HomeMy WebLinkAboutBeach Vending Addendum 2015ADDENDUM TO
THIS ADDENDUM TO BEACH VENDING AGREEMENT ("Addendum") is made by and
between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose address is 105
Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and MAGEC, LLC, a Florida limited liability
company, whose address is 14335 Pebble Beach Blvd., Orlando, Florida ("Vendor").
WHEREAS, on April 21, 2015, the Cape Canaveral City Council awarded Vendor a norl
exclusive franchise pursuant to section 54-5 of the Cape Canaveral City Code to provide commercial
beach mobile cart vending services pursuant to the terms and conditions set forth in that certain Vending
Agreement ("Agreement") between the City and Vendor dated May 1, 2015; and
WHEREAS, pursuant to the authority set forth in Article 8 of the Agreement, the City and
Vendor mutually desire to extend the term of the Agreement for four (4) years and six months with the
option to renew for an additional one-year term as authorized by City Code, and to make other, minor
modifications to the Agreement as set forth herein; and
WHEREAS, the City and Vendor desire to set forth their understanding of terms and conditions
of the City's franchise award as set forth in the Agreement and modified by this Addendum.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good, diverse
and valuable considerations, the receipt and sufficiency all or which is hereby acknowledged, the parties
desiring to be legally bound do hereby agree as follows:
1. Recitals. The foregoing recitals are hereby deemed true and correct and by this reference are
incorporated herein as a material part of this Addendum.
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1.4 Motorized Beach Vendine Vehicle or Cart Prohibited. The
apparatus shown in Exhibit "A", attached hereto and incorporated herein
by this reference, shall be pennitted to be utilized as part of the beach
franchise and operation of such vehicle shall not fall under the
prohibition set forth in Section 54-5(e), City Code.
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8.1 Term. The terni of this Agreement shall be for a term of four
(4) years and six (6) months, commencing on the November 1, 2015 and
ending on May 1, 2020. The parties hereto shall have one (1) option to
extend the term of this Agreement for an additional one-year term, Any
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such extension shall be evidenced in a written addendum to this
Agreement executed by both parties hereto.
4. Other Terms and Conditions. Any terms and conditions of the Agreement not expressly
modified by this Addendum shall remain in full force and effect,
IN WITNESS WHEREOF, the parties hereto caused this Addendum to be executed as of the
date first written above.
6 4,10, hA
Aneela Apperson,—(Jify Clerk
STATE OF FLORIDA
COUNTY OF
David L. Greene, City Manager
Date:
0VU 03A
MAGEC, LLC.,
a Florida limited liability company.
By:
Print �Iame/ ec- Alt
Date: 164) 1.2
The foregoing instrument was acknowledged before me this
_Z,T day of 2015,
by` 1,
who executed the foregoing instrument and acknowledged
before me that he/she executed the same for the uses and purposes therein expressed and who is
personally known to me or who has produced as identification and who did take
an oath.
(NOTARY SEAL) Notary Public Signatue
t"
MOLLY ARAB AIL THOMAS
on # FF 1183 75
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'Typed or Printed Notary Name:
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