FIRST AMENDMENT TO LEASE AGREEMENT,
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT is made and entered into this L day of
1M�0►-�� , 2012, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "Lessor" and FRANK CHIVAS, INC. a Florida corporation, d/b/a
The Frank Chivas Restaurant, hereinafter referred to as "Lessee":
WHEREAS, Lessor and Lessee agree to this First Amendment to Lease Agreement in order to
establish the terms and conditions added as a result of expanding the rental space of the Lease
Agreement with Lessee.
NOW THEREFORE, it is mutually agreed as follows:
Exhibit "A" of the Lease Agreement is hereby amended as follows:
Legal Description of Premises:
That certain portion of the first floor of the Clearwater Beach Marina Building
depicted in Exhibit "D" attached hereto and by this reference made a part hereof,
containing 1,300 square feet, more or less, of interior floor area, measured to the
unfinished interior surFaces of its perimeter walls together with the attached loading dock
and ramp located at the easternmost portion of the building; and the entire second floor
containing 6,101 square feet, more or less, measured to the unfinished interior surfaces
of its perimeter walls together with outdoor patio areas totaling 5,522 square feet, more or
less, measured to the exterior surfaces of the second floor perimeter walls and the
interior surfaces of the perimeter railings; and the entire third floor containing 373 square
feet, more or less, measured to the unfinished interior surfaces of its perimeter walls, all
together being a portion of:
Lots 11 and 12, City Park Sub according to the map or plat thereof as recorded in Plat
Book 23, Page 37, of the public Records of Pinellas County, Florida.
2. Paragraph 5a. of the Lease Agreement is hereby amended as follows:
To pay the total sum of $46,620.00 plus tax for the first year of this lease, which shall be paid in
equal monthly payments of $3,885.00 plus tax through September 30, 2012. Each monthly
payment shall be due and payable on the first day of each month.
3. Paragraph 16 of the Lease Agreement is hereby amended as follows:
Lessee shall secure prior written approval from Lessor for modifications or remodeling of
existing facilities or for the construction of any new facilities, such approval not be
unreasonably withheld. The terms remodeling or modifications as used herein shall
include only those events requiring the issuance of a building permit. It is agreed that the
existing improvements, together with any improvements constructed by Lessee during the
term of this agreement on the demised premises, shall become the property of the Lessor
upon the expirations of termination of this agreement; provided, however, that said
reference to improvements herein contemplates improvements to the real estate which
become part of the land as distinguished from personal property utilized by the Lessee.
Lessee acknowledges that all proposed improvements are still subject to local and federal
regulations and approval. The Lessor shall not reimburse Leasee for rent paid for the
leasehold during the pendency of the aforementioned regulatory process, in the event that
such improvements are not otherwise approved.
1 ST Amendment to Frank Chivas Lease Agreement
4. All of the terms and conditions of the Lease Agreement are incorporated herein by
reference and shall continue in full force and effect throughout the remaining term of this
Lease Agreement.
IN WITNESS WHEREOF, the Agreement is executed as of the date first above written.
Assistant City Attorney
1 ST Amendment to Frank Chivas Lease Agreement
CITY OF CLEARWATER, FLORIDA
By: �X.Y���--
William Horne
City Manager
FRANK CHIVAS, INC.
B.
Frank Chivas, President
.
Exhibit "D"
WITNESSETH:
That Lessor does lease and Lessee agrees to lease the following premises, a portion of
what is commonly known as the Clearwater Beach Marina Building addressed at 25 Causeway
Boulevard, Clearwater, Florida, which may be modified or reconstructed as provided herein, all
being more particularly described as follows:
That certain portion of the first floor of the Clearwater Beach Marina Building depicted in Exhibit
"D" attached hereto and by this reference made a part hereof, containing 1,300 square feet,
more or less, of interior floor area, measured to the unfinished interior surfaces of its perimeter
walls together with the attached loading dock and ramp located at the easternmost portion of the
building; and the entire second floor containing 6,101 square feet, more or less, measured to the
unfinished interior surfaces of its perimeter walls together with outdoor patio areas totaling 5,522
square feet, more or less, measured to the exterior surFaces of the second floor perimeter walls
and the interior surfaces of the perimeter railings; and the entire third floor containing 373
square feet, more or less, measured to the unfinished interior surfaces of its perimeter walls, all
together being a portion of:
Lots 11 and 12, City Park Sub according to the map or plat thereof as recorded in Plat Book 23,
Page 37, of the public Records of Pinellas County, Florida
See floor plan drawing
1 ST Amendment to Frank Chivas Lease Agreement
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100 S. Myrtle Ave, Clearwater, FL 33756
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I Map Gen By: CRM !I Reviewed By: TM I Date: 3/30/2012 ' Grid #: 267A li S-T-R: 8-29-15 Scale: N.T.S.
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