FIRST AMENDMENT TO AGREEMENT
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FIRST AMENDMENT TO AGREEMENT
THIS Amendment to that certain Agreement ("Agreement") dated October 18,
2004, is hereby made and entered into on ~.;l~ ~()og, ~ between the
CITY OF CLEARWATER, FLORIDA, a municip corporation of the State of Flonda,
("City") and THE UPPER PINELLAS ASSOCIATION FOR RETARDED CITIZENS,
INC., a Florida non-profit corporation, ("Agency").
WHEREAS, City and Agency agree to amend the Agreement between the two
parties to decrease the area to be occupied and used by Agency; and,
WHEREAS, the Agency's responsibility for certain costs related to its use and
occupation shall be correspondingly decreased on a pro-rata basis.
NOW THEREFORE, the Agreement is hereby amended as follows:
1. The City and Agency agree that certain areas of the building will be
returned to the City for the City's use in conjunction with the Center as reflected in
Amended Exhibit "B", attached hereto and incorporated herein. Amended Exhibit liB"
shall supersede Exhibit liB" in all respects and shall be binding on the parties.
2. Article II, Paragraph 5(a)(2) is amended to provide that the Agency pay
40% of the following enumerated costs and shall read: For the following items that are
shared with the City, the Agency will be billed monthly to pay 40% of the bill, payable by
the 20th of the month.
. Water - domestic (excludes pool water)
. Sewer
. Storm Water
. Gas (for hot water heater boiler)
. Utility Tax
. Fire Alarm Maintenance
. Electricity (excludes the aquatic facility, athletic field lights, playground
lights and concession area meters)
3. Article II, Paragraph 5(c) is amended to provide that Agency no longer be
responsible for air conditioner and roof capital maintenance and shall read as follows:
The Agency will provide replacement maintenance for all major capital components of
the building including painting, plumbing and electrical for all areas described in Exhibit
"B".
4. Article III, Paragraph 2(f) is added to provide that the City shall be
responsible for air conditioner and capital maintenance and shall read as follows: The
City shall provide for replacement maintenance for all major capital components of the
roof and HVAC system for all areas of the Center, including the area as described in
Amended Exhibit "B".
1
IN WITNESS WHEREOF, the parties have executed this Amendment the day
and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
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Frank V. Hibbard
Mayor
By:
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William B. Horne, II
City Manager
A~S to form: _'
Laura LiPOWS~
Assistant City Attorney
THE UPPER PINELLAS ASSOCIATION
FOR RETARDED TIZ S, C.
By:
Printed N me:
Thomas J. Buckley, E
Executive Director
Upper Pinellas Ass .
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USED FOR SENIOR CENTER
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