Reso 2013-2163 - Laserfiche WebLink

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3. Amendment. Paragraph 4 of the Management Agreement is hereby amended in its entirety. Paragraph 4 shall read as follows: The Parties hereby agree that the admission fees collected from the Pier shall be divided and shared evenly 50/50 between City and Management. The Parties further agree that Management's 50% share of admission fees collected shall in turn be divided and shared between Assignee and Assignor. The Assignee or Assignor shall provide the City with financial and attendance records for admission to the Pier in writing on a monthly basis. The Assignee shall be responsible for the payment of sales tax required by the State of Florida for paid admission to the Pier. 4. This Assignment shall be binding upon, and be enforceable against, the Assignor and Assignee and inure to the benefit of City. 5. The Parties expressly agree that the Assignor shall not be released from any other duties, obligations and/or liabilities arising under or related to the Management Agreement. 6. City hereby consents to the foregoing Amendment to the Management Agreement and this Assignment. 7. This Assignment shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the conflicts of law or choice of law provisions thereof. 8. The Parties agree that a facsimile signature may substitute for and have the same legal effect as the original signature. 9. This Amendment and Assignment shall be deemed fully executed on the date that the last Pam, signs it. 10. All other terms of a particular provision in the Management Agreement not otherwise expressly modified herein shall remain in full force and affect. If there is any conflict between the terms of the Amendment and Assigmnent, and the Management Agreement, the terms set forth in the Amendment and Assignment shall prevail and be given superior effect and priority. REMAINDER OF THIS PAGE INTENTIONALL Y LEFT BLANK