Loading...
2016-31 Amendment to License Agreement for Use of PoolRESOLUTION 2016 -31 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE LICENSE AGREEMENT WITH RICHARD E. CAVANAH, INC. FOR USE OF THE COUNTRY CLUB POOL FOR ORGANIZED SWIM TRAINING ACTIVITIES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2015 -41, the Village Council approved the execution of a License Agreement with Richard E. Cavanah, Inc. to utilize the Country Club pool for organized swim training activities; and WHEREAS, the parties wish to execute an Amendment to the License Agreement to: renew the License of an additional one -year term; authorize future renewals by the Village Manager; and modify the Scope of the License (hours); and WHEREAS, the Village Council determines that the approval and execution of an Amendment to the License Agreement is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby approves an Amendment to the License Agreement with Richard E. Cavanah, Inc. for use of the Country Club pool, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendment on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 26TH DAY OF M) (Village Seal,), ATTEST: VILLAGE CL RK AMENDMENT TO LICENSE AGREEMENT THIS AMENDMENT is made and entered into this day of May, 2016 by and between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, 501 U.S. Highway One, North Palm Beach, FL 33408, hereinafter referred to as "VILLAGE ", and RICHARD E. CAVANAH, INC., a Florida corporation, 100 Fathom Road, North Palm Beach, FL 33408, hereinafter referred to as "CAVANAH." WITNESSETH: WHEREAS, the VILLAGE and CAVANAH entered into a License Agreement dated May 28, 2015, whereby the VILLAGE granted CAVANAH a non - exclusive license to utilize the North Palm Beach Country Club pool for organized swim training activities; and WHEREAS, Section 3 of the Agreement provides that the term of the license expires on May 31, 2016, and may be renewed for successive one -year terms by mutual written agreement of the parties; and WHEREAS, the parties wish to amend the License Agreement to provide for an additional one -year term, allow for future renewals of the License by the Village Manager, and modify the Scope of the License to accommodate the hours the pool is open to the general public. NOW, THEREFORE, in consideration of the mutual benefits and promises set forth in the License Agreement as modified herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the VILLAGE and CAVANAH agree as follows: 1. Pursuant to Section 3 of the License Agreement, the parties hereby renew the License for an additional one -year term through May 31, 2017. Furthermore, Section 3 of the Agreement is modified to provide that future one -year renewals of the License may be executed by the Village Manager without need to formally amend the License Agreement. 2. Section 2.A of the License Agreement is modified to read as follows (additional language is underlined and deleted language is s4ieken dffe gh): The VILLAGE shall allow CAVANAH to occupy portions of the Country Club pool ( "Licensed Area ") to conduct Swim Training Activities during the following hours: NPB Masters (Year Round): Monday through Friday, 6:00 a.m. to 7:00 p.m. Monday, Tuesday and Thursday, 6:30 p.m. to 8:00 p.m. Page 1 of 3 Youth Swim Team (Summer): Monday through Saturday, X00 6:30 a.m. to 10:00 9:30 a.m. Monday through Thursday, 4:30 p.m. to 6:00 p.m. Youth Swim Team (Winter): Monday, 4-00 4:30 p.m. to 7-30 8:00 p.m. Friday, 4-00 4:30 p.m. to 6-30 7:00 p.m. Saturday, 6:30 a.m. to 10:00 a.m. Water Polo (Summer): Wednesday, 6:30 p.m. to 8:00 p.m. Friday, 5:00 p.m. to 6:30 p.m. Water Polo (Winter): Wednesday, 6:30 p.m. to 8:00 p.m. Friday, 6:30 p.m. to 8:30 p.m. For the purposes of this section, Winter hours shall be in effect from the day after Labor Day through Memorial Day, and Summer hours shall be in effect from the day after Memorial Day through Labor Day. 3. All other provisions of the License Agreement, to the extent not expressly modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to License Agreement as of the date first above written. (VILLAGE SEAL) ATTEST: By: VILLAGE CLERK VILLAGE: VILLAGE OF NOR j jALNygACH, a Florida un iva of 66n IC Page 2 of 3 AVIRl,,R'IS, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: VILLAGE ATTORNEY Witnesses: l%p-k Print Name: Ako'ry— Howell Print Name: CAVANAH: RICHARD E. CAVANAH, INC., a Florida corporation By: Tit t Name: w�C ��R� Title: 'Pftn;- J. - Page 3 of 3