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SECOND AMENDMENT TO LICENSE AGREEMENT . ~L I I SECOND AMENDMENT TO LICENSE AGREEMENT THIS SECOND AMENDMENT TO LICENSE AGREEMENT is made and entered into this L day of 'tu ro.-~.^_ , 1998, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "Licensor" and ALEXANDRA OF CLEARWATER BEACH, INC., hereinafter referred to as "Licensee": WHEREAS, Licensor and Licensee agree to this Second Amendment to License Agreement in order to establish the terms and conditions added as a result of that termination of Lease Agreement with Licensee for the Beach Diner. NOW THEREFORE, it is mutually agreed as follows: 1. Licensor agrees to provide Licensee with ten (10) annual vehicle parking passes for Licensee's employees. Additionally, Licensor agrees that Licensee may reserve up to seven (7) parking spaces in the adjacent parking lot for parking during peak season, special events, or special need as agreed by both parties. The method of marking any reserved parking spaces must be coordinated and approved by the City Public Works Department. The reserved spaces may be in the closest row of parking spaces in the parking lot to the south of the Licensee's premises. 2. Licensor agrees to waive the guaranteed minimum monthly rental of $8,334.00 per month for the months of December, 1998, January, 1999, February, 1999, and March, 1999. Licensee shall pay all other amounts as described in the License Agreement. 3. If Licensor, at its sole discretion, but with the consent of Licensee, expands the retail, food or beverage area up to thirty (30) feet East of the licensed premises, then Licensee shall have the option to use the additional area, subject to an amendment to the License Agreement approved by both parties. Said option shall not survive the License Agreement between the parties and cannot be assigned by Licensee without the Licensor's written consent. 4. All of the terms and conditions of the License Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this License Agreement. IN WITNESS WHEREOF, the Agreement is executed as of the date first above written. "i /", {' -;;, > r. aI..v' - ., j ,:J ( " 'L !' I I In re: Second Amendment to License Agreement between City of Clearwater, Florida and Alexandra of Clearwater Beach, Inc. CITY O~CLEARWA TER, FLORI~A By: Michael J. Roberto City Manager Rita Garvey Mayor-Commissio r Approved as to form: Attest: s ~" =:> John Carassas Assistant City Attorney ~GO~,.~.n - City Clerk ALEXANDRA OF CLEARWATER BEACH, INC. //". . /1 ~;;::: ~ ,/"/?__-' ~:r~ By.,. Steve Chandler, President /~~ Personal Guarantor