FIFTH AMENDMENT TO LEASE AGREEMENTFIFTH AMENDMENT TO LEASE DATED SEPTEMBER 17, 2012
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
MARINA CANTINA, LLC
THIS FIFTH AMENDMENT TO THE LEASE AGREEMENT DATED September 17,
2012 (the "Amendment") is made as of this IS day of Oc4oixr , 2017 (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 Fifth Amendment to Lease Agreement
amending the terms of the Lease dated September 17, 2012 to clarify the terms and conditions in
various sections of such agreement.
NOW, THEREFORE it is mutually agreed as follows:
1. Paragraph 8 is hereby replaced in its entirety as follows:
Lessee covenants and agrees to contract in its own name, and pay directly to the
applicable utility, for all water, sewer, electricity, gas, telephone, communication,
stormwater, reclaimed water, and other utility charges and fees related to the
Premises. As it relates to solid waste service only, the Lessee covenants to pay
one third (1/3) the cost of said service for the entire beach marina complex within
five calendar (5) days of being provided a copy of the solid waste service invoice
by Lessor.
2. Paragraph 16 is hereby amended as follows:
Lessee covenants to complete all contemplated capital improvements, as detailed
in Exhibit E, as expeditiously as possible and have Marina Cantina and Salt
Cracker open by April 1, 2016. Lessee covenants to have Roundabout Pizza open
by Labor Day 20168. Otherwise, this shall constitute an Event of Default.
3. 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 page follows]
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IN WITNESS WHEREOF, this agreement is executed as of the date first above written.
Countersigned:
—AIWA {Mr (At.dos
George N. Cretekos, Mayor
Camilo Soto, Assistant City Attorney
Marina Captiva, LLC
By:
CfhoS
Frank Chivas, President
CITY OF CLEARWATER, FLORIDA
By ..tlg-i.vw /
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William Horne, City Manager
Rosemarie Call, City Clerk