PLAZA DE LUNA CONCESSION AND RESTROOM FACILITY

OPERATOR AGREEMENT
TIllS OPERATOR AGREEMENT (hereafter "Agreement") made and entered into this
day
of
, 2009, by and between the Community Redevelopment Ageney of the
City of Pensacola. Florida, whose address is P.O. Box 12910, Pensacola, Florida 32521, a public
body corporate and politic of the State of Florida (hereafter "CRA" or "Operator", and JJW Services,
Ine., a corporation authorized to do business in Florida, hereinafter referred to as "Operator".

In consideration of the proposal dated April 16. 2009 submi

the concession and associated restroom facilities at Plaza
proposal, and the mutual promises set forth below, the parti

ying the proposal, and the proposal itself, all of

Ions co
herein shall be considered a part of this Agreement
ce with, and subject to, all of the terms and conditions of this

ARTICLEllI
Y INTEREST AND OPERATING PRIVILEGES
A.

listed herein, the CRA grants to Operator the exclusive right, privilege
and obligation to 0
te the concession within the CRA facility located in Plaza de Luna (900 S.
Palafox Street, P sacola, Florida) pursuant to the Proposal submitted by Operator for said
operation and in accordance with the terms and conditions of the Agreement.
B. The Operator shall use the premises solely for the installation and operation of a concession and
services as set forth in the proposal and for no other purpose whatsoever. Operator shall not use,
nor permit others to use, its leased premises, and any improvements thereon, for any commercial or
non-commerciaJ purpose, other than the authorized purpose set forth herein, unless the CRA
authorizes said additional use of the leased premises, in writing, in the future. Should Operator
wish to perform or provide additional commercial or non-commercial services or activities from its
premises, Operator shall make written application to the eRA requesting permission to provide

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C.

D.

E.

F.

provide such additional activity or service. If the eRA determines that Operator is qualified to
perform the additional activity or service, and that Operator's provision of said additional activity
or service would be in the CRA's best interests, and if the CRA and Operator are able to negotiate
and execute an addendum to this Agreement setting forth the terms and conditions by which
Operator shall perform the additional activity or service and the rental to be paid by Operator to the
CRA for the privilege of performing said additional activity or service, then Operator shall be
deemed authorized to perform said additional commercial or non-commercial activity or service
from its leased premises.
following items unless
The Operator is specifically prohibited from operating or selli
otherwise agreed upon, in writing, by the CRA Administrator:
a. Alcoholic beverages.
b. Tobacco products.
c. Vending machines (dispensing food, drinks, sna
, cigarettes, or other
sundry items).
d. Other coin operated devices including, but no
televisions.
Should the CRA Administrator authorize the
referenced items, it is understood that said authorizati
right to operate or sell the item(s) an that the CRA rese
separate contract with others any or
above-mentio
authorization to operate or sell any 0
items may
notification from the CRA Administrator
ured and becomes operational at
In the event that marine services (ferry, d'
Plaza de Luna (or vici .
.or to the en
e agreement, the CRA may request
agreement to facilitate landside operations of
operator to mutuall
-neg
some terms
the marine activi
et sales
r vendor operators at Plaza de Luna regarding
Should a conflict ari
een
Administrator's
decision on the matter shall be
the scope of the .conce
final an

rator the exclusive right to possess and utilize the facilities located
footage of the areas are;
Concession
Storage area;
Brick Patio:

350 s.f
90s.f.
400 sf (approximately). Operator must maintain pedestrian access
through area and access to shower facility in compliance with applicable
federal state and local laws and regulations.

The location of each of the facility referenced above is shown on the Building Layout attached
hereto as Exhibit B and incorporated herein by this reference.

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