AMENDMENT TO PLAZA DE LUNA OPERATING AGREEMENT

THIS AMENDMENT TO OPERATIN AGREEMENT (hereafter "Agreement") made and

entered into this day of , 2014, by and between the Community

Redevelopment Agency of the City o Pensacola. Florida, whose address is P.O. Box 12910, Pensacola,

Florida 32521, a public body corporate and politic of the State of Florida (hereafter "CRA") and De

Luna's Chat and Chew LLC, hereinafter referred to as "Operator".

WHEREAS, the CRA and the Operator entered into an Operating Agreement ("Original

Agreement") dated October 22, 2013 incorporated herein by this reference, for the purpose of operating a

concession and associated restroom facility at Plaza De Luna; and

WHEREAS, the Original Agreement in Article 1 contained a term provision of three (3) years,

from either the date of beneficial occupancy of the concession spaces or upon the expiration of the

Operator's approved construction schedule as outlined in Article XIV of the Agreement, whichever

occurs first; and

W1-1EREAS, the CRA and Operator agree that the date of beneficial occupancy is February 2,

2014; and

WHEREAS, Article 1 of the Original Agreement states that said date shall be incorporated into

the Original Agreement in the future by amendment; and

WHEREAS, the CRA and Operator now desire to amend the Original Agreement upon the terms

and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,

it is agreed by the CRA and Operator that the Original Agreement shall be amended as follows:

Article 1, Term, of the Original Agreement is amended in its entirety to read as follows:

The term of this Agreement shall be for a period of three (3)

years commencing on February 2, 2014, the date and year beneficial

occupancy of the concession spaces occurred, and shall expire February'

2, 2017 ("Term"). The term of this Agreement shall be subject to earlier

termination pursuant to the terms and conditions of the Agreement.

2. The remaining provisions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this instrument of amendment on the

date first written above.

Community Redevelopment Agency of The City of Pensacola

Member

Witness:

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Witness:

M. C ark Merritt

ATTEST:

Approved as to C ntent

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ricer, Chairman

hat and Chew, LLC

w) • comments b (Si tature)

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IF ‘ Comments:

RISK MANAGER

Pending (See

Approved:

CONTRACTS/AGREEMENTS REQUIRING MAYORAL SIGNATURE FINAL DOCUMENT REVIEW FORM

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Document Title:

Project Contract

Lease

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Description: 11.1-14\ii.--YOlvOC r1'N" -VO":

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Contract Cost:$ User Agency (Dept):

Approved by Mayor: User Agency Agency Contact Person:

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Approved By : , » Sent to Contract Administra (Date, if applicable)

CONTRACT ADMINISTRATOR (PURCHASING)

arebarment Check

Pending (See comments below):

Approved:(Signat

Comments:

ature)

Sent to Risk Management Agency "S/2""A0/1\-i

Date Received1 /1 9 ?Olt' 1 BY:

Sent to User Agency /

Date Received 5 /

Sent to User Agency

Sent to Mayor 3 el, V

Rev. 12/18/13

CITY ATTORNEY

Pending (see comments below):

/7A-pproved as to Form:

CITY CLERK

Retained

origina l(e+-/-cnirt

Returned to User Agency LI /01,1— / /

Date Received

Returned original(s) to

CONTRACTS/AGREEMENTS REQUIRING MAYORAL SIGNATURE FINAL DOCUMENT REVIEW FORM

(page 2)

MAYOR'S OFFICE (CITY ADMINISTRATOR)

Pending (See

/Approved: (Signat

Comments:

Date Received / ) /e262/

Sent to User Agency

Sent to City Atty / / / 026)4

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comments below):

Date Received /

Sent to User Agency

/ ent Original to City Clerk L(/ f

Comments:

Rev. 12/13