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2024-13 FY 2024 Country Club Budget AmendmentORDINANCE NO. 2024-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED COUNTRY CLUB BUDGET FOR FISCAL YEAR 2024 TO TRANSFER $328,001.00 FROM THE APPROPRIATED NET POSITION ACCOUNT TO THE CONTRACTUAL SERVICES ACCOUNT TO FUND THE CONTRACTUAL PAYMENT TO FARMER'S TABLE FOR THE AMORTIZED COST OF IMPROVEMENTS AT THE COUNTRY CLUB; APPROVING THE PAYMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with the terms of the Restaurant Operator Agreement with Farmer's Table to Conduct Food and Beverage Operations at the North Palm Beach Country Club ("Lease Agreement"), the Village is obligated to pay the amortized cost of the Pavilion Improvements and Pool Concession Improvements (collectively "Improvements") at the Country Club upon expiration or termination of the Lease Agreement; and WHEREAS, through the adoption of Resolution No. 2024-65 on July 18, 2024, the Village approved a Fourth Amendment to the Lease Agreement providing for an expiration date of September 30, 2024 and the payment of 50% of the cost of the Improvements or $328,000.78 within ten days of the expiration date; and WHEREAS, the payment to Farmer's Table will increase the total amount of the Country Club budget; consequently, the transfer must be accomplished by Ordinance as required by Section 166.241, Florida Statutes; and WHEREAS, the Village Council determines that the adoption of this budget amendment and approval of the payment to Farmer's Table is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are hereby ratified as true and correct and incorporated herein. Section 2. The Village Council hereby amends the adopted Village of North Palm Beach Country Club budget for Fiscal Year 2024 as follows: Budget Amendment: Fund Account Description Use Source Country Club L4600-09100 Appropriated Net Position $328,001 Country Club L8053-33491 Contractual Services $328,001 Total $328,001 $328,001 Section 3. The Mayor and Village Clerk are hereby authorized and directed to execute the budget amendment for and on behalf of the Village of North Palm Beach. The Village Council Page 1 of 2 further approves the payment to Farmer's Table NPB, LLC in the amount of $328,000.78 pursuant to the terms and conditions of the Lease Agreement, as amended, with funds expended from Account No. L8053-33491 (Country Club — Contractual Services). The payment shall be subject to any offset for monies due and owing the Village. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance. Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall be effective immediately upon adoption. PLACED ON FIRST READING THIS 22ND DAY OF AUGUST, 2024. PLACED ON SECOND, FINAL READING AND PASSED THIS 12m DAY OF SEPTEMBER, 2024. 0.9 (V* (V' Seal) <. FLORIDA . ATTEST: VILLAGE C RK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Sl - VILLAGE ATTORNEY Page 2 of 2 MA O