FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENTFIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT
THIS FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT (the
"Amendment ") is made and entered into on this 1344' day of
2014, by and between the City of Clearwater, Florida, a municipal corporation of the
State of Florida, hereafter referred to as "Licensor ", whose address is Attn: Parks &
Recreation Director, Post Office Box 4748, Clearwater, Florida 33758 -4748, and
EMERALD COAST BUNGEE, INC., a Florida Corporation, whose mailing address is
P.O. Box 3464, Clearwater, FL 33767, hereinafter referred to as "Licensee ", (each
individually referred to herein as "Party" or collectively as the "Parties ").
WHEREAS, the Parties entered into that certain Revocable License Agreement
(the "License Agreement ") dated June 17, 2013, wherein the Licensee was approved to
provide entertainment concessions at Pier 60 Park.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained hereinafter, the parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated in and
form a part of this License Agreement.
2. Item Number 4, License Fee is hereby revised and restated as follows:
That for and in consideration of the foregoing License, Licensee shall pay Twenty -Five
percent (25 %) of gross revenue to Licensor until September 30, 2013 and from then
forward, a flat fee, based according to the payment schedule below, during the License
Term ( "License Fee "). During the Initial License Term, there shall be no guaranteed
minimum payment. For any renewals or extensions of the License Term, the Licensee
shall pay in accordance with the License Fee schedule below, which amounts to a
guaranteed minimum payment to Licensor of no less than $52,500 per year, plus
applicable sales tax on guaranteed minimum payment, for each renewal year of the
License Term ( "Guaranteed Minimum License Fee "), subject to, and pro- rated, in the
event of operation interruption due to a Force Majeure. For these purposes, defined as
any delays or failure to perform any obligation under this Agreement due to acts of God,
strikes, or other disturbances, including, without limitation, terrorist acts, war,
insurrection, embargoes, governmental restrictions, acts of governments or
governmental authorities, and any other cause beyond the control of such party. Failure
by the Licensee to pay the monthly License fee as provided for below, or to pay the
Licensor the total minimum of Fifty -two Thousand Five - hundred Dollars ($52,500) plus
applicable sales tax, by the end of each year of the License Term, with the exception of
the Initial License Term, shall be deemed a material default of this License and the
Licensor may, at its discretion, terminate the License immediately. The License Fee
shall be paid on the 28th 27th day of each month. Subject to any applicable usury law, a
late payment fee of five percent (5 %) will become due and payable if Licensee fails to
pay the monthly License Fee within five (5) business days of the due date (due date
inclusive). Upon termination by the Licensor, Licensee shall vacate the Premises
immediately, but in no event later than 48 hours from receipt of notification of
termination.
$52,500
$2 700.00
"'.
March
$7,000.00
$7,000.00
Se .terriber._.
$2,700.'
Octob
Nover
►0.+
00,00
0''.
3. Item 7 (f) is hereby revised and restated as follows:
Licensee will provide appropriate background screening for all employees in
Licensee acknowledges that it, it's applicants for employment,
employees, or volunteers, work or will work with children, the elderly, or the disabled.
Therefore, if not otherwise required to conduct background checks by law, Licensee
voluntarily agrees to register with the Florida Department of Law Enforcement ( "FDLE ")
to participate in the Volunteer & Employee Criminal History System ( "VECHS ") for
background checks, as authorized by the National Child Protection Act ( "NCPA "), as
amended, and Florida Statute 943.0542 (1999), as may be amended from time to time.
Licensee agrees to secure the highest level of background screening available under
VECHS, and that this level of background screening is necessary to effectively screen
out those not suitable for contact with children, the elderly or the disabled. Licensee
voluntarily agrees to require such screenings in accordance with the processes and
procedures set forth by the FDLE and the FBI in order to secure criminal history
information on its employees, volunteers and applicants. The Licensee acknowledges
that the VECHS program is not available to entities currently mandated to obtain
background checks by statute or other law. Licensee shall pay all costs associated with
such background checks and will submit an Affidavit of Criminal Background Screening
in substantially the form attached hereto, and incorporated herein, as "Exhibit C ".
Licensee shall secure releases from screened parties, use said criminal history
information only as permitted by law, and shall unilaterally make the determination of a
screened parties' fitness and suitability for working with children, the elderly or the
disabled. Licensor shall not be required to make such a determination under any
circumstance. Licensee shall submit the Affidavit of Criminal Background Screening to
Licensor prior to beginning its operations under this agreement.
4. All of the terms and conditions of the License Agreement which are not expressly
amended or deleted herein shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed and delivered this
Amendment the day and year first above written.
Signed in the Presence of:
Countersigned:
George N. Cretekos
Mayor
Approv d as to form:
Laura Lipowski Mahony
Assistant City Attorney
LICENSEE:
EMERALD COAST BUNGEE, INC.
ed:
By:
Dan Nort
President
LICENSOR:
CITY OF CLEARWATER, FLORIDA
By: (,i) 1116-4,,, .._.
William B. Horne II
City Manager
Attest:
0
Rosemarie Call
City Clerk
EXHIBIT "C"
AFFIDAVIT OF CRIMINAL BACKGROUND SCREENING
LICENSEE NAME:
DATE:
By signing this form, I am swearing or affirming that all individuals employed by
(Licensee) or providing services to
City under the Revocable License Agreement on behalf of Licensee on City property
have been background screened in accordance with the background screening
requirements set forth in Revocable License Agreement and been deemed eligible by
Licensee to provide services as described in Revocable License Agreement. The
information contained in this Affidavit is up to date as of the date this Affidavit is
furnished to City Parks and Recreation Department per the requirements of Section 7 (f)
of the Revocable License Agreement.
All individuals providing services under the Revocable License Agreement on City
property are listed below. Each individual shall be identified by name, birth date and
date deemed eligible.
(List of Individuals)
Signature of Affiant
Sworn to and subscribed before me this day of , 20
Notary Public
My Commission Expires:
My signature, as Notary Public, verifies the Affiant's identification has been validated by