FIRST AMENDMENT TO AGREEMENT
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT to that certain Agreement dated August 27, 2003, is made
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and entered into this ~ day of ~:.9. ,2005, by and between the City of Clearwater,
Florida, a municipal corporation, having an office at 112 Osceola Avenue, Clearwater, Florida
33756 (the "City"), and Pinellas Community Center, Inc., d/b/a The Long Center, a Florida non-
profit corporation (the "Center") and The Long Center Foundation, a Florida non-profit
corporation (the "Foundation") both of whose address is 1501 North Belcher Road, Suite 225,
Clearwater, FL 33765, (individually "Party" or collectively the "Parties").
WITNESSETH:
WHEREAS, the Parties entered into that certain Agreement dated August 27,2003,
("Transfer Agreement") wherein the ownership of the improvements on the property located at
1501 North Belcher Road in the City of Clearwater, more commonly known as the Long Center,
were transferred to the City in consideration for the City assuming responsibility, using City
resources, for the maintenance of said improvements, and the oversight of recreational operations
at the Facility; and,
WHEREAS, in addition to the maintenance and operations at the Facility, the Transfer
Agreement transferred ownership of all personal property at the Facility to the City and provided
that the City accommodate certain third party athletic organizations, including Clearwater For
Youth ("CFY") which had a then-current Lease Agreement for use of the Facility; and,
WHEREAS, as additional consideration for the City taking on these and other
responsibilities, the Foundation agreed to contribute at least Two-Hundred Thousand Dollars
($200,000) per year as an annual subsidy for the operation of the Facility; and,
WHEREAS, the Parties now wish to amend the Transfer Agreement to acknowledge
revised lease terms under which CFY shall use the Facility, and provide for the requirement that
if the new CFY lease, being executed of even date herewith, is terminated for other than cause
without CFY receiving comparable lease rights at the Long Center, the Foundation's $200,000
annual contribution shall simultaneously terminate.
NOW, THERFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
in and form a part of this Agreement.
2. Article III. Section l(b)(4). In accordance with Article III, Section 1 (b)(4) of the
Agreement, the Parties mutually agree that the City and CFY shall enter into a
lease agreement ("Lease"), with modified terms and conditions, to be executed of
even date herewith. Relevant modified terms and conditions of the new lease
agreement ("New CFY Lease Agreement") shall include; approximately 247
square feet of administrative office space; use of the Facility; use of City office
equipment; use of City clerical staff, (subject to certain conditions stated therein);
all CFY -affiliated athletic groups shall become City-Co-sponsored athletic
groups; and the City shall direct solicitations for recreational financial support
(normally intended for the City), to CFY so that CFY may direct those
contributions to City Co-sponsored athletic groups. In exchange for the additional
benefits to CFY, CFY will contribute One Hundred Thousand dollars ($100,000)
every five years, to be distributed to City Co-sponsored groups.
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3. Article IV, Section 1. Article IV, Section 1 shall be amended to provide that if the
Lease Agreement is terminated for other than cause, without CFY receiving
comparable lease rights at the Long Center, the Two-Hundred Dollar ($200,000)
annual funding by the Foundation shall be terminated.
4. Article V, Section 2(d). Article V, Section 2(d) is hereby amended as follows.
The first paragraph of the section regarding the City's indemnification of the
Center and The Foundation is hereby deleted. The following language shall be
inserted. "The City hereby agrees to indemnify and hold The Center and The
Foundation harmless from and against any and all claims, demands, and causes of
action or lawsuits arising from this Agreement or the performance hereof, from
the time of execution of this Agreement and thereafter, TO THE EXTENT
PERMITTED BY LAW, SPECIFICALLY FLORIDA STATUTES 768.28.
Nothing contained herein shall be construed as consent by the City to be sued by
third parties in any manner arising from this Agreement, or as a waiver of
sovereign immunity.
Under no circumstances, or in no event shall the City indemnify The Center or
The Foundation, or be liable in any way for claims, demands, and causes resulting
from The Center or The Foundation's ownership, use occupation of the Facility,
or any other party's use or occupation thereof, prior to the execution of this
Agreement.
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5. All other terms and conditions remain the same.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
2~ day of ~A:sL
,2005.
Countersigned:
CITY OF CLEARWATER, FLORIDA
d~;(~ By:
~V.Hibbard /
Mayor
~~-:ff-
William B. Horne, II
City Manager
Approved as to form:
Attest:
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PINELLAS COMMUNITY CENTER, INC.
DBA THE LONG CENTER -*
Attest:
By:
By:
Printed Name: Printed Name:
-* c..crf>or~'" has b.eeV'l d.\S~p\l1e&. S.lV\Ce. o.--l-5':~ (ll~~V-t::e-W1er\-\-.
pl~ ~ CL~dne& u>",-hrnw...:ho..1.
FISHER ENDOWMENT
SUNSHINE PLA YGOUND ENDOWMENT
FINANCIAL STABILITY ENDOWMENT
LONG CENTER ENDOWMENT
H.E. "ZIP" LONG ENDOWMENT Attest:
BY~~~~ By:
Printed Name: HE/')G"RfCf~ E l=7S/-Ikle.
LONG CENTER FOUNDATION, INC. Attest:
~~.~/
By: . ~~.. c)'L~~ By:
Printed Nam .1!N1etF~ ~ip l~v;f~
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Di'lision of Corporations
Florida Non Profit
THE PINELLAS COMMUNITY CENTER, INC.
PRINCIPAL ADDRESS
1501 NORTH BELCHER ROAD
SUITE 225
CLEARWATER FL 34625
Changed 04/09/1992
MAILING ADDRESS
1501 NORTH BELCHER ROAD
SUITE 225
CLEARWATER FL 34625
Changed 04/09/1992
Document Number
N38667
FEI Number
650202114
State
FL
Status
INACTIVE
Last Event
ADMIN DISSOLUTION
FOR ANNUAL REPORT
Event Date Filed
1 % 1/2004
Re istered A ent
Name & Address
ABDO, MARK
1501 NORTH BELCHER ROAD
SUITE 225
CLEARWATER FL 34625
Address Changed: 04/09/1992
Officer/Director Detail
Name & Address
SCHOENIG, WATT
2428 FAIRBANKS DRIVE
Date Filed
06/19/1990
Effective Date
NONE
Event Effective Date
NONE
II Title I
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.. Diyision of Corporations
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CLEARWATER FL 33764
WEA VER, CHARLES
12507 BRONCO DRIVE
II I
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D
D
c:J
TAMPA FL 33626
APPEL T, JIM
29605 US 19 N SUITE 140
CLEARWATER FL 33765
AVBUD, TERRY
3127 SWAN LANE
SAFETY HARBOR FL 34695
LONG, JOHNNY
2315 MINNEOLA RD.
CLEARWATER FL 33764
Report Year
2001
2002
2003
Annual Re
II
II
II
II
orts
Filed Date
04/02/200 I
04/11/2002
01/17/2003
View Events
No Name History Information
Document Images
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01/17/2003 -- COR - ANN REPIUNIFORM BUS REP
04/11/2002 -- COR - ANN REPIUNIFORM BUS REP
04/02/2001 -- ANN REPIUNIFORM BUS REP
02/16/2000 -- ANN REPIUNIFORM BUS REP
04/14/1999 -- ANNUAL REPORT
03/25/1998 -- ANNUAL REPORT
04/18/1997 -- ANNUAL REPORT
06/24/1996 -- 1996 ANNUAL REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
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