2001-008 NPBCC Restaurant Lease 2nd Amendment• RESOLUTION 08-2001
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A SECOND AMENDMENT TO LEASE AGREEMENT TO
CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH
COUNTRY CLUB WITH J.E.D.L., INC.; AMENDING THE PROVISIONS FOR PAYMENT
OF RENT AND PROVIDING A TAX ESCROW FOR THE FISCAL YEAR 2000-2001 AND
THEREAFTER; PROVIDING REPAYMENT PROVISIONS FOR ARREARAGES OF RENT
DURING FISCAL YEAR 1999-2000; PROVIDING REPAYMENT PROVISIONS FOR AD
VALOREM TAXES ON SUBJECT LEASED PREMISES FOR THE CALENDAR YEAR
2000; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does
hereby approve the Second Amendment to Lease Agreement to Conduct Food and
Beverage Operations at the North Palm Beach Country Club with J.E.D.L., INC., attached
as Exhibit "A", which Second Amendment amends the provisions for payment of rent and
provides a tax escrow from and after October 1, 2000; provides repayment provisions for
arrearages of rent during fiscal year 1999-2000; and provides repayment provisions for ad
valorem taxes on subject leased premises for the calendar year 2000.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to
execute the Second Amendment to Lease Agreement to Conduct Food and Beverage
Operations at the North Palm Beach Country Club with J.E.D.L., INC., set forth in Exhibit
"A" for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 11th DAY OF JANUARY.
(Village Seal)
MAYOR
•
ATTEST: ~
VILLAGE CL RK
+;
THE VILLAGE OF
• NORTH PALM BEACH
VILLAGE HALL•.501 U S. HIGHWAY#1 • NORTH PALM BEACH FLORIDA 33408 <.
TELEPHONE:(561)841-3380 '• -SAX;(581)8484344 ;• ; E-MAIL:-villnp vcom:net ,`
DENNIS W. KELLY
Village Manager
jt
December 29 2000
Mr. Edward D'Arilbra, President
JEDL, Inc.
North Palm Beach Country Club Restaurant
951.U.S. Highway#1
North Palm Beach, Florida 33408.
RE: Second Amendment to Lease Agreement between
the Village of North Palm Beach Lessor and JEDL., Inc.,Lessee
Dear Mr. D'Ambra:
Please find attached a copy of the second amendment to the Lease Agreement as discussed at
the Village,Council meeting of December 14, 2000. It is requested you sign under the JEDL, Inc.
signature block providing two (2) witnesses to the signature and return to the'Village Manager's
Office. Once retumed it will be forwarded to the Village_Clerk's Office for the Mayor and Clerk's
signature, Once,the agreement is fully,executed a conformed copy'will be sent to you for your
records and files.
In accordance with the Village Attorney's suggestion an outline of the payment schedule reflecting
the agreement reached between yourself and the Village Council is attached. The attachment
titled "Agreed Rent and Ad Valorem Payment Schedule reflects the'dollars owed based on the
budgetary amount of $30,000 for budgeted rent In relation to rent actually paid and the balance
agreed to..
It is requested you sign both this letter and Attachment A'acknowledging your.agreeinent of the
payment schedule.. If you have questions regarding these matters, please call. '
Sincerely,
Dennis W. Kelly -
Village Manager
Con Date a D
`Edward D'Ambra,JEDL,Inc.: '
• DK:dw
Attachment
cc: Mayor and Village Council
Shaukat Khan, Finance Director
Ron Albert, Country Club Administrator
ATTACHMENTA
u
Agreed Rent and Ad Valorem Payment Schedule
RENT AND TAX ARREARAGES FY 99-00
Rent per 7% of sales (contract)
Less: Rent charged/received
Rent Arrearage
1. Account #L3253-08100 Food & Beverage Lease (Budgeted)
Less: Rent charged/received
Amounf Agreed to Per 2nd Amendment to Lease Agreement
2. Ad Valorem taxes paid by Village
Amount Agreed to Per 2nd Amendment to Lease Agreement
3. Six percent sales tax on rent due
Required by State Law
4. Six (6) month payment schedule per 2nd Amendment to Lease
Agreement
$41,893.14
-$21,634.75
$20,258.39
$30,000.00
-$21,634.75
$8,365.25
$5,616.03
$5,616.03
$8,365.25
x .06
$501.92
New Rent Total $ 8,365.25
State Sales Tax 501.92
Ad Valorem Tax 5.616.03
TOTAL $14.483.20
Monthly payment commencing January 1, 2001 ($14,483.20 _ 6) _ $2,413.87
• Concur. ~.. Date: A !~L
d d D'Ambra, JEDL, Inc.
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SECOND AMENDMENT TO LEASE AGREEMENT
TO CONDUCT POOb ANb BEVERAGE OPERATIONS AT
THE Nn~ PAL 9EACH GAUNTRY CLUB
THIS SECOND AMENDMENT is to that certain Lease Agreement to Conduct Food
and Beverage Operations at the North Palm Beach Country Club dated the 291h day of
Odober,1999, by and between VII.IAGE OF NORTH PALM BEACH, a Florida muniGpal
corporation, hereinafter called `VILLAGE; and J.E.O.L., INC., a Florida wrporation,
hereinafter called 'LESSEE.'
WITNESSETH:
WHEREAS, VILLAGE and LESSEE are desirous of amending the Lease Agreement
in various respects as hereinafter set forth in this Second Amendment.
NOW, THEREFORE, in consideration of the premises and of the mutual benefits,
promises and agreements herein contained, it is agreed as follows:
The second full paragraph of No. 17, Schedule of Rent, is hereby deleted
and the following paragraphs are added !o No. 17 and to read as follows:
`During the fiscal year that oonvnertces October 1, 2000 and expires September 30, 2001,
LESSEE shall pay monthly rent at the rate of seven percent (7%) of gross sales or two
thousand five hundred (52,500.00) dollars a month, whichever is greater, together with a
monthly escrow ofone-twelfth (1 N 2) of the estimated ad valorem taxes on subject leased
premises which will be based upon the preceding years taxes. ff the monies escrowed
• with LESSOR are insufficient to pay the tax bill received by the Village, LESSEE shall pay
the difference to LESSOR within fifteen (15) days from the date LESSOR notifies LESSEE
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• Second Amendment to Lease ~
Agreement to Conduct Food and aeverage Operations et the North Palm
Beach Country Club
Page 2
of the additional amount due. FlorWa State Sales Tax shall be added to ell rent paid to the
Vllage. LESSEE shall pay rent and ad valorem tax escrow for the fiscal year October 1,
2001, to expiration of the original lease term In the same manner and for the same
amounts as specified herein for fhe fiscal year that commences October !, 2000.
LESSEE shall provide LESSOR with copies of monthly Florida State Sales Tax Reports
immediately upon tiling with the State and all other business records of LESSEE necessary
for LESSOR's determination of the amount of gross sales. LESSEE shall pay LESSOR
any monthly difference of rent by the tenth day of the following month.
LESSEE acknoMAedges that it owes LESSOR the sum of twenty-one thousand four
hundred seventy-three and 89/100 ($21,473.89) rent inGusive of Florida State Sates Tax
for the fiscal year that ended September 90, 2000, and an additional arrearage of flue
thousand six hundred sixteen and 031100 (15,616.03) for ad valorem taxation on subject
leased premises for the calendar year 2000.
LESSOR and LESSEE acknowledge that they have made a settlement of the total
arrearage of $27,089.92 as follows: LESSEE shall pay rental arrearage in an amount the
village budgeted for dining room rental for the fiscal year 1998-2000 less the amount of
rent paid by LESSEE to LESSOR for the 1999 - 2000 fiscal year plus Florida State Sates
Tax thereon; in addition, the settlement figure shall also Include the sum of 55,816.03
which represents the ad valorem taxation on subject lease premises for the calendar year
• 2000. This combined figure shall be fhe settlement figure between the parties and shati
1
be paid by LESSEE to LESSOR in six (6) equal, monthy installments commencing
January 1, 2001 and continuing on the same day of each oonsecutlve month thereafter
• Second Amendment to Lease Agreement to CoMuct Food and Beverage Opereflone at the North Palm
• .Beach Country Club
Pafle 3
until paid. LESSOR agrees to waive the ten (10°x) percent penalty on the arrearages as
set forth in paragraph 22(IIxH) of the Lease 'tf the payments are made In accordance with
the terms hereof; provided, however, ff LESSEE fails to make a monthly payment on the
arrearage in full within thirty (30) days from its due date, the then unpaid principal balance
of the errearege shall become due end payable in full aril thereafter bear interest at the
rate of ten (10°~) percent per annum until paid.
2. LESSEE acknowledges that LESSOR has fully performed all terms and
provisions of this Lease Agreement and is In full compliance with its terms down to date
of this Second Amendment.
3. All terms and provisions of the Lease Agreement and First Amendment to
Lease Agreement between the parties that are not specifically in conflict with this Second
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, parties hereto have hereunto set their hands and seals
on the ~ day of 2001.
VILLAGE OF NORTH PALM BEACH
(VILLAGE)
By:
its ayor
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• (~Ilege Seal)
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Second Amendment to Lease Ap~eemeM to Conduct Food end eeve~pe Operatbns at the Narth Paim
Beach Country Club
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WITNESSES: