THIRD AMENDMENT TO LEASE AGREEMENTTHIRD AMENDMENT TO LEASE DATED SEPTEMBER 17, 2012
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
MARINA CANTINA, LLC
[GM 12 -1371- 014/176706/1]
THIS THIRD AMENDMENT TO THE LEASE AGREEMENT DATED September 17,
2012 (the "Amendment ") is made as of this,}? (tday o i hey , 2015 (the "Effective Date "),
by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation
(the "Lessor ") and MARINA CANTINA, LLC, a Florida limited liability company (the
"Lessee ").
WHEREAS, the Lessor and Lessee agree to this Third Amendment to Lease Agreement
modifying the terms of the Lease dated September 17, 2012 to facilitate the payment for
numerous, unanticipated emergency repairs and upgrades to the Marina Building that were not
initially contemplated in such Lease; and
WHEREAS, the emergency repairs involved fixing the Marina Building's dilapidated
utility infrastructure, which was only revealed after the start of construction, and upgrades were
made to all windows, doors, fire alarm/prevention and ceiling systems throughout the Marina
Building to comply with current codes, all emergency repairs and upgrades are detailed in
Exhibit 1A; and
WHEREAS, Lessee represents that all contractors, subcontractors, suppliers,
materialmen, etc., associated with the aforementioned emergency repairs and upgrades at the
Marina Building have been paid; and
WHEREAS, Lessee is requesting reimbursement from Lessor for the emergency repairs
and upgrades; and
WHEREAS, Marine and Aviation Director, William D. Morris, finds that the Lessee's
cost reimbursement request, less cost to move the Marine and Aviation Office, as agreed to in the
Lease, is reasonable;
NOW, THEREFORE it is mutually agreed as follows:
1. Paragraph 26 is added to the Lease and will read as follows:
Notwithstanding sections 1 and 16 of the Lease, the Lessor agrees to reimburse
the Lessee Four Hundred Nine Thousand Six Hundred Six Dollars and Forty-Nine
Cents ($409,606.49) for emergency repairs and improvements done to the Marina
Building, as detailed by Exhibit 1A.
2. All of the terms and conditions of the Lease Agreement are incorporated herein
by reference and shall continue in full force and effect throughout the remaining
term of this Lease Agreement.
[Signature block is on the following page]
[G M12-1371-014/176706/1]
IN WITNESS WHEREOF, this agreement is executed as of the date first above written.
Countersigned:
C(tt)rt(tk (rt l^�f
George N. Cretekos, Mayor
Approv as o form:
Camilo Soto, Assistant City Attorney
Marina C tina, LLC
By: �7714 Y` r
Frank Chivas, President
[G M 12- 1371 - 014/176706/1]
CITY OF CLEARWATER, FLORIDA
William Horne, City Manager
Attest:
Rosemarie Call, City Clerk
Exhibit lA
Vendor
Clearwater Beach Marina Totals
Advance Gas Workers
Air 15
$41,751.00
Allied Interior Products
Banner Suppply
Bay to Bay Drywall
Can Enterprises
Cemex
City of Clearwater- Rent
City of Clearwater- Taxes
Construction Equipment Inc
Dart Electronics
$7,125.00
Duke Engery
$4,972.49
Electric Current
$51,000.00
Frank Reimbursement
Gator Gypsum
Grease Trap
Gulf Tile
HCS Plumbing
$29,683.00
Hydrologic
Island Way Grill Reimbursements
Labor Ready
Metal Craft Inc
Misc
Mullins Concrete
Nana Wall
Nuce Ceiling
$6,620.00
Otis Elevator
Pavers & Tile
Primary Structures
$98,886.00
Restaurant Equipment
Roll A Guard
Salt Rock Grill Reimbursements
Seco South
Sherwin Williams
Taylor Fire Protection
$27,200.00
Tom Barrow Co
TWB Services
West Coast Glass
$142,369.00
Total
$409,606.49