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FIRST AMENDMENT TO BUSINESS LEASE CONTRACT4 . FIRST AMENDMENT TO BUSINESS LEASE CONTRACT THIS FIRST AMENDMENT TO BUSINESS LEASE CONTRACT, entered into this �� day of .� u, L , 2012, ("Effective Date") between the CITY OF CLEARWATER, FLORIDA, a Florida mu icipal corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater, FL. 33756, as Lessor, and CLEARWATER MARINE AQUARIUM, INC, a Florida non- profit corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL 33767, as Lessee (each individually referred to herein as "Party" or collectively as the "Parties"). WITNESSETH: WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated September 12, 2011 (herein "Lease"); and, WHEREAS, Lessor and Lessee agree to amend the Lease under the terms and conditions contained herein; NOW, THEREFORE, the Parties in consideration of the undertakings, promises and agreements herein contained, agree and covenant with each other as follows: Paragraph 14. INSURANCE is deleted in its entirety and replaced with the following: 14. INSURANCE. Lessee agrees to provide at its sole cost and expense the following policy or policies of insurance through firms authorized to provide such insurance within the State of Florida: a. Insurance The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: 1. Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability, with explosion exclusion removed. 2. Business Automobile Liability insurance in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability. 3. Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability which meets all applicable state and federal laws. . b. Additionallnsured The City is to be specifically included as an additional insured on all liability coverage shown in sections 1 and 2 described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. d. Certificates of Insurance/Certified Copies of Policies Prior to commencement of the Lease, the applicant shall provide the City with a certificate o� certificates of insurance showing the existence of the coverage as required by this Lease. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically requested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. e. The certificates and/or certified policies shall be sent or delivered to the Risk Manager and addressed to: The address where such certificates and certified policies shall be sent or delivered as follows: City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: CLEARWATER MARINE AQUARIUM, INC. : L'�'1 Page 2 of 3 . � AS TO LESSOR: Countersigned: ^ ��ry� n ��� �c�.k'�� George N. Cretekos, Mayor Approved as to form: CITY OF CLEARWATER, FLORIDA By: ' � �' William B. Horne II, City Manager Attest: � �� Laura Lipowski Mahony, Ass ant City Attorney Page 3 of 3 Rosemarie Call, �� _ t � _� � ��"�'�;St� . �� ��'�s '� � .�! b � ..� S �A �.� ' t y „r!� i ',� r -, =:� w� _ �� � �, KK