1995-045 Golf Ball Retrieval Agreement~J
RESOLUTION N0. 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
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Exhibit "A" for and on behalf of the Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately upon
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its adoption.
PASSED AND ADOPTED THIS 28TH DAY OF
1995.
(Village Seal)
VILLAGE CLERK
SEPTEMBER
OR
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('ONCESSION 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 refereed to as "SSG"and VILLAGE OF NORTH PALM BEACH,
a municipal corporation, hereinafter refereed 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 ageed as follows:
1. Concession. Village hereby gents 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 gaoled 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 gaoled to SSG in paragaph I,
SSG agees to pay to Village the sum of THREE THOUSAND FIVE HUNDRED ($3,500.00)
DOLLARS as concession fee upon full execution of this ageement.
3. Term of Agcement. The term of this Ageement 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. n r .During the term of this Ageement, 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 (5100,000.00) 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 Agcement on behalf of SSG at North Palm Beach Country Club.
5. Indemnification. SSG does hereby agee 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 contrail. 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.
6. N~ric? nr ["ommulllCation. 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: (b) If to Village:
Sport Supply Group, Inc. Village of North Palm Beach
1901 Diplomat Drive Village Hall
Farmers Branch, TX 75234 501 U.S. I~Gghway One
Attn: Peter Blumenfeld 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 Vdlage exercises its rights of
termination, Vdlage 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. Entire 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
maybe waived only by a written instrument signed by the parties or, in case of a waiver, by the
party waiving compliance.
11. Counteroarts. This agreement maybe 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.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 29th day of
' September , 1995.
SPORT SUPPLY GROUP, INC. VILLAGE OF NORTH PALM BEACH
By: ~. K~ By:
chael L. Kovar syor
Vice President
ATTEST:
Village Clerk
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