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repealed to the extent of such conflict.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.
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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
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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. -
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