FIRST AMENDMENT TO LEASE AGREEMENT
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THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into by and between the
CITY OF CLEARWATER, a Florida municipal corporation (the "LESSOR"). and EDWARD
M. METALLO and URSULA M. MET~LO d/b/a COLONY ~INA RESTAURANT (the "LESSEE").
FIRST AMENDMENT TO LEASE AGREEMENT
WHEREAS, on April 18, 1990, the LESSOR consented to the assignment to
EOWARD M. METALLO and URSULA M. METALLO d/b/a COLONY MARINA RESTAURANT of a Lease
Agreement dated July 3D, 1986, for the operation of a lunchroom and refresh~nt
stand at the Clearwater Marina Building; and
WHEREAS, the LESSOR and the LESSEE have agreed to amend the Lease Agreement
contained herein, the parties do hereby agree as follows:
1. Contingent upon and subject to the approval by the planning and
Zoning Board of a conditional use application to permit on-premises consumption
of beer and wine at the premises, which approval shall be sought by the LESSEE
without assurance by the LESSOR that such approval will be granted, Paragraph
3 of the Lease Agreement dated July 30, 1986, is amended to read:
3. The demised premises shall be used only for the purpose
of conducting therein the business of a lunchroom and refreshment
stand, and as a part of the consideration for this lease Lessee
covenants and agrees that it will maintain therein for the benefit
of the public a lunchroom and coffee shop, serving sundaes and other
milk products, and serving breakfasts, salad lunches and short
orders, and will maintain and keep open to the public said lunchroom
at least twelve (12) hours each and every day, seven days per week,
except as hereinafter provided, and Lessee further agrees that
should the demands of the public justify it, to change said hours
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of open ing to meet such demands upon written request from the
Lessor. The demi sed premi ses sha 11 not be used for any other
purpose during the term hereof except as a lunchroom and refreshment
stand, includina beer and wine sales for on-premises consumption
only, if approved by the Plannina and Zonina Board , and the Lessee
partic~larly covenants and agrees that no beer or alcoholic
beverages shall be sold or served for cons~mption in, or or about
the demised premises.
2. All other terms and conditions of the Lease Agreement shall continue
in full force and effect.
3.
Th i s amendment sha 11 take effect as of f) ~ c2 b
, 1990,
when fully executed by both of the parties hereto.
Countersigned:
CITY OF CLEARWATER, FLORIDA
(LESSOR)
By:
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Ron H. Rabun
City Manager
lta Garvey
Mayor-Commissioner
Approved as to form
and correctness:
Attest:
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WITNESSES AS TO
LESSEE:
EDWARD M . METALLO a~- -~~-
URSULA M. METALLO d/bfa'
COLONY MARINA RESTAURANT
(LESSEE)
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EDWARD M. METAL 0
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URSULA M. METALLO
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