#13-6014 Day-Star Unlimited Inc. d/b/a Cabana Dan's) FIRST AMENDMENT TO AGREEMENT #13-6014
FOR
"VANDERBILT BEACH CONCESSION AGREEMENT"
THIS FIRST AMENDMENT, made and entered into on this 2(P day of
Sgpi-tryik 2. 2023, by and between Day-Star Unlimited Inc. d/b/a Cabana Dan's (the
"Concessionaire") and Collier County, a political subdivision of the State of Florida, (the "County" or
"Owner") (collectively, the "Parties"):
WHEREAS, on April 9, 2013 (Agenda Item 16.D.7), the County entered into Agreement
#13-6014, "Vanderbilt Beach Concession Agreement" (the "Agreement") with the Concessionaire for
concessionaire management services at the Vanderbilt Beach Park in Collier County, Florida; and
WHEREAS, the initial term of the Agreement was five years with one additional five-year
renewal option and the ability to extend the Agreement one hundred eighty (180) additional days
following the expiration of the original or subsequent five year term; and
WHEREAS, the Parties have exhausted all renewal and extension options under the
Agreement and the Agreement is set to expire on October 5, 2023; and
WHEREAS,the Parties desire to amend the Agreement to add an additional one-year period
commencing on October 6, 2023 and ending October 5, 2024 under the same pricing, terms, and
conditions of the Agreement,with a modification to allow the Vendor to replace the previously existing
concession stand with one that has wheels and is "road ready" so that it may be moved in the event of
an emergency (pursuant to FEMA and County regulations), being in the same size and location as
specified in County Resolution No. 98-16.
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 First Amendment as if fully set forth herein.
2. Upon execution of this First Amendment, the Agreement shall be extended through October 5,
2024 with the Vendor providing services with a mobile unit.
3. All other terms and conditions of the Agreement, as previously amended, shall remain the same.
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SIGNATURE PAGE TO FOLLOW
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First Amendment to Agreement#13-6014
CAO
IN WITNESS WHEREOF,the Parties have executed this First Amendment on the date and
year first written above by an authorized person or agent.
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS
Court and Comptroller COLLIER COUNTY, FLORIDA
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By: I, By: fG ' ,
Niv �'' - RICK LOCASTRO,Chairman
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Concessionaire Witnesses: CONCESSIONAIRE:
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Deputy County Attorney
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First Amendment to Agreement#13-6014 CAO