FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENTFIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT
THIS FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT made this
34 day of Ftwua,v4 , 2014, by and between the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation ( "Licensor "), and SALT BLOCK 57, L.L.C., a Utah
limited liability company, whose current prinicipal address is c/o 1001 E. Atlantic Avenue,
Delray Beach, FL 33483 ( "Licensee ");
(Whenever used herein the term "Licensor" and "Licensee" shall include all of the parties to this agreement and heirs, legal representatives
and assigns of the parties, individuals, and the successors and assigns of corporations)
WITNESSETH:
WHEREAS, Licensor and Licensee entered into that certain Revocable License
Agreement dated December 4, 2013 (License) for Licensee's use of the License Premises
described therein; and,
WHEREAS, the effective date of the License is February 15, 2014 (Effective Date) and
the License remains in effect for a period of fifteen (15) months; and,
WHEREAS, Licensee has informed Licensor that it is not prepared to commence
construction on Licensee's adjacent property and consequently, Licensee has not occupied the
License Premises; and,
WHEREAS, Licensee requests that the Effective Date of the License is changed to a
later date.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and
other good and valuable consideration, the receipt of which are hereby acknowledged, the
Parties agree as follows:
Paragraph "2 TERM AND FEE" of that certain Revocable License Agreement dated December
4, 2013, is hereby deleted in its entirety and replaced with the following:
2. TERM AND FEE: This License is granted and shall extend from the 15th day of April,
2014 ( "Effective Date ") for a term of fifteen (15) months. Licensee may change the
Effective Date upon written notice to Licensor provided that the Effective Date shall not be
subsequent to September 15, 2014. Written notice to change the Effective Date shall be
provided to Licensor not less than two (2) weeks prior to the Effective Date in effect at the
time of said notice. The Effective Date notwithstanding, the term of this License shall be for
a period of fifteen months unless terminated as provided herein. The Licensee shall pay a
total license fee ( "License Fee ") of Five Hundred Eight Thousand, One Hundred Sixty -five
and 00/100 Dollars ($508,165.00), payable in advance in five quarterly installments of One
Hundred One Thousand, Six Hundred Thirty -three and 00/100 Dollars ($101,633.00), which
amount is inclusive of all applicable sales taxes and ancillary fees, commencing upon the
Effective Date hereof. A break -out of costs included in the License Fee is attached hereto
as Exhibit "B" and by this reference, made a part hereof.
All other terms and provisions of said License Agreement not amended hereby remain
unchanged and in full force and effect.
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IN WITNESS WHEREOF, the parties hereto, being duly empowered and authorized,
have set their hands and seals this 3 ( day of r ru.Q r , 2014.
Signed, sealed and delivered
In the presence of: , a Utah limited liability company
SALT BLOCK 57, L.L.C.
WITNESS signature
0€66 retik Po Ward
Type /Print Witness Name
WITNESS signature
C;
Type /Print Witness Name
Countersigned:
• cWrke crck4oj
George N. Cretekos, Mayor
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
By: W1L
Mark Walsh
Title: Managing Member
CITY OF CLEARWATER, FLORIDA,
a Florida Municipal Corporation
By: IN L0
William B. Horne, II, City Manager
Attest:
WitikLa
Rosemarie Call, City C
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