HomeMy WebLinkAbout2017-211 ASSUMPTION AND JOINDER TO AGREEMENT FOR FOOD CONCESSION
SERVICES AND LEASE BETWEEN
INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC.
THIS ASSUMPTION AND JOINDER to Agreement for Food Concession Services and
Lease is entered into this 1 2 day of December, 2017, by and between Bottom's Up Beverage of
Florida, LLC, a Florida Limited Liability Company, 857 South Kings Highway, Ft. Pierce, FL
34945 (Bottom's Up); and Indian River County, a political subdivision of the State of Florida,
1801 27th Street, Vero Beach, FL 32960, (the "County") as of the date set forth below as the
effective date (the"Effective Date").
BACKGROUND FACTS
WHEREAS, the County is the owner of Sandridge Golf Club, 5300 73rd Street, Vero
Beach, Florida, 32967 (the "Course") which includes a 1,705 square foot food service facility
operated within the Sandridge Golf Club clubhouse; and
WHEREAS, the County and Di'Michelli's Catering, Inc., (Di'Michelli's) entered into an
Agreement for Food Concession Services and Lease (Agreement) dated March 10, 2015 to
operate the food service facility. The Agreement is in full force and effect and will expire on
April 1, 2020, but may be renewed for five additional one year periods; and
WHEREAS, Bottom's Up Beverage of Florida, LLC, (Bottom's Up) is owned by the
same entity and operated by the same officer as De'Michelli's Catering, Inc., and
WHEREAS, Bottom's Up is desirous to assume and join in the Agreement as a fully
responsible co-tenant; and
WHEREAS, having Bottom's Up as a party on the Agreement will provide for easier
banking and financial operations for Di'Michelli's; and
WHEREAS, it is the intent of the County and Di'Michelli's that Bottom's Up be added
as a party and co-tenant to the Agreement, joining in on all benefits and liabilities of the
Agreement; and
WHEREAS, Bottom's Up contact information regarding this Assumption and Joinder is:
FOR COUNTY: FOR BOTTOM'S UP:
Indian River County Bottom's Up Beverage of Florida, LLC
1801 27th Street 857 South Kings Highway
Vero Beach, Florida 32960 Ft. Pierce, FL 34945
TELEPHONE: (772) 770-5003 TELEPHONE: (772) 528-8095
NOW THEREFORE, in consideration of the mutual benefits to be derived from this
agreement and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties, intending to be legally bound agree as follows:
1
{
1. Background Facts. The above Background Facts are true and correct are incorporated
herein by this reference.
2. Assumption and Joinder. Bottom's Up hereby assumes and joins in on each and every
term and condition of the Agreement dated March 10, 2015.
3. Payments. From the date of this Agreement, the County shall remit all payments under
the Agreement made payable to:
Bottom's Up Beverage of Florida, LLC
857 South Kings Highway
Fort Pierce, FL 34945
The County, Di'Michelli and Bottom's Up have caused these presents to be executed in
their names the year and day first written above.
For Di'Michelli's: BOARD OF COUNTY COMMISSIONFW-utirY"Fo-�j
INDIAN RIVER COUNTY, FLORID'
Ju ann Petticrew, President Peter D. O'Bryan, Chair an •9c'' "�`'
ry oUNry•*0*\0�.',.
Si'Michelli's Catering, Inc. Board of County Commissioners •.. ....
Approved by the BCC: 1 2/1 2/2 01 7
ATTEST: Jeffrey R. Smith, Clerk of Court and
omptroller
BY: ././/
Deputy Clerk of Court
For Bottoms Up: APPROVED:
_ dittik
r . S
J ann Petticrew, President Jason E. Bro , Coun •dministrator
:ottom's Up Beverage of Florida,LLC
Approved as to form and egal sufficiency
tl �{ , r•
r j
William K. P eBraal
Deputy County Attorney
2