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FIRST AMENDMENT TO LICENSE AGREEMENT TO MAINTAIN SIGNAGE AND FENCE• FIRST AMENDMENT TO LICENSE AGREEMENT TO MAINTAIN SIGNAGE AND FENCE This FIRST AMENDMENT TO LICENSE AGREEMENT TO MAINTAIN SIGNAGE AND FENCE ( "License "), is made and entered into this /4/`" day of , 2046 , ( "Effective Date ") by and between the CITY OF CLEARWATER, FLORID , a Florida municipal corporation ( "Licensor" or "City "), and the WEST CENTRAL FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA, a Florida not for profit corporation, whose mailing address is 11046 Johnson Boulevard, Seminole, Florida 33772 -4715 ( "Licensee" or "Boy Scouts ") (individually referred to herein as "Party" or collectively as the "Parties ") . (Whenever used herein the terms `Licensor" and "Licensee" shall include all of the parties to this instrument, and heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WHEREAS, the Parties entered into that certain License Agreement To Maintain Signage and Fence, dated February 11, 2009 ( "Signage and Fence License ") wherein Licensor granted Licensee the right, among other things, to maintain signage and a fence on Licensor's property; and WHEREAS, of even date herewith, the Parties desire to enter into a second license agreement, more specifically, a Public Access License Agreement ( "Access Agreement ") to be granted by Boy Scouts to City in consideration for the Signage and Fence License; and WHEREAS, as of the Effective Date of this Amendment, the Signage and Fence License and the Access License shall each be contingent upon the other continuing to exist. NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows WITNESSETH: 1 Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. License Reciprocity. Signage and Fence License, paragraph 4, License Term, is hereby amended to include subparagraph (d) as follows: "(d) License Reciprocity: The Signage and Fence License and the Access License as described herein, shall each be contingent upon the other continuing to exist. If either License is terminated in accordance with its terms or for any other reason, the remaining License shall automatically extinguish and the License Premises shall revert fully to the Licensor as if this License had never been granted. KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 201/190633 07/20/2011 at 12:14 PM OFF REC BK: 17307 PG: 441-442 DocType :AGM RECORDING: $18.50 3. All other terms and conditions of the Signage and Fence License shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals the day and year first above written. Signed, sealed and delivered In the presence of: Witness sign ture ?bvra_A r Print Witness name itness signatur Jnkk ,t ar;haPr- Print Witness nam Countersigned: Frank V. Hibbard, Mayor Approved as to form: ?4jj-4 X -22t:4?- ura Lipowski Mahony Assistant City Attorney WEST CENTRAL FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA By: Print Name WILL, Title _ c OVT Etc. U CITY OF CLEARWATER, FLORIDA By: 6V: ? ?-' 6. William B. Horne, II, City Manager Attest: OuQthia E. Goudeau, City Cle ??a ;A ? 4y -2 ?.