HomeMy WebLinkAbout1999-004 Amendment to Cavanah Agreement - Vending•
RESOLUTION NO. 04-99
A RESOLUYION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK TO ENTER INTO A FIRST AMENDMENT
TO AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AND RICHARD E. CAVANAH, INC. APPOINTING CAVANAH AS
POOL MANAGER AT THE NORTH PALM BEACH COUNTRY CLUB,
WHICH AMENDMENT IS FOR THE PURPOSE OF PROVIDING FOR
OPERATION AND MAINTENANCE OF VENDING MACHINES ON THE
POOL DECK AT THE NORTH PALM BEACH COUNTRY CLUB; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA.
Section 1. The Village Council of the Village of North Palm Beach, Florida,
does hereby approve the first amendment to agreement between the Village of North Palm
Beach, Florida and Richard E. Cavanah, Inc. attached as Exhibit "A", which first
amendment is for the purpose of providing for operation and maintenance of vending
machines on the pool deck at the North Palm Beach Country Club.
Section 2. The Mayor and Village Clerk are hereby authorized and directed
to execute the first amendment to agreement between the Village of North Palm Beach,
Florida and Richard E. Cavanah, Inc. set forth in Exhibit "A" for and on behalf of the Village
of North Palm Beach.
Section 3 This Resolution shall take effect immediately upon its adoption.
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PASSED AND ADOPTED THIS 28th DAY OF JANUARY
(Village Seal)
ATTEST:
VILLAGE CLERK
, 1999.
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FIRST AMENDMENT TO AGREEMENT WITH RICHARD E. CAVANAH
THIS FIRST AMENDMENT is to that certain agreement dated the 12th day of
NOVEMBER , 1998, by and between the VILLAGE OF NORTH PALM BEACH, a
Florida municipal corporation, hereinafter called "VILLAGE" and RICHARD E. CAVANAH, INC.,
a Florida Corporation, independent contractor, hereinafter called "CAVANAH".
WITNESSETH:
WHEREAS, VILLAGE and CAVANAH entered into the agreement referenced above
wherein CAVANAH serves as Pool Manager at the North Palm Beach Country Club; and
WHEREAS, VILLAGE and CAVANAH are desirous of amending the agreement by adding
a sub -section H to paragraph 2 to provide for placement of vending machines on the pool deck at the
North Palm Beach County Club and to set forth the rights and obligation of CAVANAH in the
operation of such vending machines.
NOW, THEREFORE, in consideration of the premises and of the mutual benefits, promises
and agreements herein contained, it is agreed as follows:
1. Section 2 of the agreement is hereby amended by the addition of a sub -section H and
to read as follows:
Vending Machines CAVANAH shall have the right to place and operate
vending machines on the pool deck at the North Palm Beach Country Club and retain commissions
and earnings therefrom. The placement of vending machines and the number of vending machines
allowed on the pool deck shall be mutually agreed upon between CAVANAH and the VILLAGE.
CAVANAH shall not have the right to utilize vending machines from the business known as SAS
Vending and Leasing, Ray Cohen, Jr., or a company in which one Ray Cohen, Jr. is a principal
without the prior written permission of the Village. CAVANAH shall maintain all vending machines
at its expense and keep such machines in good order and repair. CAVANAH shall be responsible for
providing change to vending machine customers and Toss of product due to malfunction of vending
machines located on the pool deck."
2. All terms and provisions of the agreement between the parties that are not specifically
in conflict with this first amendment shall remain in full force and effect.
IN WITNESS WHEREOF, parties hereto have hereunto set their hands and seals on the
?nth day of JANUnav 1999.
Signed in the presence of:
ATTEST:
VILLAGE CLERK
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RICHARD E. CAVANAH, INC.
By: CRi and E. Cavanah, President
THE VILLAGE OF NORTH PALM BEACH