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HomeMy WebLinkAbout1995-045 Golf Ball Retrieval Agreement1 1 1 RESOLUTION NO. 45-95 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A CONCESSION AGREEMENT WITH SPORT SUPPLY GROUP, INC., A DELAWARE CORPORATION, WHICH AGREEMENT IS FOR GOLF BALL RETRIEVAL AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE,; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of North Palm Beach, Florida, is desirous of entering into a Concession Agreement with Sport Supply Group, Inc., a Delaware corporation, which Agreement is for golf ball retrieval at the North Palm Beach Country Club Golf Course. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Concession Agreement attached as Exhibit "A" with Sport Supply Group, Inc., a Delaware corporation, for the purpose of golf ball retrieval at the North Palm Beach Country Club Golf Course. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Concession Agreement attached as 1 Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 28TH 1995. (Village Seal) ATTE 1 VILLAGE CLERK DAY OF SEPTEMBER 1 1 1 CONCESSION AGREEMENT THIS CONCESSION AGREEMENT is made and entered into this 29th day of September 1995, by and between SPORT SUPPLY GROUP, INC., A DELAWARE CORPORATION, hereinafter referred to as "SSG"and VILLAGE OF NORTH PALM BEACH, a municipal corporation, hereinafter referred to as "Village." In consideration of the mutual promises herin contained and for other good and valuable considerations acknowledged respectively by the parties, it is agreed as follows: 1. Concession. Village hereby grants to SSG the sole and exclusive right to recover golf balls from all water hazards on the golf course owned by the Village of North Palm Beach. SSG is not granted a concession nor shall have the right to recover golf balls from the Intracoastal waterway or navigable canal that borders the North Palm Beach Golf Course on the north and west respectively. 2. Compensation. In exchange for the concession rights granted to SSG in paragraph I, SSG agrees to pay to Village the sum of THREE THOUSAND FIVE HUNDRED ($3,500.00) DOLLARS as concession fee upon full execution of this agreement. 3. Term of Agreement. The term of this Agreement will be for a one (1) year period commencing the 1st day of October , 1995 and expiring on the 30th day of September , 1996. 4. Insurance. During the term of this Agreement, SSG shall keep and maintain liability and property damage insurance for its concession written by a company acceptable to the Village in amount no less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS per person and THREE HUNDRED THOUSAND ($300,000.00) DOLLARS per occurance. The Village shall be named insured and a copy of valid insurance certificate shall be filed with the Village Clerk at all times. SSG shall maintain Worker's Compensation Insurance on all of its employees who perform the Agreement on behalf of SSG at North Palm Beach Country Club. 5. Indemnification. SSG does hereby agree to indemnify and save and hold the Village harmless from any and all liabilities and loss related to SSG's performance of this Concession Agreement at North Palm Beach Golf Course by its employees, agents and other persons, firms or corporations assisting in performance of the contract. The indemnification shall include, but not be limited to, all court costs and a reasonable attorney's fee both at the trial and appellate level. 1 1 6. Notice or Communication. Any notice or other communication required or permitted hereunder shall be in writing and shall be delivered personally or by a recognized courier service, or sent by certified or registered mail, postage prepaid. Any such notice shall be deemed given and received (whether actually received or not) on the day it is delivered personally or delivered by a recognized courier service as foresaid, or , if mailed by certified or registered mail, four (4) days after the date of deposit in the United States mails, as follows: (a) If to SSG: Sport Supply Group, Inc. 1901 Diplomat Drive Fanners Branch, TX 75234 Attn: Peter Blumenfeld (b) If to Village: Village of North Palm Beach Village Hall 501 U.S. highway One North Palm Beach, FL 33408 Attn: Dennis W. Kelly Village Manager Any party may by notice given in accordance with this Section to the other party designate another address or person for receipt of notices hereunder. 7. Assignment. SSG shall not have the right to assign or otherwise transfer this Agreement without prior written consent of Village, which consent shall be in the sole discretion of Village. 8. Termination. During the term of the Agreement, Village shall have the right to terminate SSG with or without cause; provided, however, if Village exercises its rights of termination, Village shall rebate to SSG a pro rata share of compensation paid Village based upon the time remaining from date of termination to the normal date of expiration of the Agreement. 9. Independent Contractor. The parties are entering into this specific Agreement with the specific intent and understanding that Gold Eagle is an independent contractor and shall perform all the duties hereunder in such capacity and not as an employee of the Village of North Palm Beach. Nothing contained within this Agreement is intended nor shall it be construed to make SSG an employee of the Village for any purpose. 10. Pntire Ageement. This agreement constitutes the entire agreement among the parties, and supersedes all prior agreements, written or oral, with respect to the subject matter of this Agreement. This agreement may be amended, superseded, or cancelled, and the terms hereof may be waived only by a written instrument signed by the parties or, in case of a waiver, by the party waiving compliance. 11. Counterparts. This agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this September , 1995. 29th day of SPORT SUPPLY GROUP, INC. VILLAGE OF NORTH PALM BEACH By: t/ Y ljJ 2. / nt. - MJchael L. Kovar Vice President 1 By: yor ATTEST: Village Clerk