FIRST AMENDMENT TO PARKING FACILITY AGREEMENT
"'0 r.
~
FIRST AMENDMENT TO PARKING FACILITY AGREEMENT
THIS AMENDMENT TO THAT CERTAIN PARKING FACILITY
AGREEMENT by and between the City of Clearwater ("City") and the School
Board of Pinellas County, Florida ("Board"), is made and entered into this :J.crJb.....
day of September 2004.
WHEREAS, The City of Clearwater, Florida, a municipal corporation,
("City") and the School Board of Pinellas County, Florida ("Board"), (collectively
"parties"), did enter into that certain Agreement dated August 23, 1995 regarding
construction, maintenance and joint utilization of a paved parking lot facility
("parking facility") adjacent on the north to the former North Greenwood Branch
Library ("Library") located at 1250 Palmetto Street, Clearwater, Florida; and,
WHEREAS, paragraph 9 of the Agreement provides that in the event of
any unforeseen questions arising out of use of the parking facility or otherwise
arising under the Agreement. said questions shall be settled in writing between
the Superintendent of Schools and the City Manager, or their respective
designees; and,
WHEREAS, the parties mutually desire to amend said Agreement;
NOW THEREFORE, in consideration of the covenants herein contained
and other good and valuable consideration, the receipt and suffiCiency of which is
hereby acknowledged, said Agreement is hereby amended as follows:
1. Paragraph 1 - Term. The Agreement stands renewed for an additional ten
(10) year term commencing August 23,2005 and ending August 22,2015.
2. Paragraph 6 - Restriction on Use. The parking facility may be utilized as
otherwise provided in the Agreement by a City tenant occupying the Library so
long as such occupancy complies with the following requirements:
a. Said tenant shaff be recognized as a tax-exempt organization under
Section 501 (c)(3) of the Internal Revenue Code.
b. In the event that entering into a lease of the Library with a tax -
exempt organization, or the operation of such lease, shall create
any ad valorem or tangible personal property tax obligations not
exempt from taxation as provided in Chapter 196, Florida Statutes,
tenant shall be solely responsible and required to timely pay such
taxes as levied.
c.
The tease of the Library by the City shall contain a recapture
provision that upon sixty (60) day written notice tenant shall vacate
the library in the event the City Council detennines at a duly
constituted City Council meeting that the library is needed for other
municipal purposes.
d. Insurance and indemnification provisions applicable to the use of
the parking spaces by tenant shall be provided for in the lease
agreement between City and tenant.
-~
3. Paragraph 8 - A88lanR\8~ Il18D8Cti~ and.. termination. The parties
mutually agree that the City may assign its use of the ten (10) parking spaces as
provided in paragraph 5 of the Agreement to a tenant meeting and complying
with the provisions of paragraph 2 above.
4. Except as provided herein and amended hereby; all other terms and
provisions of said Agreement remain in full force and effect.
IN WITNESS WHEREOF I the parties hereto have executed this First
A~~t to Parking Facility Agreement this actU-A- day of
~~ ,2004.
CITY OF CLEARWATER,
~
By: . . ~J:!
William B. Home, II
City Manager
By:
Approved as to form:
,~
La a Lipowski
Assistant City Attorney
Approved as to form:
r~
Attest:
!:La