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Amendment No. 1 to the Agreement with Showturf, LLC 0014 - 2 ft/2 AMENDMENT NO.1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SHOWTURF, LLC, DATED OCTOBER 22, 2012 This Amendment No. 1 (the "Amendment") to the Agreement is entered into this itTjj day of 4)L`l , 2016 (Effective Date), by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and Showturf, LLC, a Florida limited liability company, having its principal place of business at 1365 Neptune Drive, Boynton Beach, Florida 33426, and hereby amend the Agreement as follows: RECITALS WHEREAS, on July 18, 2012, the Mayor and City Commission adopted a Memorandum, approving the award of Invitation to Bid ("ITB") No. 45-11/12 for the lease of golf course turf maintenance equipment for the Normandy Shores Golf Club; and WHEREAS, on October 22, 2012, the City and Consultant executed the Agreement with respect to Invitation to Bid No. 45-11/12 (the "Agreement"), which services include the lease of Golf Course Turf Maintenance Equipment for the Normandy Shores Golf Club; and WHEREAS, on June 8, 2016, the Mayor and City Commission adopted Resolution No. 2016-29426, approving and authorizing the City Manager to execute Amendment No. 1 to the Agreement, extending the term of the Agreement for a period not to exceed one (1) year, commencing on September 23, 2016 and expiring on September 22, 2017, and providing the City the right to terminate the Agreement for convenience, upon thirty(30) days prior written notice. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Consultant hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Term of the Agreement is hereby extended for a period not to exceed one (1) year, commencing on September 23, 2016 and expiring on September 22, 2017. Notwithstanding this extension, the City, through its City Manager, shall have the right to terminate the Agreement, for its convenience and without cause, upon providing Showturf, LLC thirty (30) days prior written notice. If the Agreement is terminated for convenience by the City, Showturf, LLC shall be paid for any services satisfactorily performed up to the date of termination, Page 1 of 3 following which the city shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 2 of 3 FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: //// � By: i Raf el E. Gra ado, City Clerk Philip L"evYe Mayor .. ( 2 Zo►� ���a�� / Date ' r g': \,; FOR CORPORATION: v % ` r)RATED SHOWTURF, LLC V .i�ccRP ATTEST: 41 �^ By: itt. ► LAO tilGrIC: (br Chi 4 tieydt 1W ,r-rE(r1 Print Name Print Name x-/20 / I ( Date APPROVED AS TO FORM & LANGUAGE elk & FOR EXECUTION NOV� City Attorney /'�i, Date • Page 3 of 3