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2006-084 First Addendum to Lease Agreement with Peas & Carrots CRESOLUTION 2006-84 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 THE FIRST ADDENDUM TO THE LEASE AGREEMENT WITH PEAS AND CARROTS CATERING, INC., DBA THE CONTINENTAL CATERING, TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB, ATTACHED AS EXHIBIT "A"; 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 First Addendum to the Lease Agreement with Peas and Carrots Catering, Inc., DBA The Continental Catering, to conduct food and beverage operations at the North Palm Beach Country Club, attached as Exhibit "A", which First Addendum to the Lease Agreement addresses the Village's purchase of a new industrial dish machine to be used and rented by Peas and Carrots Catering, Inc., DBA The Continental Catering at the North Palm Beach Country Club. The First Addendum also updates Exhibit "B" to the Lease Agreement by specifying the new dish machine and by removing the reference to 140 stackable chairs, which Village staff removed from the dining room. Section 2. The Village Council does hereby authorize and direct the Mayor and Village Clerk to execute the First Addendum to the Lease Agreement with Peas and Carrots Catering, Inc., DBA The Continental Catering, 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 121 (Village Seal) ATTEST: 1 ~- , ~'i~ VILLAGE CLERK FIRST ADDENDUM TO LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB THIS FIRST ADDENDUM shall become a part of that certain LEASE AGREEMENT between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, having its main office at 501 U.S. Highway 1, North Palm Beach, Palm Beach County, Florida 33408, hereinafter referred to as the "VILLAGE", and PEAS AND CARROTS CATERING, INC. d/b/a THE CONTINENTAL CATERING, a Florida corporation, having its main office at 4521 PGA Blvd., Suite #348, Palm Beach Gardens, Palm Beach County, FL 33418, hereinafter referred to as the "LESSEE". WITNESSETH WHEREAS, VILLAGE and LESSEE entered into the LEASE AGREEMENT on ~~7L,E~.j /,'`cam /~~ a00(, 2006, for LESSEE to conduct food and beverage operations at the North Palm Beach Country Club, and WHEREAS, the North Palm Beach Country Club is in need of a new industrial dish machine for dishwashing, and WHEREAS, VILLAGE and LESSEE agree to modify and amend the LEASE AGREEMENT to address the parties' agreement for the purchase, status, usage and monthly rental of said dish machine. NOW, THEREFORE, WITNESSETH that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: SECTION 1. EFFECT OF THIS FIRST ADDENDUM: This FIRST ADDENDUM shall become part of the LEASE AGREEMENT between VILLAGE and LESSEE for the conduct of food and beverage operations at the North Palm Beach Country Club. If there is any conflict between the terms of this FIRST ADDENDUM and the terms of the LEASE AGREEMENT, the terms of this FIRST ADDENDUM shall control. Unless specifically defined herein, all terms used herein shall have the same meaning as in the LEASE AGREEMENT. Unless specifically modified and amended herein, all terms and conditions in the LEASE AGREEMENT shall remain in full force and effect and apply equally to this FIRST ADDENDUM as part of the LEASE AGREEMENT. SECTION 2. AMENDMENTS AND MODIFICATIONS: The following Sections of the LEASE AGREEMENT are modified and amended as stated below: 1. Add the following as the second sub-paragraph under Paragraph 8 of the LEASE AGREEMENT, entitled "EQUIPMENT AND PERSONAL PROPERTY MAINTENANCE": The VILLAGE will purchase a new industrial dish machine to be installed and used at the demised premises. Said dish machine will be identified on Exhibit "B" as the newly purchased dish machine (2006) and as equipment and personal property of the VILLAGE. LESSEE shall have full use of the dish machine and the sole responsibility for the repair, replacement, maintenance and daily cleaning in accordance with this paragraph 8. LESSEE shall ensure that it makes proper use of said dish-machine in accordance with this paragraph 8. The LESSEE shall notify VILLAGE of any apparent operational dysfunction of any part of said dish-machine in accordance with this paragraph 8. 2. Add the following as the last sub-paragraph of Paragraph 10, entitled "UTILITIES": LESSEE agrees to pay the VILLAGE ONE HUNDRED FIVE DOLLARS ($105) per month for the new industrial dish machine to be installed and used by the LESSEE at the demised premises throughout the term of the LEASE AGREEMENT and any extension and/or renewal thereof. LESSEE'S payment to the VILLAGE for use of the dish machine shall commence on November 1, 2006 and shall be made to the VILLAGE at the same time as the monthly rent is paid by LESSEE in accordance with Paragraph 17 of the LEASE AGREEMENT. LESSEE agrees to pay for any and all charges associated with the installation and usage of the new industrial dish-machine at the demised premises. Said charges to be paid for by the LESSEE may include, but shall not be limited to, upgrading the hot water heater to gas and providing access to the required utilities, in order for the new industrial dish-machine to be used to its full capacity. LESSEE also agrees to move the existing dish table to accommodate the installation of the new industrial dish-machine. 3. Exhibit "B" to the LEASE AGREEMENT entitled "EQUIPMENT AND PROPERTY LIST", shall be replaced with the Exhibit "B" attached hereto and incorporated herein by reference. Two changes are made to Exhibit "B" in this FIRST ADDENDUM to the LEASE AGREEMENT. The first change is a clarification that the dish machine currently listed in Exhibit '`B" be listed as the ``newly purchased dish machine (2006)". The second change is to acknowledge the VILLAGE'S removal of the 140 stackable chairs from the dining room and LESSEE'S provision and use of its own chairs. The "140 stackable chairs" reference is now removed from Exhibit "B". fThe Remainder of this Pale is Intentionally Left Blankl 2 1N WITNESS WHEREOF, the parties have executed this FIRST ADDENDUM to the Lease Agreement as of the date first above written. Witnesses: rint Name: ,~~qy/~~l~ ~~~~~~~ ~- ~ _~ • ~- ~" Print Name: VILLAGE OF NORTH PALM BEACH By: (VILLAGE SEAL) ATTEST: VILLAGE CLERK Witnesses: PEAS AND OTS CATERING, INC. Print Name: ~ es e „• Print Nam Oc~dFx The foregoing instrument was acknowledged before me this /T~ day of~~er, 2006, by ,~i4~//(~ ,8 ,~/p/zlCl S personally known to me or who presented the following identification: /1/ ~ State of Florida County of Palm Beach MELISSA A. TEAL ~L/~ Gfi /!~ ' ~~ •~~Y''~%~~, Notar Public, State of Florida ,~ ;°• ~~ ••:"= i~;Y Ct~MMISSION # DD X137560 y ~•. ,.,o, FxNIR~s: fury 13, zoos Printed Name:_ l/,5.~ .E~~ ';'~'oF ~~~;~~ ~ E~erxied Thru Notary Public Underwriters My Commission Expires: O °/ d/b/a T CO I NT A i By: ~ ~ - %Z"~ . DY PSTEI Pr i nt EXHIBIT "B" TO LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB AS AMENDED BY THE FIRST ADDENDUM EQUIPMENT AND PROPERTY LIST Snack Bar 1 Pizza Oven 1 Char Grill 1 Flat Top Grill 1 Fryolators 1 Baymarie Cooler 1 Pizza Cooler 1 Hood System 1 Chopping Block 1 Stand Lrp Reach-In Cooler 3 Comp Sink 1 Pot Sink Kitrhan Double Stack Convection Oven Fryolators Flat Top 4 Burner Stove w/Oven 2 Door Freezer 1 Walls Inn Cooler 1 S.S. Table 1 Newly Purchased Dish Machine (2006) 1 Ice Machine at side 1 Steam table Bar 1 4 Bay Sink 2 Ice Bins 2 Door Cooler Low Boy 1 2 Door Beer Keg Cooler 1 2 Door Cooler 8 4 Top Table 1 6 Top Table 2 High Top Table 36 Chairs Front Lobby 4 Wicker Chairs 1 Couch Table Dinning Room 17 Assorted Banquet Tables 36 Bar Stools 4