Fort Walton Beach Council agenda — 01-09-2007 workshop agenda — reading text

1~ 4. Financial Oblieations Section 3: Financial Obligations is hereby amended to change the monthly compensation paid to Contractorftom $ 1500 to $ 2500. 5. Operatine Expenses Section 7: B. Contractor' s Obligations is amended to add the following: 11. Daily refastening of windscreens as required. 6. Entire Aereement This Amendment, read together with the September 26, 2001, Tennis Center Contractor Agreement represents the entire agreement between the City and Contractor. b/~ 3 2004 Swedish American Co I By: b This document was executed before me, the undersigned notary, on the his day eJ.? of ~ 2004, Ale...- . by Erik Stenberg, in representative capacity as President of Swedish American Connection, Inc., who personally appeared and who is personally known to me or has prpduced identification: F/bnob j A:JhvfJ -' hI"RA.lr~) 4)~<'.4! f~. Dixie D, MacDonald o~ A:::'~' f.'" 1[: MY COMMISSION # DD251439. EXPIRES October 1 S, 2007 P.r.,i\-: BONDED THRU TROY FAIN INSUIANC~ INt Notary 2004 City of Fort Walton Beach Dated J BY:~~ Art{4 ,C.."~ ClerP City Joyce Shanahan City Manager 2.  This document was executed before me, the undersigned authority, on theo2t::.. day of -::JU" Alr', 2004, by Joyce Shanahan and Helen Spencer, in their representative capacity as the City Manager and the City Clerk, who personally appeared, did execute this instrument in the name ofthe City of Fort Watton Beach, Florida, and are personally known to me. ot Public A~~~ tJ Prepared, approved as to form and legal fM..... fiA::.' Dixie D. MacDonald sufficiency by: f:~" Ftf~ MVCOMMISSION# t!;;,' DD251439 EXPIRES f 1.. October 15, 2007 1,~ F/A.~., BONDED THRU TROY FAIN INSURANCE INe:. I" lill~" Toni Craig Teal Fla. Bar No 0115444 151 Mary Esther Blvd Ste 408 Mary Esther FL 32569 Attorney for City of Fort Walton Beach 3-  CITY OF FORT WALTON BEACH, FLORIDA TENNIS CENTER CONTRACTOR AGREEMENT TillS AGREEMENT, made and entered into by and between the CITY OF FORT WALTON BEACH, a municipal corporation of the State of Florida, Post Office Box 4009, Fort Walton Beach, FL 32549, hereinafter referred to as " CITY", and SWEDISH AMERICAN CONNECTION, INC., Mr. Erik Stenberg, owner, 808 Dawn Lane, Destin, FL 32541, hereinafter referred to as " CONTRACTOR". WITNESSETH: SECTION 1: PREMISES A. The " CITY" owns the Municipal Tennis Center, hereinafter referred to as the " Tennis Center Complex". In consideration of the covenants, conditions, agreements and stipulations provided in the following, the " CITY" desires to grant this exclusive right to the " CONTRACTOR" to administer the Tennis Center operations at the Tennis Center Complex, and to sell related equipment, food and drink at the Tennis Center Complex. B. The " CONTRACTOR" shall not use the Tennis Center Complex for any unlawful purpose and shall comply with all laws and permitting requirements now in force or hereafter adopted, applicable to the Tennis Center Complex or the business conducted at the Tennis Center Complex. The " CONTRACTOR" agrees not to use the Tennis Center Complex for, or to permit the operation of any offensive nuisance or anything against public policy, or operate in any way that will injure or disturb the reputation of the " CITY". The CONTRACTOR" shall take appropriate precautions to prevent fire at the Tennis Center Complex, maintaining necessary fire detection devices and extinguishing equipment in an operating condition at all times. 1 C. CONDITION OF TENNIS CENTER COMPLEX. Taking possession of the Tennis Center Complex by the " CONTRACTOR" shall constitute acknowledgement that the Tennis Center Complex is in good condition. The " CONTRACTOR" shall accept the Tennis Center Complex in the presently existing condition, and the " CITY" shall not be required to make any alterations to the Tennis Center Complex. D. TENNIS CENTER COMPLEX TO BE KEPT CLEAN. The " CONTRACTOR" shall keep the Tennis Center Complex in a clean and sanitary condition at all times. The CONTRACTOR" shall store all trash in the containers provided for that purpose. The CITY" shall provide and pay for the removal of all trash at the Tennis Center Complex at least two ( 2) times per week. E. REP AIR AND MAINTENANCE OF TENNIS CENTER COMPLEX. The " CITY" agrees to maintain the Tennis Center Complex and assign park staff to maintain the grounds. The " CONTRACTOR" shall provide janitorial services for the Tennis Center building and pick up litter throughout the Complex on a daily basis during the entire tenn of this lease agreement. F. CAPITAL IMPROVEMENTS. No changes, alterations or improvements will be made by the " CONTRACTOR" to the Tennis Center Complex without written permission of the CITY" . G. MAINTENANCE OF EQUIPMENT. The " CONTRACTOR" shall maintain all equipment in good working condition at all times, at the " CONTRACTOR' S" own expense, for the operation of the Tennis Center Complex. The " CONTRACTOR" shall be responsible for replacing, with the exception of reasonable wear and tear, any equipment of the " CITY" that becomes missing, damaged beyond repair, or too unsanitary for use; the 2  CONTRACTOR" shall replace all equipment that the " CONTRACTOR" is required to provide under this lease agreement, if it becomes unfit for use. H. Th1PROVEMENTS AS PROPERTY OF CITY. All alterations and additions to the Tennis Center Complex shall remain at the Tennis Center Complex and become the property of the " CITY" on the termination of this lease agreement. 1. PARTIAL DESTRUCTION OF TENNIS CENTER COI\.1PLEX. If at any time during the term of this lease agreement the Tennis Center Complex is damaged by fire, act of nature or other causes to the extent that continued use of the Tennis Center Complex is not feasible, the " CONTRACTOR" may, on written notice to the " CITY" delivered within thirty ( 30) days after the damage has occurred, tenninate this lease agreement without liability of the " CONTRACTOR" to the " CITY" except for the payment of fees accrued to the date of such termination. If the " CONTRACTOR" does not elect to tenninate this lease agreement, the " CITY" may, with due diligence, restore the Tennis Center Complex to operative conditions, but the " CITY" shall not be obligated under this provision to expend on such restoration more than the proceeds of any insurance received by it on account of such damage. The " CITY" shall not be responsible for any profits lost by the CONTRACTOR" due to partial destruction of the Tennis Center Complex and a pro- rata adjustment shall be made as to the " CONTRACTOR' S" guaranteed compensation amount for the period service to the public is interrupted. J. RIGHT TO ACCESS. The " CITY" shall have access to the Tennis Center Complex, and to each part thereof at any time. The " CITY" reserves the right to utilize the property surrounding the Tennis Complex and parking lot for other recreational purposes. 3 SECTION 2: TERM AND COMMENCE:MENT DATE A. The term of this lease agreement shall be for a period of three ( 3) years, commencing on the first day of October, 2001, and ending at midnight on the 30th day of September, 2004. The term of this lease agreement is subject to the option to renew in subsection B and to sooner terminate as provided below. B. ' Fhe " CONTRACTOR" will have the option to extend the term of this lease agreement at the end of the three ( 3) year period set forth above, for one additional three ( 3) year option period with terms and conditions to be negotiated between the " CONTRACTOR" and the " CITY". If an agreement cannot be reached one hundred twenty days prior to the expiration of this lease agreement, the " CITY" may pursue other alternatives for providing these services. C. If the " CONTRACTOR" holds over after the expiration of the term of this lease agreement with the express or implied consent of the " CITY", the holding over shall be deemed to be month- to- month tenancy at the fee stated in this lease agreement and otherwise subject to the terms of this lease agreement. This section is subject to the option to renew in paragraph (B). SECTION 3: FINANCIAL OBLIGATIONS A. COMPENSATION. The " CITY" shall pay the " CONTRACTOR" $ 1, 500 per month on the last Friday of each month of this lease agreement, provided the " CONTRACTOR" is not in default of the terms of this lease agreement. The " CONTRACTOR" has agreed to pay