HomeMy WebLinkAbout2001-028 Golf Ball Retrieval Agreement•
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RESOLUTION 28-2001
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 EAST COAST GOLF
BALL COMPANY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE
PURPOSE OF SECURING SERVICES FOR RECOVERY OF GOLF BALLS FROM ALL
WATER HAZARDS ON THE VILLAGE GOLF COURSE; AND, PROVIDING FOR AN
EFFECTIVE DATE.
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 with East Coast Golf Ball Company attached
as Exhibit "A", which agreement is for the purpose of securing services for recovery of golf
balls from all water hazards on the Village golf course.
Section 2. The Village Council does hereby authorize and direct the Mayor and
Village Clerk to execute the concession agreement 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 8th DAY OF MARCH, 2001.
(Village Seal)
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I VILLAGE CLERK
CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT ("Agreement") is entered into this 8th day of
March . 2001, by and between EAST COAST GOLF BALL COMPANY (EAST
COAST) and VILLAGE OF NORTH PALM BEACH (VILLAGE), a municipal corporation, the
owner and operator of the North Palm Beach Country Club Golf Course located at 951 U. S.
Highway One, North Palm Beach, Florida 33408.
1. During the term of this Agreement, VILLAGE hereby grants to EAST COAST the
sole and exclusive rights to recover golf balls from all water hazards on the golf
course. EAST COAST shall exercise its rights under this concession Agreement so
as not to interfere with golfers and golf course employees.
2. In exchange for these rights, EAST COAST agrees to provide the VILLAGE:
a) EAST COAST shall pay VILLAGE $.08 for every golf ball
retrieved. Payment will be made within two (2) weeks after each dive.
3. The term of this Agreement ("Term") shall be one (1) year commencing at the date
of this Agreement unless earlier terminated as hereinafter provided in this
Agreement.
4. Either party to this Agreement may terminate the Concession Agreement with or
without cause upon thirty (30) days written notice to the other. If this Agreement is
terminated by either party, then VILLAGE shall be paid for golf ball retrievals to the
date of termination.
5. If EAST COAST fails to make any required payment within fifteen (15) days from
the due date, the same shall constitute a default and VILLAGE, at its discretion, shall
have the right to immediately terminate the contract and exercise any and all other
rights and remedies available to it by law.
6. This contract is not assignable by EAST COAST.
7. EAST COAST shall maintain and provide the VILLAGE with evidence of workers'
compensation insurance providing Florida statutory limits to cover all employees and
include employers liability coverage with limits of not less than $500,000.00 per
accident or disease. The policy shall also provide the VILLAGE with a thirty (30)
day written notice of cancellation or non -renewal.
8. EAST COAST shall maintain and provide the VILLAGE with evidence of
commercial general liability insurance and property damage insurance in an amount
not less than $1,000,000.00. The policy shall also provide the VILLAGE with a
thirty (30) day written notice of cancellation or non -renewal and include the
VILLAGE as an additional insured.
9. EAST COAST agrees to indemnify and save and hold VILLAGE harmless at all
times during the effective date of this Agreement against and in respect of all
liabilities, claims, damages, deficiencies, actions, proceedings, judgments, costs and
expenses, including a reasonable attorney's fee at the trial and appellate level incident
to or as a result of EAST COAST's conduct of business under this concession
Agreement.
10. In any litigation between the parties in regards to this agreement, the prevailing party
in such litigation shall be entitled to recover from the non -prevailing party a
reasonable attorney's fees and all costs of litigation both at the trial and appellate
level.
11.. This Agreement constitutes the entire agreement between the parties and supersedes
all prior agreements, written or oral, with respect to the subject matter of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
above written.
EAST COAST GOLF BALL COMPANY VILLAGE OF NORTH PALM BEACH
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\village\eastcoas.1
Attest:
.Village Clerk