THIRD AMENDMENT TO BUSINESS LEASE CONTRACTTHIRD AMENDMENT TO BUSINESS LEASE CONTRACT
TITS THIRD AMENDMENT TO BUSINESS LEASE CONTRACT made and entered into
this air day of June, 2015, by and between CITY OF CLEARWATER, FLORIDA, a Florida
municipal 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 referred to as the "Exhibit Lease ", which was amended by that First
Amendment to Business Lease Contract dated July 3, 2012 ; and
WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated
July 3, 2012, herein referred to as the "Storage Lease "; and
WHEREAS, Lessor and Lessee amended the Exhibit Lease, and the Storage Lease
collectively in that certain Second Amendment to Business Lease Contract dated January 24,
2014; and
WHEREAS, Lessee now occupies space in the Harborview Center under the terms and
conditions set forth in the aforementioned leases, as amended, which are collectively referred to
herein as the "Harborview Lease "; and
WHEREAS, Lessor and Lessee entered into that certain Memorandum of Understanding
dated August 12, 2013, herein referred to as the "MOU ", memorializing the terms under which
the Lessee would construct an aquarium, subject to certain milestones being met, including
Lessee would enter into a lease for the City Hall property located at 112 South Osceola Avenue,
Clearwater, Florida 33756; and
WHEREAS, the continuation and duration of the Harborview Lease was contingent upon
the milestones in the MOU having been met; and
WHEREAS, the Lessor and Lessee now agree that the milestone to enter into a lease
for the City Hall property will not be met, and therefore, the Harborview Lease is set to expire on
November 30, 2015; and
WHEREAS, the Parties now agree to amend the Lease to extend the Term beyond
November 30, 2015 on a month to month basis, 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 1 of the Exhibit Lease as amended and Paragraph 2 of the Storage Lease as
amended are hereby revised to add the following on to the end of each paragraph:
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LEASE TERM.
The Term of the Harborview Lease shall extend beyond November 30, 2015 on a month-to-
month basis until terminated by either party in writing. Either Party hereto, at the respective
Party's sole discretion, may terminate this lease with six (6) months notice ( "Notice Period ") to
the other party. The Parties may agree to a shorter Notice Period upon mutual consent,
provided that the Notice Period may -not be Tess than thirty (30) days.
IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
AS TO "LESSOR"
Countersigned
Opry \rrt\00)
George N. Cretekos, Mayor
THE CITY OF CLEARWATER, FLORIDA
By: W 11.04444 . , 1,444(cb—il'
William B. Horne, II, City Manager
Approved as to form: Attest:
Laura Lipowski Mahony
TOY Ro e arie Call
Assistant City Attorney City Clerk
AS TO "LESSEE"
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CLEARWATER MARINE AQUARIUM, INC.
By.
F ank L. D -me, COO