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SECOND AMENDMENT TO LEASE AGREEMENTSECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO THE LEASE AGREEMENT DATED September 17, 2012 (the "Amendment ") is entered into on this day of nti,1c 2015 (the "Effective Date "), by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "Lessor") and MARINA CANTINA, LLC, a Florida limited liability company (the "Lessee "). WHEREAS, the Lessor and Lessee agree to this Second Amendment to Lease Agreement in order to modify the terms and conditions resulting from a brief construction delay caused by improvements that were not initially contemplated in the Lease Agreement. NOW, THEREFORE, it is mutually agreed as follows: 1. Paragraph 16 is hereby amended as follows: Lessee covenants to complete all contemplated capital improvements, as detailed in Exhibit E, as expeditiously as possible and have the restaurant open by January 1. 2016. Otherwise, this shall constitute an Event of Default. 2. All of the terms and conditions of the Lease Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this Lease Agreement. IN WITNESS WHEREOF, this Agreement is executed as of the date first above written. Countersigned: . - - €iY e/I ce c\c lco George N. tekos, Mayor Appr ved as to f . CITY OF CLEARWATER, FLORIDA By tdo William Home, City Manager Attest: Camilo Soto, Assistant City Attorney +c4 Rosemarie Call, City Clerk Marina Cantina, LLC Frank Chivas, President By: