SECOND AMENDMENT TO REVOCABLE LICENSE AGREEMENTSECOND AMENDMENT TO REVOCABLE LICgNSE AGREEMENT
THIS SECOND AMENDMENT TO REVOCABLE LICENSE AGREEMENT made this Y day
of J s ' - , 2015, by and between the CITY OF CLEARWATER, FLORIDA, a Florida
Mur{icipal Corporation ( "Licensor "), and SALT BLOCK 57, L.L.C., a Utah limited liability company, whose
current principal 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, Licensor and Licensee amended the License by entering into that certain First
Amendment to Revocable License Agreement (First Amendment) executed on February 24, 2014; and
WHEREAS, the License, as amended, is scheduled to expire on July 15, 2015, and
WHEREAS, Licensor has requested a six -month extension to the License term.
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 the License, as amended, is hereby revised to add the following on
to the end of the paragraph:
Z` TERM AND FEE: This License is hereby extended for a period of six (6) months, through January
15, 2016 ("Extended Tenn "), unless terminated as otherwise provided for herein. During the Extended
Term, Licensee shall pay a total License Fee of Two Hundred Four Thousand Seven Hundred
Fifty -Five and 20/100 Dollars ($204,755.20), payable in advance in two quarterly installments of One
Hundred Two Thousand, Three Hundred Seventy -Seven and 601100 Dollars ($102,377.60), which
amount is inclusive of all applicable sates taxes and ancillary fees, commencing upon the Effective
Date of the Extended Term. A break -out of costs included in the License Fee is attached hereto as
Exhibit "D" and by this reference, made a part hereof.
Paragraph "3. USE AND MAINTENANCE" of the License, as amended, is hereby revised by amending
and restating paragraph 3 as follows:
USE AND MAINTENANCE: Licensee accepts Licensed Premises "as is" with the exception of the
removal of the parking meters, which shall be performed by the Licensor prior to the Effective Date.
Licensor shall have no obligation whatsoever to make improvements to the Licensed Premises prior
to, or during, the Licensee's occupation. Licensee covenants and agrees with Licensor that Licensee
shall not use the Licensed Premises for any other purpose other than the exclusive right to park
vehicles in conjunction with the construction activities on adjacent property and for trucks to enter
upon the Licensed Premises to deliver materials to the adjoining construction site. Licensee further
agrees that Licensee shall make no unlawful, improper or offensive use of the Licensed premises,
and shall always maintain the Licensed Premises in compliance with all applicable City of Clearwater
codes; and shall quit and deliver up the said premises at the end of the License term, in as good
condition as existed upon the Effective Date hereof. Licensor and Licensee agree that on the Effective
Date of this Second Amendment, Licensee's use of the Licensed Premises has caused deterioration
of the parking lot such that restoring it to the condition that existed on the
[GMOB- 1313 - 019116791511] Page 1 of 2
Effective Date of the License will require, at a minimum, milling and resurfacing the full asphalt
surface, re- striping of the entire lot and replacing the south sidewalk and adjacent curbing
( "Restoration Activities "). Licensee shall be solely responsible for restoring the parking lot as required
herein. Licensee shall complete Restoration Activities within sixty (60) days of the termination or
expiration hereof ( "Restoration Period "). Licensee shall pay to Licensor, the License Fee, prorated
for each day of the Restoration Period. Licensee, at its expense, shall be responsible for obtaining
any permits and approvals required to perform Restoration Activities as required herein. Licensee
shall make no improvements (other than Restoration Activities as required herein) to the Licensed
Premises, or otherwise encumber the Licensed Premises, without the express written consent of
duly authorized Licensor officials.
All other terms and provisions of said License Agreement not amended hereby remain unchanged
and in full force and effect.
IN WITNESS WHEREF, the parties hereto, being duly empowered and authorized, have set
their hands and seals this day of Q , 2015.
Signed, sealed and delivered
In the presence of:
/11' "
WITNE S signature
Se i t/. 1/.4/, By:
Type /Print Witness Name William Walsh
Title: Managing Member
SALT BLOCK 57, L.L.C.
a Utah limited liability company
ESS s nature
Type /Print Witnesis Name
Countersigned:
George N. Cretekos, Mayor
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA,
a Florida Municipal Corporation
By:4.0f.1.
William B. Horne, II, City Manager
Attest:
,ems et, C?
Rosemarie Call, City Cler
IGMO &1313 - 019/16791511] Page 2 of 2
EXHIBIT "D"
License Fee per City Code Requirements
City Parking Lot 32 - 184-Day Extension of License Agreement (2nd Amendment)
65 revenue generating spaces @ $16 / day = $1,040/ day
184 days ...$191,360.00
Sales tax of 7% $13,395.20
Administrative fee — previously paid N/A
Total $204,755.20
2 (two) advance payments quarterly = $102,377.60 / quarter
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