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HomeMy Public PortalAboutEagles Nest Vendor AgreementFIRST AMENDMENT TO VENDOR AGREEMENT This First Amendment to Vendor agreement is made effective as of August 1, 2023, between Crestview Unlimited, Inc., as successor by assig.nment to GI, . ervices, LLC, a Kansas limited liability company ("Manager") and tc-k) cs %) aarttviwtki (J(as successor by assignment to The Crossing at Blackwatcr, LLC, a Florida limited liability company ("Vendor"). WITNESSETH: WHEREAS, Manager and Vendor desire to document and evidence certain modifications to that certain Vendor Agreement dated as of September 14, 2021, between GL Services, LLC, and The Crossing Blackwater, LLC (the "Vendor Agreement"). NOW, THEREFORE, in consideration of the premises it is mutually agreed between the parties as follows: 1. The current parties to the Vendor Agreement are Crestview Unlimited, Inc. and otcilt--N4, VAC 2. Paragraph 3 of the Vendor Agreement is deleted in its entirety and replaced with the following paragraph: 3. Term. Manager hereby authorizes the use of the demised premises unto the Vendor for a period of five (5) years, commencing on August 1, 2023. Vendor agrees that it will occupy the demised premises without assigning or subletting said premises. 3. Paragraph 5 of the Vendor Agreement is deleted in its entirety and replaced with the following paragraph: 5. Fee. In consideration of the operation of the demised premises Vendor agrees to take and occupy said demised premises as Vendor and pay a fee for said demised premises to Manager. The fee shall be a base fee of $2,500 per month plus a variable fee of 5% of gross sales up to a total of $2,500 per month, such that the total fee shall not exceed $5,000 nor be lower than $2,500 per month. The base monthly fee shall be due on the 1st day of each month and shall be late if not paid by the 10th day of each month. The variable fee shall be due on the 1n day of the second month following the monthly period for which the variable fee is due (i.e., 5% of gross sales made in January, up to a total of $2,500, is due on or before March 1). "Gross sales" are all revenue generated by food and beverage sales. 4. Paragraph 17 of the Vendor Agreement is deleted in its entirety and replaced with the following paragraph: 17. Notices. Any and all notices required or desired to be served by either party shall be in writing and seeded to have been sufficiently served if the same shall have been deposited in the United States Postal Service, postage prepaid, certified and addressed to the parties at the following addresses: As to Manager: Crestview Unlimited, Inc. Attn: City Manager 198 N. Wilson St. Crestview, FL 32536 As to Vendor: t at00'‘-1�LC Either party may change its address for purposes of notice by notifying the other party in writing as to such new address as Manager or Vendor may desire to use and said new address shall continue as the address until further written notice. 5. All other provisions of the Vendor Agreement shall remain in effect, unmodified. IN WITNESS WHEREOF, the parties have duly executed the foregoing instrument as of the date set forth in the opening paragraph. MANAGER: Crestview Unlimited, Inc. By: Bolduc, Manager j VENDOR: [Company Name] By: Comae Yo [Title] 4:3\r-IVNer-