R17-115 1 RESOLUTION NO. R17-115
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE CITY
5 MANAGER TO SIGN A FIRST AMENDMENT TO AGREEMENT
6 WITH ULTIMATE BAKERY AND PASTRY, INC., TO OPERATE
7 THE RESTAURANT AT THE LINKS GOLF COURSE AS A
8 RESULT OF RFP NO. 061-2910-15/JMA; AND PROVIDING FOR
9 AN EFFECTIVE DATE.
10
11 WHEREAS, on October 6, 2015 the City Commission approved and awarded the
12 "RFP for a Restaurant Concessionaire for the Links Golf Course," RFP No. 061-2910-
13 15/JMA to Ultimate Bakery and Pastry, Inc.; and
14 WHEREAS, staff is pleased with the performance of the vendor and recommends
15 exercising the first of three renewal terms through November 2, 2018; and
16 WHEREAS, upon recommendation of staff, the City Commission does hereby
17 approve the First Amendment to the Two-Year Lease Agreement with Ultimate Bakery and
18 Pastry, Inc., to operate the restaurant at the Links Golf Course for the first of three renewal
19 periods through November 2, 2018 and authorizes the City Manager to sign the First
20 Amendment to two year Lease Agreement between the City of Boynton Beach and Ultimate
21 Bakery and Pastry, Inc.
22 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a part of this Resolution.
26 Section 2. The City Commission does hereby approve the First Amendment to
27 Two-Year Lease Agreement with Ultimate Bakery and Pastry, Inc., to operate the restaurant
28 at the Links Golf Course for the first renewal period through November 2, 2018 and
(00073490.1306-9001821) 1
29 authorizes the City Manager to sign the First Amendment to two year Lease Agreement
30 between the City of Boynton Beach and Ultimate Bakery and Pastry, a copy of which is
31 attached hereto as Exhibit"A".
32 Section 3. This Resolution shall be effective immediately upon passage.
33
34 PASSED AND ADOPTED this 21St day of November, 2017.
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor— Steven B. Grant
40
41 Vice Mayor—Justin Katz
42
43 Commissioner—Mack McCray
44
45 Commissioner—Christina L. Romelus
46
47 Commissioner—Joe Casello
48
49
50 VOTE s
51 ATTEST:
52
53
54 , ---
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55 Jud' , A. Pyle, CMC
56 Ci Clerk
57
58
59
60
61 (City Seal) u
62
63 • q �.
64 soYC 1
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67
{00073490.1 306-9001821} 2
FIRST AMENDMENT TO AGREEMENT BETWEEN
ULTIMATE BAKERY AND PASTRY,INC. AND THE CITY OF BOYNTON BEACH
THIS FIRST AMENDMENT entered into this \\> day of\-\00'.. , 2017,by and between:
THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with a
business address at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, (hereinafter referred
to as"CITY") and
ULTIMATE BAKERY AND PASTRY, INC., with a business address of 11600 Poinciana
Drive, Royal Palm Beach, Florida 33411, (hereinafter referred to as"THE OPERATOR").
WITNESSETH:
WHEREAS,the parties hereto entered into an Agreement on November 3, 2015 to provide
for concessionaire services at the Links Golf Course("Agreement"); and,
WHEREAS, the Agreement will expire on November 2,2017,and the parties desire to
extend the Agreement for an additional one(1)year term.
NOW,THEREFORE, in consideration of the promises and mutual covenants contained
herein,the City and the Operator agree as follows:
1. The term of the Agreement is renewed beginning on November 3, 2017 thru November 2,
2018,pursuant to the first of three(3)one-year renewal options.
2. The payment section(Section 5)is revised to reflect the annual sum payable for the renewal
terms as follows:
5. PAYMENT The Concessionaire shall pay the City an annual sum of$7,000.00 or
6,5%of the gross sales whichever is greater for year one: and an annual sum of$8,000.00
of the gross sale or 7.5% whichever is greater for year two. For each subsequent
renewal term exercised,the Concessionaire shall pay the City the annual sum of
S8,000 or 7.5% of the gross sales,whichever is greater. Monthly payments will be
established by Ultimate Bakery and Catering and the City
2. In the event of a conflict between the Agreement and this First Amendment,this First
Amendment shall control.
3. All terms and conditions of the Agreement, First Amendment and Exhibits thereto
which are not inconsistent herewith remain in full force and effect.
WITNESSETH:
ATTEST: ITY OF BOYNTON BEACH
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APPROVED AS T• ORM AND
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