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SECOND AMENDMENT TO AGREEMENT SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT to that certain Agreement dated December 30, 2003, ("Agreement") is hereby made and entered into on Febrvo.yy I) 2.007 ,2007, by and between the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is Attn: Parks and Recreation Director, P.O. Box 4748, Clearwater, FL 33758--4748, tlereinafter referred to as the "City" and THE WINNING INNING, INC., a Florida Corporation, whose address is P.O. Box 15953, Clearwater, FL 33766, hereinafter referred to as "Agency". WHEREAS, City and Agency desire to extend the Agreement for one (1) additional five (5) year period ("Extended Term"), clarify Section 10 regarding indemnification, as required by law; and NOW, THEREFORE, the parties agree as follows: 1. Term. The Term of the Agreement is hereby extended for five (5) years beginning February 1, 2007 and ending January 31,2012. 2. The following shall be added at the end of Section 10: Nothing herein shall be construed as consent by the City to be sued by third parties, or asa waiver or modification of the prOVisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first above written. CITY OF CLEARWATER, FLORIDA 7~r~ ~~~~.~~ F~V. Hibbard William B: tfori']e, II - -_ Mayor City Manager ~ - - - .- -- ' - - ... .. Countersigned: ,- .... .-- Approved as to form: ct, ~ :11. }) Laura Lipowski . Assistant City Attorney Attest: /-II-d 7 an y Holland, President /". ..;- '- By: By: