Loading...
R2022-75 Second Amendment to Licensing Agreement with Richard E. Cavanah, Inc.RESOLUTION 2022-75 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE LICENSE AGREEMENT WITH RICHARD E. CAVANAH, INC. TO UTILIZE THE COUNTRY CLUB POOL FOR ORGANIZED SWIM TRAINING ACTIVITIES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE SECOND AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2019-118 on October 24, 2019, the Village Council approved a License Agreement with Richard E. Cavanah, Inc. to allow Cavanah to utilize the pool at the North Palm Beach Country Club for organized swim training activities; and WHEREAS, through the adoption of Resolution No. 2021-81 on September 23, 2021, the Village Council approved an Amendment to the License Agreement to extend the term through September 30, 2022 and increase the cost of a Swim Team Junior Membership; and WHEREAS, the parties wish to execute a Second Amendment to the Agreement to extend the term through September 30, 2024 and increase the monthly License Payment from $2,000 to $2,100 per month; and WHEREAS, the Village Council determines that the approval and execution of the Second Amendment to the License Agreement is in the best interests of the residents 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 a Second Amendment to the License Agreement with Richard E. Cavanah, Inc. for use of the pool at the North Palm Beach Country Club, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Second Amendment on behalf of the Village. Section 3. All resolutions and parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict.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. (VikRIDA ATT •'•...••' VILLAGE Page 1 of 2 SECOND AMENDMENT TO LICENSE AGREEMENT THIS SECOND AMENDMENT TO LICENSE AGREEMENT is made and entered into this 22nd day of September, 2022, 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 executed a License Agreement dated October 24, 2019 (“Agreement”), for use of the pool located at the Country Club for the purpose of providing organized swim training activities; and WHEREAS, on September 23, 2021, the parties executed a First Amendment to the Agreement to extend the term through September 30, 2022, and the parties wish to again amend the Agreement to extend the term through September 30, 2024 and to increase the monthly payment. NOW, THEREFORE, in consideration of the mutual benefits and promises both set forth herein and in the Agreement, as amended, 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. Recitals: The foregoing recitals are ratified and incorporated herein by reference. 2. Extension of Term: Section 3 of the Agreement is hereby amended to extend the term of the Agreement through September 30, 2024. 3. Increase in License Payment: Section 4 of the Agreement is hereby amended to increase the payment from $2,000 per month to $2,100 per month, plus all applicable taxes, payable in advance of each month during the License Term. 4. Remaining Terms and Conditions: All other terms, conditions and provisions of the Agreement, as amended, shall remain in full force and effect unless modified herein. Remainder of page intentionally blank – signatures on next page] DocuSign Envelope ID: E5E0842F-D1F2-4A90-A01D-C1FC2ECCF0D6DocuSign Envelope ID: 4AD995AE-8334-49CB-B7E8-BAE84927535B Page 2 of 2 IN WITNESS WHEREOF, the parties have executed this Amendment to License Agreement as of the date first above written. VILLAGE: VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation By: _______________________________ DEBORAH SEARCY, MAYOR VILLAGE SEAL) ATTEST: By: ________________________________ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: ________________________________ VILLAGE ATTORNEY CAVANAH: RICHARD E. CAVANAH, INC., a Florida corporation Witnesses: By: ______________________________ Print Name: RICHARD E. CAVANAH PRESIDENT Print Name: DocuSign Envelope ID: E5E0842F-D1F2-4A90-A01D-C1FC2ECCF0D6 RICHARD E CAVANAH DocuSign Envelope ID: 4AD995AE-8334-49CB-B7E8-BAE84927535B Chuck Huff Samia Janjua