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HomeMy WebLinkAboutAmendment to Use AgreementAMENDMENT TO USE AGREEMENT THIS AMENDMENT TO USE AGREEMENT (the "Amendment") made and entered into this 44 4-- day of September, 1997, by and between Bayfront Park Management Trust, a limited agency and instrumentality of the City (the "Trust"), and Bayfront Ventures ("User"). WHEREAS, on June 25, 1997, the Trust and User executed a Use Agreement which has since received approvals by The Miami City Commission, the U.S. Army Corps of Engineers and the Oversight Committee established by the Governor of the State of Florida; and WHEREAS, an June 19, 1997, the Board of Trustees of the Trust adopted a Resolution relating to the Trust's favorable determination to approve the transfer of the interest of Leo Equity Group, Inc., in User to Concorde Gaming Corporation or its subsidiary: NOW, THEREFORE BE IT RESOLVED that the Use Agreement is hereby amended as follows: 1. Bayfront Ventures, a Florida joint venture consists of Concorde Gaming Corporation, a Colorado Corporation, or its subsidiary, and Goldcoast Entertainment Cruises, Inc., a Florida Corporation. 2. Paragraph 3a shall be amended to read as follows: The initial term of this Agreement (the "Initial Term") shall be for five (5) years commencing at 12:01 AM on October 1, 1997 (the "Commencement Date"), and terminating at 11:59 PM on the day prior to the fifth anniversary of the commencement Date (the "Termination Date"), unless extended or earlier terminated, as provided herein. The Initial Term, as so extended or earlier terminated, is herein called the "Term". Each year of the Term, commencing on the commencement Date and on each anniversary of the Commencement Date, is herein called a "Contract Year". 3. Paragraph l0h shall read as follows: User shall provide the Trust with one community sail each year, for the benefit of the Boys and Girls Club of Miami. User shall provide the entertainment, food and beverage for such sail at User's expense, and shall donate the proceeds of said sail to the Boys and Girls Club of Miami. 2BPMT-17382 mvr:w08 ADDENDUM TO USE AGREEMENT.dac Except as specifically provided herein, all of the terms and provisions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. BAYFRONT PARK MANAGEMENT TRUST By: Ira Marc Marc Katz Executive Director 4o22.4rezz:420,:•_, By: ldcoast Entertainment Cruises, Inc. a Florida Corporation By: Witness Witness -0 Witness Witness -eb< 44°4- C ► • co • e Ga Wing Corporation, a W' nes Colorado Corporation mvr:w08 ADDENDUM TO USE AOREEMENT.doc 2BPMT-17383 APPROVAL OF THE CITY OF MIAMI THE CITY OF MIAMI a municipal corporation of the State of F - 'da Witnesses: By: Name: -An 5 Name: ATTEST' B City Clerk APPROVED AS TO INSURANCE REQUIRE N1'S: Edward City Mana - r APPROVED AS TO FORM AND CORRECTNESS: By: / V ;r By: Mario E. Soldevilla Risk Management Administrator Department of General Services Administration At- s 1 ones, III City•rney mvr:wOX ADDENDUM TO USE AGREEMENT.doc 2BPMT-17384