THIRD AMENDMENT TO AGREEMENT. 4 �
THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT to that certain Agreem�nt dated December 30, 2003,
("Agr�ement") is hereby made and entered into an Avdt(/T �Z� , 2011, by and
between the CITY �F CLEARWATER, a municipal corporation of the State of Florida, whase
address is: Attn: Parks and Recreation Director, P.O. Box 4748, Clearwater, FL 33758�748,
hereinafter referred to as the �City° and THE WINNING INNING, INC., a Florida Corporation,
whase address is P.O. Box 15953, Clearwater, FL 33766, hereinafter referred to as "Agency".
WHEREAS, City and Agency desire ta extend the Agreement fior one (1) additianal five
(5) year period ("Extended Term"); and
WHEREAS, the Parties desire to clarify certain terms and conditions of the Agreement,
including but not limited to the grant to the Agency of a License to access and utilize the City
property.
NOW, THEREFORE, the parties agree as follows:
1. Term. Article I, Term, is amended to provide for an �xtension of five (5) years
beginning February 1, 2012 and ending January 31, 2Q17.
2. Use of Jack Russell Memorial Stadium. Article II, Responsibilities of the Agency,
paragraph 2(a) is hereby amended and restated to read as follows:
a) Use of Jack Russell Memorial Stadium. The City does hereby grant to
Agency, a non-exclusive License to enter upon and use Jack Russell Memorial Stadium
to operate the Programs and services described in paragraph 1(a) and Article IV. In
addition, the Agency shall utilize existing ofFce space within the stadium. Such property
shall hereinafter be referred ta as the "Licensed Premises°.
3. Liability and Indemnification. Article II, Responsibilities of th� Agency, paragraph 10
is hereby amended ta add the follawing sentence at the end of the paragraph. "This provision
shall survive terminatian or expiration ofi this Agreement".
�. Grant of In-kind Services. Article III, Responsibilities of the City, paragraph 2(e), is
added to read:
e) All City obligations as provided for herein shall be subject to funds availability.
In the event funds to finance this Agreement or the facility become unavailable, the City may
terminate the AgrEement upon no less than twenty-faur (24) hours notice in writing. Said notice
shall be delivered by cert�ed mail, retum receipt requested, or in person with proof of delivery.
The City shall endeavor, whenever possible and consistent with its legal abligatians and
principals of prudent management, ta pravide thirty (30) days notice of terminatian far lack of
funding.
5. Termination. Article VI, Terminatian, paragraph 2, Municipal Purpose shall be
amended to add the follawing ta the end of the paragraph:
Notwithstanding this provision, any obligation expressly intended to survive
termination or expiration as spec�cally set forth herein, shall survive.
,�.
All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHERE�F, the parties have executed this Amendment the day and year
first above written.
Countersigned:
�� � ��
Frank V. Hibbard
Mayor
Approved as to form:
Laura Lipowski Mahony
Assistant City Attomey
THE WIN INNING, INC.
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By:
Ran y Halland, President
CITY OF CLEARWATER, FLORIDA
By: - �. a��
illiam B. Horne, II
City Manager �
Attest:
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Rosemari� Call
City Clerk
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By:
oy ilver, Vice President