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FIRST AMENDMENT AND RENEWAL TO <br /> CONCESSIONAIRE LICENSE AGREEMENT <br /> FOR FOOD CONCESSION SERVICES BETWEEN <br /> INDIAN RIVER COUNTY and TREASURE COAST CONSULTING, INC. <br /> This First Amendment to the Concessionaire License Agreement for Food <br /> Concession Services is entered into by and between TREASURE COAST CONSULTING, <br /> INC. d/b/a TREASURE COAST CONCESSIONS, ("Concessionaire") whose address is <br /> 2585 Little Eagle Lane, Vero Beach, Florida and INDIAN RIVER COUNTY, a political <br /> subdivision of the State of Florida whose address is 1801 27th Street, Vero Beach, Florida <br /> 32960 ("County") as of the date set forth below as the effective date (the Effective Date). <br /> BACKGROUND FACTS: <br /> WHEREAS, the County and Concessionaire entered into an Agreement for Food <br /> Concession Services dated July 11, 2012; and <br /> WHEREAS, in accordance with the Agreement, the Concessionaire has provided <br /> food concession services to the County at various designated County Park locations. <br /> WHEREAS, the parties wish to amend the terms of the Agreement by this <br /> Amendment, <br /> NOW, THEREFORE, in consideration of the mutual benefits to be derived from this <br /> agreement and other valuable consideration, the receipt and sufficiency of which is hereby <br /> acknowledged, the parties intending to be legally bound agree as follows: <br /> 1. The Background Facts as set forth above are true and correct and are incorporated <br /> herein by reference. <br /> SECTION 1 —Terms. The Agreement is hereby renewed for one additional year. <br /> SECTION 2 - Payments. Concessionaire monthly payments to the County shall increase to <br /> 20% of the cumulative gross receipts for the Term of this Agreement. <br /> SECTION 4 - Use of Premises. County reserves the exclusive right to operate "Slushy <br /> Machine" out of the Concession stand at the North County Aquatic Center and retain all <br /> profits. <br /> County reserves the exclusive right to sell non-perishable items out of the concession stand <br /> at any time when the pool is open but the concessionaire is not on site. <br /> Page 1 of 2 <br /> 74 <br />