cost of such
audit. The CITY'S right to have such an audit made with
respect to any year shall expire three (3) years after the
CONCESSIONAIRE'S statement for any year shall have been
delivered to, and accepted by, the CITY.
7. Termination
A. 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.
B. This lease agreement 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 mispriority.
C. A termination of the lease agreement, for reasons other
than expiration of the term, shall be effected as follows:
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 lease 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 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.
4. If this lease agreement is cancelled or terminated 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.
D. 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-
covenants or conditions hereof to be performed, kept any,
observed by the CONCESSIONAIRE shall be construed to be
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.
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 a proper and satisfactory manner at its own
expense. The provisions of this paragraph shall not apply
to the personal property to which the CITY has a right to
use and purchase pursuant to this lease agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals this ,t, day of v 1,_% , 1987.
FOR THE CONCESSIONAIRE
WITNESSES: 1) , , &° ,e- - el ; - - - - -
,/,(/',244f.., ...9, -7,,i-ere...--(___-----/ , " 4 1 2*. 1 C::::) FOR THE CITY OF BOYNTON BEACH
WITNESSES: ,
l f���� t i_. / , , -ems t
'7Z--- .4 /At _ 4 0: ... . it a . . ,
1;f Ap ; ed as to f
City Attorney
ATTES
y lerk
City Seal
-6-
BOAT CLUB PARK
PAYMENT SCHEDULE
May 1, 1987 to April 30, 1988 $400.00 per Month $4,800.00
May 1, 1988 to April 30, 1989 $450.00 per Month 5,400.00
May 1, 1989 to April 30, 1990 $500.00 per Month 6,000.00
May 1, 1990 to April 30, 1991 $550.00 per Month 6,600.00
May 1, 1991 to April 30, 1992 $600.00 per Month 7,200.00
$30,000.00