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R99-137RESOLUTION R99-/.~ ~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AFFILIATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND LIFECAST.COM, INC., PROVIDING FOR WEBSITE DEVELOPMENT FOR THE LINKS AT BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lifecast.com is devoted to golf course website design and will work with the golf course staff to fully develop the site and maintain it on a regular basis, at no cost to the City of Boynton Beach; and WHEREAS, increased visibility on the internet will result in increased numbers of rounds played on the golf course, WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City to enter into an Affiliation Agreement with Lifefcast. Com., Inc., for the development of a website for The Links at Boynton Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to 9xecute an Affiliation Agreement with Lifefcast. Com., Inc., for the development of a website for The Links at Boynton Beach, a copy of said Agreement being attached hereto as Exhibit "A", Section 2. This Resolution will become effective immediately upon passage, PASSED AND ADOPTED this /~ day of October, 1999. ATTEST: Clerk ..\\\\\~,~[Jllllllllllll (C~o ~ ~ O fo~ V~'ce Mayor Mayor Pro Tern Corflmi.,s~ioner Commissioner Agr Affiliation Agreement With LifeCast. com, Inc. This agreement is made by and between LifeCast.com, Inc. ('LifeCast') and ~ ¢ J..,/3/~.5 o~"~ .'~,{.~'l J~/ (~t~e C~ The parties desire to enter into this Agreement for the purpose of creating a webs~e on the Intemet for the Affirmted Club (the ."Club Website"). IJfeCast. com agrees to host and provide Intemet services for the website for the length of this Agreement at no cost to the Club. In cOrlsideration of the mutual covenants contained herein and other good and valuable cansidaratian, the aufficisncy of which is hereby acknowledged, the patties here~y agree as follows: % Services: LJfeCast.corn agreas to create and host Interne{ servicas for the Club Website. LifeCast agrees to provide content, at no host to the Club, to the IJfeCast onntant and content chennei template areas ralatad to the Club Webeite. Any content to be kw, areal on the member-only Club Website area will be subject to the Club's prior approval. In c-Xmnection with the Club Webelte, LifeCast will provide email addresses and the ~ to create homeqages for all of the Club's membem, at no co~t to the Club. The Club will ~sue these emall addresses to its members, and will use best efforts to intrnd~ce this _,W_ebsite and its serwcas to ~s members, including uae of mallem, promotion in the Club's fauillties, and incluaion within!the Club s newsleffem. LifeCast agrees that informatkm obtained directly from Club regarding Club's members will remain confidential to LifeCast and will no[ be disbursed by UfeCast to third parties. 2, Tem~: This Agreement shall be for a period of fr,;e (5) years, Commencing on ,1999, (The 'Commencement Date'), and te~ni~ating on 2004, (The "re~ninatian Date'), unless seaner terminated as provided herein. A non-defau~Jng party her~o may terminate this Agreement upon the oncurrence of a Default (hereinafter defined). Any such termination shall be effective following thirty (30) da~ p,~3r wriffen notice and tb~e to cure. 'Default' as used herein shall mean any breach or vitiation of any prov~ion c~fltained herein which remains uncured thirty (30) days following dalive~ to the defaulting party of written notice from the non-defaulting party identifying the breach or viotation. Any notice required or perm~ed hereunder sh~ be in writing. 3. Ee~ewal ef Term: This Agreement will automatluaity rene~ for an additional one (1) year unlass either party provides the other Pa~7 with t hiity (30) days prior written notice of its intent not to rsn~ pr~' to the theft cun'ent term. 4.TermtoatJe~'~el3amttom Upon ten'ninedon of this Agreement Club shall ~ instructions to LifeCast raga~ling the transfer of theiClub URL/Domain name to Club's dasigase. The LifeCast.com and Club site technology, ~ & feal, and cantent am the propa,ly of LifeCast.c~:m and are nof transferable to Club. Nofhing contained herein shall grant or cause to grant Club a license, security interest, or right to use LifeCast asseta, LifeCast content, LifeCast look & fee~, or LifeCast tachnclogy. $. Market~ and ,N~'ve~t~l~: All advertising rights of the Club Website will be ratained by LifeCast. If the Club provides an edvediser to participate in edve~ising on the Club Wedslte, LifeCast agrees to pay the Club 10% onmmissian on any amount received by LifeCast. 6. Entire Agreement: This Agr~,-nent sats forth the entire agreement and understanding be{ween the parties retated to the matters contained herein and merges all'prkx diauuasions and agreements batween them. Neither pa~ sh~ be bound by any reqre~entations, warranty or undertaking, othe~ than as expressly stated in this Agreement or as subsequently sat forth in writing and e~(enuted by an authorized officer of the pa~ to be bound thereby. Life~ast'c°m By: Title: Pdn ed Name: Dat~ L.C. Con~: Title( Y,A'tOR Pdnted Name: GERALD BROENING Date: /~'/,~/~'~' Phone# ~} ~-~/~ www,lifecast,com E- MAIL:info~lifecast.com ? LifeCast.com private communities online Fax Communication TO: Company: Fax Number: ~,t. ~ · ,700 Sender: ~,w,~ Date:*l,,l~ Page: ~ ...... of... z_ Message'._ 5400 Knotl Trail, S1~ 360 Dill#, TX 75248 ' 'r I