R04-205
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2 RESOLUTION NO. R04- 2.05
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING THE CITY
7 MANAGER TO EXECUTE A FIRST AMENDMENT TO
8 THE LAKE DIVING CONTRACT NINE LAKES AT
9 THE LINKS AT BOYNTON BEACH GOLF COURSE
10 BETWEEN THE CITY OF BOYNTON BEACH AND
11 BIRDIE GOLF BALL COMPANY, INC., AND
12 PROVIDING AN EFFECTIVE DATE.
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14
15 WHEREAS, ON February 4, 2003, the City Commission entered into a Contract
16 granting Birdie Golf the exclusive right to retrieve golf balls ITom the nine (9) lakes at the
17 Links at Boynton Beach Golf Course; and
18 WHEREAS, Birdie Golf has requested consideration be given with respect to the
19 biannual payment that Birdie Golf pays the City due to the significantly reduced number of
20 golf balls expected to be retrieved ITom the closing of the golf course caused by the effects of
21 Hurricane Frances and Hurricane Jeanne.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize and direct the City Manager to execute a First Amendment to the Contract
26 between the City of Boynton Beach and Birdie Golf Ball Company to allow for a one time
27 credit in the amount of $250.00, a copy of said First Amendment is attached hereto as Exhibit
28 "A",
29 Section 2. This Resolution shall become effective immediately upon passage.
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S:\CA\RESO\Agreements\First Amendment to Birdie Golf Agreement.doc
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3 PASSED AND ADOPTED this ~ day of December, 2004.
4 CITY OF BOYNTON BEACH, FLORIDA
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20 Commissioner
21 ATTEST:
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S:\CA\RESO\Agreements\First Amendment to Birdie Golf Agreement.doc
- R C1I-2.0S"
FIRST AMENDMENT TO LAKE DIVING CONTRACT
NINE LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE
THIS FIRST AMENDMENT entered into this ~ day of _'Dee. ..
, 20¢by and between:
THE CITY OF BOYNTON BEACH, a Florida municipal corporation,
with a business address at 100 E. Boynton Beach Boulevard, Boynton
Beach, Florida, (hereinafter referred to as "City"),
and
BIRDIE GOLF BALL COMPANY, INC., with a business address of 208
Margate Court, Margate, Florida 33063·4543 (hereinafter referred to as
"Birdie Golf').
WITNESSETH:
WHEREAS, the parties hereto entered into an Agreement on February 4, 2003, granting
Birdie Golf with the exclusive right to retrieve golf balls ITom the nine (9) lakes at The Links at
Boynton Beach Golf Course, located at 8020 Jog Road, Boynton Beach, Florida ("Agreement");
and,
WHEREAS, Hurricane Frances and Hurricane Jeanne resulted in the closing of the golf
course from about September 2, 2004 through October 10, 2004, thereby significantly reducing the
number of golf balls that Birdie Golf would expect to retrieve; and
WHEREAS, Birdie Golf has requested that consideration be given to these weather-related
events with respect to the biannual payment Birdie Golfpays the City.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
herein, the City and Board agree as follows:
1. That the Agreement dated February 4, 2003, is hereby amended to grant Birdie Golf a
one-time credit in the amount of TWO HUNDRED FIFTY ($250.00) DOLLARS. Accordingly,
when the next payment is due and owing to the City pursuant to Section 2.a of the Agreement, Birdie
Golf shall pay the City the sum of $1 ,250.00 pursuant to said subsection. All other payments due to
the City shall not be affected by the Amendment.
2. In the event of a conflict between the Agreement and this First Amendment, this First
Amendment shall control.
3. All terms and conditions of the Agreement, First Amendment and Exhibits thereto
which are not inconsistent herewith remain in full force and effect.
S:\CA\AGMTS\GolfCourse\Lake Diving Agmt Amdl.doc
Rev. I J-17-04
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WITNESSETH:
, CITY OF B[ON BEACH
By: ~
City anager
CONTRACTOR
BIRDIE GOLF BALL COMPANY, INC.
Signed and Witnessed in the presence of:
By: (Corporate Seal)
Print Name:
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Title:
ATTEST:
Corporate Secretary
Print Name:
STATE OF FLORIDA )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in
the County aforesaid to take acknowledgements, personally appeared
, the and respectively of BIRDIE
GOLF BALL COMPANY, INC., a Florida corporation, named in the foregoing first amendment to agreement
and that they severally acknowledged executing the same in the presence of two subscribing witnesses rreely and
voluntarily under authority duly vested in them by said corporation and that the Corporate seal affixed thereto is
the true corporate seal of said Corporation.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2004.
NOTARY PUBLIC
(notary seal or stamp)
Print or Type Name
S:\CA\AGMTS\GolfCourse\Lake Diving Agrnt Arnd1.doc
Rev. ll-17-04
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