HomeMy WebLinkAbout2024 - Third Amendment to the AgreementDocusign Envelope ID: 85A036DA-2627-4EE0-B564-D444EF5847FE
THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND INTERNATIONAL GOLF MAINTENANCE, INC.
This Amendment to the Agreement ("Amendment") is hereby made and entered into this
28th day of August , 2024, between the City of Sebastian, Florida, a municipal corporation
of the State of Florida, hereinafter referred to as the "City" and International Golf Maintenance,
Inc., ("Contractor").
WITNESSETH
WHEREAS, the City and Contractor entered into an Agreement dated September 25,
2014, for the provision of Golf Course Maintenance Services at the Sebastian Municipal Golf
Course ("Agreement"); and
WHEREAS, the Parties executed the First Amendment to the original Agreement on
September 28, 2016 to provide additional services; and
WHEREAS, the Parties executed a Second Amendment to the original Agreement on July
27, 2022, to incorporate a rate adjustment; and
WHEREAS, the Parties now desire to amend the original Agreement to provide for an
extension of the Term of the Contract by one year (a renewal term of 4 years may be exercised at
a later date upon mutual written agreement); incorporate a rate adjustment and incorporate
necessary Florida public records language.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the parties agree to the following:
AGREEMENT
1. The above recitals are hereby found to be the intent of this Amendment.
2. The terms of the original Agreement are hereby restated and incorporated herein by this
reference. In the extent of a conflict in terms, the terms of this Third Amendment shall
supersede.
3. The term is extended by one year to expire on September 30, 2025.
4. The yearly amount for Golf Course Maintenance for FY25 is hereby established at
$714,800.
5. The following language shall be incorporated herein as an additional term of the original
Agreement:
International Golf Maintenance, Inc. Page 1 of 3
Amendment Three
Docusign Envelope ID: 85A036DA-2627-4EEO-B564-D444EF5847FE
PUBLIC
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONSULTANT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS,
AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL:
iwilliams(a,Citvofsebastian.orL; PHONE: 772-388-8215.
6. Except to the extent specifically provided above, this amendment shall not be interpreted
or constructed as waiving any rights, obligations, remedies, or claims the parties may
otherwise have under the original Agreement.
7. In all other respects except as modified herein, the terms of the original Agreement shall
remain in force and effect.
[Remainder of page left intentionally blank; Signature page follows]
International Golf Maintenance, Inc. Page 2 of 3
Amendment Three
Docusign Envelope ID: 85A036DA-2627-4EE0-B564-D444EF5847FE
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and
understood each and every provision hereof, the parties have caused this third Amendment to be
executed as of the date first written above.
INTERNATIONAL GOLF MAINTENANCE, INC.
CITY OF SEBASTIAN, FL
By:
By:
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Namerric Burk
Brian Benton
Title: CFO
City Manager
Date:? AM PDT
Date:8/29/2024 1 6:17:25 PM EDT
ATTEST
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Jeanette Williams, MMC
City Clerk
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
Jennifer D. Cockcroft, Esq.
City Attorney
International Golf Maintenance, Inc. Page 3 of 3
Amendment Three