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HomeMy WebLinkAboutWinter Springs Youth Sports, Inc. First Addendum to Recreational Program Agreement 2021 09 17 FIRST ADDENDUM TO CITY OF WINTER SPRINGS RECREATIONAL PROGRAM AGREEMENT THIS FIRST ADDENDUM TO RECREATIONAL PROGRAM AGREEMENT ("First Addendum") is entered into this day of_' � , 2021,by and between the City of Winter Springs ("City"), a Florida municipal corporation, 1126 East State Road 434, Winter Springs, Florida 32708 and Winter Springs Youth Sports, Inc., a Florida nonprofit corporation ("Youth Sports"). WHEREAS, the City and Youth Sports previously entered into the City of Winter Springs Recreational Program Agreement ("Agreement") for the purpose of permitting Youth Sports to utilize City recreational facilities for its public recreational programs; and WHEREAS,the parties desire and mutually agree to extend the term and otherwise revise the Agreement in accordance with Section 8.5 of the Agreement; and WHEREAS, the City and Youth Sports desire to extend the Agreement for an additional two (2)years and for the implementation of modifications as otherwise provided for herein; and NOW THEREFORE, in consideration of the mutual covenants and provisions hereof, and other good, and valuable consideration, the receipt and sufficiency all of which is hereby acknowledged, the parties desiring to be legally bound do hereby agree as follows: 1.0 RECITALS. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this reference. 2.0 TERM OF AGREEMENT. Section 2.0 of the Agreement is hereby deleted in its entirety and replaced with the following: 2.0 Term of Agreement. The term of this Agreement shall commence on August 1, 2021 and end on July 31, 2023 ("Term"). This Agreement may be extended by mutual agreement of the parties, subject to section 8.5, herein. 3.0 COMPENSATION. Section 8.1 of the Agreement is hereby deleted in its entirety and replaced with the following: 8.1 Youth Sports shall pay the City an annual fee ("Annual Fee") which shall include Spring and Fall league play,two(2)interleague tournaments,try-outs and clinics. The Annual Fee for August 1, 2021 through July 31, 2022("Annual Fee 2021-22") shall be Fourteen Thousand Two Hundred and Ninety-Two Dollars and 00/100 ($14,292.00). The Annual Fee for August 1, 2022 through July 31, 2023 ("Annual Fee 2022-23") shall be Fourteen Thousand Six Hundred and Forty-Nine Dollars and 30/100 ($14,649.30). Further, Youth Sports shall pay any applicable rental fees for facilities utilized for any additional tournaments or special events not covered by this Agreement. First Addendum to Recreational Program Agreement City of Winter Springs/Winter Springs Youth Sports,Inc. Pagel of 2 4.0 COMPENSATION. Section 8.3 of the Agreement is hereby deleted in its entirety and replaced with the following: 8.3 Annual Fees shall be paid to the City in two(2) equal installments per year. For Annual Fee 2021-22,the first installment of Seven Thousand One Hundred and Forty- Six Dollars and 00/100 ($7,146.00) shall be due to the City on or before August 1, 2021 and the second installment of Seven Thousand One Hundred and Forty-Six Dollars and 00/100($7,146.00) shall be due to the City on or before February 1, 2022. For Annual Fee 2022-23,the first installment of Seven Thousand Three Hundred and Twenty-Four Dollars and 65/100($7,324.65)shall be due to the City on or before August 1, 2022 and the second installment of Seven Thousand Three Hundred and Twenty-Four Dollars and 65/100 ($7,324.65) shall be due to the City on or before February 1, 2023. Failure to make payments within the time proscribed shall result in a five percent(5%)late fee being added to the payment amount. 5.0 OTHER TERMS AND CONDITIONS. Any other term or condition of the Agreement not expressly modified by this First Addendum shall remain in full force and effect. 6.0 CONFLICTS. In the event of any conflict(s) between this First Addendum and the Agreement,this First Addendum shall prevail. AGREED: CITY: YOUTH SPORTS: CITY OF WINTER SPRINGS, WINTF SPRINGS YOUTH SPORTS, INC. A Florida municipal corporation A Flora l a nonprofit corporation Shawn Bo Jaso Maitlai�el, City Man President DATE: IZ/ DATE: l First Addendum to Recreational Program Agreement City of Winter Springs/Winter Springs Youth Sports,Inc. Page 2 of 2