AMENDMENT TO PLAZA DE LUNA OPERATING AGREEMENT

THIS AMENDMENT TO OPERATIN AGREEMENT (hereafter "Agreement") made and , 2014, by and between the Community day of entered into this 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

ATTEST: ricer, Chairman

Approved as to C ntent f '\/ M. C ark Merritt

hat and Chew, LLC

Member

Witness:

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Witness:

CONTRACTS/AGREEMENTS REQUIRING MAYORAL SIGNATURE FINAL DOCUMENT REVIEW FORM (blue) USER AGENCY
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Rev. 12/18/13

CONTRACTS/AGREEMENTS REQUIRING MAYORAL SIGNATURE FINAL DOCUMENT REVIEW FORM (page 2)

MAYOR'S OFFICE (CITY ADMINISTRATOR)

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Rev. 12/13