HomeMy WebLinkAboutR-90-43RESOLUTION NO.: R-90-43
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A CONCESSION
AGREEMENT WITH DTF, INC., DENNIS R. FINK AND THERESA L.
FINK, IN A FORM IDENTICAL TO THE CONCESSION AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY
DTF, INC., WOULD OPERATE THE RESTAURANT AND SNACK BAR
IN CONNECTION WITH THE SEBASTIAN MUNICIPAL GOLF COURSE;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council and DTF, Inc. , a Florida
Corporation, Dennis R. Fink and Theresa R. Fink desire to enter
into a Concession Agreement whereby DTF, Inc., would operate the
restaurant and snack bar at the Sebastian Municipal Golf Course
in accordance with the provisions of the proposed Concession
Agreement, a copy of which is attached to this Resolution as
Exhibit "A", and incorporated herein by this reference; and,
WHEREAS, the City Council has reviewed the proposed
Concession Agreement provided to them by city staff, and,
WHEREAS, the City Council has determined that entering into
the proposed Concession Agreement will serve a public and
municipal purpose by providing food and beverage service to the
general public without economic cost or risk to the City, thereby
reducing the City's administrative burden while providing
concession revenue to the City; and
WHEREAS, the City Council has determined that the proposed
Concession Agreement will not cause the City to be unable to
comply
with the terms and covenants of the bond resolutions adopted by
the City Council on the 19th day of November, 1980, and the 29th
day of January, 1981, entitled "Resolution R-80-45" and
"Resolution R-81-3", respectively, nor hinder the ability of the
City to maintain the financial integrity of the golf course
facilities, nor impair the ability of the City to operate the
golf course facilities and collect the gross revenues in the
amounts necessary to comply with all of the terms and covenants
of the Resolution R-80-45 and Resolution R-81-3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor and the City Clerk
of the City of Sebastian, Indian River County, Florida, are
hereby authorized to sign, on behalf of the City, the Concession
Agreement with DTF, Inc., Dennis R. Fink and Theresa L. Fink, a
copy of which is attached to this Resolution as Exhibit "A", and
incorporated herein by this reference.
Section 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of
competent Jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
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remainder of this Resolution without said
unconstitutional provision, thereby causing said
remain in full force and effect.
invalid and
remainder to
Section 4. EFFECTIVE DATE. This Resolution shall
take effect immediately upon its adoption.
The
Councilman
vote, the vote was as follows:
foregoing Resolution was moved for adoption by
The motion was seconded
and, upon being put to a
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed
ATTEST:
Kathryr~/M. O'Italloran, CMC/A~E
City Clerk
(Seal)
CITY OF SEBASTIAN, FLORIDA
Approve/as to Form and Content:
Charles Ian Nash, City Attorney
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CONCESSION AGREEMENT
THIS_CONCESSiON AGREEMENT, made and entered into this
/~day of //D'l~gt , 1990, by and among the CITY OF
SEBASTIAN, FLOriDA, a Florida" mUnicipal corporation located in
Indian River County, Florida (hereinafter referred to as the
"City"), and DTF, INC., a Florida corporation (hereinafter referred
to as "Concessionaire") and DENNIS R. FINK and THERESA L. FINK,
individually, who reside at 201 Plantation Club Drive, No. 1607,
Melbourne, Florida 32940-1970 (hereinafter collectively referred
to as "Guarantors").
WITNESS ETH:
WHEREAS, the City operates a municipal golf course, the
facilities of which include a clubhouse and snack bar; and
WHEREAS, the City desires that a food service concession
be made available within the clubhouse and snack bar facilities to
provide food and refreshments for the better accommodation,
convenience and welfare of the general public using said golf
course; and
WHEREAS, Concessionaire possesses substantial experience
in the food service industry; and
WHEREAS, the City and Concessionaire desire to enter into
an agreement whereby Concessionaire is granted the exclusive right
to provide food services in the clubhouse and snack bar facilities
located on the golf course; and
WHEREAS, Guarantors have a financial interest in
Concessionaire and desire to induce the City to enter into this
Agreement with Concessionaire by providing the guarantees set forth
herein.
NOW, THEREFORE, in consideration of the premises, the
covenants, terms and conditions to be performed as set forth
hereinafter, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto have agreed and do agree as
follows:
1. Llcenss: Subject to the terms and conditions set
forth in this Agreement, the City hereby grants to Concessionaire
an exclusive, nontransferable and personal license to operate a
food service business in the clubhouse and snack bar located on the
City's municipal golf course, as more particularly described in
Exhibit "A" attached hereto and by this reference incorporated
herein (hereinafter referred to as the "Concession Facilities").
2. Term: The~~ ~t.h~is Agreement shall be for three
~3~) yeats commen--~ng on,~~/~/~ /~ , 1990 and ending on
7/~~ /~' , 199'3, Uhless earl'~er Terminated as provided
h~rein (th~ "Term"), So long as Concessionaire is not in default
of any term, condition or covenant provided herein, Concessionaire
shall have the option to renew this Agreement for two (2)
additional one (1) year periods (the "Option Term") by providing
the City with written notice of Concessionaire's decision to
exercise said option no less than sixty (60) days and no more than
ninety (90) days prior to the expiration of the current Term or
Option Term, as the case may be. Following the expiration of the
final Option Term, this Agreement, and the terms, conditions and
obligations provided herein, shall continue in full force and
effect until such time as either party shall elect to terminate
this Agreement. An election to terminate this Agreement shall not
be effective unless the electing party shall give the non-electing
party written notice of such election at least ninety (90) days
prior to the effective date of termination.
3. Concession Fee:
(a) Basic Concession Fee: Concessionaire hereby
agrees to pay the City in return f6'~""the license granted herein,
the basic concession fee of Two Thousand Four Hundred and 00/100
Dollars ($2,400.00) per year, payable in equal monthly installments
of Two Hundred and 00/100 Dollars ($200.Q0) each, og the first day
of each calendar month cOmmencing on ~//~~/~ , 1990
and continuing on each successive month'there~fter for as long as
this Agreement remains in effect.
(b) Adjustments to Basic Concession Fee: At the
end of the first year during the Term hereof, ~nd there'~ffer at the
end of each succeeding year during said Term, the basic concession
fee (and the monthly installments thereof) shall be increased in
an amount equal to the basic concession fee in effect immediately
prior to each such increase multiplied times five percent (5%).
The basic concession fee thereby established by such increase shall
continue in effect as the basic concession fee required to be paid
hereunder until again increased as herein provided. At the end of
the final Option Term as set forth in paragraph 2, the basic
concession fee shall be increased in an amount equal to the basic
concession fee in effect at such time multiplied times ten percent
(10%) and, thereafter, at the end of each succeeding year for as
long as this Agreement remains in effect, the basic concession fee
shall be increased by an amount equal to the basic concession fee
effective at the time of such increase multiplied times five
percent (5%). The basic concession fee thereby established by each
such increase shall continue in effect as the basic concession fee
required to be paid hereunder until again adjusted as herein
provided.
(c) Gross Rg~eipts Percentage Fee: In addition to
the basic concession fee set forth above, Concessionaire shall pay
to the City, on a monthly basis, ten percent (10%) of
Concessionaire's beer, wine and liquor gross receipts (sales less
applicable tax) as determined under and according to the terms set
forth in Paragraph 6(i) of this Agreement.
(d) Additions to Concession Fee: Concessionaire
shall pay, in additiOn to the concession ~ee provided hereinabove,
interest at the rate of two percent (2%) per month on any basic
concession fee due that is not received within five (5) days of its
due date. Concessionaire shall also be required to pay interest
at the rate of two percent (2%) per month of the previous month's
gross liquor receipts for any gross receipts percentage fee which
is not received within ten (10) days of its due date.
4. Use of Equipment: Concessionaire shall be entitled
to use the equipment provided by the City listed on Exhibit "A"
which is attached hereto and incorporated herein by this reference.
Concessionaire shall maintain all equipment used in the operation
of the Concession Facilities, whether such equipment be owned by
the City or by Concessionaire, subject to normal wear and tear.
Concessionaire shall indemnify the City against any loss, theft or
damage of the equipment provided by the City when said loss, theft
or damage is the result of the fault or negligence of
Concessionaire, its employees or agents. Concessionaire shall
promptly repair or replace equipment which is lost, stolen or
damaged within five (5) days of such loss, theft or damage. Upon
the expiration or termination of the Agreement, Concessionaire
shall return to the City all equipment listed on Exhibit "A."
Concessionaire agrees to pay the City an amount equal to the
current replacement price of each item not returned, or returned
in an unserviceable condition, ordinary wear and tear excepted.
In the event of the termination, or upon the expiration, of this
Agreement, the City shall have the first option of purchasing, for
an amount ascertained by negotiations, any or all of the property
belonging to Concessionaire and used by Concessionaire in the
performance of its obligations hereunder, including, but not
limited to, furniture, furnishings, equipment, utensils, food,
beverages and miscellaneous supplies on hand, which option shall
be exercised by the City within thirty (30) days prior to the date
of the termination or expiration of this Agreement. Concessionaire
and the City hereby agree to conduct an inventory of said property
within the first twenty (20) days of said thirty (30) day period.
Concessionaire shall also have the exclusive right to use and to
exercise control over any and all vending machines located in or
about the Concession Facilities which dispense food or beverages.
5. Continuous Operation: Concessionaire shall operate
a food service business in the Concession Facilities seven (7) days
a week, including all holidays, during the normal hours of
operation of the golf course. Concessionaire shall have the option
of opening the Concession Facilities, or remaining open for
business, on those days the golf course is closed due to inclement
weather. Concessionaire shall open the Concession Facilities for
business one-half (1/2) hour prior to the first tee time and close
no earlier than one (1) hour after the course is closed to the
public. Concessionaire shall ensure that food services shall be
available for tournaments, special events and meetings.
Concessionaire shall supply a hospitality cart at such times as
mutually agreed upon by Concessionaire and the City.
6. Operation and Management:
(a) Standards of Operations: Concessionaire shall
operate the Concession Facilities in a businesslike manner
appropriate to the image of a golf course operation. The operation
of the Concession Facilities shall be conducted in an orderly
manner, without unnecessary disruption to the golf course
operations. The City hereby reserves the right to review and give
final approval, through the City Manager or his designee, on all
facets of the operation of the Concession Facilities, including,
but not limited to, decor, entertainment, menu, prices, hours of
operation, parking and employees.
(b) Manager: Concessionaire's president shall be
available during hours of operation and shall act as manager of the
Concession Facilities. If Concessionaire's president shall at any
time be absent from the' Concession Facilities during hours of
operation, Concessionaire shall designate a facilities manager to
act in Concessionaire president's stead.
(c) Employees: Concessionaire shall bear sole
responsibility for the continuous staffing of the Concession
Facilities. Concessionaire shall ensure that sufficient employees
are on hand at all times to provide outstanding service to the
public. Concessionaire shall regulate Concessionaire.s employees
so that they will be courteous and helpful to the public.
Concessionaire shall have the exclusive duty and right to retain
and terminate employees provided, however, that the City shall have
the right to require Concessionaire to replace any employee who is
abusive, under the influence of or who habitually uses alcohol or
drugs, or who is afflicted by diseases, or whose conduct or
appearance otherwise detracts from the Concession Facilities'
reputation and profitability. Concessionaire hereby agrees to give
consideration to hiring three (3) current employees, including one
(1) bartender and two (2) waitress/utility persons, for the
operation of the Concession Facilities.
(d) Menu: Concessionaire shall provide the public
food and drink of a ~]~standard, equivalent in quality and price
to that generally furnished to the public at similar places of
comparable size and scope in the City and surrounding areas.
Prices for all merchandise sold shall be posted in a conspicuous
place on the Concession Facilities. Concessionaire shall also
post, in a conspicuous place on the Concession Facilities, a notice
which identifies Concessionaire as the owner and operator of the
concession. An identical
Concessionaire's menu.
notice shall be included on
(e) Cleaning: Concessionaire shall keep all
fixtures, equipment and personal property which are located in the
Concession Facilities, whether owned by Concessionaire or the City,
in a clean, sanitary and orderly condition at all times, and
conduct the food service operation strictly in accordance with all
applicable rules, regulations and code requirements including, but
not limited to, the Health Department, Indian River County Unit.
Concessionaire shall also be responsible for maintaining the floors
in the kitchen, storeroom and dining areas in a clean and orderly
state. Concessionaire shall be responsible for the storage and
collection of solid waste and shall bear the associated costs
thereof. Concessionaire may, with the City's approval, select a
site on the golf course property for storage of such solid waste.
(f) Compliance: Concessionaire shall comply with
all requirements of any 6f th~ constituted public authorities and
with the terms of any state, federal or local ordinance or
regulation applicable to Concessionaire or Concessionaire's use of
the Concession Facilities., and indemnify, defend and save the City
harmless from penalties, fines, costs or damages resulting from
Concessionaire's failure to so comply.
(g) Alcoholic Beverage License: Concessionaire
shall secure and maintain an llC and an llCX liquor license from
the Florida Department of Business Regulation, Division of
Alcoholic Beverages and Tobacco.
(h) Licenses and Permits: Concessionaire shall be
responsible for and shall secure t~e necessary permits and licenses
required for the operation of the Concession Facilities.
(l) Books and Records: Concessionaire shall
maintain, during the Term of this Agreement, or renewal or
extension thereof, all books, reports and records customarily
maintained in similar type operations. The form of all such
records and reports shall be subject to the approval of the City's
auditors. All sales of beer, wine and liquor shall be recorded by
cash register which shall be read daily before sales begin by the
City's Golf Course Business Manager, unless he or she shall not be
available to do so. The City or its agents may audit or examine
all records relating to Concessionaire.s operation during
Concessionaire's normal business hours. Concessionaire shall
submit to the Golf Course Business Manager a weekly sales report
detailing revenues realized from the sale of beer, wine and liquor.
On or before the tenth (10th) day following the end of each
calendar'month throughout the Term of the Agreement, or renewal or
extension thereof, Concessionaire shall furnish to the City's
Finance Department and Golf Course Business Manager a report of
gross receipts earned on the sale of beer, wine and liquor during
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the preceding calendar month, on forms approved by the City. The
said reports shall be signed by Concessionaire who shall certify
the accuracy of such reports. Monthly gross receipts percentage
fees due pursuant to Paragraph 3(c) of this Agreement shall be paid
with the submission of these reports. Concessionaire shall submit
to the City's Finance Department a quarterly financial report
detailing the beer, wine and liquor purchases and sales occurring
during said period, prepared by a certified public accountant.
Concessionaire shall permit, at any time and at the City's expense,
a report to be prepared and certified by an independent certified
public accountant, as to the correct amount of gross liquor
receipts per month arising from said operation; which shall be
prepared in conformance with the American Institute of Certified
Public Accountants Requirements for "Special Reports."
Concessionaire shall pay all costs associated with said report in
the event that Concessionaire's quarterly report varies by more
than three percent (3%) of the report prepared by the City's
independent certified public accountant. Concessionaire hereby
agrees that it shall keep and preserve for at least three (3) years
all sales slips, cash register tapes, sales books, cash deposit
receipts, bank books or duplicate deposit slips, and other evidence
of gross receipts and business transacted during the Term of this
Agreement, or renewal or extension thereof.
(J) Improvements: Concessionaire shall have the
right to improve the Concessi~h'Facilities, subject to the approval
of the City Manager or his designee. All costs of any improvements
shall be borne by Concessionaire. All improvements made on the
Concession Facilities shall become the property of the City upon
their construction or installation. Major remodeling or expansion
shall be coordinated with the City.
(k) Debts and Obligations: concessionaire shall
pay promptly when due all'bills, debts and" obligations incurred in
connection with the operation of the Concession Facilities,
including social security taxes and withholding for its employees,
and shall not permit such debts or obligations to become delinquent
and shall suffer no lien, mortgage, Judgment, execution or
adjudication in bankruptcy which will in any way impair the rights
of the City under this Agreement.
7. Utilities: Concessionaire shall be responsible for
and shall pay on a monthly basis sixty percent (60%) of the
electricity costs reflected on the electric account for the Club
House building in which the Concession Facilities are located. The
City shall provide water but shall not guarantee its quality.
Should the Indian River County sewer system become available and
should the City connect the Concession Facilities to said system,
Concessionaire shall be responsible for and shall pay a
proportionate share of the monthly service charge, including all
taxes and franchise fees related to said sewer service.
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Concessionaire shall provide, at Concessionaire's sole cost and
expense, extermination and pest control services as needed.
8. Taxes: Concessionaire shall pay, or cause to be paid
before delinquency, any and all taxes levied or assessed which
become payable during the Term of this Agreement, or renewal or
extension thereof upon all Concessionaire's equipment, furniture,
fixtures and any other personal properly located in the Concession
Facilities. In the event any or all of Concessionaire's
improvements, equipment, furniture, fixtures and other personal
property shall be assessed and taxed with the real property,
Concessionaire shall pay to the City its share of such taxes
applicable to Concessionaire's property. Concessionaire shall pay
all sales or use tax relating to the Concession Facilities, and for
any improvements thereon, which might arise or become due during
the Term of this Agreement, or renewal or extension thereof, and
Concessionaire shall indemnify, defend and hold the City harmless
against the same.
9. Insurance:
(a) worker's Com~ensation Insurance:
Concessionaire shall provide an~ keep in force at its own expense
worker's compensation insurance as a required by Florida Statutes.
In the event Concessionaire or the City undertakes to improve or
remodel the Concession Facilities, Concessionaire shall provide and
keep in force at its own expense worker's compensation insurance
on all personnel engaged in such activities and shall require any
and all Subcontractors to provide worker's compensation insurance
for all of said subcontractors' employees who are engaged in such
work, unless such employees are covered by the protection afforded
by Concessionaire's insurance. Concessionaire shall indemnify,
defend and hold the City harmless from any and all claims or
lawsuits resulting from injury to or actions of the employees of
Concessionaire.
(b) ~iability Insurance: Concessionaire shall
provide and keep in force at ConCession~ire.s own expense public
liability and property damage insurance coverage with respect to
the Concession Facilities and all improvements made thereto. The
insurance coverage to be provided by Concessionaire shall contain
limits of not less than $500,000 for injury or death of any one
person and $1,000,000 for injury or death for any one accident,
together with $1,000,000 for damage to property.
(c) Contractual Liability Insurance:
Concessionaire shall provide and keep'in f6rce ~t concess~onalre.s
own expense contractual liability insurance covering all liability
arising out of the terms of this Agreement.
(d) Liquor L~ability Insurance: Concessionaire
shall provide and keep in force at Concessionaire's own expense
liquor liability insurance containing limits of not less than
$1,000,000 per occurrence.
(e) Miscellaneous: Concessionaire shall furnish
certificates of such insurance and copies of insurance policies to
the City Clerk, 1225 Main Street, P. O. Box 780127, Sebastian,
Florida 32978, at least fifteen (15) days prior to the commencement
of operations under this Agreement, and annually thereafter. Said
certificates shall clearly name the City as an additional insured,
and shall contain a clause specifying that the insurance carrier
shall be obligated to advise the City in writing at least thirty
(30) days in advance prior to the cancellation of any coverage.
The City reserves the right to annually review and revise any
policy of insurance required hereinabove, however, any increase in
amounts or types of coverage shall not be unreasonable or
excessive.
10. Indemnity: Concessionaire shall indemnify, defend
and hold the City harmless against and from any and all claims,
costs, damages, judgments, expenses and attorney's fees incurred
by the City arising from Concessionaire's use of the Concession
Facilities or from the conduct of Concessionaire's business or from
any activity, work, other things done, permitted or suffered by
Concessionaire or Concessionaire's employees, guests or lnvitees
in or about the Concession Facilities; from Concessionaire's
failure to comply with any law, rule, regulation or order of any
governmental authority; from any and all claims arising from any
breach or default in the performance of any obligation on
Concessionaire's part to be performed under the terms of this
Agreement; or, from any employee, guest or invitee of
Concessionaire, and, from all costs, attorney's fees and
liabilities incurred in the defense of any such claim or action or
proceeding brought thereon. Concessionaire, as part of the
consideration to the City, hereby assumes all risks of damage to
the property or injury to persons in, upon or about the Concession
Facilities, from any cause other than the city's willful or
intentional acts; and Concessionaire hereby waives all claims in
respect thereof against the City. Concessionaire shall give prompt
notice to the City in case of casualty or accidents in or about the
Concession Facilities.
11. Entry by the City: The City reserves, and shall at
any and all times have, the right to enter the Concession
Facilities to inspect the same. The City also reserves the right,
from time to time, at the City's own expense by its officers,
agents and contractors, to make such renovations, repairs or
changes in, about and to the Concession Facilities, other than
those repairs or improvements undertaken by Concessionaire herein,
as the City deems desirable, including renovation/replacement of
the existing Concession Facilities with new Concession Facilities.
Concessionaire hereby waives any claim for damages or for any
injury or inconvenience to or interference with Concessionaire.s
business during such renovation, repairs or changes; provided,
however, that concession fees shall be abated for any period during
which Concessionaire is prevented from conducting Concessionaire's
business due to such renovations, repairs or changes.
12. Default by Concessionaire: The occurrence of any
of the following ~hall cohstit~te a default by Concessionaire:
(a) Institution by Concessionaire or Guarantors of
a voluntary proceeding in bankruptcy;
(b) Institution of an involuntary proceeding in
bankruptcy against Concessionaire or Guarantors if such proceeding
continues for a period of ninety (90) days;
(c) Assignment by Concessionaire or Guarantors for
the benefit of creditors;
(d) Abandonment of the Concession Facilities which
abandonment shall be Concessionaire's absence from the Concession
Facilities or the cessation of business in said Concession
Facilities for a period of seven (7) days or more; discontinuation
of Concessionaire operations hereunder;
(e) Nonpayment of any sum due hereunder, when such
nonpayment continues for a period of thirty (30) days after the
due date for such payment;
(f) Nonperformance by Concessionaire of any
covenant, term or condition of this Agreement; or any other action
or inaction constituting a breach of this Agreement and the failure
by Concessionaire to cure such nonperformance or breach within
thirty (30) days of receiving a notice to cure from the City;
(g) The conduct of any business or the
merchandising of any product or service by Concessionaire not
specifically authorized herein;
(h) A final Judicial determination that any
litigation instituted by Concessionaire against the City was
groundless or frivolous to the extent that attorney's fees may be
awarded pursuant to Florida Statute Section 57.105;
(i) The lapse, suspension or revocation of any of
Concessionaire's alcoholic beverage licenses, or other license or
permit required to operate the Concession Facilities;
(J) The issuance by the City, pursuant to Paragraph
13 below, of three (3) or more notices of breach within any twelve
(12) month period.
13. Remedies of the City: In the event of any default
as described above or bre~h' by Concessionaire, the City shall
provide written notice to Concessionaire of such default or breach
and the Concessionaire shall have fifteen (15) days within which
to cure such default or breach. In the event Concessionaire fails
to cure said default or breach within said fifteen (15) day period
to the satisfaction of the City, the City may, at any time
thereafter, at its sole discretion, with or without notice or
demand and without limiting the City in the exercise of a right or
remedy which the City may have by reason of such default or breach:
(a) Terminate this Agreement, in which case
Concessionaire shall immediately vacate the Concession Facilities
and the City shall be entitled to recover from Concessionaire all
damages incurred by the City by reason of Concessionaire's default
including, but not limited to, the cost of recovering possession
of the Concession Facilities, necessary costs for the renovation
and alteration of the Concession Facilities and reasonable
attorney's fees;
(b) Pursue all other remedies now or hereinafter
available to the City under the laws or Judicial decisions of the
State of Florida.
14. Conq~ssion~.ire's R.!ght to Terminate: Concessionaire
shall have the right to terminate this Agre~h~ upon thirty (30)
days advance written notice to the City upon the occurrence of any
of the following:
(a) Issuance by a court of competent jurisdiction
of any permanent injunction substantially restricting the use of
the Concession Facilities for commercial purposes when said
injunction remains in force for ninety (90) days or more;
(b) A breach by the City of any of the terms or
conditions of this Agreement and failure by the City to remedy such
breach during a period of thirty (30) days after receipt of written
notice of the existence of such breach;
(c) The assumption by the United States Government
or any agency thereof, or any other governmental agency, of the
operation, control or use of the Concession Facilities or any
substantial part thereof in such a manner as to substantially
restrict Concessionaire's operations for a period of ninety (90)
days or more.
15. Damage to Concession Facilities: In the event that
the Concession Facilities are deS'~oyed"'0r d~ged by fire or other
casualty so as to render the Concession Facilities unfit for their
intended use, this Agreement shall be suspended until such time as
the Concession Facilities are again rendered fit for their intended
use. The City shall be under no obligation to rebuild or repair
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the Concession Facilities in the event they are damaged or
destroyed. In the event the City elects not to rebuild or repair
the Concession Facilities, it shall notify Concessionaire of same
and, upon furnishing such notice, this Agreement shall terminate.
16. Vacation of Concession Facilities: On the
expiration or other ~efminati~h of this Agreement, '~or any reason
whatsoever, Concessionaire shall vacate the Concession Facilities
and shall leave the Concession Facilities in good order, condition
and repair, except for reasonable wear and use thereof.
17. ~ight of Injunctive Relief: In the event of a
breach or threatened breach by any party of any of the covenants
or provisions hereof, the non-breaching party shall have the right
of injunction and the right to invoke any remedy allowed at law or
in equity as if re-entry, summary proceedings and other remedies
were not herein provided for.
18. Rights Not Exclusive: No right or remedy herein
conferred upon or reserved tb any party is intended to be exclusive
of any other right or remedy herein or by law provided but each
shall be cumulative and in addition to every other right or remedy
given herein or now or hereafter existing at law or in equity or
by statute.
19. Right of Assignee of City: The right to pursue the
remedies herein provided against the Concessionaire and to enforce
all of the other provisions of this Agreement may, at the option
of any assignee of this Agreement, be exercised by any assignee of
the city's right, title and interest in this Agreement in its own
name, any statute, rule of court, custom, or practice to the
contrary notwithstanding.
20. Remedies Cumulative: Ail of the remedies
hereinbefore gigen to any pa~ty and all rights and remedies given
to them by law and equity shall be cumulative and concurrent. No
termination of this Agreement or the taking or recovering the
Concession Facilities shall deprive the City of any of its
remedies or actions against Concessionaire or Guarantors for
concession fees or sums due as if there has been no termination;
nor shall the bringing of any action for concession fees or breach
of covenant, or the resort to any other remedy herein provided for
the recovery of concession fees be construed as a waiver of the
right to obtain possession of the Concession Facilities.
21. Attorney's Fees: If any action is commenced to
enforce any term, covenant or condition of this Agreement, the
prevailing party in such action shall be entitled to all costs and
expenses of said action (including reasonable attorney's fees) at
trial and all appellate levels, from the unsuccessful party in said
action.
11
22. Eminent Domain:
(a) If all or any part of the Concession Facilities
shall be taken under a power of eminent domain, the compensation
or proceeds awarded for the taking of the land, the building(s)
and/or improvements on the Concession Facilities shall belong to
the City. Nothing herein shall prevent the City from seeking any
and all damages sustained from the condemning authority by reason
of the exercise of the power of eminent domain.
(b) In the event the condemnation or taking is to such
an extent that it is impracticable for the Concessionaire to
continue operations in the Concession Facilities, this Agreement
shall terminate.
23. identity of Interest: The execution of this
Agreement or the performance'~ any act pursuant to the provisions
hereof shall not be deemed or construed to have the effect of
creating between the City and the Concessionaire the relationship
of principal and agent or of a partnership or of a Joint venture
and the relationship between them shall be and remain only that of
City and Concessionaire.
24. Notices and Reports: Any notice, report, statement,
approval, consent, d~s~'gnati0n,"demand or request to be given and
any option or election to be exercised by a party under the
provisions of this Agreement shall be effective only when made in
writing and delivered (or mailed by registered or certified mail
with postage prepaid) to the other party at the address given
below:
City:
City of Sebastian
Attention: City Manager
P.O. Box 780127
Sebastian, Florida 32978
Concessionaire:
DTF, Inc.
201 Plantation Club Drive, #1607
Melbourne, FL 32940
Guarantors:
Dennis R. and Theresa L. Fink
201 Plantation Club Drive, #1607
Melbourne, FL 32940
provided, however, that any party may designate a different address
from time to time by giving to the other parties notice in writing
of the change. Concession fees to the City shall be made by the
Concessionaire at the address listed above.
25. Nondiscrimination: The Concessionaire for itself,
its personal repr~senta~±~es, successors in interest and assigns,
12
as part of the consideration hereof, does hereby covenant and agree
as a covenant running with the land that (i) no person on the
grounds of religion, gender, age, race, color, or national origin
shall be excluded from participation in, denied the benefits of,
or be otherwise subject to discrimination in the use of the
Concession Facilities; (ii) that in the construction of any
improvements on, over or under the Concession Facilities and the
furnishing of services thereon, no person on the grounds of
religion, gender, age, race, color or national origin shall be
excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination.
26. Headings No Part of Agreement: Any headings
preceding the texf 'bi the several paragraPh~ and subparagraphs
hereof are inserted solely for convenience of reference and shall
not constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
27 Severabil%~y: If a provision of this Agreement is
held inval~d,--~{ is h~reSy agreed that all valid provisions that
are severable from the invalid provision remain in effect. If a
provision in this Agreement is held invalid in one or more of its
applications, the provision remains in effect in all applications.
28. Contains Ail Agreements: It is expressly understood
and agreed by ahd among the parti~hereto that this Agreement,
including the Exhibit, sets forth all the promises, agreements, and
conditions or understandings between the City, Concessionaire and
Guarantors relative to the Concession Facilities, and that there
are no promises, agreements, conditions or understandings, either
oral or written, among them other than are herein set forth. It
is further understood and agreed that, except as herein otherwise
provided, no subsequent alteration, amendment, change or addition
to this Agreement shall be binding upon the City or Concessionaire
unless reduced to writing and signed by them.
29. Assignment: Concessionaire shall not assign
Concessionaire'§ rights and obligations under this Agreement
without the written consent of the City, which may be denied for
any reason by the City.
30. Heirs and Assignees: Ail rights and liabilities
herein given 'to, or imposed upon, the respective parties hereto
shall extend to and bind the several and respective heirs,
executors, administrators, successors and assigns of said parties;
and if there shall be more than one Concessionaire or Guarantor,
they shall all be bound Jointly and severally by the terms,
covenants and agreements herein, and the word "Concessionaire,. or
"Guarantors" shall be deemed and taken to mean each and every
person or party mentioned as a Concessionaire or Guarantor herein,
be the same one or more; and if there shall be more than one
Concessionaire or Guarantor, any notice required or permitted by
13
the terms of this Agreement may be given by or to any one thereof,
and shall have the same force and effect as if given by or to all
thereof. The words "his" and "him" or "its" wherever stated
herein, shall be deemed to refer to the "City," "Concessionaire,"
or "Guarantor" whether such City, Concessionaire, or Guarantor be
singular or plural and irrespective of gender. No rights, however,
shall inure to the benefit of any assignee of Concessionaire unless
the assignment to such assignee has been approved by the City in
writing as aforesaid.
31. Concessionaire Forbidden to Encumber Concession
Facilities: I~'""iS expressly agreed and unders{~d bet~en the
~ar~'ies hereto that nothing in this Agreement shall ever be
construed as empowering Concessionaire to encumber or cause to be
encumbered the Concession Facilities in any manner whatsoever.
In the event that regardless of this prohibition any person
furnishing or claiming to have furnished labor and materials at the
request of Concessionaire, or any person claiming by, through or
under Concessionaire, shall file a lien against the Concession
Facilities, Concessionaire shall, within thirty (30) days after
being notified thereof, cause such lien to be satisfied of record
or cause the Concession Facilities to be released therefrom by the
posting of a bond or other security as prescribed by law, or shall
cause same to be discharged as a lien against the Concession
Facilities by an order of a court having Jurisdiction to discharge
such lien. In the event the lien is not discharged as required
above, the City may advance funds necessary to discharge the lien
and recover any amounts so paid from Concessionaire.
32. FAA ADproval and Regulation: Concessionaire and the
City acknowledge tha~"'thts Agreement maybe subject to approval by
the Federal Aviation Administration ("FAA"). The parties,
therefore, agree that in the event FAA approval is required and the
FAA refuses to either grant its approval or issue a letter of no
objection with respect to this Agreement, the parties shall modify
the terms of this Agreement in the manner and to the extent
necessary in order to obtain the FAA's approval. In the event any
such modification would serve to materially increase the obliga-
tions of a party hereunder, the affected party may terminate this
Agreement upon giving thirty (30) days advance written notice to
the non-affected party.
33. Division of Alcoholic Beverages and Tobacco
Regulation: Concessi0na~re ahd 'the ~ty a~knowle~ge that ih '0rd~
for Concessionaire to secure and maintain the alcoholic beverage
licenses required hereunder, this Agreement must comply with
certain regulations of the Florida Department of Business
Regulation, Division of Alcoholic Beverages and Tobacco. The
parties, therefore, agree that in addition to those rights
previously granted to Concessionaire herein, Concessionaire shall
have access to the entire golf course and all facilities located
thereon to the extent necessary to secure and maintain the required
14
alcoholic beverage licenses. Concessionaire shall also have the
right to refuse to sell alcoholic beverages to patrons of the golf
course, or its facilities, who are not golf course club members or
their nonresident guests. The City hereby agrees to prohibit, on
the golf course and in all facilities located thereon, the
possession or consumption of alcoholic beverages not sold by
Concessionaire.
34. Personal Guaranty:
(a) Guaranty: Guarantors, Jointly and severally, do
hereby guarantee onto the City the full, complete, faithful and
timely performance of each and every of the obligations, covenants
and agreements which Concessionaire is required to do or perform
or cause to be done or performed from and after the execution of
this Agreement and for so long as said Agreement remains in effect
including, but not limited to, the payment of all concession fees
and other sums required to be paid pursuant to this Agreement.
(b) Enforcement: The City shall have the right to proceed
against Concessio~aire without first proceeding against Guarantors,
and shall have the right to proceed against an individual Guarantor
without proceeding against Concessionaire or the other individual
Guarantor, and the City shall, and does have the right to, release
Concessionaire or an individual Guarantor from any and all
liability under this Agreement or under this Paragraph 34 and the
same shall not in any way prejudice the rights of the City against
Concessionaire or the other Guarantor not so released.
(c) Defenses: No defense which Concessionaire or an
individual Guara~'%°r may have with respect to this Agreement
(including, but not limited to, any defense based upon or arising
from any insolvency or bankruptcy or otherwise) shall operate as
a defense with respect to the other Guarantor, the other Guarantor
remaining fully liable hereunder to the City. Nor shall any waiver
by the City of any of the obligations of Concessionaire or the
modification or amendment of this Agreement in any manner by the
City and Concessionaire operate to release Guarantors from any
obligations or liabilities under this Agreement; Guarantors being
bound by, and deemed to consent to, any such waiver, modification
or amendment.
(d) Notice: Guarantors shall be deemed to have notice of
any matter or ~-ing as to which Concessionaire has notice.
Guarantors hereby waive any right to notice of any matter or thing
as to which Concessionaire is not entitled to notice under this
Agreement.
(e) Remedies Cumulative: The rights and remedies of the
City under this Paragrap~ 34 are in addition to and not in lieu of
the City's rights and remedies provided by law or under other
15
provisions of this Agreement in the event of a default by
Concessionaire.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Attest:
Ka~n M. O'Halloran,
CMC/J%AE
City Clerk
CITY OF SEBA~~
V,~-<"q~I. Cony~i,~yor ......
(SEAL)
Approved as to form
C~RLES IAN NASH,
City Attorney
CONCESSIONAIRE:
DTF, INC.
DENNIS R. FINK, President
GUARANTORS:
DENNIS R. FINK
THEI~ESA L. ~INK~-~
16
CONCESSION AGREEMENT
SEBASTIAN MUNICIPAL GOLF COURSE
c,This Concession Agreement, made and entered into tlds ~k~_ day of
~e~luv~., 1994, by and among the City of Sebastian, Florida, a Florida corporation located
in Indian River County, Florida (hereinafter referred to as the 'City'), and DTF, Inc., a
Florida corporation (hereinafter referred to as 'Concessionaire') and Dennis P,. Fink and
Theresa L. Fink, individually, who reside at 1055 Barber Street, Sebastian, Florida 32958
(hereinafter collectively referred to as 'Guarantors').
WITNESSETH:
WHE~, the City operates a municipal golf course, the facilities of wlfich include
a clubhouse and snack bar, and
WHEREAS, fl~e City desires that a food service concession be made available witlfin
the clubhouse and snack bar facilities to provide food and refreslunents for file better
acco:ranodation, convenience and welfare of the general public using said goff course; and
WHEREAS, Concessionaire possesses substantial experience in the food service
industry; and
WHEREAS, tJ~e City and Concessionaire desire to enter into an agreement whereby
Concessionaire is granted the exclusive right to provide food services in the clubhouse and
snack bar facilities located on the golf course; and
WHEREAS, Guarantors have a financial interest in Concessionaire and desire to
induce the City to enter into tiffs Agreement with Concessionaire by providing the
guarantees set forth herein.
NOW, THEREFORE, in consideration of die premises, fl~e covenants, terms and
conditions to be performed as set fortl~ hereinafter, the receipt and sufficiency of wkid~ are
hereby acknowledged, the parties hereto have agreed and do agree as fo[lows:
1. LICENSE:
Subject to d~e terms and conditions set forth in this Agreement, the City hereby grants to
Concessionaire an exclusive, nontransferable and personal license to operate a food service
business in the clubhouse and snack bar located on the City's municipal golf course, as
more particularly described in Exhibit "A' attached hereto and by riffs reference
incorporated herein (hereinafter referred to as the ~Concession Facilities").
B:\GCLEASEWPD P~ge 1
2. TERM:
The term of this Agreement shall/be for five (5) years commencing on
.] ~ , 1994 and ending on NcorE/r~£-,r_> /~ , 1999, unless earlier terminated as
provided herein (the 'Term"). So long as Concessionaire is not in default of any term,
condition or covenant provided herein, Concessionaire shall have the option to renew this
Agreement for one (1) additional five (5) year period (the "Option Term') by providing ti~e
Cit~ with written notice of Concessionaire's decision to exercise said option sixty (60) days
pri~r to the expiration of the current tem~ or option term sixty (60) days, as the case may
be. Following the expiration of the final option term, tiffs Agreement, and the terms,
conditions and obligations prox4ded herein, shall continue in full force and effect until such
time as either party shall elect ~o terminate this Agreement. An election to terminate this
Agreement snail not be effective unless the electing party, shall give the non-electing party
written notice of such election at least sixty (60 days) days prior to the effective date of
termination.
_q. CONCESSION FEE:
(a) Basic concession fee: Concessionaire hereby agrees to pay the
City, in return for the license granted herein, the basic concession fee of fifxeen thousand
($15,000.00) dollars per year ($7.58 per square foot times 1980 square feet), payable in
equal montifly installments of one thousand two hundred and fdty ($ 1,250.00) each, on
ti~e fa. st day of ead~ calendar monfl~ commencing on , 1994 and
continuing on each successive monti~ thereafter for as long as tiffs Agreement remains in
effect. Any pa~nent not received by the first of each month shall be subject to a late fee
of 1.5% of the amount due per month until paid.
(b) A_djustments to basic concession fee: The basic concession fee
shall be adjusted ax the end of each five year temi, for the subsequent term, by the average
of each annual Constuner Price Index (CPI) increase fofall urban consumers for the
southeast region as published by a national financial newspaper, such as the Wall Street
loumal, for the previous five year period. Additionally, ff the City expands the restaurant
area, the basic concession fee shall be increased by ti~e then-current square footage charge
multiplied by the additional square footage of restaurant area added.
(c) Alcoholic beverage ~oss receipts l~ercentage fee:. In addition to
the basic concession fee set forth above, Concessionaire shall pay to the City, on a monti~ly
basis, ten percent (10%) of Concessionaire's alcoholic beverage gross receipts (sales less
sales tax) as determined under and according to the terms set forth in Paragraph 6(i) of
tiffs Agreement.
4. USE OF EQUIPMENT:
Concessionaire shall be entitled to use the equipment proxfded by the City and listed on
Exhibit B which is attached hereto and incorporated herein by this reference.
B:\GCLF~$F~WPD Page 2
Concessionaire shall maintain all equipment used in tl~e operation of the Concession
Facilities, whether such equipment is owned by the City. or by Concessionaire, subject to
normal wear and tear. Concessionaire shall indemnify the City against any loss, theft or
damage of the equipment proxdded by the City when said loss, theft or damage is the result
of the fault or negligence of Concessionaire, its employees or agents. Concessionaire shall
promptly repair or replace equipment wlfich is lost, stolen or damaged witlfin five (5) days
of such loss, theft or damage. Upon the expiration or termination of the Agreement,
Concessionaire shall return to the City all equipment listed on Exlfibit B. Concessionaire
agrees to pay the CiD, an amount equal to the current replacement price of each item not
returned, or returned in an unserviceable condition, ordinary wear and tear excepted. In
the event of the termination, or upon the expiration, of this Agreement, the City shall have
the first option of purchasing, for an amount ascertained by negotiations, any or all of the
property belonging to Concessionaire and used by Concessionaire in the performance of its
obligations hexeunder, including but not limited to, furniture, furnishings, equipment,
utensils, food, beverages and miscellaneous supplies on hand, but not including property
initially supplied by the City or property purchased by Concessionaire to replace property
initially supplied by the City, all of wlfich shall remain the property of the City, which
option shall be exercised by the City within flfirty (30) days prior to the date of the
termination or expiration of this Agreement Concessionaire shall conduct a physical
inventory of all City-owned equipment on September S0 each fiscal year and report same
to the City not later than the tenth ( I O) of October. Concessionaire shall also have the
exclusive right to use and to exercise control over any and all vending maclfines located in
or about the Concession Facilities wltich dispense food or beverages. The City shall be
responsible for all maintenance, repair and replacement of Concession Facilities, such as
but not limited to, air conditioning and heat units and roof except for repairs made
necessary by the .$ault or negligence of Concessionaire, its employees or agents.
Concessionaire shall be responsible for all maintenance, repair and replacement of
operating equipment used in the operation of a food and beverage business.
5. CONTINUOUS OPERATION:
Concessionaire shall operate a food serxdce business in the Concession facilities seven (7)
days a weelq including all holidays except Cl~ristmas, during the normal hours of operation
of the golf course. Concessionaire shall have the option of opening d~e Concession
facilities, or remaining open for business, on those days the golf course is closed due to
inclement weather. Concessionaire shall open the Concession facilities for business one-
half (1/2) hour prior to fl~e first tee ~ne and close no earlier than one ('l) hour after the
course is closed to the public. Concessionaire shall ensure that food services shall be
available for tournaments, special events and meetings. Concessionaire may operate a golf
can. as a hospitality cart at such times and in such a manner as mutually agreed upon by
the Concessionaire and the City, with the fee for use of such cart included in the basic
concession fee.
6. OPEKATION AND MANAGEMENT:
B:\GCI.E~SE.WI~D ?,,ge 3
(a) $!.andards of....pperation: Concessionaire shall operate the
Concession facilities in a businesslike manner appropriate to the image of a golf course
operation. The operation of the Concession facilities shall be conducted in an orderly
manner, without usmecessarv disruption to the golf course operations. The City hereby
reserves the right to review'and give final approval, tkrough the City Manager or his
designee, on all facets of the operation of the Concession facilities, including, but not
limited to, cleanliness, decor, entertainment, menu, prices, hours of operation, parking and
employees.
(b) ~ Concessionaire's president shall be available during
hours of operation and sluall act as manager of the Concession facilities. If Concessionaire's
president shall at any time be absent from the Concession £acilities during hours of
operation, Concessionaire shall designate a facilities manager to act in Concessionaire
president's place.
(c) ~ Concessionaire sluall bear sole responsibility for the
continuous staffing of the Concession facilities. Concessionaire shall ensure that sufficient
employees are on hand at all times to provide outstanding service to the public.
Concessionaire slmll regulate Concessionaire's employees so that they will be courteous and
helpful to the public. Concessionaire shall have the exclusive duty and right to retain and
terminate employees provided, however, that the City shall have the right to require
Concessionaire to replace any employee who is abusive, under the irdluence of or who
habituallv uses alcohol or drugs, or who is afflicted by diseases, or whose conduct or
appearance otherwise detracts from the Concession facilities' reputation and profitability.
Concessionaire hereby agrees to adhere to the City's Drug Free Workplace Policy, Exlfibit
C, in the operation of the Concession facilities.
(d) Menu: Concessionaire shall provide the public with food and
drink of a lfigh standard, equivalent in quality and price to that generally furnished to the
public at sintilar places of comparable size and scope in the City and surrounding areas.
Prices for all food and drink items slmll be posted in a conspicuous place in the Concession
facilities. Concessionaire shall also post, in a conspicuous place in the Concession facilities,
a notice wlfid~ identifies Concessionaire as the owner and operator of the concession. An
identical notice shall be included on Concessionaire's menu.
(e) Cleaningl Concessionaire shall keep all fixtures, .equipment and
personal property wltich are located in the Concession facilities, wliether owned by
Concessionaire or the City, in a clean, sanitary and orderly condition at all times, and
conduct the food service operation strictly in accordance with all applicable rules,
regulations and code requirements including, but not limited to, the Health Department,
Indian River Count3, unit. Concessionaire shall also be responsible for maintaining the
floors of the kitchen, storeroom and dfifing areas in a dean and orderly state. In the event
Concessionai_re violates any Health Deparunent rule or regulation, the City may, at its
option, take any steps it deems appropriate to cure said violation, and Concessionaire shall
reimburse the City for any and all expenses incurred by the City in doing so. Concessionaire
B:\GCLF~$KWPD Page 4
slmll be responsible for the storage and collection of solid waste which costs are included
in the basic concession fee. Concessionaire may, with the concurrence of the City Manager
or Iris designee, select a site on the golf course property for storage of such solid waste.
(f) Compliance with laws: Concessionaire shall comply with all
requirements of any of the duly constituted public authorities and with the terms of any
state, federal or local law, ordinance or regulation applicable to Concessionaire or
Concessionaire's use of the Concession facilities, and indemnify, defend and hold the City
Imrmless from penalties, fines, costs or damages resulting from Concessionaire's failure to
so comply.
(g) Ale0holic beverage license: Concessionaire shall secure and
maintain a SAX liquor license from the Florida Department of Business Regulation,
Division of Alcoholic Beverages and Tobacco. Said license in non-transferable and reverts
to the City upon expiration or termination of the Agreement-
(h) Licens, es and~permit.s.: Concessionaire shall be responsible for
and shall secure the necessary pemiits and licenses required for the operation of the
Concession facilities.
(i) Books and records: Concessionaire shall maintain, during the
Tem~ of this Agreement, or renewal or extension thereof, all books, reports and records
customarily maintained in shnilar type operations. The form of all such records and reports
shall be subject to d~e approval of the Ci ,ty's auditors. The City or its agents may audit or
examine all records relating to Concessionaire's operation during Concessionaire's normal
business hours. On or before the tenth (10th) day following the end of each calendar
month tkroughout the Term of the Agreemgnt, or renewal or extension thereof,
Concessionaire shall furnish to the Cit3;s Finance Deparm~ent and Golf Course Manager
a report of gross receipts earned on the sale of alcoholic beverages during the preceding
calendar month, on forms approved by the City. The said reports shall be signed by
Concessionaire who shall certify the accuracy of sud~ reports. Montlfly gross receipts
percentage fees due pursuant to Paragraph 3 (c) of this Agreement shall be paid with die
submission of these reports. Concessionaire shall submit to die Cit'fs Finance Department
a quarterly financial report detailing the alcoholic beverage purchases and sales occurring
during said period, prepared by a certified public accountant. Concessionaire shall permit,
at any thne and at the City's expense, a report to be prepared and certified by an
independent certified pubhc accountant, as to the correct amount of grois' liquor receipts
per month arising from said operation; wltld~ shall be prepared in eorffonnance with the
American Institute of Certified Public Accountants requirements for "Special Reports."
Concessionaire shall pay all costs associated with said report in the event that
Concessionaire's quarterly report, varies by more than three percent (3%) of the report
prepared by the City's independent certified public accountant. Concessionaire hereby
agrees that it shall keep and preserve for at. least, three (3) years, all books and records of
business activities transacted during the Term of flxis Agreement, or renewal or extension
thereof.
B:\GCLF_~SEW'PD ?~ge 5
(}) hnprovements: Concessionaire shall have the righ~ to improve
the Concession facilities, subject to the approval of the CiD' Manager or his designee. All
costs of any improvements shall be borne by .Concessionaire. All improvements made to
the Concession facilities shall become the property, of the City upon their construction or
installation. Major remodeling or expansion shall be coordinated with the City.
(k) Debts_and obligations: Concessionaire sNall pax, promptly when
due all bills, debts and obligations incurred in connection with the operation of the
Concession facilities, including social security and income tax witkholdings for and from
its employees, and shall not permit such debts or obligations to become delinquent and
sluall suffer no lien, mortgage, judgment, execution or adjudication in bankruptcy whid~ will
in any way, impair the rights of the City under this Agreement-
7. UTILITIES:
Concessionaire shall be responsible for and shall pay all costs associated with pest control
and extermination services. Concessionaire shall be responsible for and shall pay all of its
telephone expenses. Electricity, water, sewer and garbage collection at present levels of
existing service on the date of tl~is Agreement are calculated and included in the basic
concession fee. The City, wlfle providing water, does not guarantee its quality. Should
reasonable quality municipal, County or private water and/or sewer services become
available at the Concession facilities, the Concessionaire shall be required to connect to
said system in accordance with applicable rules, regulations and policies. In the event that
electric, water, sewer or garbage collection shall be separated into individual accounts for
the City and the Concessionaire, the basic concession fee shall be reduced by a mutually
agreed upon amount and Concessionaire shall pay its own utilities expense.
8: TAXES:
Concessionaire shall pax', or cause to be paid before delinquency, any and all taxes levied
or assessed wlfich become payable during the Term of tl6s Agreement, or renewal or
extension thereof, upon all of Concessionaire's equipment, furniture, fix'cures and any other
personal property located in the Concession facilities. In the event any or all of
Concessionaire's improvements, equipment, furniture, fixtures and other personal property
shall be assessed and taxed with the real property, Concessionaire shall pay to the City its
share of such taxes applicable to Concessionaire's property. Concessionaire shall pay all
sales and use taxes relating to the Concession facilities, and for any improoe'ments thereon,
wlfich might arise or become due during the Term of Offs Agreement, or renewal or
extension thereof, aa~d Concessionaire shall indemnify, defend and hold the City harmless
against the same.
9: INSURANCE:
(aX Workers Compensation Insurance: Concessionaire shall
proxdde and keep in force at its own expense such worker's compensation as required by
B:\GC'LE, ASE. WPD P~ge 6
Florida Statutes. In tile event Concessionaire or the City undertakes to i~nprove or remodel
the Concession fa~ilities, Concessionaire sl~ll provide and keep in force as its own expense,
workers compensation insurance on all personnel engaged in sucl~ activities and shall
require any and all subcontractors to provide workers compensation insurance for all of
said subcontractors' employees who are engaged in such work, unless such employees are
covered by the protection afforded by Concessionaire's insurance. Concessionaire shall
indemnify, defend and hold the City lu~dess from any and all claims or lawsuits resulting
from injury to or actions of Concessionaire.
(b) Lia]~iliw Insurance: Concessionaire shall provide and keep in
force, at Concessionaire's owma expense, public liability and property damage insurance
coverage with respect to the Concession facilities and all improvements made thereto. Tlie
insurance coverage to be provided by Concessionaire shall contain limits of not less than
five hundred thousand dolla~ ($500,000.00) for injury or death of any one person and one
million dollars ($1,000,000.00) for injury or death for any one accident, together with one
million dollars ($1,000,000.00) for damage to property.
(c) Contra~ual Liabili~ Insurance: Concessionaire shall provide
and keep iu force at Concessionaire's own expense, contractual liability insurance covering
all liability arising out of the terms of fids Agreement.
(d) Liquo.r_Liabili _fy Insurance: Concessionaire shall provide and
keep in force at Concessionaire's own expense, liquor liability insurance containing limits
of not less than one million dollars ($1,000,000.00) per occurrence.
(e) Miscellaneous: Concessionaire shall furnish certificates of such
insurance and copies of insurance policies to the City Clerk, 1225 Main Street, Sebastian,
Florida 32958, at least fifteen (15) days prior to the commencement of operations under
this Agreement, and a~mually thereafter. Said certificates shaU clearly name the City as an
additional insured, and shall contain a clause specif)dng th.at the insurance carrier shall be
obligated to advise d~e City in writing at least, tl~-ty (30) days in advance prior to the
cancellation of any coverage. The City reserves the right to annually review and revise any
policy of insurance required hereinabove, however any increase in amounts or types of
coverage shall not be unreasonable or excessive.
10. INDEMNITY:
Concessionaire shall indemnify, defend and hold the City harmless against and from any
and all claims, costs, damages, iudgments, expenses and attorney's fees incurred by the
City arising from Concessionaire's use of the Concession facilities or from the conduct of
Concessionaire's business or from any activity, work, other firings done, permitted or
suffered by Concessionaire or Concessionaire's employees, guests or invitees in or about Uae
Concession facilities; from Concessionaire's failure to comply with any law, rule, regulation
or order of any governmental authority; from any and all claims arising from any breach
or default, in the performance of any obligation on Concessionaire's part to be performed
B:\GCLF. ASKWPD Pacde 7
under the terms of tiffs Agreement; or, from an), emplo~vee, guest or invitee of
Concessionaire, and, froan ali costs, attorney's fees and liabilities incurred in the defense of
any such claim or action or proceeding brought thereon. Concessionaire, as part of the
consideration to the City, hereby assmx~es all risks of damage to die property or injury to
persons in, upon or about the Concession facilities, from any cause other than the Ciryas
willful or intentional acts; and Concessionaire hereby waives all claims in respect thereof
against the City,. Concessionaire slmll give prompt notice to the City in case of casualty or
accidents in or about the Concession facilities.
1 1. ENTRY BY THE CITY:
The City reserves, and shall at any and all times have, the right to enter the Concession
facilities to inspect the same. The City also reserves the right, from time to time, at the
City's own expense by its officers, agents and contractors, to make sue_h renovations,
repairs, or dxanges, about and to the Concession facilities, other than those repairs or
improvements undertakea~ by Concessionaire herein, as the City deems desirable, including
renovation/replacement of the existing Concession facilities with new Concession facilities.
Concessionaire hereby waives any claim for damages or for any injury or inconvenience to
or interference with Concessionaire's business during such renovation, repairs or changes;
provided, however, that concession fees shall be abated for any period during wlfich
Concessionaire is prevented from conducting Concessionaire's business due to such
renovations, repairs or dxanges.
12. DEFAULT BY CONCESSIONAIRE:
The occurrence of any of the following shall constitute a default by Concessionaire:
(a) Institution by Concessionaire or Guarantors of a voluntary
proceeding in bankruptcy;
(b) Institution of an involuntary p?oceeding in bankruptcy against
Concessionaire or Guarantors ff sudx proceeding continues for a period of ninety (90) days;
(c) Assig~unent by Concessionaire or Guarantors for the benefit of
(d) Abandonment of the Concession facilities wlfich abandonment
shall be Concessionaire's absence from flxe Concession facilities or the cessation of business
in said Concession facilities for a period of seven (7) days or more; discontinuation of
Concessionaire operations hereunder;
(e) Nonpa~nent of an), stnu due heretmder, when sud~ nonpa~nent
continues for a period of thirty (30) days after the due date for such pa~nent;
(f) Nonperformance by Concessionaire of any covenant, tenn or
B:\GGLF~$KW~D ~=ge 8
condition of Ods Agreement; or any other action or inaction constituting a breach of tiffs
Agreement and the failure by Concessionaire to c~re such nonperfommnce or bread~ within
dfirty (30) days of receiving a notice to cure from the City;
(g) The conduct of any business or the merdmndising of any product
or service by Concessionaire not specifically authorized herein;
(h) A final judicial determination that any litigation instituted by
Concessionaire against the City was groundless or frivolous to the extent that attome?s
fees may be awarded pursuant to Section 57.105, Florida Statutes;
(i) The lapse, suspension or revocation of any of Concessionaire's
alcoholic beverage license, or other license or permit reqtfired to operate the Concession
facilities;
(j) The issuance by the City, pursuant to Paragraph 13 below, of
tiuee (3) or more notices of breach witlzin any twelve (12) month period.
13..REM.EDIE..S O.15 THE CITY:
In the event of any default as described above or breach by Concessionaire, the City shall
provide written notice to Concessionaire of such default or breach and the Concessionaire
shall have fifteen (15) days within which to cure sudx default or breach. In the event
Concessionaire fails to cure said default or breach witlfin said fifteen (15) day period to the
satisfaction of the City, die City may, at any time thereafter, at its sole discretion, with or
without notice or deanand and without ~uiting the City in the exercise of a right or remedy
wlxich ti~e City may have by reason of such default or bread~:
(a) Terminate this Agreement, in whid~ case Concessionaire shall
hmnediatelv vacate the Concession facilities and die CiD' shall be entitled to recover from
Concessionaire all damages incurred b), the City by reason of Concessionaire's default
including, but not lbnited to, die cost of recovering possession of the Concession facilities,
necessary costs for the renovation and alteration of the Concession facilities and reasonable
attorne)~s fees;
(b) Pursue all other remedies now or hereinafter available to the City
under the laws or judicial decisions of the State of Florida.
14. CONCESSIONAIKE'S RIGHT TO TERMINATE:
Concessionaire shall have the right to tenuinate this Agreement upon tl~y (30) days
advance written notice to the City upon the occurrence of any of the following:
(a) issuance by a court of competent jurisdiction of any permanent
injunction substantially restricting the use of the Concession facilities for commercial
B:\GCI.F_~$1~WPD P~ge 9
purposes when said in}unction rmnains in force for ninety (90) days or more;
(b) A breach by the City. of any of the terms or conditions of this
Agreement and failure by the City to remedy such breach during a period of ~ (30)
days after receipt of written notice of the existence of such breach;
(c) The assumption by the United States Government or any
age. nfl thereof, or anv~ other governmental agency, of the operation, control or use of the
Concession facilities or any substantial part thereof in sud~ a maimer as to substantially
restrict Concessionaire's operations for a period of ninety (90) days or more.
15. DAMAGE TO CON,CEs,SION FACILITIES:
In the event that the Concession Facilities are destroyed or damaged by fare or other
casualty so as to render the Concession facilities unfit for their intended use, this
Agreement. shall be suspended until sud~ time as the Concession facilities are again
rendered fit for their intended use. The City shall be under no obligation to rebuild or
repair the Concession Facilities in the event, they are damaged or destroyed. In the event
the City elects not to rebuild or repair the Concession facilities, it shall notify
Concessionaire of same and, upon fumisking such notice, this Agreement shall terminate.
16. VACAT!ON,,OF CONCESSION FACIL.ITIE$.:
On the exTirafion or other termination of this Agreement, for any reason whatsoever,
Concessionaire shall vacate the Concession facilities and shall leave the Concession
facilities in good order, condition and repair, except for reasonable wear and use thereof.
17. RIGHT OF INi .U. NCTIVE RELIEF:
In the event of a bread~ or threatened bread~ by any party of any of the covenants, or
provisions hereof, the non-breadfing party shall have the right of injunction and the right
to invoke any rea~,edy allowed at law or in equity as if re-entry, summary proceedings and
other remedies were not herein provided for.
18. RIGHTS NOT EXCLUSIVE:
No right or remedy herein conferred upon or reserved to any party i~ -intended to be
exclusive of any other right or remedy herein or by law provided but eada shall be
cumulative and in addition to every other right or remedy given herein or now or hereafter
exSsting at law or in equity or by statute.
19. RIGHT OF ASSIGNEE OF CITY:
The fight to pmsue the remedies hereh~ provided agah~st the Concessionaire and to enforce
all of the other provisions of tlfis Agreement may, at the option of any assignee of fids
B:\G;CLF_~SKWPD l~ge 10
Agreement, be exercised by any assignee of the Cir)/s right, tide and interes~ in tids
Agreement h~ its own name, an), statute, rule of court, custom, or prae~ce to ~he contrary
notwithstanding.
20..REMEDIES CUMULATIVE:
All of the remedies hereinbefore g/yen to an)' party and all rights and remedies g/yen to
tl~em by law and equity, shall be cumulative and concurrent. No termination of 'd~is
Agreement or d~e taking or recovering the Concession tidlities shall deprive rJ~e City of any
of its remedies or actions against Concessionaire or Guarantors for concession fees or sums
due as ff d~ere lms been no temonation; nor shall the bringing of any action for concession
fees or breach of covenant, or the resort to any other remedy herein provided for the
recovery of concession fees be construed as a waiver of the right to obtain possession of the
Concession facilities.
21. ATTORNEY'S FEES:
If any action is commenced to erdorce any term, covenant or condition of dxis Agreement,
the pm-vailing party in sudx action shall be entitled to all costs and expenses of said action
(including reasonable attomeyfs fees) at trial and all appellate levels,/rom die unsuccessful
party in said action.
22. EMINENT DOMAIN:
(a) if all or any part of the Concession facilities shall be taken under
a power of emknent domain, the compensation or proceeds awarded for fl~e taking of the
land, the building(s) and/or improvements on the Concession facfilities shall belong to d~e
City. Nothing contained herein shall prevent the City from seeking an]>' and all damages
sustained from the conde~mxing audmrity by reason of d~e exercise of the power of eminent
domain.
(b) In the event fl~e condenmation or taking is to such an extent that
it is hnpraeticable for the Concessionaire to continue operations in d~e Concession facilities,
tlfis Agreement shall tenuinate.
23. IDENTITY OF INTEREST:
The execution of Offs Agreement or the performance of any act pursuant to d~e provisions
hereof shall not be deemed or construed to have the effect of creating between the City and
the Concessionaire, file relationship of prhmipal and agent or of a partnership or of a joint
venture and the relationship between them shall be and remain only that of City and
Concessionaire.
24. NOTICES AND REPORTS:
B:\G~LF. ASEWPD Pa~e 11
Any notice, report, statement, approval, consent, designation, demand or request to be
given and any option or election to be exercised by a party under the provisions of this
agreemem si(ali be effective onlv when made in writing and delivered (or mailed by
registered or certified mail with l~ostage prepaid) to the other party at the address given
below:.
City:
City of Sebastian
Attention: City Manager
1225 Main Street
Sebastian, Florida 32958
Concessionaire:
DTF, Inc.
1055 Barber Street
Sebastian, Florida 32958
Guarantor~:
Dennis tL and Theresa L. Fink
1055 Barber Street
Sebastian, Florida 32958
provided, however, that any party may designate a different address from time to time by
giving to the other parties notice in writing of the d~ange. Concession fees to the City shall
be made by the Concessionaire at the address listed above.
25. NONDISCRIMINATION:
The Concessionaire for itself, its personal representatives, successors in interest and assigns,
as pan of the consideration hereof, does hereby covenant and agree as a covenant mmaing
with fl~e land that (i) no person on the grounds of religion, gender, age, race, color, or
national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subiect to discriJnination da the use of the Concession facilities; (ii) that in the
construction of any improvements on, over or under tl(e Concession facilities and the
furnisking of sen4ces thereon, no person on the grounds of religion, gender, age, race, color
or national origin shall be excluded from participation in, denied fl~e benefits of, or
otherwise be subiected to discrimination.
26. H ..EAD!NGS NO PART OF AGREEMENT:
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of flxis
Agreement nor shall they affect its meaning, construction or effect-
27. sE\rERABIL. ITY;
If a prox,ision of fids Agreement is held invalid, it is hereby agreed flaat all valid provisions
that are severable from the invalid prox'ision remain in effect. If a provision in tiffs
Page 12
B:\GCI.F. ASE. WPD
Agreement is held invalid in one or more of irs appBcations, fl~e provision remains in effect
in all appBcations.
28. CONTAINS ALL AGREEMENTS:
It is expressly undexmood and agreed by and among the parties hereto that this Agreement,
including the Exhibits, sets forfl~ all the promises, agreements, and conditions or
understandings between the City, Concessionaire and Guarantors relative to the
Concession Facilities, and that there are no other promises, agreements, conditions or
understandings, either oral or written, among them other than are herein set forth. It is
furd~er understood and agreed that, except as herein otherwise provided, no subsequent
alteration, amendinent, d~ange or addition to this Agreement shall be binding upon the
City, or Concessionaire unless reduced to writing and signed by them.
29. ASSIGNMENT:
Concessionaire shall not assigm Concessionaire's rights and obligations under tiffs
Agreement without the written consent of the City, wltich may be denied for any reason
by the City.
30. HEIRS AND ASSIGNEES:
All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall
ex-tend to and bind d~e several and respective heirs, executors, achninistrators, successors
and assigns of said parties; and ff there shall be more than one Concessionaire or
Guarantor, they shall all be bound jointly and severally by the terms, covenants and
agreements herein, and the word "Concessionaire' or "Guarantors" shall be deemed and
taken to mean ead~ and every person or party mentioned as.a- Concessionaire or Guarantor
herein, be the same one or more; and ff there shall be more than one Concessionaire or
Guarantor, any notice required or permitted by the terms of Otis Agreement may be given
by or to any one thereof, and shall have the same force and effect as ff given by or to all
thereof. The words "his" and "l~n" or "its' wherever stated herein, shall be deemed to refer
to the "City', "Concessionaire', or "Guarantor" whether such City, Concessionaire, or
Guarantor be singular or plural and irrespective of gender. No rights, however, shall inure
to the benefit of any assignee of Concessionaire unless the assigmnent to gu'ch assignee has
been approved by the City in writing as aforesaid.
31. CONCESSIONAIRE FORBIDDEN TO ENCUMBER CONCESSION FACILITIES:
It is expressly agreed and tmderstood between the parties hereto that notlting in Otis
Agreement shall ever be construed as empowe~ag Concessionaire to encuanber or cause to
be encumbered the Concession facilities in any manner whatsoever. In the event that
regardless of dos prohibition any person furnishing or claiming to have furnished labor and
B:\GCLEA.SF,.WPD Page 13
materials at the request of Concessionaire, or any person claiming by, tkrough or under
Concessionaire, shall f-fie a lien against the Concession facilities, Concessionaire shall,
witkin tltirt3, (30) clays after being notified thereof, cause such lien to be satisfied of reeorcl
or cause the Concession facilities to be released therefrom by the posting of a bond or other
security as prescribed by lag', or shall muse same to be disdmrged as a lien against the
Concession facilities bv an order of a court having }urisdiction to discharge sud~ lien. In
the event the lien is'not disd~arged as required above, the City may advance funds
necessary to discharge the lien and recover any amounts so paid from Concessionaire.
32. FAA APPROyAL 8.,ND REGU.I-AT!.0N:
Concessionaire and the City acknowledge tl~at fids Agreement may be subject to approval
by the Federal Aviation Administration ("FAA'). The parties, therefore, agree that in the
event FAA approval is required and the FAA refuses to either grant its approval or issue a
letter of no objection with respect to this Agreement, the parties shall modify the terms
of this Agreement in the manner and to the extent necessary in order to obtain the FAA's
approval. In the event any sud~ modification would serve to materially increase the
obligations of a party hereunder, the affected party may temxinate this Agreement upon
giving fifixxy (30) days advance notice to the non-affected party.
33. DIVISION OF ALCOH. OL!C BEVERAGES AND T.0BACCO REGULATION:
Concessionaire and the City acknowledge that in order for Concessionaire to secure and
maintain the alcoholic beverage licenses required hereunder, this Agreement must comply
with certain regulations of the Florida Department of Business Regulation, Division of
Alcoholic Beverages and Tobacco. The parties, therefore, agree that in addition to those
tights previously granted to Concessionaire herein, Concessionaire shall have access to the
entire golf course and all facilities located thereon to the extent necessary to secure and
maintain the required alcoholic beverage licenses. Concessionaire shall also have the right
to refuse to sell alcoholic beverages to patrons of the golf c.ourse, or its facilities. The City
hereby agrees to prolfibit, on the golf course and in all facilities located thereon, the
possession or consmnption of alcoholic beverages not sold by Concessionaire.
34. PERSONAL G..U. ARANTY:
(a) Guaranw: Guarantors, jointly and severally, do hereby
guarantee onto the Ciw, the full, complete, faitlfful and ~nely performance of eacl~ and
every of the obligations, covenants and agreements whid~ Concessionaire is required to do
or perfonn or cause to be done or perfom~ed ftom and after the execution of this Agreement
and for so long as said Agreement remains in effect including, but not limited to, the
pay~nent of all concession fees and other stuns required to be paid pursuant to this
Agreement.
(b) Enforcement: The City shall have the right to proceed against
Concessionaire without first proceeding agahast Guarantors, and shall bare the right to
B:\GCLF.~SE.WPD Poge 14
proceed against, an individual Guarantor without proceeding against Concessionaire or the
off,er individual Guarantor, and the city. shall, and does have the right to, release
Concessionaire or an individual Guarantor from any and all Bability under this Agreement
or under fids Paragraph 34 and the same shall not in an), way prejudice the right of the
City. against Concessionaire or the other Guarantor not so released.
(c) Defenses: No defense wlfieh Concessionaire or an individual
Guarantor may have with respect to this Agreement (including, but not limited to, any
defense based'upon or arising from an), insolvency or bankruptcy or oth~wise) shall
operate as a defense with respect to the other Guarantor, the other Guarantor remaining
fully liable hereunder to the city. Nor shall an~v waiver by the City of any of the obligations
of Concessionaire or the modification or amendment of this Agreement in any manner by
the City and Concessionaire operate to release Guarantors from any obligations or liabilities
under this Agreement; Guarantors being bound by, and deemed to consent to, any such
waiver, modification or amendment-
(d) Notice: Guarantors shall be deemed to have notice of any
matter or fixing as to whid~ Concessionaire has notice. Guarantors hereby waive any right
to notice or any matter or tiring as to wldd~ Concessionaire is not entitled to notice under
tlzis Agreement~
(e) ..Remedies Cumulative: The rights and remedies of the City
under this Paragraph 34 are in addition to and not ha lieu of the City's rights and remedies
provided by law or under other provisions of this Agreement in the event of a default by
Concessionaire.
B:\GCLF_ASF~WPD Pc~ge 15
IN Vv'ITNESS VVHEREOF, the parties hereto lmve set their lmncls and seals 'd~e day
and year first above written.
KatluTn M. O'Halloran,
Arthur L. Firtion, Mayor
CMC/AAE
City Clerk
(SEAL)
Approved as to fonn
and content:
Clifton A. McClelland ir,
City Attorney
CONCESSIONAIRE:
DTF, INC.
Dmmis R. Fi{~k, President
GUARANTORS:
Dennis iL Fink
Theresa L. Fink
B:\G~I,FASKWPD
Poge 16
RE~ r
7~ io
sm
~40 " "
-~ 7o
GOLF COURSE RESTAURANT
APPENDIX A
HICROWAVE OVEN
S1EAnIABLE
]CEMAKER
I10! DOG SIEAHER
REFRIGERATOR
SAIIDWI£11 TABLE
ZENITII TELEVISION
CASll REGISlER
MOBILE BEER COOLER
REFRIGERAiDR
HEAT SLICER
SIOVE HOOD FAN
ICE BIN
IRAULSEN FREEZER
lABLES AND CIIAIRS
POIS/PANS- tI~ltE~
PICNIC TABLES
TWO KEG BEER COOLER
BOTTLE COOLER
BAR SINK
COUNIER TOP ELECTRIC
COUNIER lOP ELECTRIC
BLENDER
REVISED JAN., 199q
EOUIPMENT
GRILL
FRYER
INVENTORY
GOLF COURSE RESTAURANT/CONCESSION LEASE WORKSHEET
~0POSED RENT:
SQUARE
FEET
tRESTAURANT 990
KITCHEN 5401
STORAGE 70
1/2 RESTROOMS 249
1/2 HALLWAY 132
TOTAL SQ. FT. 198~1
RATE
ANNUAL RENT
ROUNDING
TOTALRENT
$7.57
$14,996.17
3.83
$1,5,ooo.oo
'CURRENT FEES
MONTHLY RENT
$232 PER MONTH
10% LIQUOR SALES
COMMISSION
UTILITIES AT
APPROX. ,$900 mo.
60% OF TOTAL
$2,784.00
6,500.00
10,800.00
TOTAL
DIFFERENCE
UTILITIES AT 1/3
OR 33.3% OF
TOTAL
$5,994.00
(s5,o84.oo)
$910.00