HomeMy WebLinkAbout2016-101 FIRST AMENDMENT AND RENEWAL TO CONCESSIONAIRE
LICENSE AGREEMENT FOR FOOD CONCESSION SERVICES
BETWEEN INDIAN RIVER COUNTY AND TREASURE COAST
CONSULTING, INC. DATED JULY 19 2014
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THIS FIRST AMENDMENT AND RENEWAL TO CONCESSIONAIRE LICENSE
AGREEMENT FOR FOOD CONCESSION SERVICES BETWEEN INDIAN RIVER COUNTY
AND TREASURE COAST CONSULTING, INC, DATED JULY 19 2014, ("First Amendment and
Renewal") is entered into as of the 5th day of July, 2016 by and between Indian River County, a political
subdivision of the State of Florida, by and through its Board of County Commissioners, whose address is
1801 27`h Street, Vero Beach, Florida, (the"County"), and Treasure Coast Consulting, Inc. d/b/a Treasure
Coast Concessions, (the "Concessionaire"):
RECITALS
WHEREAS, on July 11, 2012, County and Concessionaire entered into a Concessionaire License
Agreement which granted Concessionaire a license to operate a food concession consisting of a mobile
cart and tent at the North County Aquatic Center, the Indian River County Public Shooting Range, and
Golden Sands Park and other real property at the sole discretion of the County (the "Initial Agreement");
and
-_ WHEREAS, County and Concessionaire entered into a First Amendment and Renewal to
Concessionaire License Agreement for Food Concession Services Between Indian River County and
Treasure Coast Consulting, Inc. which 1) renewed the Initial Agreement for one year, 2) changed the
Concessionaire's payments,and 3)clarified the County's right to operate a"Slushy Machine"at the North
County Aquatic Center("Initial Amendment"); and
WHEREAS, on July 1, 2014, County and Concessionaire entered into a second Concessionaire
License Agreement which granted Concessionaire a license for two years to operate a food concession
consisting of a mobile cart and tent at the North County Aquatic Center, the Indian River County Public
Shooting Range, and Golden Sands Park and other real property at the sole discretion of the County (the
"Second Agreement"); and
WHEREAS, the Second Agreement allows the Concessionaire to request two additional one year
renewals of the Second Agreement; and
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WHEREAS,Concessionaire has requested and the County is in agreement to renewing the Second
Agreement for an additional year and incorporating changes to the Second Agreement relating to
concessionaire service for special events;
NOW THEREFORE,in consideration of the mutual undertakings herein and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Renewal of Second Agreement. The Second Agreement is hereby renewed for one additional
year and shall terminate on June 30, 2017, unless otherwise renewed pursuant to Section 1 of the
Second Agreement.
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ITEM NO:
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3. Special Events. A new section 23 of the Second Agreement shall be added as follows:
County often conducts special events which generally garner more attendance then other
daily activities at various facilities. Under this Agreement, County has the option to utilize
Concessionaire for such special events. If County desires that Concessionaire service such
special events, County shall contact Concessionaire a minimum of 30 days prior to the
special event. Concessionaire shall provide notice to County that it will service such
special event at least 20 days prior to the special event. Failure of Concessionaire to reply
or accept within the timeframe set forth above, shall constitute Concessionaire's refusal or
denial of providing service for such special event. Nothing herein shall prevent the County
from engaging additional vendors to sell merchandise or food and beverages not currently
provided or offered by Concessionaire under this Agreement at any special events. The
terms of this Agreement shall govern all service at special events, except that
Concessionaire shall pay to the County twenty-five percent (25%) of the gross receipts for
any amount over $2,500.
4. Payments. The first sentence of Section 2 (Payments) of the Second Agreement is
amended as follows:
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Except as set forth in Section 23, Concessionaire shall pay to the County, twenty percent
(20%) of the cumulative gross receipts for the Term of this Agreement in monthly
installments (the `'License Fee").
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5. All other provisions of the Second Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the County and Concessionaire have executed this instrument this
day of July, 2016.
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TREASURE COAST CONSULTING, INC. INDIAN RIVER COUNTY, FLORIDA
By: By: Jr-� 1l�GL.w
Thomas J. Burg Bob Solari, Chairman
President .••"pR1M/S'' Board of County Commissioners
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��• �t't� Date BCC Approved: July 5, 2016
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AP D A TO o'1%q'' '�:• ATTEST: Jeffrey R. Smith
R COr:•'
Clerk of the Court and Comptroller
Dylan Reingold,�Esq.
County Attorney By: G
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