2017-98 Third Amendment to Food and Beverage Lease AgreementRESOLUTION 2017-98
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A THIRD 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 ("Lessee"); 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, through the adoption of Resolution No. 2017-50 on July 13, 2017, the Village Council
approved a Second Amendment to the Lease Agreement to eliminate any monthly rental payment,
provide for the payment of an allowance to Lessee, and refund certain prior rental payments; 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 payment of a monthly allowance
to Lessee by the Village effective October 1, 2017 and provide for beverage service only upon
written notification 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 Third 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 Third 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repealed to the extent of such conflict.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 26DAY OF OCTOBER, 2017.
(Village Seal)
MAYOR
ATTEST:
&��A a nv"<�—
VILLAGE CLERK
THIRD AMENDMENT TO
MONTH TO MONTH LEASE AGREEMENT
TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT
THE NORTH PALM BEACH COUNTRY CLUB
THIS THIRD AMENDMENT is made and entered into thisl day of October, 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, on July 13, 2017, the VILLAGE and LESSEE entered into a Second Amendment to
the Lease Agreement to eliminate the rental payment effective July 1, 2017, provide for an
allowance of $3,500.00 per month payable by the VILLAGE to LESSEE, and provide for the
refund of certain prior rent payments paid by LESSEE to the VILLAGE; 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 modify 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 October 1, 2017, LESSEE shall not be required to pay any monthly
rent to the VILLAGE nor shall the VILLAGE be required to pay any monthly
allowance to LESSEE.
Page 1 of 2
3. LESSEE shall continue to occupy that portion of the Country Club as specified in the
Lease Agreement and provide food and beverage operations for the remainder of the term of the
Lease Agreement.
4. LESSEE shall eliminate food services but continue to provide beverage services in the
bar area of the Country Club or in portable facilities made available by the VILLAGE as well as
beverage cart services on the golf course when requested by the VILLAGE.
5. 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 SEAL)
ATTEST:
By:
Melissa Teal, Village Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Leonard G. Rubin, Village Attorney
WITNESSED BY:
Print Name:
VILLAGE OF NORTH PALM BEACH
By:AAM
Darryl C. 4dbrey, Mayor
RBI TAURANT LLC
By:
Name: Randy fpstein
Title: Managing Member
Page 2 of 2