THIRD AMENDMENT TO LEASE AGREEMENT
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THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT is entered into by and between the
CITY OF CLEARWATER, a Florida municipal corporation (the "Lessor"), and
CLEARWATER BEACH SEAFOOD, INC., d/b/a CLEARWATER BEACH SEAFOODS AND RESTAURANT,
a Florida corporation, 37 Causeway Boulevard, Clearwater, Florida (the "Lessee").
WHEREAS, the Lessor and the Lessee entered into a Lease Agreement on
December 12, 1983, whereby the Lessor leased to the Lessee a restaurant and
seafood market; and
WHEREAS, the Lease Agreement was amended on October 14, 1987, to extend
the hours of the raw bar located on the first floor of the demised premises: and
WHEREAS, the Lessor and the Lessee have agreed to amend the Lease Agreement
to include the sale of alcohol for on-premises consumption with meals;
WHEREAS, Section 404.056(8), Florida Statutes, requires Lessor to provide
Lessee a notification regarding radon gas;
NOW THEREFORE, in consideration of the conditions and mutual covenants
contained herein, the parties do hereby agree as follows:
1. Paragraph 3b is amended to read:
3. The demised premises shall be used only for the purpose
of conducting the business of: .
b. A seafood restaurant, including the sale of alcoholic
beveraqes. bcer aFlel wiRc for on-premise consumption, shall be
conducted only on the second (2nd) floor of the demised premises;
a raw bar for the sale of shellfish on the half shell and attendant
side dishes, including the sale of alcoholic beveraqes beer aRe! wiRe
for on-premise consumption~ shall be conducted only on the first
(1st) floor of the demised premises; these portions of the business
shall be open to the public not less than five (5) days each week
during fifty (50) weeks of the year of each and every year of the
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term of the lease; the seafood restaurant sha 11 be open to the
public not earlier than 5:00 p.m. nor later than 12:00 midnight, and
the raw bar shall be open to the public not earlier than 11:00 a.m.
nor later than 12:00 midnight.
2. Paragraph 20 is added to the Lease Agreement dated December 12,
1983, as follows:
20. Radon Gas Notification. As required by Section 404.056(8),
Florida Statutes, the Purchaser shall take notice of the following:
RADON GAS: Radon is a naturally occurring radioactive gas that,
when it has accumulated in a building in sufficient quantities, may
present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding
radon and radon test i ng may be obta i ned from your county pub 1 i c
health unit.
3. All other terms and conditions of the License Agreement, as
previously amended, shall continue in full force and effect.
4.
Th i s amendment sha 11 take effect as of J\o~ ~ 0
, 1990,
when fully executed by both of the parties hereto,
~ned:
R ita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By: M Vi
Ron H. Rabun
CityMan~e.r
Approved as to form
and correct ess:
Attest:
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ATTEST:
CLEARWATER BEACH SEAFOOD, INC.
d/b/a Clearwater Beach Seafoods
& Restaurant
secr~~gmf~'
By:
hJ~Cfl~~~
President
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