R09-087
II ,
1 RESOLUTION NO. R 09- OS1
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE EXECUTION OF THE LEASE
6 AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND TEAM REEL ESTATE, INC., D/B/A
8 FLORIDA FISHING ACADEMY FOR A PERIOD OF
9 THREE (3) YEARS; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12 WHEREAS, upon recommendation of staff, the City Commission has determined
13 that it is in the best interests of the residents of the City to execute a Lease Agreemen
14 Team Reel Estate, Inc., d/b/a Florida Fishing Academy for the use of the Bai
15 Club Park to be operated as a bait shop for a period of three (3) years.
16 NOW, THEREFORE, BE IT RESOLVED BY T
17 THE CITY OF BOYNTON BEACH, FLORIDA
.ya Section 1. The foregoing "Wher s" clauses are hereby ratified and confirmed as
being true and correct and are hereb ade a specific part of this Resolution upon adoption
V"i 19 hereof.
C\ 20
. 'i::~ 21 Section 2. City Commission of the City of Boynton Beach, Florida does
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22 hereby authorize e execution of the Lease Agreement with Team Reel Estate, Inc., d/b/a
23 Florida Fis . g Academy for the use of the Bait Shop at Boat Club Park to be operated as a
24 p for a period of three (3) years, a copy of which is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
I
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1h.
1 PASSED AND ADOPTED this I" day of June, 2009.
2
3 BEACH, FLORIDA
4
5
6
7
8
9 ice Mayor - Woodrow L. Hay
10
11
12 Commissioner - Ronald Weiland
13
14
15 Commissioner - Jose Rodriguez
16
17
0~: Commissioner - Marlene Ross
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,~\,t 21
\.9 22
23 Janet M. Prinito, CMC
2 City Clerk
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/ 30
/ 31 (City Seal)
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LEASE AGREEMENT ~Or-()Y 1
THIS AGREEMENT, dated this _ day of 2009, by and between:
CITY OF BOYNTON BEACH, a municipal corporation organized and operating under
the laws of the State of Florida, with an address of 100 E. Boynton Beach Boulevard,
Boynton Beach, Florida 33435, hereinafter referred to as "LESSOR",
and
TEAM REEL ESTATE, INC. d/b/a FLORIDA FISHING ACADEMY, a Florida
corporation authorized to conduct business in the State of Florida, with an address of 7067
Peninsula Court, Lake Worth, FL 33467 hereinafter referred to as "LESSEE".
WHEREAS, the City of Boynton Beach and Team Reel Estate, Inc. desire to enter into this
Lease Agreement; and,
WHEREAS, the City agrees to Lease to Team Reel Estate, Inc. for the use of the Florida
Fishing Academy a portion of the designated facility located at the Boat Club for the purposes set
forth herein; and,
WHEREAS, the Lease Agreement does not preclude the City from also using the remaining
property located at the Boat Club as provided herein; and,
NOW, THEREFORE, the parties hereto for the promises and covenants herein contained
and other good and valuable consideration, the sufficiency of which is hereby acknowledged state as
follows:
1. PREMISES: LOCATION AND USE THEREOF.
1.1. LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the
building at the Boat Club Park located at 2010 North Federal Highway, Boynton Beach, Florida, with all
improvements therein, which shall hereinafter be referred to as "the Premises".
1.2. This Lease Agreement includes the lease of the parking areas used in connection with and
minimally necessary for the operation ofthe Premises for its intended use.
1.3 This Lease is subject to the terms, covenants and conditions herein set forth and LESSEE
covenants as a material part of the consideration for this Lease to keep and perform each and every term,
covenant and condition herein set forth.
2. USE.
2.1 LESSEE shall use the Premises for the operation of a "bait shop" where the LESSEE will
offer for sell the products generally listed is Exhibit "A."
2.2. LESSEE shall not do or permit anything to be done in or about the Premises or allow the
Premises to be used for any improper, unlawful or objectionable purpose; nor shall LESSEE cause,
maintain or permit any nuisance in, on or about the Premises. LESSEE shall not commit or allow to be
committed any waste in or upon the Premises.
3. RENT.
3.l. LESSEE agrees to pay to LESSOR as Rent, without notice or demand, for the Term of this
Lease, the annual sum of One and 00/100 ($1.00) dollar. The rental payments shall commence on the date
upon which the last party to this Agreement has executed this hereinafter defined as the "Commencement
Date" and each year thereafter for the term of this Lease. All rental payments shall be paid to LESSOR.
3.2. In exchange for the nominal rent, LESSEE agrees to provide the Three Hundred (300)
hours of instruction and One Thousand Eight Hundred Seventy-Five and 00/1 00 ($1,875.00) dollars in
materials per year of the term that benefit the participants of the City of Boynton Beach's programs, which
includes fishing instruction from the Hooked On Fishing-Not On Drugs curriculum, advanced fishing
instruction and fishing trips, and may be provided in a combination of summer and specialty camps, after
school programs and other programs.
4. LESSEE'S OBLIGATIONS.
4.l. LESSEE shall submit a written description of the products being offered and a detailed
description of the item. Merchandise, souvenirs and any other non-consumables can be sold by LESSEE.
LESSOR shall have the final approval on what products are offered for sale. Approval will not be
unreasonably withheld.
4.2. LESSEE shall keep accurate records of all sales and receipts through the use of electronic
cash registers which provide daily tapes and reports.
4.3. LESSEE will provide a monthly report to the LESSOR and attach copies of the daily tapes
of each report by the 15th of the following month. LESSOR shall have the right to inspect the financial
books, records and inventories of LESSEE in relation to the operation of the bait shop at the Premises at
any reasonable time.
4.4. LESSEE will be responsible for the purchase, inventory and security of all products
offered for sale in the Premises. LESSOR shall not be responsible for any goods or equipment stored at
the Premises nor will it be responsible for damage resulting from a power failure, flood, fire, theft,
vandalism, explosion and/or any other causes to LESSEE's goods or equipment.
4.5. LESSEE shall arrange for the delivery of supplies used at the Premises at times and in a
manner so that such deliveries do not create congestion or undue interference with regular operation and
maintenance of the site.
4.6. LESSEE agrees to make all the renovations to the Premises as listed on the "Bait shop
renovation list" attached hereto as Exhibit "8."
4.7. LESSEE will use all its own equipment, as approved by the appropriate governing agency.
LESSEE shall provide all working capital, operating equipment and inventory necessary to effectively
manage the operation of a bait shop.
4.8. LESSEE shall supervise and compensate all of its employees at the Premises. LESSEE's
staff shall be employees of the LESSEE and not the LESSOR.
4.9. Consumption of alcoholic beverages, smoking and the use of any tobacco products is
strictly prohibited at the Premises.
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4.10. No cooking or heating of any foods products and products for consumption is allowed in
the Premises, including but not limited to the use of ovens, burners, microwave ovens.
4.11. LESSEE's employees shall be neatly dressed at all times. LESSEE shall only employ
competent personnel to perform retail services. In the event that at any time during the term of the Lease
Agreement the LESSOR desires the removal of any person(s) employed by the LESSEE to perform
services at the Premises pursuant to this Lease Agreement, for any reason, the LESSEE shall remove such
person(s) immediately upon receiving notice from the LESSOR of the desired removal of such person(s).
4.12. LESSEE shall ensure that background checks of all of LESSEE's employees working at
the Premises shall be performed by the CITY OF BOYNTON BEACH POLICE DEPARTMENT at the
expense of the LESSEE.
4.13. LESSEE shall maintain copies of Material Safety Data Sheets (MSDS's) for all of the
products used in the performance of the contract on the premises. The MSDS's shall be easily accessible
for the purpose of reference with regard to toxic and hazardous properties, precautions to take and what to
do in case of an emergency.
4.14. LESSEE will be responsible for disposing of all its trash and garbage in the designated
dumpster or recycling areas. LESSEE is responsible for complying with all recycling rules, regulations,
and laws of the CITY and/or appropriate governmental bodies.
4.15. LESSEE shall make every effort to assist the CITY in keeping the area free from debris
and litter.
4.16. LESSOR shall be solely for and shall promptly pay all charges for utilities including,
sewer, electricity, telephone, security, solid waste disposal, recycling, and alarm service.
5. HOURS OF OPERATION.
5.l. LESSEE may designate its own hours of operation; however, LESSEE agrees that the bait
shop shall be open for operation at a minimum on Friday, Saturdays and Sundays from 6:00 a.m. to 3:00
p.m. and on the following holidays: Martin Luther King Day, President's Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Day after Thanksgiving Day, and Christmas Day.
5.2. LESSEE shall provide LESSOR with a monthly schedule designating hours of operation
of the bait shop and a schedule of instruction time to the Department Director by the 15th of each month
for the month following.
6. TERM.
6.l. Term. The Lease term shall commence on the Commencement Date and continue for
three (3) years, (hereinafter referred to as the "Term"). LESSOR and LESSEE may, by mutual consent,
agree to renew this Lease for two (2) additional two (2) year terms by executing a written amendment to
this Lease providing for the equal dignity herewith.
6.2. LESSOR may terminate this Lease at any time upon providing LESSEE with sixty (60)
days written notice. LESSEE will have no obligation to pay any rent, costs, or expenses which may
accrue following the termination ofthe Lease.
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7. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT ("ADA" OR
"ACT") AND OTHER LAWS.
7.1. Should any improvements made by the LESSEE's be determined to require alterations to
bring the Premises into compliance with the Act, LESSEE shall be responsible to perform such alterations
and ensure that its operations are in compliance with the Act and the regulations interpreting the Act
currently in effect or hereafter promulgated. LESSEE shall not use the Premises, or permit anything to be
done in or about the Premises, which shall in any way conflict with any applicable general law, statute,
ordinance or governmental rule or regulation now in force or which may hereafter be enacted or
promulgated.
7.2. LESSEE shall, at its sole cost and expense, throughout the Lease Term, promptly comply
with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force, or
which may hereafter be in force, and with the requirements of any board of fire underwriters or other
similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the
Premises, including any structural changes related to or affected by LESSEE's improvements or acts.
8. MAINTENANCE. REPAIRS. IMPROVEMENTS AND ALTERATIONS.
8.1. LESSEE's taking possession of the Premises shall be conclusive evidence of LESSEE's
acceptance thereof in good, sanitary order, condition and repair, and with no defects of any sort. LESSEE
shall, at LESSEE's sole cost and expense, throughout the Term hereof, keep the Premises in good
condition and repair including maintenance, replacement and repairs, which may be necessary, to keep the
Premises in the condition delivered to LESSEE on the commencement date hereof, ordinary wear and tear
excepted. LESSEE shall promptly make, at LESSEE's sole cost and expense, all repairs in or to the
Premises for which LESSEE is responsible.
8.2. LESSEE will make improvements and repairs which are consistent with the list attached
hereto as Exhibit "B". For the improvements listed in Exhibit "B", the LESSEE will not seek any
reimbursement from the LESSOR. For purposes of this Section, the term "improvement" shall include
any structural, plumbing, or electrical improvements which are part listed on the renovation list as
attached hereto.
8.3. No improvement, alterations or additions shall be made by LESSEE without prior written
consent of LESSOR unless specifically permitted herein, provided, however, LESSOR's consent shall not
be unreasonably withheld. LESSOR may review any and all repairs and improvements proposed to the
Premises which are reasonable and necessary to maintain the current appearance and integrity of the
Premises.
8.4. LESSEE agrees that it shall not create, permit, or suffer the imposition of any lien, charge,
or encumbrance upon the Premises, Building, Property, or any part thereof. LESSEE agrees that it shall
make full and prompt payment of all sums necessary to pay for the costs of repairs, alterations,
improvements, changes, or other work done by LESSEE to the Premises, and further agrees to indemnifY
and hold harmless LESSOR from and against any and all costs and liabilities incurred by LESSEE and
against any and all mechanic's, materialmen's, or laborer's liens arising out of or from any work where
the cost thereof which may be asserted, claimed or charged against the Premises.
8.5. In the event any notice of claim of lien shall be asserted of record against the LESSOR's
interest in the Premises on account of or arising out of any improvement or work done by or for LESSEE,
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or any person claiming by, through or under LESSEE, for improvements or work the cost of which is the
responsibility of LESSEE, LESSEE agrees to have such notice of claim of lien canceled and discharged of
record as a claim against LESSOR's interest in the Premises (either by payment or bond as permitted by
law) within ten (10) days after written notice to LESSEE by LESSOR.
9. ASSIGNMENT AND SUBLETTING.
9.1. LESSEE shall not assign the right of occupancy under this Lease Agreement, or any other
interest therein, or sublet the Premises, or any portion thereof without the prior written consent of
LESSOR.
9.2. Under no circumstances shall the LESSEE mortgage, pledge, encumber, or involuntarily
assign (whether by operation of law, legal process, or otherwise) this Lease, the Premises, or LESSEE's
leasehold estate. In the event of any violation of the preceding sentence, or of any assignment or subletting
not in strict conformance with the provisions of this Section, same shall constitute a breach and default of
this Lease which shall entitle LESSOR to immediately terminate this Lease and exercise all the remedies
provided to LESSOR hereunder, and under applicable Florida law.
10. INSURANCE.
10.1. LESSEE shall provide insurance in the following forms and amounts during the term of
this Lease:
10.1.1. Comprehensive General Liability insurance to cover liability bodily injury and
property damage. Exposures to be covered are: premises, operations, products/completed
operations, and certain contracts. Coverage must be written on an occurrence basis, with the
following limits of liability:
A. General Liability
1. Each Occurrence $1,000,000
2. Annual Aggregate $1,000,000
8. Workers' Compensation - To statutory limits.
10.2. LESSEE shall not occupy the Premises until all insurance required under this paragraph
has been obtained and such insurance has been approved by the LESSOR'S Risk Manager.
10.3. Certificates of Insurance which name the LESSOR as an additional insured, and reflect
evidence of the required insurance shall be filed with the LESSOR's Risk Manager prior to the
commencement of this Agreement. These Certificates shall contain a provision that coverage's afforded
under these policies will not be cancelled until at least forty-five days (45) prior written notice has been
given to the LESSEE. Policies shall be issued by companies authorized to do business pursuant to the
laws of the State of Florida. Financial Ratings must be not less than "B+" in the latest edition of "Best
Key Rating Guide", published by A.M. Best Guide.
10.4. Insurance shall be in force and so long as LESSEE remains in possession of the Premises
or until the obligations required to be fulfilled under the terms of this Lease are satisfied. In the event the
insurance certificate provided indicates that the insurance shall terminate and lapse during the period of
this Lease, then LESSOR shall furnish to LESSEE, at least thirty (30) days prior to the expiration of the
date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the
balance of the period of the contract and extension thereunder is in effect. The LESSEE shall not have
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any obligation to perform under the terms of this contract unless all required insurance remains in full
force and effect.
11. FORCE MAJEURE.
11.1 The obligations of LESSOR herein shall be excused to the extent arising from the lack of
ability of LESSOR, to use the Premises as a result of, or by cause or causes beyond LESSEE's absolute
control which shall include without limitation, all labor disputes, civil commotion, civil disorder, riot, civil
disturbance, war, war-like operations, invasion, rebellion, hostilities, military or usurped power, sabotage,
governmental regulations, orders, moratoriums, or controls, fire or other casualty, or through Acts of God.
12. TAXES.
12.1. LESSOR shall pay, or cause to be paid, before delinquency, any and all taxes levied or
assessed and which become payable during the Term hereof upon the real property where the Premises is
located.
12.2. LESSEE's shall pay, or cause to be paid, before delinquency, any and all taxes levied or
assessed and which become payable during the Term hereof upon leasehold improvements, equipment,
furniture, fixtures, and any other personal property located in the Premises.
13. SURRENDER.
13.1. Upon the expiration of the Lease Term hereof LESSEE shall surrender the Premises to
LESSOR in as good order and condition as they were in at the commencement of the Lease Term except
for ordinary wear and tear.
14. HOLDING OVER.
14.1. If LESSEE remains in possession of the Premises or any part thereof after the expiration of
the Term or any Option Period hereof without the express written consent of LESSOR, such occupancy
shall be a tenancy from month to month at a rental in the amount $1000 per month as the Minimum Rent,
and all other amounts payable hereunder, and subject to all the terms hereof applicable to a month to
month tenancy.
15. ENTRY BY LESSOR.
15.1. LESSOR, or its authorized agent or agents, shall have the right to enter the Premises with a
representative of the LESSEE at all reasonable times to inspect same to insure compliance with the Lease,
to prevent waste, to insure compliance with any applicable State, County and municipal laws or
regulations, and further providing that the business of the LESSEE shall not be interfered with
unreasonably.
16. INDEMNITY.
16.1. LESSEE agrees, represents, warrants and covenants that it shall indemnifY, defend and
hold harmless the LESSOR (provided LESSOR is not negligent and/or is not in default under the terms of
this Agreement) from all suits, actions, damages, liabilities, expenses and attorney's fees and costs in
connection with the LESSEE's use of the Premises, including but not limited to loss of life, bodily or
personal injury, property damage or loss of income arising from or out of any occurrence in, upon or at or
from the Premises, unless caused by the LESSOR's gross negligence or willful misconduct.
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17. LESSEE'S DEFAULT.
17.1. The occurrence of anyone or more of the following events shall constitute a default and
breach of this Lease by LESSEE:
17.1.1. The vacating or abandonment of the Premises by LESSEE for a period of more
than ten (l0) business days.
17.1.2. The failure by LESSEE to observe or perform any of the terms, covenants, or
conditions of this Lease to be observed or performed by LESSEE, where such failure shall
continue for a period of thirty (30) days after written notice thereof by LESSOR to LESSEE;
provided, however, that if the nature of LESSEE's default is such that more than thirty (30) days
are reasonably required for its cure, then LESSEE shall not be deemed to be in default if LESSEE
commences such cure within said thirty (30) day period and thereafter diligently prosecutes such
cure to completion.
1 7.1.3. The Premises come into the hands of any person other than expressly permitted
under this Lease.
17.1.4. The assignment, transfer, mortgage, subletting, encumbrance of this Lease or
execution or attachment thereon by LESSEE or any other party in a manner not expressly
permitted hereunder.
17.1.5. The making by LESSEE of any general assignment or general arrangement for the
benefit of creditors; or the filing by or against LESSEE of a petition to have LESSEE adjudged a
bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy
(unless, in the case of a petition filed against LESSEE, the same is dismissed within sixty (60)
days); or the appointment of a trustee or a receiver to take possession of substantially all of
LESSEE's assets located at the Premises or of LESSEE's interest in this Lease, where possession
is not restored to LESSEE within thirty (30) days; or attachment, execution or other judicial
seizure of substantially all of LESSEE's assets located at the Premises or of LESSEE's interest in
this Lease, where such seizure is not discharged within thirty (30) days.
18. RECONSTRUCTION.
18.1 In the event the Premises are damaged by fire or other perils covered by LESSEE's
insurance coverage, LESSEE must repair the same to the identical condition prior to the damage.
19. EMINENT DOMAIN.
19.1. In the event of any taking or appropriation by any public or quasi-public authority under
the power of eminent domain, or in the event of a conveyance in lieu thereof, LESSEE shall be entitled to
terminate this Lease and be entitled to any and all awards and/or settlements which may be given to
LESSEE as a result of its interest in the Premises
19.2. All compensation awarded for such taking or conveyance, whether for the whole or part of
the premises or otherwise, shall be shared equally by the LESSOR and LESSEE.
20. SIGNS.
20.1. The LESSEE may install and maintain only signs which are of such type, size, color,
location, copy nature and display qualities that are in compliance with all codes, ordinances and
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regulations of any governing body and shall be subject to the approval of the Recreation and Parks
Director. Any such failure to comply with the provisions of this Section shall be deemed a default of this
Lease.
21. GENERAL PROVISIONS.
21.1. No Waiver. No term, covenant, or condition of this Lease shall have been deemed to have
been waived by LESSOR or LESSEE, unless such waiver be in writing and signed by LESSOR or
LESSEE. The rights and remedies created by this Lease are cumulative, and are not intended to be
exclusive. The use of one remedy under this Lease shall not be taken to exclude or waive the right or use
of another, and each party shall be entitled to pursue all remedies generally available under the laws of the
State of Florida.
21.2. Headings. The marginal headings and Section titles set forth in this Lease are not a part of
the Lease and shall have no effect upon the construction or interpretation of any part hereof.
21.3. Time of the Essence. Time is of the essence of this Lease and each and all of its provisions
in which performance is a factor.
21.4. Successors and Assigns. The respective rights and obligations hereunder shall inure to,
and be binding upon, the respective heirs, distributees, devises, legal and personal representatives, assigns,
grantees, and successors in interest of LESSOR, and shall also inure to, and be binding upon, the
permitted assigns and successors in interest of LESSEE.
21.5. Prior Agreements. This Lease Agreement contains all of the agreements of the parties
hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose. No provision of this
Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their
respective successors in interest. This Lease Agreement shall not be effective or binding on any party until
fully executed by both parties hereto.
21.6. Partial invalidity. Any provision of this Lease which shall prove to be invalid, void,
illegal, or otherwise unenforceable, shall be deemed severed from this Lease, and shall in no way affect,
impair or invalidate any other provision hereof and such other provisions shall remain in full force and
effect. This Lease shall be construed without regard to any presumption or other rule requiring
construction against the party causing this Lease to be drafted.
21.7. Choice of Law and Venue. This Lease shall be governed by the laws of the State of
Florida, and venue for any action relating to the terms of this Lease shall be in Circuit Court in and for
Palm Beach County, Florida.
21.8. Attorneys' Fees. In the event that either party shall have to enforce the provisions ofthis
agreement the prevailing party shall be entitled to recover all of its attorneys' fees, including costs of
appeal and any post-judgement proceedings.
21.9. No Partnership or Joint Venture. It is understood and agreed that nothing contained in this
Lease shall be deemed or construed as creating a partnership or joint venture between LESSOR and
LESSEE or between LESSOR and any other party or cause either party to be responsible in any for the
debts or obligations of the other party. This Agreement does not create an employee/employer
relationship between the LESSOR and any of the LESSEE's employees or personnel. It is the intent of
the parties that the LESSEE is a separate and independent entity from the LESSOR and any of the
LESSEE's contractor under this Agreement and not the LESSOR's employee for all purposes, including
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