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2015-61 Amendment to Tennis Court Maintenance ContractRESOLUTION 2015 -61 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CONTRACT FOR TENNIS COURT MAINTENANCE WITH SPLASH & SWING, LLC TO EXTEND THE TERM OF THE CONTRACT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, based on the proposals submitted in response to the Village's Request for Proposals, on September 2, 2010, the Village entered into a Contract for Tennis Court Maintenance with Splash & Swing, LLC ( "Contract "); and WHEREAS, the Contract will expire on September 30, 2015, and the Village and Splash & Swing, LLC have agreed to execute an Amendment to the Contract to extend the term through September 30, 2016 at the same rate of compensation; and WHEREAS, the Village Council determines that the adoption of this Resolution 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 hereby approves the Amendment to Contract for Tennis Court Maintenance with Splash & Swing, LLC, 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 All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 24TH DAY OF SEPTEMBER, 2015. (Village Seal) ATTEST: VILLAGE CLERK AMENDMENT TO CONTRACT FOR TENNIS COURT MAINTENANCE THIS AMENDMENT is made as of the day of � 2015, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and SPLASH & SWING, LLC, a Florida limited liability company, hereinafter referred to as the CONTRACTOR. WHEREAS, the VILLAGE and CONTRACTOR executed a Contract for Tennis Court Maintenance dated September 2, 2010 ( "Contract ") to provide all goods and services necessary for tennis court maintenance as required under the Request for Proposals issued by the VILLAGE; and WHEREAS, the Contract will expire on September 30, 2015, and the parties wish to extend the term of the Contract through September 30, 2016. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the VILLAGE and CONTRACTOR agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. The VILLAGE and CONTRACTOR hereby modify Section 2 of the Contract to extend the term through September 30, 2016. CONTRACTOR shall continue to perform the services specified in the Contract during this extended term. 3. The total annual compensation paid by the VILLAGE to CONTRACTOR shall remain at the same rate set forth in the Contract, and CONTRACTOR shall not be entitled to any increase in compensation during the extended term. 4. All other provisions of the Contract, to the extent not expressly modified herein, shall remain in full force and effect. In the event of a conflict between the terms of the Contract and this Amendment, the terms of this Amendment shall control. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Second Amendment as of the day and year first above written. CONTRACTOR: SPLASH & SWING, LLC By: Print Name: Position: OUJI1.) , Page 1 of 2 VILLAGE: BY: V ROBERT GEBBIA, ATTEST: BY: MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: VILLAGE ATTORNEY {LORIDA Page 2 of 2