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2017-30 Amendment to Lease Agreement for Food and Beverage OperationsRESOLUTION 2017 -30 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF (/ NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE MONTH TO MONTH LEASE AGREEMENT WITH RBI RESTAURANT, LLC FOR FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2016 -55 on September 8, 2016, the Village Council approved a Month to Month Lease Agreement to Provide Food and Beverage Operations at the North Palm Beach Country Club ( "Lease Agreement ") with RBI Restaurant, LLC; and WHEREAS, due to circumstances arising out of the timing of the demolition of the existing clubhouse, the parties have agreed to execute an Amendment to the Lease Agreement to reduce the monthly rent; and WHEREAS, the Village Council determines that the execution of the Amendment to the Lease Agreement is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby approves an Amendment to the Month to Month Lease Agreement to Conduct Food and Beverage Operations at the North Palm Beach Country Club with RBI Restaurant, LLC, a copy of which is attached hereto and incorporated herein by reference, and authorizes the Mayor and Village Clerk to execute the Amendment on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 13" DAY OF APRIL, 2017. (Village Seal) ATTEST; l Gill 'G'� VILLAGt CLE k"', Q Cal,- 0 MAYOR AMENDMENT TO MONTH TO MONTH LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB THIS AMENDMENT is made and entered into this 4,� day of April, 2017 by and between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, having its main office at 501 U.S. Highway One, North Palm Beach, Florida 33408, hereinafter referred to as the "VILLAGE" and RBI RESTAURANT, LLC., 140 NE 1St Street, Delray. Beach, Florida 33444, hereinafter referred to as the "LESSEE ". WITNESSETH: WHEREAS, on September 8, 2016, the VILLAGE and LESSEE entered into a Month to Month Lease Agreement to Conduct Food and Beverage Operations at the North Palm Beach Country Club ( "Lease Agreement "); and WHEREAS, upon demolition of the existing clubhouse, the VILLAGE and LESSEE have agreed that LESSEE shall continue to provide food and beverage operations during the construction of the new clubhouse; and WHEREAS, due to changing timelines, LESSEE has incurred significant expense in obtaining portable kitchen facilities for use during the construction activities and has been unable to book future catering events at the existing clubhouse; and WHEREAS, as a result of the foregoing, the parties have agreed to a reduction in the monthly rent for the remainder of the term of the Lease Agreement. NOW THEREFORE, in consideration of the mutual benefits and promises set forth in the Lease Agreement and this Amendment, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. Section 6 of the Lease Agreement, "Schedule of Rent," is hereby amended to provide for a rent of SIX HUNDRED AND FIFTY DOLLARS ($650.00) per month, payable on or before the first day of each month commencing May 1, 2017. 3. Upon termination of the Lease Agreement, the parties shall execute a new Agreement whereby LESSEE shall provide temporary food and beverage operations at the North Palm Beach Country Club during the construction of the new clubhouse. 4. All other provisions of the Lease Agreement, to the extent not expressly modified herein, shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the parties have executed this Amendment on the date first written above. VILLAGE OF NORTH PALM BEACH (VILLAGE SEAL) By: Darryl C. ubrey, Mayor ATTEST: B Y: Melissa Teal, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Leonard G. Rubin, Village Attorney WITNESSED BY: Print Name: RBI STAY, L C By: Name: Randy pstein Title: Managing Member Page 2 of 2