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#25-8360 Amendment #2 (Texas Tony's BBQ Shack Inc.) SECOND AMENDMENT TO AGREEMENT No. 25-8360 FOR NORTH COLLIER REGIONAL PARK FOOD SERVICES THIS SECOND AMENDMENT made and entered into on this 1344 1a,,,,,,r,, 2oZ4 (date), by and between Texas Tony's BBQ Shack, Inc. (the "Contractor") and Collier Cdunty, a political subdivision of the State of Florida, (the "County") (collectively, the "Parties"): WHEREAS, on July 8, 2025 (Agenda Item 16.A.10), the County entered into Agreement No. 25-8360 "North Collier Regional Park Food Services" (the "Agreement") with Contractor to provide high-quality food services to residents and visitors to North Collier Regional Park; and WHEREAS, on September 17, 2025, the first amendment was administratively approved to remove the 2% tax and total fee columns due to a repeal of Florida Statute Section 212.031; and WHEREAS, the Parties desire to amend the Agreement to add insurance Liquor Liability in Section 42, the sale of alcoholic beverages and liquor license to Exhibit A, remove the initial 25% payment in Exhibit B. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The above recitals are hereby incorporated into this Second Amendment as if fully set forth herein. 2. Upon execution of this Second Amendment, Section 42 Insurance, Exhibit A and Exhibit B are hereby revised as reflected herein. 3. All other terms and conditions of the Agreement, as previously amended, shall remain the same. [Signature page to follow this page] ************Remainder of this page left blank intentionally************ Page 1 of 4 Second Amendment to Agreement No. 25-8360 Cps,® 1 6 A 1 1 IN WITNESS WHEREOF, the Parties have executed this Second Amendment by an authorized person or agent on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS Court and Comptroller COLLIER COUNTY, FI,ORIDA 4.041 " 7r 4 By: _ ' s Dated: oilizo Dan Kowal, Chairman (SEAL) Attest as to Chairman's signature only. CONTRACTOR. Texas Tony's BBQ Shack, Inc. Signature ype/print signature and tiller Date /- 1 ,11 Appro44 ., and legality: le Jeffrey Air lat:i w, County Attorney Page 2 of 4 Second Amendment to Agreement No. 25-8360 WordsStruck Th-rough are deleted; Words Underlined are added Section 42. INSURANCE. *** 42. Insurance. The Contractor shall provide insurance as follows: *** D. Liquor Liability coverage shall have a minimum limit of$1,000,000 per claim. *** Exhibit A— Scope of Services 1. Uses *** The Vendor may sell alcohol beverages in the Concession Operations Area. *** 13. Licenses. Permits and Certifications: *** Liquor License along with signage required for alcohol beverages sales. *** 15. Prohibited Items The sale of items in glass containers is not permitted. The County has a recycle program in place and the Vendor will make every effort to comply with that program with respect to the disposal of containers. Any and all alcoholic beverages sale and tobacco products are not permitted. *** Exhibit B—Fee Schedule Page 3 of 4 Second Amendment to Agreement No. 25-8360 #25-8360 "North Collier Regional Park Food Services" Total Square Feet 1,714.60 sq ft. Cost per Square Foot/Year $15.00 Total Cost per Year $25,719.00 Vendor agrees to pay the annual payment (in the amount of $25,719.00 plus applicable taxes) in accordance with the following schedule: 1. First Year of the Agreement: 1 A t' 1 art ccjc al o twe ty frc e per ee t / GO/ payment shall be due no later than ninety 2- The Parties agree that only The remaining seventy-five percent(75%)of the first year's annual payment shall be due no later than 365 days from the day of contract execution the initial payment of twenty-five percentage is waived. 2. Subsequent Years: 4- For each subsequent year, one lump sum annual payment shall be due on the anniversary of the Effective Date of this Agreement. Payment Schedule Breakdown for the initial three-year term of this agreement: Amount Due Date $6,129.75 (25%of 90 calendar days from annual fee) contract execution $19,289.25 (75% of 1 year (365 calendar annual fee) days) from contract execution $25,719.00 2 years (730) calendar days from contract execution $25,719.00 3 years (1,096 calendar days) from contract execution Potential Payment Schedule Breakdown for the renewal optional of this agreement (To be effective upon the execution of the renewal term): Amount Due Date $25,719.00 4 years (1,461 calendar days) from contract execution $25,719.00 5 years (1,826 calendar days) from contract execution Page 4 of 4 Second Amendment to Agreement No. 25-8360