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FIRST AMENDMENT TO FOOD AND DRINK BUSINESS TENANT GRANT PROGRAM - LOAN TO GRANT AGREEMENTFIRST AMENDMENT TO FOOD AND DRINK BUSINESS TENANT GRANT PROGRAM LOAN -TO -GRANT AGREEMENT 422 CLEVELAND STREET, CLEARWATER, FL 33755 TEQUILAS MEXICAN GRILL & CANTINA LLC, D/B/A TEQUILA'S MEXICAN GRILL & BAR THIS FIRST AMENDMENT TO FOOD AND DRINK BUSINESS TENANT GRANT PROGRAM LOAN -TO -GRANT AGREEMENT, entered into this day of , 2019, by and between the Community Redevelopment Agency of the City o CleanNater, Florida (hereafter "CRA"), whose address is P.O. Box 4748, Clearwater, Florida 33758-4748, a public body corporate and politic of the State of Florida, and Tequilas Mexican Grill & Cantina LLC, d/b/a Tequila's Mexican Grill and Bar whose address is 422 Cleveland St., Clearwater, FL 33755 (hereinafter "Borrower"). WITNESSETH WHEREAS, the CRA and the Borrower entered into a Food and Drink Business Tenant Grant Program Loan -to -Grant Agreement ("the Agreement") on February 11, 2019; and WHEREAS, the parties now desired to amend certain provisions of the Agreement on the terms and conditions contained here; NOW THEREFORE, in consideration of the premises, the mutual covenants, and promises contained herein, and other good and valuable consideration, the Borrower and the CRA agree and covenant each with the other as follows: Section 1. Section B "Program Funding," Paragraph 3 of the Agreement is amended to read as follows: Loan funds will not be disbursed until Borrower obtains a Final Certificate of Occupancy and the proposed restaurant use is open for business. However, if Borrower does not obtain a Final Certificate of Occupancy and the proposed restaurant is not open for business by October 1, 2019, Borrower agrees that this agreement shall become null and void and that no loan funds shall be disbursed to Borrower. Section 2. Section D "Default by Borrower," Paragraph 2 of the Agreement is amended to read as follows: Borrower's failure to obtain a Final Certificate of Occupancy or to open the proposed restaurant for business by October 1, 2019. Section 3. All terms and provisions of the Agreement not modified, changed, or amended hereby shall remain in full force and effect. IN WITNESS WHEREOF, the Borrower and CRA have executed or caused these presents to be executed by its respective authorized representatives to be effective as Page 1 of 2 of the day and year first above written. This Amendment is executed in two original copies of which one is to be delivered to the Borrower and one to the CRA. Approved as to form: Michael P. Fuino CRA Attorney BORROWER: By: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA — C(2Af1 t rICt4.kt ,f* George N. Cretekos Chairperson �J1EL0 �q,,G4EARW,�T.<,, , Attest: z °.' CORP �'' y . � (_tee" Vv ,.L, a T :a.; Rosemarie Call =. ` �L/14''� � By: Clearwater City Clerk F'''•••• ••••••"' ?`'� P. 'Nor Jim 11100 Tequilas Mexican Gr Cantina LLC STATE OF FLORIDA ] COUNTY OF PINELLAS ] The foregoing instrument was acknowledged before me this /6 day of .N2t9,19 , who is personally known to me or who has produced a driver' 'cense as identification. My Commission expires: /9/ 0/ Page 2 of 2