2002-053 Golf Ball Recovery Concession AgreementRESOLUTION 53-2002
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A KESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORI7_ING AND DIRECTING THE MAYOR AND VILLAGE, CLERK
7'O }~,N"1'ER INTO A CONCESSION AGREEMENT WITH K.C. WHEELER ENTERPRISES,
INC. ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF
SECUKING SERVICES FOR RECOVERY OF GOLF BALLS FROM ALL WATER HA7_AKDS
ON THE VILLAGE GOLF COURSE; AND, PROVIDING FOR AN EFFECTIVE DATE.
BI:1T 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 K.C. Wheeler Enterprises, Inc. 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 24th DAY OF OCTOBER, 2002.
(Village Sealj ~`
~/t(~c YOR
i
ATTEST:
VILLAGE CLERK
CONCESSION AGREEMENT
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1'} IIS CONCESSION AGREEMENT ("Agreement") is entered into this ~ day of
October, 2002, by and between K.C. WHEELER ENTERPRISES, INC., (KCWEI) and VILLAGE
OI~ NORTI-I 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.
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.
In exchange for these rights, KCWEI agrees to provide the VILLAGE:
a) KCWEI shall pay VILLAGE the sum of Fourteen Hundred ($1,400.00)
Dollars, which will be paid in four (4) quarterly par ens Three Hundred
Fifty ($350.00) Dollars starting ro °~ 2002,
KCWEI will pay North Palm Beach Country lub Seven ($.07) Cents for
every ball found over 20,000 balls, excluding practice golf balls.
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. ]f KCWEI fails to make any required payment within fifteen (1 S) 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 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 employers 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.
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 costs of litigation both at the trial and appellate
level.
11. This Agreement constitutes the entire agreement between the parties and supercedes
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.
By: -~
VILLAGE OF NORTH PALM BEACH
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Mayor
E'.((~St:
Village Clerk ~ L%///
VillageAConcession-agree
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