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