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R98-041RESOLUTION NO. R98-4Z/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ADDENDUM NO. I TO THE LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON AND J.C.'S FOOD SERVICE CONCESSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, J.C.'s Food Service Concession (hereinafter referred to as "Concessionaire") and the City of Boynton Beach (hereinafter referred to as "CITY"), entered into a Lease Agreement to provide concession services at the City of Boynton Beach Municipal Golf Course on October 15, 1996; and WHEREAS, city staff has determined that the Lease Agreement should be amended to revise Section 3, "Compensation;" and WHEREAS, the City Commission of the City of Boynton Beach, Florida has been informed by city staff that alternatives to approving this addendum are to enforce the original contract terms or terminate the agreement and re-bid the concession; and WHEREAS, city staff has indicated that the service being provided by Concessionaire has been satisfactory or better to date; WHEREAS, the City Commission has determined that it is in the best interests of the public to execute this addendum to the Lease Agreement between J.C.'s Food Service Concession and the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute Addendum No. 1 to the Lease Agreement between the City of Boynton Beach and J.C.'s Food Service Concession dated October 15, 1996, which Addendum is attached hereto as Exhibit "A" and made a part hereof. Section 2. This Resolution shall become effective immediately upon passage. ADDENDUM NO. 1 TO AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND J.C.'S FOOD SERVICE CONCESSION THIS ADDENDUM, dated the } (`s day of March, 1998, is entered into between the CITY OF BOYNTON BEACH, hereinafter referred to as " City ", and J.C.'S FOOD SERVICE CONCESSION, hereinafter referred to as "Concessionaire ", in consideration of the mutual benefits, terms, and conditions hereinafter specified, and shall constitute part of the Lease Agreement between the City and Concessionaire, dated October 15, 1996 (Resolution R96 -153). WHEREAS, city staff has determined that the Lease Agreement with J.C.'S FOOD SERVICE CONCESSION should be amended to revise Section 3 regarding compensation to City; and WHEREAS, staff has indicated that this revision is necessary for Concessionaire to continue to provide satisfactory service at the City of Boynton Beach Municipal Golf Course. NOW THEREFORE, BOTH PARTIES AGREE AS FOLLOWS: Section 1. That Section 3 "Compensation' of the Lease Agreement between the CITY OF BOYNTON BEACH and J.C.'S FOOD SERVICE CONCESSION, is hereby amended to state that during the lease term, Concessionaire shall pay the City the sum of $500.00 per month during the months of May through October; and during the months of November through April, Concessionaire shall continue to pay twenty (20 %) percent of gross sales from all sales. All other provisions contained in Section 3 and the the original agreement dated October 15, 1996 remain unchanged. Section 2. Each person signing this Addendum on behalf of either party individually warrants that he or she has full legal power to execute this Addendum on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Addendum. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this J 1'�` day of March, 1998. CITY OF BOYNTON BEACH J.C.'S fe!' S ICE CO SION T;774c- tit) Mayor President ,\11 Ii 111111/111// ," II, ,,' -< ON q,... ///_ .,':x' - -t; '~ ,-~. ...-..... 4(1 ~ ~ ('" .....l~..S),.I\ rE:i;"'"" 1-- ~ ~ ~~ ?~ - . ~ ~ ~ 'J ."~(): ... ~ ::: u. i8 i:: = 0 ;.... C) : = -.... ro 0 - -...,. .- .-. ...... ~7'oo "t"\: ......;:: ...... . .~.'.' ~ Attest. ;::;. Y'/. "0 00 Q ~ . ~ ..... .... .... A.' ~ '''''' V ...... ,~... ~ ~ ~O,'~ ~ 'II!.'/, r ;\\\'\ Cit Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared JAMES TOMASSO, and acknowledged he executed the foregoing Addendum for the use and purposes mentioned in it, and that the instrument is his act and deed. and official seal My Commission Expires: s:ca\\agmts\JCs Food Service Addendum ~~~~ *lfiiJI* "''''' ~.. ""F OF f~'IJ~ --;"";'';' IVlNI.QIl\I LUMSDEN ~~Il.n CCS878D3 Expit.......-. 2