FOURTH AMENDMENT TO BUSINESS LEASE CONTRACTFOURTH AMENDMENT TO BUSINESS LEASE CONTRACT
THIS FOURTH AMENDMENT TO BUSINESS LEASE CONTRACT made and entered
into this / VI' day of Scp i -r3r sz- , 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 "Harborview Lease"; and
WHEREAS, the Harborview Lease was amended by the First Amendment to Business
Lease Contract, the Second Amendment to Business Lease Contract and the Third Amendment
to Business Lease Contract on July 3, 2012, January 24, 2014, and June 23, 2015 respectively;
and
WHEREAS, the Harborview Lease provides for Lessee's non - exclusive use of the
parking lot identified therein (herein, "Harborview Parking Lot ") which, prior to the Harborview
Lease, was nonexclusively used by Lessor for parking by City of Clearwater Library staff; and
WHEREAS, the Parties agreed that Lessor would enter into that certain Lease
Agreement dated October 31, 2011 (herein, "Parking Lease ") with a third party providing for
alternative parking for Library staff, thereby benefiting Lessee by reducing demand for the
Harborview Parking Lot; and
WHEREAS, the Harborview Lease requires Lessee to pay to the Lessor $1 ,500/month
for Lessor's expenses associated with obtaining alternative parking; and
WHEREAS, the Parking Lease terminates on September 1, 2015 and Lessor desires to
use a portion of the Harborview Parking Lot exclusively for Library staff parking.
NOW, THEREFORE, the Parties in consideration of the undertakings, promises and
agreements herein contained, agree and covenant with each other as follows:
Paragraph 3 of the Harborview Lease as amended is hereby revised to add the following on to
the end of the paragraph:
3. MAINTENANCE AND PARKING EXPENSES.
The Parking Lease is terminated effective on September 1, 2015; following which, Lessor no
longer incurs expenses for alternative parking. Therefore, Lessee shall no longer be responsible
to pay to the Lessor for such expenses. If the Parties agree that Lessor shall obtain alternative
parking after September 1, 2015, then Lessee shall pay such expenses.
Paragraph 17 of the Harborview Lease as amended is hereby revised to add the following on to
the end of the paragraph:
17. RESERVATION BY LESSOR.
Following September 1, 2015, Lessor shall have the exclusive right for City of Clearwater
Library staff to park in the parking spaces depicted in Exhibit "D" attached hereto and by this
reference, incorporated herein (herein, "City Exclusive Parking Area "). Lessor may, at its sole
discretion, allow Lessee to park in the City Exclusive Parking Area by providing written notice to
Lessee.
All terms and conditions of the Harborview Lease not expressly amended herein 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
.TbOttQrtcrit\ec•Os
George N. Cretekos, Mayor
THE CITY OF CLEARWATER, FLORIDA
By &IrJ144144^ •
William B. Home, II, City Manager
Approved as to form: Attest:
„+
Laura Lipowski Mahony
Assistant City Attorney
AS TO "LESSEE"
Rosemarie CaII
City Clerk
CLEARWATER MA: . _ • UARIUM, INC.
By:
Frank L. Dame, COO
Exhibit D
Exclusive Parking
for City Library Staff
Inn
°i
0 50 100
Feet
1 inch = 100 Feet
Clearwater
Prepared hy:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562.4750, Fax: (727)526 .4765
www,MyClearwater.com
Map Gen By: CRM Reviewed By: CHL Date: 08/26/2015
Grid #: 286B S -T -R: 16 -29 -15
Document Path: V: \GIS \_Staff\Chris \Projects \City \Chuck Lane custom maps \ExhibitD_Parking.mxd