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1999-005 Amendment to Goeltz Agreement - Vending• RESOLUTION N0. 05-99 A RESOLUTION 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 AGRI=EMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AND FRANK "BUDDY" GOELTZ APPOINTING GOELTZ AS TENNIS DIRECTOR AT THE NORTH PALM BEACH COUNTRY CLUB, WHICH AMENDMENT IS FOR THE PURPOSE OF PROVIDING FOR OPERATION AND MAINTENANCE OF VENDING MACHINES AT THE TENNIS PAVILION 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: e io 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 Frank "Buddy' Goeltz, attached as Exhibit "A", which first amendment is for the purpose of providing for operation and maintenance of vending machines at the tennis pavilion at the North Palm Beach Country Club. i n .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 Frank ;Buddy" Goeltz, 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. n U PASSED AND ADOPTED THIS 28th DAY OF JANUARY ~ggg, (Village Seal) ATTEST: • (~'jJJC VILLAGE CLER~e~ r1 LJ F[RST AMENDMENT TO AGREEMENT WITH FRANK "Bi1DDY"C.nF.i,T7. • 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 FRANK "BUDDY" GOELTZ, independent contractor, hereinafter called "GOELTZ". WITNESSETH: WHEREAS, VII,LAGE and GOELTZ entered into the agreement referenced above wherein GOELTZ serves as Tennis Director at the North Palm Beach Country Club; and WHEREAS, VII.LAGE and GOELTZ are desirous of amending the agreement by adding a sub-section H to pazagraph 2 to provide for placement of vending machines at the tennis pavilion at the North Palm Beach County Club and to set forth the rights and obligation of GOELTZ 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 ofthe agreement is hereby amended by the addition of asub-section H and to read as follows: "H. Vending Machines. GOELTZ shall have the right to place and operate vending machines at the tennis pavilion 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 at the pavilion shall be mutually agreed upon between GOELTZ and the VILLAGE. GOELTZ 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. GOELTZ shall maintain all vending • machines at his expense and keep such machines in good order and repair. GOELTZ shall be responsible for providing change to vending machine customers and loss of product due to malfunction of vending machines located in the tennis area." 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 2F3thdayof JANUARY Signed in the presence o£ • 1999. t~ ii (SEAL) FRANK `BUDDY" ELTZ THE L F H P M BEACH MAYOR ATTEST: VILLAGE CLERK • 2