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CITY OF SUNNY ISLES BEACH AGREEMENT WITH FOR CONCESSIONAIRE SERVICES FOR THE SKATEBOARD PARK AT TOWN CENTER PARK CONTRACT NO. THIS CONTRACTOR AGREEMENT made and entered into this _ day of 2010 by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City") and ,a Florida corporation, authorized to do business in the State of Florida, (hereinafter referred to as "Contractor"). WHEREAS, the City wishes to employ Contractor to operate concessionaire services for the skateboard park located at Town Center Park pursuant to the specifications outlined in RFP No. 10-08-03 ; and WHEREAS, the Contractor was selected by the City as the most qualified Proposer in response to RFP No. 10-08-03; and WHEREAS, the Contractor is qualified, willing and able to provide the desired services on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: 1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part of hereof for reference. 2. SERVICES TO BE PERFORMED. Contractor shall perform the required services in compliance with the terms and conditions specified in RFP No. 10-08-03, which are incorporated herein. Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to property and persons to the skateboard park or concession stand area located at Town Center Park. 3. PAYMENTS TO THE CITY. In consideration for the terms of this Agreement, the Contractor shall pay the City the concessionaire fees as proposed by Contractor in response to RFP No. 10-08-03 from sales received by the Contractor from the sales and/or rentals at the skateboard park at Town Center Park. Gross earnings shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City shall be sent to the City no later than the tenth (10th) day of each month. Payments received from the tenth (10th) of each month to the twenty fifth (25th) of each month shall be considered delinquent and shall be assessed a ten percent (10%) penalty. Payments received after the twenty fifth (25th) of each month shall be assessed an additional ten percent (10%) penalty. Failure by the Contractor to tender payment to the City within thirty (30) days of any payment due date shall be sufficient cause for the City to terminate this Agreement.