SECOND AMENDMENT / ASSIGNMENT OF OPERATOR AGREEMENT
SECOND AMENDMENT/ASSIGNMENT OF OPERATOR AGREEMENT
THIS Second Amendment! Assignment to Operator Agreement ("Second Assignment" or
"Assignment") is effective January ..go , 2007 (the "Effective Date") between City of
Clearwater, Florida (the "City"), a municipal corporation, The Bookworm Cafe, L.L.C., a
Florida corporation ("Assignor"), and Clearwater Cafe, Inc., a Florida corporation ("Assignee").
WHEREAS, the Assignor took assignment, on April 20, 2006 of that certain Operator
Agreement, dated April 21, 2004, as amended (the "Agreement") under which the City permitted
the Operator to occupy and operate a food and beverage concession (the "Cafe") within the cafe
area of the City's Main Library facility (the "Facility") as further described in the Agreement;
and
WHEREAS, the Assignor has now requested that the City consent to an assignment of
the Operator Agreement as provided for herein.
NOW THEREFORE, In consideration of the sum of ten dollars ($10.00) and other
valuable consideration the receipt and sufficiency of which is hereby agreed, this Second
Assignment, upon its execution by all parties, is made a part of the Agreement and supercedes
and substitutes its terms for any of those contained in said Agreement that conflict therewith. It
is mutually agree as follows.
(1) The Agreement is assigned by Assignor to Assignee upon execution of this
Assignment. Assignee hereby assumes and shall at all times be liable to observe and perform all
of the covenants, duties and obligations under the Agreement, as further described herein. The
City consents to said assignment.
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(2) Term: The term of this Assignment is for the remainder of term of the Agreement, or
from the Effective Date of this Assignment until midnight on the 19th day of April, 2009.
Renewal shall be permitted as provided for in the Agreement.
(3) Paragraph 3, Performance. Failure/Municipal Need is amended to provide: Assignee
acknowledges that the provision of equipment and merchandise necessary for the operation of
the Cafe is the sole responsibility of the Assignee. Therefore, if at any time the City terminates
this Agreement for municipal purpose, the City shall not have any responsibility or liability
related to reimbursing the Assignee for it's equipment or inventory as provided in the First
Amendment to the Operator Agreement. This paragraph shall supersede paragraph (3) of the
First Amendment to the Operator Agreement.
(4) Notice shall be provided to operator as follows: Mr. Matthew Behm, 807 S. Prospect
Ave., Clearwater, Florida, 33756, (561) 644-2788 (address) and phone.
(5) All other terms and conditions of the Agreement shall remain in full force and effect.
Countersigned:
CITY OF CLEARWATER, FLORIDA
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F11lnk V. Hibbard .
Mayor
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William B. Ho~;lt- .' :'." _
City Manager - .- ---'.
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Approved as to form:
Attest:
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Laura Lipowski,
Assistant City Attorney
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Signed, sealed and delivered
~resence of:
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Signed, sealed and delivered
In the presence of:
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The Bookworm Cafe, L.L.C.
By:
His DeMarco
anaging Member
Clearwater Cafe, Inc.
By:
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Matthew R. Behm
President