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2004-005 1st Amdmt to CClub Food & Beverage Lease AgrmtRESOLUTION OS-2004 A RESOLUTION OF THE VILLAGE COUNCIL OF THF, VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO F,NTER INTO A FIRST AMENDMENT TO 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 AMENDMENT AUTHORIZES A REDUCTION IN GAS CHARGES PAYABLE BY LESSEE FROM 100 PERCENT TO 70 PERCENT AND AUTHORIZES REIMBURSEMENT OF 30 PERCENT OF ACTUAL MONTHLY RESTAURANT GAS EXPENSES PAID BY LESSEE FROM THE INCEPTION OF THE LEASE; 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 Amendment to 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 Amendment authorizes a reduction in gas charges payable by Lessee from 100 percent to 70 percent and authorizes reimbursement of 30 percent of actual monthly restaurant gas expenses paid by Lessee from the inception of the lease. Section 2. The Village Council does hereby authorize and direct the Mayor and Village Clerk to execute the First Amendment to 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 8th DAY OF JANUARY, 2004. ~~ ,, ~~. (Village Seal) ~ MAYOR ~, ~ - - VILLAGE CLERK FIRST AMENDMENT TO LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB THIS FIRSTAMENDMENT is to that certain Lease Agreement to Conduct Food and Beverage Operations at the North Paim Beach Country Club dated the 12th day of SEPTEMBER 2002, by and between VILLAGE CF 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 are desirous of amending the Lease Agreement in various respects as hereinafter set forth in this First Amendment. NOW, THEREFORE, in consideration of the premises and of the mutual benefits, promises and agreements herein contained, it is agreed as follows: 1. Paragraph 10, Utilities, is hereby amended to read as follows: "The LESSEE shall pay to the VILLAGE his proportionate share of utilities which serve the Country Club building according to the following agreed schedule: Gas - x-99 70% Telephone - 100% Electricity - 60% Satellite Dish - 100°'° Cable Television - 100°'° Water & Sewer - 30% Subsequent to execution of this Lease Agreement, the parties agree to establish the proportionate share that LESSEE shall pay for the alarm system. LESSEE, at its sole cost and expense, shall provide monthly pest Pxtermination forthe leased premises. The VILLAGE shall provide LESSEE with a monthly statement of such costs. The VILLAGE may offset said expenses from the credit sales amount owed to LESSEE. Any balance remaining shall be immediately paid by LESSEE to the VILLAGE." 2. VILLAGE agrees to reimburse LESSEE thirty (30%) percent of gas charges paid by LESSEE from the inception of the Lease Agreement down to date of this First Amendment. 3. All terms and provisions of the Lease Agreement between the parties that are not specifically in conflict with this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, parties hereto have hereunto set their hands and seals on the nth day of JANUARY 200 ~ 4 VILLAGE OF NORTH PALM BEACH (VILLAGE) _ ~ By: its Mayor ATTEST: ,-~ ,- ,,,., i ,,..~~ ~ / VILLAGE CLERK ti ~= ~~ ~ - ~~. E ~,' ~ ,,~, (Village Seal) -- _~ ~ ~_ ~ __ - VILLAGE16781 FirsfAmend 1^.~ITNEcSES: