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R99-001II RESOLUTION NO. R99-~/ A RESOLUTION OF THE CITY COMMISSION OF THE ClTY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST ADDENDUM TO THE CONTRACT FOR LAKE DIVING SERVICE AT BOYNTON BEACH 'MUNICIPAL GOLF COURSE BETWEEN THE CITY OF BOYNTON BEACH AND NITRO/SECOND CHANCE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City of Boynton Beach (CITY) and Nitro/Second Chance have heretofore entered into a Contract dated July 7, 1998, by Resolution No. R98- 120); and WHEREA~, situations have arisen which gave cause to the parties to further negotiate the said Contract; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby authorize and direct the Mayor and City Clerk to execute a Addendum to the Contract for Lake Diving Service at Boynton Beach Municipal Golf Course between the City of Boynton Beach and Nitro/Second Chance; NOW, THEREFORE, BE ]~T RESOLVED BY THE CI'TY COMM]~SSI'ON OF THE C]~TY OF BOYNTON BEACH, FLORTDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby authorizes and directs the Mayor and City Clerk to execute Addendum No. i to the Contract for Lake Diving Service at Boynton Beach Municipal Golf Course between the City of Boynton Beach and Nitro/Second Chance, which Addendum is attached hereto and made a part hereof. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 1999. day of ~.6~~¢ ClTY OF BOYNTON BEACH, FLORIDA ATTEST: CitY/Clerk . ~/ l~ayor Pro Tem co issqsne ' Commissioner ADDENDUM NO. 1 TO CONTRACT FOR LAKE DIVING SERVICE AT BOYNTON BEACH MUNICIPAL GOLF COURSE THIS ADDENDUM dated the __ day of January, 1999, is entered into between the CITY OF BOYNTON BEACH, hereinafter referred to as "City", and NITRO/SECOND CHANCE, hereinafter referred to as "Second Chance", in consideration of the mutual benefits, terms, and conditions hereinafter specified, and shall constitute part of the original contract between the City and Second Chance, dated July 7, 1998 (Resolution R98-120). WHEREAS, City staff has determined that the contract with Second Chance should be amended to revise Section 2, regarding contract outlined conditions and Section 3, regarding contract term; and WHEREAS, staff Chance to continue to Municipal Golf Course. has indicated that this revision is necessary for Second provide satisfactory service at the City of Boynton Beach NOW THEREFORE, BOTH PARTIES AGREE AS FOLLOWS: Section 1. That Section 2 of. the original contract, contract outlined condition and Section 3, term of that contract between the CITY and SECOND CHANCE, are hereby amended to state: 2a. Second Chance agrees to pay the City $13, 000 to be issued in two payments of $6500. The first payment of $6500 will be paid upon execution of the amended contract by the parties. The second payment will be issued on April 1, 1999 or when Second Chance has retrieved 65,000 balls from the concession site, whichever comes first. Second Chance agrees to dive at least bi-weekly until April 1, 1999 or until retrieving the first 65, 000 balls from the course's lakes, whichever comes first. 2c. Delete in its entirety. 2e. Second Chance agrees to sell to Boynton Beach Municipal Golf Course any of its products included in their 1999 price list at a 10% reduction from that list. (copy of price list attached). 3. The term of the Contract shall be for a period of one year from the effective date of this agreement, June 15, 1998. In the event of water hazards being affected by temporary greens, drought, or golf course management decision, or the course being closed for renovations or natural disaster, this contract will automatically be extended for that period of time. This agreement may be renewed on a yearly basis for an additional 36 months from the date of the original contract provided both parties consent in writing, except as provided under section 4; the termination clause of the original contract. All other provisions contained in Section 2 of the original contract and the entire provisions of that contract signed on July 7, 1998 not effected by this addendum remain unchanged. Section 2. Each person signing this Addendum on behalf of either party individually warrants that he or she has full legal power to execute this Addendum on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Addendum. this IN WITNESS OF THE FOREGOING, the parties have set their hands and seals day of January, 1999. CITY OF BOYNTON BEACH NITRO/SECOND CHANCE Executive Vice President · . .,,,~\',\\~'"111111111111/. Attest: .~, ,-_ ~o'r-,. "//, C~Clerk ~ ~ ui>= STATE OF FLORIDA COUNTY OF PALM BEACH ,M~ROVED AS TO FO~M: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared PAUL D. KANEB, JR., and acknowledged he executed the foregoing Addendum for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand at in the State-and County aforesaid on this, ,,,-.,~ day of .i~,,~.;-., ~/ 1999. NOTARY PUBLIC- My Commission Expires: s:~agmts~Lake Diving Se~ices Addendum and official seal