2017-50 Second Amendment to Lease Agreement for Food and Beverage OperationsRESOLUTION 2017-50
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT
TO THE MONTH TO MONTH LEASE AGREEMENT WITH
RBI RESTAURANT, LLC FOR FOOD AND BEVERAGE OPERATIONS AT
THE NORTH 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, through the adoption of Resolution No. 2017-30 on April 13, 2017, the Village Council
approved an Amendment to the Lease Agreement to reduce the monthly rent commencing on
May 1, 2017; and
WHEREAS, due various circumstances arising out the demolition of the existing clubhouse, the
parties wish to again amend the Lease Agreement to eliminate the monthly rent and provide for a
monthly allowance payable by the Village; 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 a
Second 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 Second 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repealed to the extent of such conflict.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 13T' -'DAY OF JULY, 2017.
(V.illage Seal)
ATTEST:
VILLAGE CLERK
. P "/
MAYOR
SECOND AMENDMENT TO
MONTH TO MONTH LEASE AGREEMENT
TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT
THE NORTH PALM BEACH COUNTRY CLUB
THIS SECOND AMENDMENT is made and entered into this lj,day of July, 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, on April 13, 2017, the VILLAGE and LESSEE entered into an Amendment to the
Lease Agreement to reduce the monthly rent from $3,000.00 to $650.00 commencing May 1,
2017; and
WHEREAS, due delays in the demolition of the existing clubhouse, LESSEE has been unable to
book future catering events and will incur a substantial loss in revenue during the summer
months; and
WHEREAS, the VILLAGE wishes to continue to provide food and beverage services at the
existing clubhouse as an amenity through the actual date of demolition and the parties have
agreed to once again review the terms of the Lease Agreement.
NOW THEREFORE, in consideration of the mutual benefits and promises set forth in the Lease
Agreement, as amended, 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 deleted in its entirety
and the following is substituted in its place:
6. SCHEDULE OF RENT
Commencing on July 1, 2017, the rent for the Premises paid by LESSEE to the
VILLAGE shall be reduced to zero. In lieu of rent, and as an inducement to
LESSEE to continue to provide food and beverage operations through the date of
termination of this Agreement, commencing on July 1, 2017, the VILLAGE shall
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pay to LESSEE the sum of THREE THOUSAND FIVE HUNDRED DOLLARS
($3,500.00) per month as an allowance, payable on or before the first day of each
month through September 30, 2017. Furthermore, the VILLAGE shall refund to
LESSEE the sum of ONE THOUSAND THREE HUNDRED DOLLARS
($1,300.00), representing LESSEE's prepayment of rent for the months of July
and August, 2017.
3. Section 3 of the Amendment to the Lease Agreement, providing for the execution of a
new Agreement for temporary food and beverage services during construction activities, is
hereby deleted.
4. All other provisions of the Lease Agreement, as amended, to the extent not expressly
modified herein, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment on the date first written
above.
VILLAGE OF NORTH PALM BEACH
(VILLAGE SEAL) By: kL-4,A,14 � C Qj2:1n,
amyl C. Ivubrey, Mayor
ATTEST:
By:
Melissa Teal, Village Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Leonard G. Rubin, Village Attorney
WITNESSED BY:
Print Name:
RBI TAURANT LLC
By:
Name: kandy stein
Title: Managing Member
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