SECOND AMENDMENT TO LEASE AGREEMENT (2)SECOND AMENDMENT TO LEASE AGREEMENT
THIS SEC ND AMENDMENT TO LEASE AGREEMENT made and entered into this
9 day of i-emn her , 2015, by and between CITY OF CLEARWATER,
FLORIDA, a Florid municipal corporation, having its principal place of business at 112 South
Osceola Avenue, Clearwater, FL, 33756, as Lessor, and CLEARWATER BEACH SEAFOOD,
INC., d /b /a Crabby Bill's Clearwater Beach Restaurant, a Florida corporation, having its principal
place of business at 37 Causeway Boulevard, Clearwater, FL 33767, as Lessee, (each
individually referred to herein as "Party" or collectively as the "Parties ").
WITNESSETH:
WHEREAS, Lessor leases the Leased Property for use as a full service restaurant with
full liquor bar and liquor service to Lessee pursuant to that certain Lease Agreement executed
by the Parties on March 18, 2009 ( "Lease Agreement "): and
WHEREAS, the Lease Agreement was amended by that certain Amendment to Lease
Agreement dated January 19, 2011 to extend the lease term; and
WHEREAS, the Lease Agreement, as amended, is scheduled to expire on September
30, 2015; and
WHEREAS, Lessor released Request for Proposal #20 -15 (RFP) to procure a qualified
firm to demolish the existing structure and construct and operate a new restaurant under a new
lease agreement with the City following the expiration of the Lease Agreement; and
WHEREAS, Lessee submitted a proposal and the RFP review committee, comprised of
City staff, ranked Lessee's proposal as the highest scoring proposal; and
WHEREAS, the City Council of the City of Clearwater, Florida authorized City staff to
negotiate terms of a new lease with Lessee in accordance with the RFP; and
WHEREAS, the Parties agree to extend the current lease term beyond September 30,
2015 on a month -to -month basis to allow time for the Parties to enter into a new lease
agreement.
NOW, THEREFORE, the Parties in consideration of the undertakings, promises and
agreements herein contained, agree and covenant with each other as follows:
1. Paragraph 1 of the Lease Agreement, as amended, is hereby revised to add the
following on to the end of the paragraph:
The Term of the Lease Agreement shall extend beyond September 30, 2015 on a month -to-
month basis until a new lease agreement is in place or until terminated by either party in writing.
If the Parties enter into a new lease agreement, then this Lease Agreement shall automatically
terminate upon the effective date of the new lease agreement. If the Parties fail to enter into a
new lease agreement, then either Party hereto, at the respective Party's sole discretion, may
terminate this lease with thirty (30) days notice to the other Party.
2. All other terms and conditions of the Lease Agreement not amended hereby shall remain
in full force and effect.
IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
AS TO "LESSOR"
Countersigned
-6(eortmert\ttco)
George ► Cretekos, Mayor
App over as t
Camilo Soto
Assistant City Attorney
AS TO "LESSEE"
Wit ss
31:NAG...) Ze-UP J 4.1‹
Print Witness Name
jJ •.r 47( cJ r, all 1—
Print Witness Name
THE CITY OF CLEARWATER, FLORIDA
By: 14,41-/A4 - -Gd�
William B. Horne, II, City Manager
Attest:
Rosemarie Call
City Clerk
CLEARWATER B ACH SEAFOOD, INC.
Bv:
ET&
Print Nam el Title
0)1(4 26?