R2024-65 Fourth Amendment to the Resturant Operator Agreement with Farmer's Table NPB,LLCRESOLUTION 2024-65
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A FOURTH AMENDMENT TO THE
RESTAURANT OPERATOR AGREEMENT WITH FARMER'S TABLE NPB,
LLC TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH
PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE FOURTH 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, through the adoption of Resolution No. 2019-49 on June 27, 2019, the Village Council
approved a First Amendment to 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, through the adoption of Resolution No. 2019-71 on July 25, 2019, the Village Council
approved a Second Amendment to the Lease Agreement to allow the assignment of the lease to
Farmer's Table NPB, LLC, with Farmer's Table, LLC remaining as the guarantor; remove the deposit
requirement; clarify that the furniture will be the property of the Village and ensure replacement
furniture is of the same quality; and provide authorization for the construction of improvements to
the outdoor pavilion, including payment of all costs by Farmer's Table and the amortization of such
costs; and
WHEREAS, through the adoption of Resolution No. 2019-109 on September 26, 2019, the Village
Council approved a Third Amendment to the Lease Agreement to revise the process for the review
and funding of the pavilion improvements as set forth in the Second Amendment and to provide for
amortization of both the pavilion improvements and the pool concession improvements; and
WHEREAS, the Village Council determines that the execution of the Fourth Amendment to the Lease
Agreement is in the best interests of the Village and its residents.
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
Fourth Amendment to the Restaurant Operator Agreement with Farmer's Table NPB, LLC to
Conduct Food and Beverage Operations at the North Palm Beach Country Club. The Village Council
further authorizes the Mayor and Village Clerk to execute the Fourth 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.
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Section 4. This Resolution shall take effect immediately upon adoption.
OFLORID OPTED THIS 18th DAY OF JULY, 2024.
��MAYOR
ATTEST:4i�
VILLAGE CLERK
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FOURTH AMENDMENT TO
RESTAURANT OPERATOR AGREEMENT
TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT
THE NORTH PALM BEACH COUNTRY CLUB
THIS FOURTH AMENDMENT is made and entered into this 18th day of July, 2024 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” or “LESSOR”) and FARMER’S NPB 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, on June 27, 2019, the VILLAGE and LESSEE executed a First Amendment to the
Lease Agreement (“First Amendment”) to specifically authorize LESSEE to sell food and
beverages, including alcoholic beverages, on the golf course and enable LESSEE to obtain an
alcoholic beverage license covering the entire Country Club property; and
WHEREAS, on July 25, 2019, the VILLAGE and LESSEE executed a Second Amendment to the
Lease Agreement (“Second Amendment”) to: provide for the assignment of the Lease Agreement
to Farmer’s Table NPB, LLC, with LESSEE remaining the Guarantor; clarify the provisions
regarding furniture and furniture replacement; recognize capital improvements to the Premises
funded by LESSEE and provide for an amortization schedule; and remove the requirement for a
deposit; and
WHEREAS, on September 26, 2019, the VILLAGE and LESSEE executed a Third Amendment
to the Lease Agreement (“Third Amendment”) to revise the process for the review and funding of
the Pavilion Capital Improvements as set forth in Section 5 of the Second Amendment and to
provide for amortization of the Pool Concession Improvements; and
WHEREAS, the parties wish to again amend the Lease Agreement to provide for an agreed upon
expiration date and confirm the procedure and amount of the VILLAGE’s payment of the
amortized cost of the Pavilion Improvements and Pool Concession Improvements.
NOW THEREFORE, in consideration of the mutual benefits and promises set forth in the Lease
Agreement, as amended, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Recitals. The foregoing recitals are ratified as true and incorporated herein.
Docusign Envelope ID: 1612E742-A0C7-498E-9E16-5999FEF1FFAB
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2. Termination of Lease Agreement. Notwithstanding any conflicting provisions set forth in
Section 2 of the Lease Agreement, the VILLAGE and LESSEE mutually agree that the Lease
Agreement shall expire on September 30, 2024. LESSEE shall cooperate with the VILLAGE and
the new vendor selected by the VILLAGE to provide Restaurant and Catering Services at the
Country Club to ensure a smooth transition of such services, with the new vendor commencing
Restaurant and Catering Services as of October 1, 2024.
3. Payment of Amortized Improvement Costs.
A. In accordance with Section 5 of the Third Amendment, the VILLAGE and LESSEE agree
that the payment due to LESSEE for the cost of the Pavilion Improvements and Pool Concession
Improvements shall equal $328,000.78 (or fifty percent (50%) of the actual cost).
B. The VILLAGE shall pay the amortized cost in accordance with the provisions and
requirements of Section 5.E of the Third Amendment, utilizing September 30, 2024 as the
expiration date of the Lease Agreement.
4. Remaining provisions. All other provisions of the Lease Agreement, as amended, shall
remain in full force and effect except as expressly modified by this Fourth Amendment.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment on the date first
written above.
VILLAGE OF NORTH PALM BEACH
VILLAGE SEAL) By:_______________________________
Susan Bickel, Mayor
ATTEST:
By:_______________________________
Jessica Green, MMC, Village Clerk
WITNESSED BY:
Print Name:
Print Name:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By: _______________________________
Leonard G. Rubin, Village Attorney
Docusign Envelope ID: 1612E742-A0C7-498E-9E16-5999FEF1FFAB
Chuck Huff
Samia Janjua
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FARMER’S TABLE NPB, LLC
Lessee)
By:______________________________
Print Name:
Title:
WITNESSED BY:
Print Name:
Print Name:
FARMER’S TABLE, LLC
Guarantor)
By:______________________________
Print Name:
Title:
WITNESSED BY:
Print Name:
Print Name:
Docusign Envelope ID: 1612E742-A0C7-498E-9E16-5999FEF1FFAB
Peggy Wysk
Peggy Wysk
Wendy Adel
Wendy Adel