THIRD AMENDMENT TO AGREEMENT
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I NST :JI: 92--153320
MAY 27, 1992 5:40PM
PINELLAS COUNTY FLA.
OFF.REC.BK 7920 PG 1653
THIRD AMENDMENT TO AGREEMENT
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C_oCL_ TH IS THIRD AMENDMENT TO AGREEMENT is made and entered into thi s ~oA
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day of 1J.~, 1989, by and between the CITY OF CLEARWATER, FLORIDA, a
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--municipal corporation hereinafter referred to as "City", and the CHI CHI
---RODRIGUEZ YOUTH FOUNDATION, INC., 1345 Court Street, Clearwater, Florida,
(0 t S() 34616, he rei nafter referred to as "Foundat ion" .
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WIT N E SSE T H:
WHEREAS, the Foundation has constructed a publ ic golf course on City
owned land located on the west side of the McMullen Booth Road pursuant to the
Agreement between the parties dated November 12, 1985; and
I/HEREAS, the Foundation plans to operate an environmental/vocational
education and rehabilitation program for young people, which will be of
benefit to the City; and
HHEREAS, the Foundat i on has constructed all improvements wi th pri vate
funds; and
WHEREAS, the Foundation has requested and the City has agreed to provide
financial assistance to pay/the transportation impact fees for the site;
NOW THEREFORE, in consideration of the premises and of the covenants and
agreements between the parties, it is mutually agreed as follows:
1. The Agreement is amended by adding a new Paragraph 36 to read:
36. The City shall loan the Foundation $45,440 at no
interest with such funds to be used to pay the required transportation impact
fee s .
a. The total loan of $45,440 shall be repaid to the City by
the 'Foundat ion in fi ve equal annual. payments of $9,088 per yea r, without
interest. Payment shall be made on or before the 15th day of November of each
year with the fi rst payment due on November 15, 1990, and the fi nal payment
due on November 15, 1994.
b. If the Foundat ion shoul d defaul tin the performance of
its obligations hereunder, then the City of Clearwater shall furnish to the
Foundation and to any creditor of the Foundation having a secured interest in
the~asehold under this Agreement a notice in writing specifying the default
and giving the Foundation thirty (30) days in which to correct the default.
If the defau"lt is not corrected within thirty (30) days after giving this
This'
mstrument was prepared by:
M, A. Galbraith, Jr.
City Attorney
City of Clearwater, P. O. Box ,17.18
Clearwater, FL 34613-.i74/l..
\. _ RETURN TO~
\J CITY CLERK
POST OFFICE BOX 4748
CLEAR1Ml\TER. FI :iL1R1'L17.-l
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, F' I NELL AS COUNTY FLA:
OFF.REC.BK 792~ _~G_ ~6~4
not ice, then the City may termi nate thi s Agreement and immedi ately take
possession of the leased property, and all improvements thereon shall become
the property of the Ci ty, subject only to the ri ghts of a credi tor of the
Foundation having a secured interest in the leasehold superior to the interest
of the Ci ty, if any.
2. All other terms of the Agreement, including all prior amendments
thereto, shall continue in full force and effect and are incorporated herein
by reference as if set forth in full.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the
date first above written.
CITY OF CLEARWATER, FLORIDA
Attest:
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By:
Rita Garvey
Mayor-Commissio
Approved as to form and correctness:
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Milton A. Galbrait ,
Ci ty At torne
CHI CHI RODRIGUEZ YOUTH FOUNDATION,
INC.
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By:
Attest:
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As to Chi Chi Rodriguez Youth
Foundation, Inc.