TENTH AMENDMENT TO AGREEMENTTENTH AMENDMENT TO AGREEMENT WITH
CHI CHI RODRIGUEZ YOUTH FOUNDATION, INC.
This Tenth Amendment to Agreement with the Chi Chi Rodriguez Youth Foundation, Inc. (the
"Tenth AmendmenY') is made as of the � day o�, 2012, by and between the City of Clearwater,
Florida, a municipal corporation (the "City") and the Chi Chi Rodriguez Youth Foundation, Inc., a Florida
not-for- profit corporation (the "Foundation").
WHEREAS, the City and the Foundation have heretofore entered into that certain "Agreement",
dated November 12, 1985, as amended by the "Amendment to Agreement with Chi Chi Rodriguez Youth
Foundation, Inc.", dated March 5, 1987, the "Amendment to Agreement", dated February 16, 1988, the
"Third Amendment", dated November 20, 1989, the "Fourth Amendment to Agreement with Chi Chi
Rodriguez Youth Foundation, Inc.", dated November 1, 1990, the "Fifth Amendment to Agreement with
Chi Chi Rodriguez Youth Foundation, Inc.", dated March 30, 1992, the "Sixth Amendment to Agreement
with Chi Chi Rodriguez Youth Foundation, Inc.", dated May 21, 1993, the "Seventh Amendment to
Agreement with Chi Chi Rodriguez Youth Foundation, Inc.", dated August 1, 1998, the "Eighth
Amendment to Lease Agreement", dated March 8, 2000 (the "Eighth Amendment") and the "Ninth
Amendment to Agreement with Chi Chi Rodriguez Youth Foundation, INC.", dated August 14, 2007 (the
"Ninth Amendment") (collectively, the "Agreement"); and
WHEREAS, pursuant to the Agreement the City leased certain property to the Foundation; and
WHEREAS, the Foundation developed and operates a golf course on the leased property ("The
Chi Chi Rodriguez Golf Club") that not only furthers its mission to mentor at risk school children through
the provision of after-school and summer programs ("Chi Chi Rodriguez Academy" or the "Academy"),
but also provides the opportunity for affordable, recreational golfing to citizens of the City as well as
other members of the public; and
WHEREAS, the Foundation's actions in cooperation with the Pinellas County School District have
resulted in an on-site, high-scoring school with 11 professional educators serving at-risk children in
grades four through eight ; and
WHEREAS, since April 2009, the Foundation has transformed a run-down driving range on the
east portion of the leased property (the Chi Chi Golf and Family Sports Complex ") into an attractive,
public, family oriented sports complex that provides additional recreational opportunities to citizens of
the City and others through the investment of cash and in-kind donations in an amount in excess of
$490,000, which investments were not contemplated at the time that the Eighth and Ninth
Amendments were entered into; and
WHEREAS, the Foundation averages annually $300,000 per year from the proceeds of the golf
course to offset expenses for the Foundation's cooperative school and other at risk programs;
WHEREAS, the parties desire to amend the Agreement;
NOW, THREFORE, in consideration of the premises and other consideration, the receipt and
sufficiency is hereby acknowledged by the parties
1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this
Agreement.
2. In consideration of the benefits to the facility, golf course, at risk children and the citizens of the
City of Clearwater in the form of the Foundation's improvements to the Chi Chi Golf and Sports
Complex, and maintenance thereof, and monetary and in-kind contributions to the Academy, the City
hereby waives the requirement for rents due under Section 2 of the Eighth Amendment and Section 3 of
the Ninth Amendment. To that end, Section 2 of the Eighth Amendment and Section 3 of the Ninth
Amendment are hereby deleted in their entirety from the Agreement, shall be of no further force and
effect, and any rent heretofore accrued since the subject provisions became effective is hereby waived.
3. All of the terms and conditions of the Agreement which are not expressly amended or deleted
herein shall continue in full force and effect.
CITY OF CLEARWATER, FLORIDA
BY: ��I��u.JL
William B. Horne, II
City Manager
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
CHI CHI ROGRIGUEZ YOUTH FOUNDATION
By: �` �� ''"� 1 �`'�C�
Countersigned:
-�C�QO��e n C���ps
George N. Cretekos
Mayor
Attest: