FIRST AMENDMENT TO LEASE AGREEMENT FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "Amendment") is made
and entered into on this � day of�7�,�c,� ,�.x.� , 2012, by and between the City of
Clearwater, Florida, a municipal corporation of the State of Florida, hereafter referred to as
"City," whose address is Attn: Parks & Recreation Director, Post Office Box 4748,
Clearwater, Florida 33758-4748, and The Clearwater Golf Club, LLC, a Florida Limited
Liability Corporation, whose address is 525 Betty Lane North, Clearwater, FL 33755,
hereafter referred to as "Club,"(each individually referred to herein as "Party" or collectively
as the "Parties").
WHEREAS, the Parties entered into that certain Lease Agreement (the "Lease") on
April 26, 2011, wherein the City leased the Clearwater Country Club golf course (the "Golf
Course") to the Club for the Club to oversee operations and maintenance of the Golf
Course; and
WHEREAS, pursuant to the original Lease, the Club was responsible to carry
property and boiler and machinery insurance; and
WHEREAS, the parties agree that it is mutually beneficial for the City to assume
responsibility for the property and boiler and machinery insurance.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained hereinafter, the parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated in and
form a part of this Agreement.
2. Insurance, Indemnification and Hold Harmless, Paragraph 20 is hereby revised
and restated as follows:
INSURANCE, INDEMNIFICATION AND HOLD HARMLESS
20. The Club agrees to indemnify and hold the City and its employees harmless
from and against any and all claims, demands, and causes of action or lawsuits of
whatever kind or character arising directly or indirectly from this agreement or the
performance hereof, or its occupancy of the Leased Premises. This indemnity clause
includes, but is not limited to, claims, demands, and causes of action or lawsuits for
damages or injuries to goods, wares, merchandise and property and for any bodily or
personal injury or loss of life in, upon or about the property. This provision shall survive
termination of this Agreement and shall not be limited by the amount of any insurance
required to be obtained or maintained under this Agreement.
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The City shall have the right, at its option, to participate in the control of any
defense of any third party claim without relieving the club of any of its obligations
hereunder.
The Club shall obtain at its own expense, and maintain during the term of this
agreement, the insurance coverages set forth below:
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� Propertv Insurance — Real propertv including improvements or
additions shall be insured by the City through its property self-insurance
program The City reserves the right to insure the propertv throuqh self
insurance or anv other insurance method at its discretion during the term
of this Lease. The City shall bill the Club by providinq invoices in
applicable increments, and the Club shall reimburse the City for the full
cost of the property insurance.
� Boiler and Machinery Insurance — If the buildings or structures
include boiler(s), pressure vessel(s) or air conditioning/heatinq
equipment, the Citv shall insure same throuqh its Boiler and Machinery
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self-insurance proqram. The City reserves the right to insure the Boiler
and Machinerv items throuqh self insurance or anv other insurance
method at its discretion durinq the term of this Lease. The Citv shall bill
the Club bv providinq invoices in applicable increments, and the Club
shall reimburse the Citv for the full cost of the Boiler and Machinery
insurance.
(3) Comprehensive General Liabilitv - Coverage shall be afforded on a
form no more restrictive that the latest edition of the Comprehensive
General Liability policy filed by the Insurance Services Office and shall
include:
a. Minimum limits of$1,000,000.00 per occurrence combined single
limits for bodily injury liability, personal injury, and property damage
liability.
b. Premises and Operation.
b. Independent Contractors.
c. Products or Completed Operations.
d. Personal Injury Coverage with employees and contractual
exclusions removed.
e. Liquor Law Liability; if applicable.
f. Golf carts or other golfing appurtenances not owned by the
Club but brought onto the property by others.
(4) Business Auto Policv - Coverage shall be afforded on a form no more
restrictive than the latest edition of the Business Auto Policy filed by the
Insurance Services Office and shall include:
a. Minimum limits of $1,000,000.00 per occurrence combined
single limits for bodily injury liability and property damage liability.
b. Coverage on all vehicles (owned, hired, and non-owned).
(5) Workers Compensation - Coverage shall apply for all employees for
statutory limits in compliance with the applicable State and Federal
laws. In addition, the policy shall include employer's liability with a
limit of$500,000.00 for each accident. If the self-insured status of the
Club is approved by the State of Florida, the City agrees to recognize
and accept such status upon proof of such approval.
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(6) Personal Propertv — The City shall not insure or self-insure loss to
personal property of the Club. The Club understands that it is solely
responsible for such losses regardless of cause.
Other Reauirements.
(1) The City shall be named as an additional insured on all
insurance policies required under this agreement.
(2) Copies of insurance certificates for all insurance required by
the agreement, and copies of all insurance policies covering
insurance required by this agreement, shall be furnished to
the City Clerk of the City prior to the use of the property.
Not less than sixty (60) days notice of cancellation or restricted modifications of any
insurance policy providing the coverage required by this agreement shall be required on all
insurance policies.
3. All of the terms and conditions of the Lease which are not expressly amended or
deleted herein shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed and delivered this
Amendment the day and year first above written.
THE CLEARWATER GOLF CLUB, LLC.
By:
reg McClimans, President
Countersigned: CITY OF CLEARWATER, FLORIDA
-- c��o��e nc�e�.�� By: ��,���
George N. Cretekos William 6. Horne, II
Mayor City Manager
Approved as to form: Attest: ���`oF ryf�,,`
,����1 r, ,'•�
.� � u.� �� `�' -- �
Laura Lipowski Mahony Rosemarie Call � =-. �
Assistant City Attorney City Clerk �,�����ir
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