HomeMy WebLinkAboutExhibitFIRST AMENDMENT TO CHLN, INC REVOCABLE LICENSE AGREEMENT
This FIRST AMENDMENT to the CHLN, Inc. Revocable License Agreement dated January 25, 2013
("Agreement"), is made and entered into this day of , 2014("Amendment") by and between
the CITY OF MIAMI ("City") a municipal corporation of the State of Florida, and CHLN, INC,, a Delaware
corporation ("Licensee"),
RECITALS
A. The City and Licensee have entered into the Agreement for the use of the Property located at 51
Charthouse Drive, Miami , FL.
B. The City completed a competitive solicitation process and has entered into a lease agreement with
the winning proposer but has been unable to deliver possession due to ongoing litigation.
C. The Parties agree to remove the Termination Date of December 31, 2014 so this agreement will
continue on a month to month basis in an effort for the City to continue to receive uninterrupted revenues to the City
and provide uninterrupted service to the patrons of the waterfront restaurant, until the City provides 30 days written
notice to terminate or cancel the Agreement.
D. The Parties now wish to amend the Agreement to reflect the recent changes in terms,
NOW, THEREFORE, in consideration of the mutual promises of the Parties contained herein and other good
and valuable consideration, the receipt and. sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Recitals. The Recitals to this Amendment are true and correct, and are incorporated herein by
reference and made a part hereof.
2, Conflicts. In the event of any conflict between this Amendment and the Agreement, the terms of
this Amendment shall control.
3. Ratification. Except as may be modified herein, and only to the extent thereof, the Parties ratify
and reaffirm all of the terms and conditions of the Agreement.
4. Definitions, Except as may be otherwise provided herein, defined terms utilized but not defined in
this Amendment shall have the same meaning ascribed to it in the Agreement.
4,1 "Amendment" shall have the meaning ascribed to it in the title hereof,
5. Amended Sections, The following sections utilized in the Agreement are amended as follows:
5.1 Section 7 of the Agreement, titled Occupancy and Term is deleted in its entirety and
replaced with the following:
7. Occupancy and Term
This Agreement is revocable -at -will, Unless this Agreement is revoked or terminated as provided in
this Agreement, this Agreement shall commence upon the Effective Date and shall continue on a
month -to -month basis, provided Licensee is not in violation of the Agreement, until the termination
or cancellation of this Agreement by either party upon not less than thirty (30) days written notice
prior to the end of any monthly period.
6. Representations. Licensee acknowledges that the representations made herein are material
inducements for City's execution of this Amendment,
7. Agreement Effective. Except as herein amended the terms and conditions of the Agreement,
remain in operative force and effect.
IN WITNESS WHEREOF, in consideration of the mutual entry into this Amendment, for other good and
valuable consideration, and intending to be legally bound, the Parties have executed this Amendment as of the date first
above written.
�'l`l 01/71/1
ATTEST: CITY OF MIAMI, a municipal
corporation of the State of Florida
By: By:
Todd B. Ilannon Daniel J. Alfonso
City Clerk City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FORM
REQUIREMENTS: AND LEGAL CORRECTNESS:
By: By:
Ann -Marie Sharpe, Director Victoria Mendez
Department of Risk Management City Attorney
WITNESS:
By: By:
CHLN, INC.
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