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R2020-05 First Amendment to Tennis Academy Licence Agreement with JKTA,LLCRESOLUTION 2020-05 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE LICENSE AGREEMENT WITH JTKA, LLC TO OCCUPY SPACE AT THE NORTH PALM BEACH COUNTRY CLUB TO OPERATE A TENNIS ACADEMY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE FIRST AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2019-108, the Village Council approved a License Agreement with JKTA, LLC to occupy space at the Country Club Tennis Center to operate the Johan Kriek Tennis Academy in accordance with the terms and conditions set forth therein; and WHEREAS, the Village and JKTA, LLC wish to execute a First Amendment to the License Agreement to modify the term and the payment provisions; and WHEREAS, the Village Council determines that the approval and execution of a First Amendment to the License 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 License Agreement with JKTA, LLC, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the First 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 All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict.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 23' DAY OF JANUARY, 2020. (Village Seal) ATTEST: VILLA E CLERK 'MAYOR FIRST AMENDMENT TO LICENSE AGREEMENT �- THIS FIRST AMENDMENT is made and entered into thisZ' day of 2020 by and between the VILLAGE OF NORTH PALM BEACH, a lorida munic corporation, 501 U.S. Highway One, North Palm Beach, FL 33408, hereinafter referred to as "VILLAGE", and JKTA, LLC, a Florida limited liability company, 6321 PGA Boulevard, Suite 104-311, Palm Beach Gardens, FL 33418, hereinafter referred to "JKTA." WITNESSETH: WHEREAS, the VILLAGE and JKTA executed a License Agreement dated September 26, 2019 for the operation of the John Kriek Tennis Academy on courts located at the North. Palm Beach Country Club Tennis Center; and WHEREAS, the parties have agreed to modify the terms of the License Agreement relating the commencement date and the payment schedule. NOW, THEREFORE, in consideration of the mutual benefits and promises set forth herein and in the Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the VILLAGE and JKTA agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. Section 3 of the License Agreement is hereby amended to read as follows (deleted language is stricken thxo r'rh and additional language is underlined): 3. TERM OF THE LICENSE. The term of the License granted herein shall be from On+� November 1, 2019 through September 30, 2020 ("License Term"). Payments shall be due prior to the first (1S) day of each month and shall be considered late by the fifteenth (15th) day of each month. 3. Section 4 of the License Agreement is hereby amended to read as follows (deleted language is tr-ieke„ thfough and additional language is underlined): 4. PAYMENT. A. As consideration for the grant of the License by the VILLAGE, JKTA shall pay to the VILLAGE the sum of Nineteen Thousand Five 14u ed Dollars ($19,500.00) Eighteen Thousand Dollars ($18,000.00) over the License Term, payable as follows: (1) First three months (Oetobe November through Deeembef January): $1,000 per month; Page 1 of 3 (2) Son Next three months (Jany February through Mar -eh GApril): $1,500 per month; and (3) Fi ').E Next four months (mil May through September August): $2,000 per month -;Land Final month (September): $2,500. B. in the event h G.TI AZA does not eeeupy the T ive se Are > > the r-eRl for the month of Oetobef shall be pr-er- Prior to occupying the Licensed Area and conducting the Academy at the Tennis Center, JKTA shall pay to the VILLAGE a sum equal to the first month's rent, the last month's rent and a security deposit in the amount of $1,000.00. 4. All other provisions of the License Agreement, to the extent not expressly modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this License Agreement as of the date first above written. VILLAGE: VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation (IY,LAFJ,EA). 4A , By:.� . DARRYL AtT01REY, Mayor ATTEST: By: V IJLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: f 17 By: VILLAGE ATTORNEY Page 2 of 3 JKTA: JKTA, LLC, a Florida limited liability company. Witnesses: L�6i4u.CL e� By: y Print Name: JaC Ni GaLJRD411T.;, t Ov i t Name: ri r 4'�',J7 or Print Name: ✓®�, f��,�, �/� /�� Title: Page 3 of 3