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SECOND AMENDMENT TO MANAGEMENT AGREEMENT SECOND AMENDMENT TO MANAGEMENT AGREEMENT THIS SECOND AMENDMENT TO THE MANAGEMENT AGREEMENT is made and entered into this ...,.,.... day of , 2003, by and between the CITY OF CLEARWATER, FLORIDA, a municipa orporation, hereinafter referred to as "City" and CLEARWATER COMMUNITY SAILING ASSOCIATION, INC., hereinafter referred to as "Manager": WHEREAS, City and the Manager agree to this Second Amendment to the Management Agreement dated July 29, 2002, pursuant to the terms described herein. NOW THEREFORE, it is mutually agreed as follows: 1. Paragraph 2 (a) of the Management Agreement shall be added as follows: (a) Base rent: Manager agrees to pay the City as rent during the initial term of this agreement the sum of Twelve Thousand Dollars ($12,000) annually, payable in equal monthly installments of One Thousand Dollars ($1,000) per month, the first such installment being payable upon the execution of this agreement, and the balance of such installments being payable in advance at the beginning of each successive monthly rental period thereafter. Also, a consumer price index (CPI) increase will be added to the rent payment on January 1s of each year of the lease startinQ January 1 ,2004. In addition, manager shall pay sales tax on all taxable collected payments. For each successive extension hereunder, the annual rent shall be increased by a sum equal to 5% of the annual rent for the immediately preceding agreement term and such annual rent shall be payable in equal monthly installments. Manager shall pay rent and any additional rent as hereinafter provided to City at such place as City may designate in writing, without demand and without counterclaim, deduction or setoff. (b) Percentage rent: Starting the second month of the second assignment year, and continuing for the duration of the assignment and each extension thereof, the manager agrees to pay and City agrees to accept as additional monthly percentage rent an amount equal to h"lenty percent (20%) of the prior month's gross revenues less taxes collected, said payment due on or before the 10tR day of the month. 2. All of the terms and conditions of the Management Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this Management Agreement. rOo '--3-'-/5-00 dearwater Community Sailing Association, Inc. Management Agreement (II) .. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year above written. LEARWA TER, FLORIDA /4....1..& 7I By. Wi lam B. Horne, II City Manager Attest: By: Oearwater Community Sailing Association, Inc. Management Agreement