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repealed to the extent of such conflict.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