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AGREEMENT FOR TERMINATION OF FOOD CONCESSION SERVICES AND
LEASE
BETWEEN INDIAN RIVER COUNTY AND APRIL NORMAN
THIS AGREEMENT For Termination of Food Concession Services and Lease and (the
"Agreement") is entered into by and between April Norman, a sole proprietor, ("Norman"), 1455
90th Avenue, #303, Vero Beach, FL 32966 and Indian River County, a political subdivision of
the State of Florida, 1801 27th Street, Vero Beach, FL 32960, (the "County") as of the date set
forth below as the effective date (the "Effective Date"),
BACKGROUND FACTS
WHEREAS, Norman and the County entered into an Agreement for Food Concession
Services and Lease at the Sandridge Golf Club on October 1, 2007; and
WHEREAS, the County is the owner of Sandridge Golf Club, 5300 73rd Street, Vero
Beach, Florida, 32967 (the "Course") and desires to terminate the Agreement with Norman to
provide services to the County effective March 31, 2010; and
WHEREAS, Norman also desires to terminate the Agreement with the County as
Concessionaire at Sandridge Golf Club effective March 31, 2010; and
WHEREAS, Norman and the County's contact information regarding the termination of
the Agreement is:
FOR COUNTY:
Indian River County
c/o Bob Komarinetz, Director
Sandridge Golf Club
5300 73rd Street
Vero Beach, Florida 32967
TELEPHONE: (772) 770-5003
FAX: (772) 770-5109
FOR NORMAN:
April Norman
1455 90th Avenue, 4303
Vero Beach, FL 32966
TELEPHONE: (772) 299-0265
NOW THEREFORE, in consideration of the mutual benefits to be derived from this
agreement and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties, intending to be legally bound agree as follows:
SECTION I — TERMINATION OF LEASE
Background Facts, The Background Facts are agreed to be true and correct are incorporated
herein by this reference.
1. Property and Term of Lease. Effective December 1, 2009, the Agreement between the
County and Norman for the snack bar/concession area at Sandridge Golf Club shall be amended
as follows:
a. The Agreement for Food Concession Services and Lease shall terminate on
March 31, 2010 upon the mutual agreement of the parties.
b. The rent paid shall be as follows: the amount of One Thousand Dollars
($1,000.00) per month for the months of December 2009, January 2010,
February 2010 and March 2010. The County shall deduct the rental payments
from the amount currently being held in escrow by the County, which
includes all interest.
C. Upon final satisfactory inspection by the County five business days prior to
termination date, the County shall return to Norman on or before the agreed
termination date the balance being held in escrow by the County, to wit:
1) $151.67 is the remaining principal balance after subtracting the 4 months
rent of $1,000.00 per month for December 2009, January 2010 and
February 2010 and March 2010
2) All interest which has been paid by the bank on all funds held in escrow,
and
3) $1,000.00 Security deposit
d. Norman shall relinquish all right, title and interest in the County's liquor
license and shall not be entitled to a refund of any annual renewal fee.
e. Following the termination of the Agreement both parties shall be released
from all further obligations under the Agreement and its Amendments.
SECTION II = FOOD CONCESSION OPERATION
L Services. During the Term of this Agreement from December 1, 2009 until March 31,
2010, Norman agrees to continue to provide to County the services, including all labor,
materials, and supplies required to perform such services as described in the RFP Number
2007075 and Norman's Response to RFP Number 7054 and use her best efforts to make a good
faith effort to comply with the terms of the Agreement.
2. Equipment. The County shall retain all equipment listed in Exhibit C of the Agreement
and all other equipment shall by removed by Norman by 11:59 P.M. on March 31, 2010. During
the Term of this Agreement from December 1, 2009 until March 31, 2010, County shall be
responsible for the maintenance of all equipment and for its replacement. County shall be
responsible for all food preparation equipment needed to operate the facility including but not
limited to coolers inside and outside, sinks, refrigerators, sandwich preparation station, ice
machines, etc. This equipment shall include any safety or fire prevention equipment necessary
for proper operation. Norman shall furnish all equipment owned by Norman, food, service
products, labor and supervision necessary to maintain a food service in an efficient operation.
3. Property of Norman. Norman shall remove all her equipment as well as all of her food,
beverage and liquor inventory by 11:59 P.M. on March 31, 2010.
4. Final Walk Through. Prior to releasing the key to the leased premises, the County shall
do a walk through with Norman and sign a document that will list everything being left and
confirm that the premises are being left in a broom swept condition.
2
5. Original Agreement and Amendments, Any term or condition in the Original
Agreement or any Amendments thereto not amended by the above shall remain in full force and
effect until 11:59 P.M. on March 31, 2010.
In witness, the County and Norman have caused these presents to be executed in their names the
year first written above.
APRIL NORMAN
proprietor
name) np�'L &LpyL,"co rr
WITNESS:
WITNESS:
Deputy County Attorney
9
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY: 1.� C�,�
Peter D. O' Bryan, Chairlhan
Board of County Commissioners
3
Approved by the BCC
01/12/10
ATTEST: J. K. Barton, Clerk of Court
BY: L
Deputy Clerk of Court
oseph A. Baird, County Administrator
EXHIBIT C
NAME OF EQUIPMENT
T23 Refrigerator
T35F Freezer
Mobile Food Bar & all attachments
Refrigerated Sandwich Prep Table
Crystal Tips Ice Machine
Hobart 161 Meat Slicer
Beer Dispenser
32" Phillips Television
2 Standard Microwaves
Commercial Toaster Oven
4 Large White Slow Cookers
4 Chafing dishes
Large serving bowls
EQUIPMENT PROVIDED BY COCA-COLA
Two (2) Refrigerated Beverage Coolers
Fountain Soda Machine
Fountain Soda Gun
Ice Bin
M
DATE PURCHASED
12/7/1999
12/7/1999
5/2/2001
2/5/2007
7/l/2003
9/16/1987
11/30/2004
9/30/1999
4/10/2007
CL