HomeMy WebLinkAbout2013-047 0 3/0S/3
$ • r . a
RENEWAL AND AMENDMENT OF AGREEMENT aO / 3 — y ♦f
FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN
INDIAN RIVER COUNTY and PEGGY CARDELL & ASSOCIATES , INC .
This Renewal and Amendment of the Agreement for Food Concession Services
and Lease (the Extension and Amendment) is entered into by and between PEGGY
CARDELL & ASSOCIATES , INC . , whose address is 1016 36 h Avenue , Vero Beach ,
Florida 32960 ( Cardell ) and INDIAN RIVER COUNTY, a political subdivision of the
State of Florida whose address is 1801 27th Street , Vero Beach , Florida 32960 ( County)
as of the date set forth below as the effective date (the Effective Date ) ,
BACKGROUND FACTS .
WHEREAS , the County and Cardell entered into an Agreement for Food
Concession Services and Lease (Agreement) dated March 9 , 2010 ; and
WHEREAS , in accordance with the Agreement , Cardell has dprovided food
concession services to the County at Sandridge Golf Club , 5300 73 Street ,Street , Vero
Beach , Florida 32963 since April 2010 ; and
WHEREAS , the parties wish to renew the term of the Agreement and amend the
terms of the Agreement by this Renewal and Amendment ,
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
9 � P Y
hereby acknowledged , the parties intending to be legally bound agree as follows .
1 . The Background Facts as set forth above are true and correct and are
incorporated herein by reference .
2 . SECTION I , Paragraph 2 . Length of Lease of the Agreement is hereby
amended as follows :
Subject to the parties reaching mutually agreeable terms , the
Agreement may be renewable for successive 2 year terms for a
maximum of 10 years .
3 . This Renewal and Amendment shall hereby renew the Agreement on the
Effective Date of April 1 , 2013 and terminating on March 31 , 2015 .
4 . SECTION I , Paragraph 11 . Termination of Contract. Section I Paragraph 11
shall be deleted and replaced by the following Section I Paragraph 11 :
11 . Termination of Contract.
A . This Lease may be terminated by upon its natural expiration provided that
1
either party provides at least 60 days notice of their intent not to renew the
Agreement under mutually acceptable terms . The County may also terminate :
(a ) upon default by the Tenant in the performance of any provision , covenant, or
condition of this Lease to be performed by Tenant hereunder, provided at least
thirty ( 30 ) days written notice of default is sent by County to Tenant setting forth
the default with specificity and further provided such default is not cured within
forty-five (45 ) days after such written notice ; or ( b) promptly in the event Tenant
abandons the Premises before the expiration of the term of this Lease .
5 . SECTION 2 FOOD CONCESSION OPERATION , Paragraph 8 . Improvements
shall be amended to include the following :
Within sixty (60 ) days of approval of this agreement, Cardell agrees to make the
following improvements to the leased premises at Cardell Is sole cost and expense .
A . Paint the interior of the leased premises including walls and trim not including the
ceiling . The color of the paint shall be approved in advance by the Manager of Golf
Operations . Painting shall be done by a qualified painter experienced and insured to
perform this type of work . Cardell and the painter shall use their best efforts to minimize
interruption of the daily operations of the golf course and concession area . In no case
shall concessions be closed for any period of time because of painting .
Be Cardell shall purchase and install no less than four large scale scenic photo
prints of Sandridge Golf Club . The Manager of Golf Operations shall approve of the
prints and the location of their installation within the leased premises .
C . Cardell shall replace and reinforce the front of the snack bar counter area with a
new surface as approved by the Manager of Golf Operations . Cardell . shall submit
plans to the Manager of Golf Operations for prior approval and obtain any permits
necessary from the County Building Department for this work . Cardell shall make
arrangements as needed to continue the operation of the concession area while the
work is being completed . Closure of the concession operation shall not be permitted
during the course of this work.
Any provisions of the agreement dated March 9 , 2010 not specifically amended
herein remain in full force and effect.
2
IN WITNESS WHEREOF , the Board of County Commissioners and Peggy Cardell
& Associates , Inc . have caused this Agreement to ' be executed by their respective duly
authorized officers .
PEGGY CARDELL & BOARD OF COUNTY COMMISSIONERS
ASSOCIATES , INC . INDIAN RIVER COUNTY, FLORIDA
By : OBy: �
ppRRRRRppp„•
Peggy a I irector .�� �OMMIso ,SSj�y.oJos e E . lescher, Chairman
Date Signed : � � :° O:' ' :;�A°pproved : march 5 , 2013
R •
n
R ■
ATTEST : Jeffrey R . Smith , CIA40., : di pproved :
And Comptroller ••;?% ;°•°
: � Gou pe
� _ . AW.+ •• pptlpp RMRpp A .By. RNV
epu y Clerk seph A . Baird , County Administrator
Approved as to form
and legal su '
19ept3t County Attorney
3
r