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R2019-49 Amendment to Restaurant Operator AgreementRESOLUTION 2019-49 �— A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A FIRST AMENDMENT TO THE RESTAURANT OPERATOR AGREEMENT WITH FARMER'S TABLE, LLC TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB TO SPECIFICALLY ALLOW FOR FOOD AND BEVERAGE SALES ON THE GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE FIRST AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2019-27 on March 28, 2019, the Village Council approved a Restaurant Operator Agreement to Conduct Food and Beverage Operations at the North Palm Beach Country Club ("Lease Agreement") with Farmer's Table, LLC; and WHEREAS, to enable Farmer's Table to obtain an alcoholic beverage license to sell alcoholic beverages throughout the entire Country Club, the parties wish to amend the Lease Agreement to modify the description of the premises to specifically include the sale of food and beverages, including alcoholic beverages, on the golf course; and WHEREAS, the Village Council determines that the execution of the First 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 First Amendment to the Restaurant Operator Agreement to Conduct Food and Beverage Operations at the North Palm Beach Country Club with Farmer's Table, LLC to specifically authorize the sale of food and beverages, including alcoholic beverages, on the golf course. The Village Council further authorizes the Mayor and Village Clerk to execute the First Amendment, a copy of which is attached hereto and incorporated herein, 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 All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict.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 27TH DAY OF JUNE, 2019. (Village Seal) ATTEST: �'11 zle�e VILLAGE CLERK aQ. 0 — ow" MAYOR FIRST AMENDMENT TO RESTAURANT OPERATOR AGREEMENT TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB THIS FIRST AMENDMENT is made and entered into this day of June, 2019 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 FARMER'S TABLE LLC, a Florida limited liability company, having its principal place of business at 1901 N. Military Trail, Boca Raton, FL 33431 (hereinafter referred to as the "LESSEE"). WITNESSETH: WHEREAS, on March 28, 2019, the VILLAGE and LESSEE entered in a Restaurant Operator Agreement to Conduct Food and Beverage Operations at the North Palm Beach Country Club ("Lease Agreement"); and WHEREAS, the parties wish to amend the Lease Agreement to specifically authorize LESSEE to sell food and beverages, including alcoholic beverages, on the golf course to enable LESSEE to obtain an alcoholic beverage license covering the entire Country Club property. NOW THEREFORE, in consideration of the mutual benefits and promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 1 of the Lease Agreement (Premises and Acceptance by Lessee) is hereby amended to read as follows: Upon the terms and conditions hereinafter contained, and in consideration for the payment of rent hereinafter provided, and for and in consideration of the performance by LESSEE of its other obligations hereinafter contained, the VILLAGE does hereby lease, let and demise unto LESSEE, and LESSEE hereby leases from the VILLAGE, the following facilities within the new Country Club based upon design drawings dated April 13, 2018 and revised as indicated on each document (such design drawings, which are attached hereto and incorporated herein as Exhibit A, are referred to herein as the "Design Documents"): The Restaurant including indoor and covered porch dining areas and indoor/outdoor bar, Kitchen, Snack Bar, Beverage and Server Station, and designated storage areas in the new Village of North Palm Beach Clubhouse Building (the "Exclusive Use Premises"), together with non-exclusive right to the use of the Covered Pavilion, Covered front entry, Pool deck, Banquet Room, Event Lawn, restrooms and other public areas in and around said building, as well as the golf course for food and beverage sales, including alcoholic beverages (the "Non -Exclusive Use Premises" and together with the Exclusive Use Premises, the "Premises"). Page 1 of 2 2. All other provisions of the Lease Agreement, to the extent not specifically 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 WITNESSED BY: Print Name: ame : APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1.0 Leonard G. Rubin, Village Attorney WITNESSED BY: Ir� w� Print Name: %Irl Print Name: VILL GE OF NORTH PALM BEACH By: Darryl Aubr , Mayor FARMER'S TABLE LLC By: 1 C� 1 �` • Print Name: Mitchell Robbins Title: Managing Member c Page 2 of 2