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FIRST AMENDMENT TO LICENSE AGREEMENT ... ~!: f' I I FIRST AMENDMENT TO LICENSE AGREEMENT WHEREAS, the City of Clearwater, Florida, a municipal corporation ("Licensor"), and The Kimberly Home, Inc., a Florida corporation not-for-profit ("Licensee") did enter into that certain License Agreement For Vehicular Parking dated July 26, 1996 ("Agreement"); and, WHEREAS, the parties to said Agreement are mutually agreeable to amending said Agreement; now therefor agree as follows: 1. The legal description in paragraph 1 (Premises) of the parcel encumbered by the Agreement is hereby amended to include all of the following described lands: Part of Lot 1 described as follows: Beginning at the Quarter Section Corner Marker of Section 15, Township 29S, Range 15E of Pinellas County, Florida, run South along the Section line 62.8 feet, thence West from East at 900 angle, 25 feet to property line of Lot 1, Block 0, BASSADENA, Clearwaler, Pinellas County, Florida, Plat Book 6, Page 26 of Public Records of Pinellas County, for P.O.B., thence South along East line of Lot 1, 59.6 feet; thence West along South line of Lot 1 at 890 angle, 49.7 feet; thence Northwest along South- west line of Lot 1 at 1210 angle, 49.2 feet; thence Northeast along along Northwest line of Lot 1 at 920 angle, 57.0 feet to P. R. M.; thence on a circle whose radius is 19 feet, its arc being the NE P.O.B., all of Lots 2, 3 and 52, and Lot 51 LESS the South 14.4 feet, Block 0, BASSADENA, as recorded in Plat Book 6, Page 26, Public Records of Pinellas County, Florida. 2. Licensee shall have the right and privilege, at Licensee expense, to remove the existing 2' X .7' CBS wall extending easterly along the southerly boundary of Lot 3, Block 0, BASSADENA to approximately the east boundary line of said Lot 3; and to grade that portion of the License Premises extending to its southerly limits in Lot 51, Block Dr BASSADENA to conform to the grade and contour of the remainder of the License Premises. The surface area of the graded area shall be seeded, sodded or otherwise surfaced to conform to the existing surfacing of the remainder of the License Premises. 3. Licensee shall have the additional rights and privilege, at Licensee expense, of installing fencing and landscaping the License Premises in conformity with a plan to be submitted to and approved by the City's landscape architect; and the obligation to install an underground and/or drip watering system capable of maintaining the planted landscaping in a healthy condition. --:"i . -. I I 4. In the implementation and operation by Licensee of all additional rights and privileges granted herein, explicit reference is hereby made to the provisions of paragraph 4. (Liability/Indemnification) and paragraph 5. (Insurance), which shall fully apply to the aforesaid License Agreement as hereby amended, 5. All other terms and provIsions of said License Agreement not amended hereby remain unchanged and in full force and effect. IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals this 3 d day of TYla..t"d, , 1999. Signed, sealed and delivered in the presence of: ) THE KIMBERLY HOME, INC. ~ BY:/?-'71tl '. ',' Ronal aY,~ WITNESS signature ~Q~ne\ C~ Print witness name ' ~/!>~ WlJNESS signature ~ I L e e/J/ !2 (!, fI:/Y Ai z te- Print witness name Attest: llft ~ 6a~ ~ Baralt, Secretary counterSigned. ~ &-" ~p.''+AI :r. AUN'-SJ' , Print name - Mayor Commissioner CITY F CLEARWATER, FLORIDA - By: Michael J. Roberto, City Manager Approved as to form: Attest: ~~aar!t~ Fyn i . G~Udeau, City Cle ~ ~ , John Carassas, Assistant City Attorney Kimberly 1 st Amend 039gewb.doc , . ~ EXHIBIT "A" ~ ~@[~tlJ(}={] 1" = 40' I FIRST AMENDMENT TO LICENSE AGREEMENT - KIMBERLY HOME (Page 1 of 2) S'\. t>-~ \) ~x.. \,.. C\,..~ ~trS'\ ~S.(\ ~O 10565 sq. ft. (0.24 acres) w > <( 5 a::: => o (f) (f) L 3186 sq. ft. (0.07 acres) NOTE: This is not a survey! . . ~ .. EXHIBIT "Au (paae 2 ot 2>> 1 st Ame,dment to license Agreemellt - Kimberly Home ,. No beerjnOi er angles shown 00 plot. Beoril)9s shown ere based 00 ooassuned beeringof S 00'00 00 E olOOlJ the lest ri~t of toy line of Yissori Avenue. 2. This bot.tldery S\l'vey IOS perfCX'aed 00 the cround 00 July 21. 1995. 3. lnfercrWld uti! ities were not located. No uti lity eoserrents ere sho1l1l 00 the U'lderlyifl9 plot er in the title coomitll8lt. 4. The descriptioo sho1fl hereoo is tcien from Old RepU)1 ic NatialOl Title Insu-once CaII>ony Commitment No. CA 205135 lith 00 effective dote of July 6. 1995. 5. This S1J'V8J er my port thereof shot I not be reproduced lithoot the ..itten coosent of Post. Buckley. Sctdl & Jernigm. 6. Reproductioos of this S\l'vey ere not yalid ooless eat>ossed lith the U'ldersi~ed SU"YeyCX"s seal. . SOOYEY NOTES I :i CERTlF lED TO: City of Cleerroter. Flerido. 0 lAtlicipol Cerpcratioo of the State of F1erido Lois Y. Hanl in. 0 single 100m Old Republic Notional Title Insurance Company Century Title & Abstract. Inc. LEGAL DESCRIPTION: Pert of Lot 1 described as follolS: Beoiming at the ~erter Sectioo CCX'ner Ma'ker of Sectioo 15. Township 29S. Range tSE of Pinellas CCUlty. Flerido. r\l\ South 01000 the Sectioo line 62.8 feet. thence lest frail East at 90- 0091e. 25 feet to pr(.l)Ell"ty I ine of Lot t. Block D. BASSEDENA. Cleerlater. Pinellos CCUlty. F lerido. Plot ~ 6. page 26 of Plbl ic Reccrds of Pinellos COltIty. fer P.O.B.. thence South 01000 EaSt I ine of Lot t. 59.6 feet. thence lest 01C1lg Sooth line of Lot 1 at 89' CIlgle 49.7 feet. thence Nerthrest alalQ Soothlest I ine of Lot 1 ot 121' CIlgle 49.2 feet. thence NCX'theast OlalQ Nerthwest line of Lot t at 92' CIlOle 57.0 feet to P.R.".. thence ell 0 : circle whose radius is 19 feet its ere beifl9 the HE P.O.B.. 011 of Lots 2. 3. Old 52 CIld lot 51 less Sooth 14.4 feet. Block D. BASSEDENA. as recCX'ded in Plot Bod<. 6. 1Xl98 26. N>I ic Reccrds of Pinellos eMty. FICX'ido. LECEND rlR rOUND IRON ROO rCM FOUND CONCRETE MONUMENT riP FOUND IRON PIPE I MI MUSURED I PI PLAT ICI CALCULATED 101 DEED CH CHORD DISTANCE CB CHORD BEARING PB PUT BOOK PG PAGE SIRC SET IRON ROO l CAP LB 24 POB POINT Of BEGINNING POC POINT Of COWUENCEMENT TWP. TOWNSH I P RNG. RANGE R/. RIGHT. Of-WAY CBS CONCRETE BLOCK STRUCTURE BOUNDARY SURVEY JOB NOI 60-905.11 Field Book 811 DATE 07-28-95 Revl ~ ,. . 40' Revl Orown 8YI PJM Checked BYI OCS [HCINEERS,PL.vtIERS , SURVEYORS SJOO WEST CYPRESS STREET. SUITE JOO TUoIPl. FLORIDA 33607 ~