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08-31-2006 VC SP-Mu • • MINUTES OF THE SPECIAL SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 31, 2006 Present: David B. Norris, Mayor Dr. Edward M. Eissey, Vice Mayor William Manuel, President Pro Tem Charles R. O'Meilia, Councilman Judy Pierman, Councilman Mark Bates, Village Manager Glen Torcivia, Village Attorney Christine Wilcott, Deputy Village Clerk ROLL CALL Mayor Norris called the meeting to order at 6:30 p.m. All members of Council were present. All members of staff were present. PURPOSE OF THE MEETING The purpose of the meeting was_t_o_consider_and_take action concerning_the_lease_agreement_to conduct Food and Beverage Operations at the Village of North Palm Beach Country Club Restaurant. Village Attorney Glen Torcivia reviewed options available in regard to the request from Eddie D'Ambra to terminate the restaurant operations lease of J.E.D.L., Inc. and assign the lease to Peas and Carrots Concessions, Inc., Mr. Randy Epstein, President. During discussion, Mr. Torcivia explained that if all parties were agreeable then the lease could be terminated and the remaining two years could be renegotiated with amended language or a new lease could be written. Mr. Torcivia stated that the Village did not have to go out to bid as Mr. D'Ambra was asking for the termination before the lease expired and had a recommendation for a replacement. Mr. D'Ambra stated that he would not agree to terminate the J.E.D.L. lease if a lease was not agreed upon with Mr. Epstein. Village Manager Mark Bates distributed a schedule that showed the deposits held by the Village and the financial obligations owed by J.E.D.L., Inc. Mr. D'Ambra responded that he is willing to pay what is owed. Mr. Bates clarified that the deposit amount on the schedule does not include any interest accrued, but would be included. Mr. D'Ambra said he would assist in the transition. Mr. Randy Epstein, President and CEO of Peas & Carrots Catering, Inc. d/b/a Continental Catering, told the Council he wants to fulfill the remaining 2 years of the restaurant lease. Mr. Epstein said he plans to do renovations such as painting, cleaning and/or replacing the carpeting, re-varnishing the bar, cleaning and/or replacing the kitchen equipment and doing other refurbishing and decorating. Vice Mayor Eissey moved that if the parties agree, the Village terminates the existing lease with J.E.D.L., Inc. and re-negotiates a new lease with Peas and Carrots Concessions, Inc. for the balance of the remaining 2 years, to include that renovations and updates to the existing facilities MINUTES OF THE SPECIAL SESSION AUGUST 31, 2006 be performed and that any existing bookings be honored; and providing that the Village has • come to an agreement with the previous tenant on the past due amount and all outstanding financial obligations be paid and settled in full. Councilman Manuel seconded the motion. During further discussion Mr. D'Ambra restated that he and his wife would agree to terminate the existing lease only if the Council enters into a new lease with Mr. Epstein. Discussion took place regarding reassignment of the existing lease. Mr. Torcivia explained that if the lease was reassigned then J.E.D.L., Inc. would still be responsible. Mr. Epstein stated he needed a minimum time of 2 years to make the improvements and after the two years be considered as a bidder or to re-negotiate the lease for a longer term. Mr. Torcivia explained the process for implementing the terminated and new agreements. The motion passed 4-1. Mayor Norris, Vice Mayor Eissey, President Pro Tem Manuel and Councilman Pierman voted aye and Councilman O'Meilia opposed. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 7:35 p.m. Christine Wilcott, Deputy Village Clerk • • Page 2 of 2