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AMENDMENT TO AGREEMENT (2) ....T_.~'>;~_".,. .. .; 1 I AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT is made and entered into this l'f~ day of -r . ,1989, by and between the CITY OF CLEARWATER,.FLOR\QA, a municlpal )corporation, hereinafter referred to as IICity,1I and CLEARWATER SHUFFLEBOARD CLUB, a Florida nonprofit corporation, located in Clearwater, Florida, hereinafter referred to as the IIClub,1I as an amendment to that certain agreement previously entered into between the parties on October 22, 1987 (the "Agreement"); WIT N E SSE T H : WHEREAS, the City owns the Clearwater Shuffleboard property ('IPropertyll) in the City of Clearwater, which Property is used by the Club; and WHEREAS, the Club has constructed a roof canopy over thirteen shuffleboard courts ("faciliti') in accordance with the Agreement, and now desires to install further improvements to the facility as described herein; NOW, THEREFORE, in consideration of the premises and of the covenants and agreements between the parties,' it is mutually agreed that the Agreement is amended to read as follows: 1. The Club may construct a roof canopy over thirteen shuffleboard courts at the Property, and may install sidinq consistinq of slidinq qlass windows or doors around the roof canopy, according to plans and specifications approved by the City, and upon completion of the canopy and sidinq improvements facility the Club shall have a license to use the facility according to the provisions of this Agreement as amended and the prior Agreement between the parties dated July 24, 1981, which shall continue in full force and effect. 2. Following review and approval of construction plans the City will forward a supplemental payment of $15.000 for the sidinq. in addition to the payment of $17,500 paid by the City to the Club for the roof canopy project. The Club shall repay the City $12,500-over a five-year period, interest free, plus $10.000 in a supplemental four-year period. interest free. in annual payments of $2,500 per year. Payments shall be made on or before September 1 of each year with the first payment being due on September 1, 1988, which payment has been made to the City. The second payment shall be due on September 1. 1989, and the final payment shall be due on September 1, 1996~. , Q' (I' ,1' ..... / \ . \;, , ut.J~(,. ~)l.d) ~4t,U. 6'1q(8' 7 1 f)O ~/~'!/()o /fJ(0) : ; , . I , J . 4.... ..; - 3. The parties agree that, upon completion, the improvements facility shall become the property of the City. The parties further agree that the Club shall have priority use of the facility. 4. The Club shall be responsible for the timely payment of a~l contractors and subcontractors and other persons working on the project, and shall not allow any mechanic's lien to be placed on the Property. 5. The Club shall be responsible for making certain that all persons who work on this project have the proper licenses, permits and qualifications to perform said work. The City will pay for the necessary building permits; however, the Club, as contractor, will be responsible to call the building department for inspections. 6. During construction the Club shall keep the premises in a safe, functional, neat and orderly condition, and shall keep the premises clean by placing all trash and debris in suitable City containers available for pickup and collection by the City. 7. The Club shall at its expense be responsible for furnishing all equipment, fixtures and related items used and required in the operation and use of the facility by it and its representatives and agents. 8. The City agrees to be responsible, following the completion of the improvements facility, for interior and exterior painting, and for repairs that may become necessary. 9. The Club agrees that under no circumstances will alcoholic beverages be sold or consumed in the facility when completed. 10. This Agreement shall continue in force and effect until September 30, 1996, for a term of five (5) years from the date hereof, unless sooner terminated as hereinafter provided. The City may terminate this Agreement in the manner set out herein where anyone or more of the following events occur: Should the Club's activities be found to be in violation of any law or ordinance; in the event the Club violates any of the provisions contained in this Agreement; or if the City needs the Property for another public purpose. In any such case, except where the Property is needed for another public purpose, the City shall give thirty (30) days written notice of the violation, and if the violation is not cured within the thirty (30) day period, then this Agreement shall be deemed \ terminated without further notice required by the City. If the City determines that the Property is needed for another public purpose, such determination shall 2 -. i \ '-, ~~ L.- t."ll .- . I I become effective upon the City furnishing thirty (30) days written notice of termination for such reason. Upon the termination of this Agreement, the Club ~~ shall have thirty (30) days from the date of termination, at its expense, to remove its -equipment from the premises; otherwise, the equipment shall bec;,.,ome the property of the City. If any damage -is done to the City premises in the removal of such equipment, the Club League shall at its expense immediately repair such damage. 11. The City shall have the right through its agents to make reasonable inspections of the premises and the operation thereof to see that it is being conducted in a proper manner under the terms of this Agreement. 12. This Agreement shall not be assignable. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. CITY OF CLEARWATER, FLORIDA BY:~~ ~ ~ Ron H. Rabun - U - - City Manayer- " Approved as to form and correctness: Attest: - - -...... ~ , - 0. ~~\~~ {;-."_'~~ ~i.~ E.. Go~.cJ~au~.~: Clty Cler-k-,_--, ." Witnesses: CLEARWATER SHUFFLEBOARD CLUB ()JJJc# ~ Joa~r (,it~y By: 0~~ President A:shufflebd.2 3 "":...