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2005-077 J.E.D.L. Inc. Renewal Agreement CClub RestaurantRESOLUTION 77-2005 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 RENEWAL LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB WITH J. E. D.L., INC., A FLORIDA CORPORATION, ATTACHED AS EXHIBIT "A", WHICH RENEWAL AGREEMENT EXTENDS THE TERM OF LEASE FOR THREE (3) YEARS COMMENCING OCTOBER 1, 2005 AND TERMINATING SEPTEMBER 30, 2008; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council ofthe Village ofNorth Palm Beach, Florida, does hereby approve the Renewal Lease Agreement to conduct food and beverage operations at the North Palm Beach Country Club with J.E.D.L., Inc., a Florida corporation, attached as Exhibit "A", which Renewal Agreement extends the term of lease for three (3) years commencing October 1, 2005 and terminating September 30, 2008. Section 2. The Village Council does hereby authorize and direct the Mayor and Village Clerk to execute the Renewal Lease Agreement with J.E.D.L., Inc., 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 1st DAY OF (ViLage Seal) ATTEST: _ _---- ~ ,~ , VILLAGE CLE RENEWAL LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CL UB THIS RENEWAL LEASE AGREEMENT is made and entered into this ~S/ day of ~~~~/~~~~~~- , 2005, by and between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter called "VILLAGE", and J.E.D.L., INC., a Florida corporation, hereinafter called "LESSEE". WITNESSETH: WHEREAS, VILLAGE and LESSEE entered into a Lease Agreement to conduct food and beverage operations at the North Palm Beach Country Club dated September 12, 2002; and WHEREAS, VILLAGE and LESSEE are desirous of renewing the Lease Agreement for a three (3) year period pursuant to Paragraph 19.A. of the Lease Agreement and in accordance with the terms and provisions herein. NOW, THEREFORE, in consideration of the premises and of the mutual benefits, promises and agreements herein contained, it is agreed as follows: I . VILLAGE and LESSEE agree to extend the term ofthe Lease Agreement for three (3) years commencing October 1, 2005, and terminating September 30, 2008. 2. The parties agree to amend Subsection "B" of paragraph 9, Lessor Obligations, and to read as follows: "B. The VILLAGE shall purchase a new point of sale (POS) computerized cash register "system" to include accompanying and compatible hardware, software and maintenance. LESSEE agrees to lease said system from the VILLAGE in monthly installments for the three-year extension of this lease. The amount of monthly installments shall be limited to a maximum of $350.00. Consumable supplies (ink, receipt tape, etc.) shall be paid for Renewal Lease Agreement to Conduct Food and Beverage Operations at the North Palm Beach Country Club Page 2 separately by LESSEE." 3. The parties agree to amend Section 17, Schedule of Rent, and to read as follows: "17. SCHEDULE OF RENT. During the renewal term of lease, LESSEE shall pay VILLAGE rent during the renewal term of Lease an annual fee in the amount of $120,000 (plus Florida State Sales Tax thereon). This fee shall be paid in monthly installments at the beginning of each month unless otherwise agreed to in writing by the Village Administration. During periods of extended course closure (more than 4 weeks), the monthly lease payment shall be reduced by $2,000. Any reference to rent in paragraph 17 is exclusive of Florida State Sales Tax and LESSEE shall in addition pay all Florida State Sales Tax on the rent paid to VILLAGE." 4. Paragraph 19, Option to Renew, is hereby deleted and shall not be carried forth in this Renewal Lease Agreement. Renewal Lease Agreement to Conduct Food and Beverage Operations at the North Palm Beach Country Club Page 3 All terms and provisions of the Lease Agreement between the parties that are that are not specifically in conflict with this Renewal Lease Agreement shall remain in full force and effect VILLAGE F NORTH PALM BEACH (VILLAGE) By: %~%' ' its ayor ATTEST: (Village Seal) VILLAGE CLERK WITNESS: J.E.D.L , C. ) _ . `~/