FIRST AMENDMENT TO BEACH WALK TEMPORARY PARKING PATEL PROPERTY LEASE AGREEMENTFIRST AMENDMENT TO BEACH WALK TEMPORARY PARKING PATEL PROPERTY LEASE
AGREEMENT
THIS FIRST AMENDMENT TO THE TEMPORARY PARKING LEASE
AGREEMENT is made and entered into this 310 day of Aeutx Az ? , 2008,
by and between K and P Clearwater Estate, LLC, 100 Coronado Drive, Clearwater
Beach, Florida 33767, herein called the "Lessor", and The City of Clearwater, a Florida
Municipality, 112 South Osceola Avenue, Clearwater, Florida, 33756, herein called the
"Lessee".
WITNESSETH:
WHEREAS, Lessor and Lessee agree to this First Amendment to the Temporary
Parking Lease Agreement pursuant to the terms described herein.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained in this First Amendment to the Temporary Parking Lease Agreement, Lessor
and Lessee hereby agree as follows:
Paragraph 3 of the Temporary Parking Lease Agreement shall be
amended as follows:
RENT. Exhibit A, once finalized, will provide a detailed itemization of
Lessee's incurred cost for improvements done to the Demised Premises,
and such costs are not to exceed $150,000.00. Lessee agrees to pay the
sum of $120 per parking space monthly due on the 1st of each month
beginning March 1, 2007. Simultaneously with the execution and delivery
of this lease, the Lessee shall pay the first month's rent. Lessee agrees
to lease a minimum of 67 203 total parking spaces the first month aRd aR
additional 36 narking spaces begffiMiRg n April 1, 2007 en the same
terms and GeRde increased from a formerly agreed to minimum of
103 total parking spaces: however, 6 of the total spaces shall be
designated nonrevenue-generating, disabled parking spaces. Moreover,
upon this Amendment taking effect, Lessor agrees to forgo collection of
rent from the revenue-generating parking spaces, and allowing the
Lessee to deduct the amount rent due against the total cost of
improvements until the Lessee has recovered the total cost of
improvements, as indicated by Exhibit A, which shall not exceed
$150,000.00. As such, payment shall be first due to Lessor only after
Lessee has recovered improvement costs and will be remitted to Lessor
on the first of each subsequent month until the termination of this
Lease, on only the 197 revenue-generating parking spaces.
2. Paragraph 5 of the Temporary Parking Lease Agreement shall be
amended as follows:
LEASEHOLD. The Lessor leases to the Lessee the following described
property ["Demised Premises"], including all improvements thereon, located
in Pinellas County, Florida, to wit:
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Parcel No. 1: Lot 1, Block "A", Columbia Subdivision, according to plat
thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas
County, Florida, together with the vacated Southerly 1 foot of Gulf View
Boulevard adjacent to said Lot 1, and the vacated westerly 1 foot of
Coronado Drive adjacent to said Lot 1, said vacated portions being shown
by Resolution filed November 27, 1959, in O.R. Book 757, Page 40,
Public Records of Pinellas County, Florida, and also Lots 44, 45, 46, 47,
90, 91, 92, 93, 94, 95, 96, and 97, The Lloyd-White-Skinner Subdivision,
according to plat thereof recorded in Plat Book 13, Pages 12 and 13,
Public Records of Pinellas County, Florida, together with the vacated
westerly 1.86 feet of Coronado Drive adjacent to said Lot 93.
Parcel No. 2: Lots 48, 49, 50, 51, 52, and 98, The Lloyd-White-Skinner
Subdivision, according to the map or plat thereof as recorded in Plat Book
13, Page 12, Public Records of Pinellas County, Florida.
Parcel No. 3: Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101,
all of Lot 102, and the North 30 feet of Lot 103, Lloyd-White-Skinner
Subdivision, according to the map or plat thereof as recorded in Plat Book
13, pages 12 and 13, public records of Pinellas County, Florida.
Parcel No. 4: Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101,
Lloyd-White-Skinner Subdivision, according to the map or plat thereof as
recorded in Plat Book 13, pages 12 and 13, public records of Pinellas
County, Florida.
3. Paragraph 6 of the Temporary Parking Lease Agreement shall be
amended as follows:
USE OF PREMISES. Lessee shall have the use of the entire Demised
Premises.
agfeement. Lessee covenants and agrees to make no unlawful, improper or
offensive use of the Demised Premises. At the termination of this lease,
Lessee agrees to return the Demised Premises, including all fencing and
gates, to the Lessor in as good condition as at the effective date of this
agreement, subject to normal wear and tear and subject to the existence of
the agreed improvements listed in Exhibit "A".
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paFk*ng spaGes eXGlusively fGF the use of its employees, -agents, and
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4. All of the terms and conditions of the Temporary Parking Lease
Agreement are incorporated herein by reference and shall continue in
full force and effect throughout the remaining term of this Agreement.
IN WITNESS WHEREOF, the parties have authorized the below signed officers to
execute this First Amendment to the Temporary Parking Lease Agreement on the date first
above written.
K&P Clearwater Estate, L.L.C.,
a Florida limited liability company
By:
Print Name-
Tit le:
Countersigned: CITY OF CLEARWATER
By:
Frank V. Hibbard William B. Horne, II
Mayor City Manager
WITNESSES:
App
Assistant City Attorney
Attest:
Cyn is E. Goudeau
City Clerk , y OF C/1
ell
RECORD DRAWINGS
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REVISION
CITY OF ClEARWATER. f1.QRIDA
ENGINEERING DEPARTMENT
100 S. Vyrtle Ave.
CleuWllter. F1 33756
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SUNSHINE STAlE
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BEACHWALK TEMPORARY PARKING
PATEL LOT S. PROPERTY
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"Exhibit A"
Page 2 of 2
Inventory of Improvements to Temporary Parking Lot:
• Perimeter curbing
• Regularly spaced Cabbage Palms in cluster of three surrounding
perimeter of lot with irrigation
• Regularly spaced decorative fountain grass surrounding perimeter of
lot with irrigation
• Smooth graded millings
• Decorative fencing as needed to direct pedestrians near pay stations
and to nearest pedestrian crossings.
• Wheel stops for all parking spaces.
• Lighting
• Appropriate directional and parking signs
• Removal of improvements upon termination of lease
Costs yet to be determined but not to exceed $150,000.