2007-036 Golf Ball Concession AgreementRESOLUTION 2007-36
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A CONCESSION
AGREEMENT WITH K.C. WHEELER ENTERPRISES, INC. FOR GOLF
BALL RETRIEVAL AT THE NORTH PALM BEACH COUNTRY CLUB AND
AUTHORIZING THE MAYOR TO EXECUTE SAME; AND PROVIDING
FOR AN EFFECTIVE DATE.
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WHEREAS, the Village wishes to enter into an Concession Agreement with K.C. Wheeler
Enterprises, Inc.("KCWEI") whereby KCWEI would be granted the sole and exclusive right to
recover golf balls from all water hazards on the Country Club Golf Course in exchange for
certain payments to the Village as set forth in the agreement; and
WHEREAS, the Village Council determines that the execution of the Concession Agreement is
in the best interests of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby
approves a Concession Agreement with K.C. Wheeler Enterprises, Inc. for the recovery of golf
balls at the Country Club Golf Course, a copy of which is attached hereto as Exhibit "A" and
incorporated herein, and authorizes the Mayor to execute the Agreement on behalf of the Village.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 8th DAY OF MA]
(Village Seal}
ATTEST:
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VILLAGE CLERK
CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT ("Agreement") is entered into this day of March, 2007, by
and between K.C. WHEELER ENTERPRISES, INC., (KCWEI), a Florida Corporation located at
P.O. Box 31447, Palm Beach Gardens, FL 33420, and the VILLAGE OF NORTH PALM BEACH
(VILLAGE), a municipal corporation, the owner operator of the North Palm Beach Country Club
Golf Course located at 951 U.S. Highway One, North Palm Beach, Florida 33408.
During the term of this Agreement, VILLAGE hereby grants to KCWEI the sole
and exclusive rights to recover golf balls from all water hazards on the golf course.
KCWEI 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, KCWEI agrees to provide the VILLAGE:
a) KCWEI shall pay VILLAGE the sum of Two Thousand, Two Hundred, and
Fifty Dollars ($2,250.00), which will be paid in three (3) payments of $450.00
on March 1, 2007, $900.00 on May 1, 2007, and $900.00 on July 1, 2007.
b) KCWEI will also pay the VILLAGE thru the North Palm Beach Country Club
Seven Cents ($0.07) for every ball found over twenty thousand (20,000) balls,
excluding practice golf balls. Payment for every ball found over twenty
thousand (20,000) balls shall be paid by KCWEI every thirty (30) days after the
twenty thousand (20,000) balls are found.
3. The term of this AGREEMENT ("Term") shall be one (1) year commencing October
1, 2006, and terminating September 30, 2007, 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 KCWEI 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 this Agreement and exercise any and all other remedies
available to it by law.
6. This Agreement is not assignable by KCWEI.
7. KCWEI shall maintain and provide the VILLAGE with evidence of Workers'
Compensation insurance providing Florida statutory limits to cover all employees and
include Employer's liability coverage with limits of not less than $500,000.00 per
accident or disease. The policy shall also provide the VILLAGE with thirty (30) day
written notice of cancellation or non-renewal.
8. KCWEI 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. KCWEI 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
KCWEI'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 cost of litigation both at the trial and appellate level.
11. Failure of a party to enforce or exercise any of its right(s) under this Agreement shall
not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any
time thereafter. This Agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm
Beach County.
12. All notices required in this Agreement shall be hand-delivered and/or sent via U.S.
Mail to the addresses appearing on the first page of this Agreement.
13. 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.
K.C. WHEELER ENTERPRISES, INC. VILLAGE OF NORTH PALM BEACH
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