HomeMy WebLinkAbout2025-037AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN
INDIAN RIVER COUNTY AND
BOTTOM'S UP BEVERAGE OF FLORIDA, LLC.
THIS AGREEMENT for Food Concession Services and Lease and (the "Agreement") is
entered into by and between Bottom's Up Beverage of Florida, LLC., a Florida Corporation, 857
South Kings Highway, Ft. Pierce, FL 34945 ("Concessionaire") 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, Concessionaire is desirous of entering into this Agreement for Food Concession
Services and Lease at the Sandridge Golf Club and has represented to County that it has the
competency and experience to continue to perform the services during construction of a new
clubhouse and restaurant as set forth in this Agreement; and
WHEREAS, the County's intent is to select a concessionaire to provide golf course patrons
and employees with good service and high-quality food at an economical rate in the Snack Bar.
Sandridge Golf Club accommodates approximately 129,000 rounds of golf annually including over
forty golf tournaments and outings per year; and
WHEREAS, the Concessionaire has been successfully conducting a food and beverage
operation at Sandridge Golf Club for the last 10 years fulfilling all obligations to complete
improvements and replace equipment under the prior lease; and
WHEREAS, the intent of the County to enter into this agreement and contract for food service
for the facility operated within the Snack Bar at Sandridge Golf Club based on 1,705 square feet of
space in the clubhouse during construction of a new clubhouse restaurant and banquet facility; and
WHEREAS, the County is currently out to bid for the construction of a new clubhouse and
restaurant and the estimated time for competitive selection of a contractor and completion of
construction is 18-24 months; and
WHEREAS, the County is the owner of Sandridge Golf Club, 5300 73rd Street, Vero Beach,
Florida, 32967 (the "Course") and desires to engage Concessionaire to continue providing services to
the County as more particularly described in this Agreement; and
WHEREAS, in order to preserve continuity of operations, the concessionaire and the County
are desirous of extending the general terms of the current Agreement For Food Concession Services
and Lease for an undetermined period not to exceed 24 months.
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 - 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. The County leases to Concessionaire and Concessionaire
leases from County, the snack bar/concession area at Sandridge Golf Club consisting of
approximately 1705 sq. ft. of space inside the Golf Club, as more particularly described on Exhibit
A attached hereto and by this reference incorporated herein, for a term of twenty-four (24) months
commencing on April 1, 2025, and terminating upon thirty (30) days notice from the County. The
rent paid shall be as follows: Each month, rent shall be payable at the rate of ten (10) percent of all
food and non-alcoholic beverage income from whatever source and fifteen (15) percent of alcoholic
beverage income from whatever source per month payable on the first day of each month. If the first
of the month is a Saturday, Sunday or a holiday recognized by the County, then on the next business
day. After the 5h of the month, a late fee of $50.00 per day will be assessed. The monthly rent
payment shall be accompanied by a monthly report of daily receipts in report form. Daily dated cash
register tapes shall be retained by Concessionaire for a period of three (3) years and made available
for examination to the County upon 24-hour request. Concessionaire shall ring in all receipts into
Sandridge's point of sale system.
2. Length of Lease. The Agreement shall be for an original fixed term of twenty-four (24)
months from the date of execution subject to early termination, upon thirty (30) days advance written
notice from the County and shall not be renewable thereafter without a competitive selection process;
however, the County may extend this Agreement with Concessionaire if deemed to be in the best
interest of Indian River County due to delays in completion of the new facility.
3. Security Deposit. County shall retain the security deposit in the amount of $1,000.00 paid to
the County under the prior lease. The security deposit is refundable upon termination of this
Agreement after satisfactory inspection of the leased premises by County.
4. Use of Leased Premises. During the term of this Agreement, Concessionaire shall use the
leased premises for operation of a food concession and banquet facility, etc. Concessionaire shall not
use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or
improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance
whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of
the premises. Concessionaire may use the leased premises only for Golf Course events and not for
any other purpose without prior permission.
5. Utilities, Tables and Beverage Cart. County will provide electrical service, water and sewer
services for the leased premises. The County will furnish the existing seating and tables for patrons.
County will furnish a Beverage Cart for use by Concessionaire to sell food, snacks and drinks to
golfing patrons at a minimum of three (3) days a week.
6. Assignment and Subletting. Concessionaire shall not assign this Agreement or any part
thereof to any other person, firm or entity without the County's written permission. Any attempted
assignment of the Agreement shall be void and may, at the sole option of the County, be deemed an
event of default under the lease.
7. Prohibition on Encumbrances. Concessionaire shall not mortgage, pledge, or encumber the
Agreement, in whole or in part, or the leasehold estate granted under the Agreement, to any other
person, firm or entity. Any attempt to do so shall be void and may, at the sole option of the County,
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be deemed an event of default under the Agreement. This covenant shall be binding on
Concessionaire's successors in interest.
8. Employees Hired by Concessionaire. All Concessionaire's employees shall be considered
to be at all times its sole employees and not employees or agents of Indian River County. Information
regarding an employee's experience and qualifications shall also be furnished to County prior to
hiring.
9. Complaints Concerning Operations. The County or its representative may submit a written
report to Concessionaire enumerating problem areas encountered. Concessionaire will provide
written documentation of action to be taken to resolve problems.
10. Termination of Contract. The County reserves the right to terminate the agreement at any
time, upon thirty (30) days advance written notice.
11. Bankruptcy. If Concessionaire is adjudged bankrupt, either voluntary or involuntary, the
County may terminate this Agreement effective on the day and time the bankruptcy petition is filled
and the County may proceed to provide service as previously outlined.
12. Right to Inspect. The Landlord may enter and inspect the leased premises at all reasonable hours
to insure the premises is being properly maintained and kept in good condition.
SECTION II - FOOD CONCESSION OPERATION
1. Services. During the Term of this Agreement, Concessionaire agrees to provide to County
the services, including all labor, materials, and supplies required to perform such services, including
but not limited to food and beverage service, cart service, and daily cleaning of the leased premises.
2. Tournaments and Special Events. Sandridge Golf Club hosts approximately 40
tournaments and special events ("special events") annually. Often times special events call for
breakfast, lunch and/or dinners to be offered to the special event sponsor. The Management of
Sandridge Golf Club reserves the exclusive right to offer Concessionaire the opportunity to provide
food and beverage services for each special event held at Sandridge Golf Club. Some conditions may
be unique to each event and subject to terms mutually agreed upon by Sandridge and
Concessionaire. Should the parties fail to reach mutually acceptable terms on any special event,
Sandridge may seek an alternate vendor to provide food and beverage services for that special event.
Under this election, Sandridge reserves the right to utilize the seating area of the leased premises
excluding the use of any equipment owned by the Concessionaire. The election by Sandridge to
utilize an alternate vendor for any given special event shall not affect the Concessionaire's right of
first refusal to provide food and beverage services at any future special event. Nothing herein shall
prohibit Sandridge from providing or accepting donations of food and beverage items for the benefit
of any Special Event or Tournament.
a. The County will coordinate with Concessionaire to develop a variety of meal and
snack menu choices with per person pricing that can be offered to the special event
sponsor. Golf Club management will work with the special event sponsor to work out
details in reference to beverage distribution and food service for the special event.
Sandridge staff will provide Concessionaire with the menu selection and a good faith
estimate of the number of meals to be served seven (7) days in advance of the special
event. This figure will be updated throughout the week preceding the event, and the
final number of meals will be conveyed to Concessionaire on the morning of the
special event. The final number of meals will determine the amount Concessionaire
will be paid for the special event.
b. Special event sponsors shall be permitted to offer nominal food and beverage items
(such as bottled water, fruit and snacks) to special event participants. Concessionaire
shall not be required to assist in distribution of the nominal items.
C. The County also reserves the right to use the seating area at no charge for periodic
employee meetings and seminars that are deemed to be in the best interest of the
County.
3. Daily Menu. At a minimum, Concessionaire shall furnish the following recommended
minimum merchandise or other similar type of services for the needs and convenience of the
employees and general public at the Sandridge Golf Club.
• Food capable of being cooked on a propane gas grill such as hamburgers, chicken and
BBQ; delicatessen style sandwiches, hot dogs, chips, candy, soups, salads, donuts,
condiments, bagels and other miscellaneous food products.
• Beverages (Coke and/or Pepsi, coffee, soft drinks, etc.).
• Vending machines for cold beverages and miscellaneous snacks shall be furnished,
serviced and maintained. These machines will be located with the approval of the
Manager of Golf Operations.
4. Sale of Alcoholic Beverages. Concessionaire may sell alcoholic beverages by obtaining and
maintaining its own 4COP liquor license. The terms of this license mandate that 51% of the
concessions sold consists of food and there is a minimum seating capacity of 150 persons.
Concessionaire shall be responsible for the annual liquor license renewal fee. Concessionaire will
sell all alcoholic beverages in strict accordance with the laws of the State of Florida and in strict
accordance with all guidelines set forth by the County. Violation of this part of the Agreement
shall be cause for immediate termination of this Agreement.
a. Concessionaire must provide Alcohol Compliance Training in accordance with the
Florida Responsible Vendor Act (F.S. 561.701-706) using services to train employees
on the Beverage Laws of the State of Florida.
b. Concessionaire will be required to pay all taxes and timely remit any reports or
paperwork associated with the sale of alcoholic beverages. Concessionaire shall
maintain accurate records relating to the sale of alcoholic beverages.
5. Hours of Operation. Concessionaire shall operate the concession stand at a minimum from
6:45 am to 5:30 pm each day of the year except for Christmas Day. The Director of Golf or Manager
of Golf Operations may require a change in days and hours of operation if such a change is desirable
in providing the best service to the public.
6. Operation during Emergency. During any federally, State, or locally declared emergency
or disaster, the County reserves the right to have the full and exclusive use of the Leased Premises for
as long as reasonably necessary as the County, in its sole discretion, shall determine, for any
appropriate governmental purposes in connection with such Emergency. Concessionaire shall pay no
rent during said period. Concessionaire understands that the County has response and recovery
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obligations before, during and in the immediate aftermath of an Emergency, and that providing for
part of the County's food and beverage needs shall be the top business priority of Concessionaire
during the Emergency. At the County's request, Concessionaire shall cooperate with the County in
Emergency food and beverage planning and shall be open for business during the hours that the
County requires in connection with any Emergency to provide food and beverage service, even if the
hours required are different from the hours stated otherwise in this agreement. In the event of an
Emergency, the County and Concessionaire will mutually agree on the terms, conditions and payment
for Concessionaire's service to County.
7. Occupational and Other Taxes. Concessionaire shall have a current business tax receipt for
each year of the lease term and pay all taxes which shall be imposed or assessed by any and all
governmental authorities in connection with the business or operation conducted under this
agreement.
8. Compliance with Laws. Concessionaire shall meet all federal, state, county and municipal
laws, ordinances, policies, and rules applicable to the operation of the concession.
9. Public Relations. Concessionaire shall maintain good public relations with users of the
facility and cooperate with Indian River County officials in all matters pertaining to the area.
10. Garbage and Disposal. Concessionaire shall comply with the standards of franchise garbage
and disposal collection specifications.
11. Personal Property. Any and all personal property placed on the premises by the
Concessionaire, or her employees, shall be at their own risk and the County shall not be liable for any
damage or loss to said personal property for any cause whatsoever.
12. Appearance of Employees. All of Concessionaire's service employees must be dressed in
uniform fashion while on duty. The uniforms must be approved by the County in advance. These
employees must always be neat in appearance and present themselves in a manner that is pleasing to
the public. They must also abide by all of the standards set forth by the State of Florida for Food
Preparation and Service.
SECTION III - INSURANCE
1. Indemnification and Insurance. Concessionaire shall not commence work until all the
insurance required under this section has been obtained, and until such insurance has been approved
by the County. Concessionaire will purchase and maintain such insurance as follows:
A. Workers' Compensation Insurance: Concessionaire shall procure and maintain workers'
compensation insurance to the extent required by law for all her employees to be engaged in work
under this agreement. In case any employees are to be engaged in hazardous work under this
contract and are not protected under the workers' compensation statute, the Concessionaire shall
provide adequate coverage for the protection of such employees.
B. Public Liability Insurance: Concessionaire shall procure and shall maintain broad form
commercial general liability insurance (including contractual coverage) and commercial
automobile liability insurance in amounts not less than shown below. The County shall be an
additional named insured on this policy with respect to all claims arising out of the operations or
work to be performed.
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C. Commercial General Liability
(other than automobile)
i) Premises/Operations
ii) Independent Contractors
iii) Products/Completed Operations
iv) Personal Injury
v) Contractual Liability
vi) Liquor Liability
D. Business Auto Liability
i) Owned/Leased Automobiles
ii) Non -Owned Automobiles
iii) Hired Automobiles
$500,000 combined single limit
for bodily injury and property damage
$500,000 combined single limit for bodily
injury and property damage
2. Proof of Insurance: Concessionaire shall furnish the County with a certificate of insurance
in a form acceptable to the County for the insurance required. Such certificate or an endorsement
provided by Concessionaire must state that the County will be given thirty (30) days' written notice
prior to cancellation or material change in coverage. Copies of an endorsement naming County as
Additional Insured must accompany the Certificate of Insurance.
3. General Requirements of Insurance. Any deductibles or self-insured retentions greater than
$5,000 must be approved by the Risk Manager for Indian River County with the ultimate
responsibility for same going to Concessionaire. Concessionaire's insurance coverage shall be
primary. All above insurance policies shall be placed with insurers with a Best's rating of no less that
A + VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies
procured shall be per occurrence policies or as generally available on the open insurance market. The
Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River
County Risk Management Department within ten days of execution of this Contract. The insurance
companies selected shall send written verification to the Indian River County Risk Management
Department that they will provide thirty (30) days written notice to the Indian River County
Department of Risk Management of its intent to cancel or terminate said policies of insurance.
a. Concessionaire hereby agrees to indemnify Indian River County and Representatives
thereof from all claims arising solely from intentional, reckless or negligent acts, errors or
omissions of the Concessionaire or Concessionaire's Representatives in the performance
of services under this agreement and for which Concessionaire is legally liable.
3. Insurance Requirements for County. Concessionaire acknowledges that County is a
political subdivision of the State of Florida and as such, is entitled to certain protection from liability
under Florida law. To the extent allowed by law, the County hereby agrees to indemnify
Concessionaire from claims arising from the negligent acts, errors or omissions of the COUNTY in
the performance of the services under this agreement and for which County is legally liable.
Additionally, the County hereby states that its improvements are adequately insured against loss
whether through self-insurance or excess coverage.
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4. Indemnification of County. Concessionaire shall indemnify and hold harmless the County
from all suits, actions or claims including reasonable attorney's fees, of any character brought on
account of any injuries or damages received or sustained by any person, persons, or property by or
from the said successful bidder or by or in consequence of any liability losses, misconduct or negligent
act or omission of Concessionaire, her agents or employees in connection with the operation of the
food service concession.
5. Notice of Claims. County and Concessionaire shall give prompt notice to the other of any
third -party claims made against either or both of them, and shall cooperate fully with each other and
with any insurance carrier to the end that all such claims will be properly investigated, defended and
adjusted.
6. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a cause
for termination of this agreement.
SECTION IV - COUNTY RESPONSIBILITIES
1. Obligations to Provide Facilities. County, at its sole cost and expense, shall be responsible
for providing safe and adequate facilities required by Concessionaire to perform the Services under
this Agreement. These facilities shall include, without limitation, workspace and other facilities that
adhere to current federal and state safety standards. County shall cooperate at all times with
Concessionaire to provide a safe and adequate work environment for Concessionaire's employees
and others who work on or around the Course. Concessionaire has inspected County's facilities and
agrees that they are adequate facilities needed to perform the services under this agreement and the
facilities adhere to current federal and state safety standards.
2. Emergency Maintenance. At any time during this agreement, if the County determines that
any portion of the golf club house is in immediate jeopardy of sustaining some type of serious harm
due to a maintenance failure of Concessionaire, the County may utilize its own work force to go on
the leased premises and perform such tasks as are necessary to prevent such serious harm from taking
place. The costs of such preventative maintenance shall be itemized by the County and submitted to
Concessionaire, which shall be paid within thirty days.
SECTION V - DEFAULT, REMEDIES
1. Default by Concessionaire. In the event Concessionaire is in default under the terms of this
Agreement, after thirty (30) days written notice and opportunity to cure, County may, in addition to
any right of termination provided in this Agreement, maintain an action for damages arising from the
default.
2. Default by County. In the event that County is in default under the terms of this Agreement
after any grace period or notice and cure period expressly provided herein, Concessionaire may, in
addition to any right of termination contained in this Agreement, exercise any right or remedy
available at law or equity including, without limitation, an action for damages arising out of the
breach.
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SECTION VI - MISCELLANEOUS
1. Any written consent, approval or instruction issued by County's representation identified in
SECTION VII of this Agreement shall be binding to the same extent as if given by County. County
may change the designated County's representative by written notice to Concessionaire.
2. In connection with this Agreement, the parties agree to cooperate in good faith and to perform
no act, or allow any omission, which would inhibit the other party from performing its obligations
under this Agreement.
3. This Agreement, together with the Exhibits and Response to Request for Proposal constitutes
the entire agreement between the parties with respect to the subject matter hereof and merges all prior
and contemporaneous communications. This Agreement shall not be modified except by a written
agreement dated subsequent to the date of this Agreement and signed on behalf of County and
Concessionaire by their respective duly authorized representatives.
4. Any notice which either party is required or may desire to give to the other under this
Agreement shall be in writing and shall be given by registered or certified mail, return receipt
requested, postage prepaid, addressed to the party at its address shown on the First Page of this
Agreement. If County or Concessionaire wish to change its respective address for purposes of notice
under this Agreement, they may do so by giving to the other written notice of change of address.
5. Nothing in this Agreement shall be construed to create a partnership, a joint venture or agency
relationship between the parties. Neither party shall have any authority to enter into agreements on
behalf of the other, or otherwise to bind or oblige the other in any manner. The language of this
Agreement shall not be construed more strongly against either parry, regardless of which party is
responsible for its drafting.
6. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any
prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall
be effective unless made in writing and signed by an authorized representative of the waiving party.
7. The parties agree that any litigation arising from this Agreement shall be brought in Indian
River County Florida.
8. In the event of acts or occurrences not caused by County or beyond the control of
Concessionaire, including, without limitation, acts of God, fire, flood, hurricanes, ice storms, severe,
unusual or unseasonable weather or climatological changes that prevents Concessionaire from
performing its duties under this agreement, Concessionaire shall be excused from the performance
under this Agreement during the period of such acts or occurrences and for reasonable times
thereafter, unless Concessionaire and County can agree on such other duties that can be performed
by Concessionaire. If Concessionaire is unable to perform its duties under this agreement for more
than 15 consecutive days due to the acts or occurrences, County may terminate this agreement.
9. In the event of the sale or other transfer of control over the Course, County will assign this
Agreement to the purchaser or transferee, and upon such assignment and the written assumptions by
the purchaser of all the obligations of County to Concessionaire hereunder, County shall be fully
released and relieved of all obligations hereunder arising from and after the date of the assignment.
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10. Concessionaire shall be responsible for obtaining, and shall pay for, any such permits, fees,
and licenses required to operate all business contemplated by this Agreement.
11. Concessionaire agrees to maintain all books, documents, papers, records, and accounts
pertaining to work performed under this Agreement, including property, personnel, and financial
records, as are deemed necessary by the County to ensure proper accounting for all funds expended
under this Agreement and in such a manner as will readily conform to the terms of this Agreement.
Said records and materials shall be available, upon request for audit or inspection purposes to Indian
River County, its authorized representatives, and its auditors at Concessionaire's office at all
reasonable times during the term of this Agreement, and for three (3) years from the date of final
payment.
12. Concessionaire agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age, national origin,
or disability, and will take affirmative steps to ensure that applicants are employed, and employees
are treated during employment without regard to race, color, religion, sex, age, national origin or
disability.
13. It is agreed by the parties that, at all times and for all purposes within the scope of this
Agreement, the relationship of Concessionaire to the County is that of independent contractor, and
not that of employee.
14. If any of the provisions contained in this Agreement are held for any reason to be invalid,
illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not
affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
SECTION VII — NOTICES
Concessionaire and the County's contact information regarding this Agreement is:
FOR COUNTY:
Bela Nagy, Director of Golf
Indian River County
1801 27h Street
Vero Beach, Florida 32960
TELEPHONE: (772) 770-5003
FAX: (772) 770-5109
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FOR CONCESSIONAIRE:
Juliann Petticrew
Bottom's Up Beverage of Florida, LLC
857 South Kings Highway
Ft. Pierce, Florida 34945
TELEPHONE: (772)
FAX: (772)
In witness, the County and Concessionaire have caused these presents to be executed in their
names the year first written above.
Bottom's Up Beverage of Florida, LLC
BY:
Ou-�tticrew, Concessionaire
WITNESS:
WITNESS:
to form and legal
ter A. Hicks
County Attorney
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BOARD OF COUNTY COMMISSIONER&••
�OhtM/S
INDIAN RIVER COUNTY, FLORID,
"' ' s%,�•.
BY:
eph E. Flescher, Chairman
oard of County Commissioners
''•��'fR COUNT:•^•
Date Approved by the BCC: February 11, 2025
ATTEST: Jeffrey R. Smith, Clerk of Court and
Comptroller
BY:
Deputy Clerk of 6durt
APPR ED:
�4•
A. Titkanich, Jr. Co ty Administrator