ASSIGNMENT AND AMENDMENT OF CLEARWATER BEACH MARINA BUILDING LEASE AGREEMENTASSIGNMENT AND AMENDMENT OF CLEARWATER BEACH MARINA
BUILDING LEASE AGREEMENT
THIS ASSIGNMENT AND AMENDMENT OF CLEARWATER BEACH MARINA
BUILDING LEASE AGREEMENT, (this "Agreement") is made and entered into this ,o1i3
day of At'd 21 ("Effective Date") by and between the CITY OF CLEARWATER, a
municipal corporation of the State of Florida ("Lessor"), THOMAS C. WOLKOWSKY,
PATRICIA A. WOLKOWSKY, and OLIVIA O. WOLKOWSKY, d/b/a Pirate's Pantry
("Lessee" and "Assignor"), in favor of PIRARTE'S PANTRY CLEARWATER INC., a
Florida corporation ("Assignee") (each individually referred to herein as "Party" or
collectively as the "Parties").
WITNESSETH:
WHEREAS, the city manager is authorized to approve and execute on behalf of the City, all
Clearwater Marina Building Leases and Assignments per Clearwater Code of Ordinance Sec. 33.006,
Clearwater Marina Building Leases; and
WHEREAS, simultaneously herewith, Assignee has purchased from Assignor a certain
business which is located at 25 Causeway Blvd., Suite 4, Clearwater, Florida 33767, (the
"Property"), said Property being subject to that certain Lease Agreement dated September 24,
2019, by and between the City of Clearwater and Thomas C. Wolkowsky, Patricia A.
Wolkowsky, and Olivia O. Wolkowsky, d/b/a Pirate's Pantry (the "Lease"), set forth in full in
Exhibit "A" (attached hereto and made a part hereof); and
WHEREAS, Assignor has agreed to assign to Assignee the Lease for the Property on the
same terms and conditions as reflected therein excepting only those terms and conditions
amended in this Agreement; and
WHEREAS, Lessor has agreed to make certain amendments to the Lease so that Assignee
may sell tickets for marine recreational activities from the Property's associated storefront; and
NOW, THEREFORE, in consideration of the Property and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor,
Lessee/Assignor, and Assignee hereby agree as follows:
1. The recitations set forth above in the WHEREAS clauses are true and correct and are
incorporated herein by this reference.
2. Assignor hereby grants, bargains, sells, transfers, and assigns to Assignee all of
Assignor's right, title and interest in and to the Lease to the fullest extent assignable,
effective as of the date and time of execution of this Agreement by all Parties. By
acceptance hereof, Assignee assumes all obligations of Assignor under the Lease and the
Lessor shall cause Assignor to be released from all obligations under the Lease in
accordance with the provisions of this Agreement, excepting those obligations accrued
and outstanding as of the Agreement's effective date.
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3. The Parties agree to amend Paragraph 3 of the Lease to read as follows: "The described
premises shall only be used for the purpose of conducting therein the business of a
convenience store and the direct or indirect sale or reservation of Assignee's marine
recreational activities."
4. In the event of any conflict or ambiguity between the terms and provisions of this Agreement
and the original Lease, the terms and provisions of this Amendment shall control to the extent
of any such conflict or ambiguity.
5. This Assignment shall be binding upon, and shall inure to the benefit of, Lessor, Assignor
and Assignee and their respective heirs, administrators, legal representatives, successors,
and permitted assigns.
6. All other terms and conditions of the Lease shall remain in full force and effect unless
expressly amended herein.
IN WITNESS WHEREOF, the Parties have executed this Agreement under seal as of the
day and year above written.
J ►�0�.�.t ,“ C. We
Name: Thomas C. Wolkowsky
(Lessee and Assignor)
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Name: Patricia A. Wolkowsk
(Less; and Assignor)
ame: Olivia o . Wolkowsky
(Lessee and Assignor)
Ed Chesney
Marine & Aviation Director
Approved as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney
Pirate's Pantry Clearwater Inc.,
a Florida Corporation - (Ass' nee)
By:
Name: a,rrel LoftA4bat,rdl.i
Title: P re s
�J W. am B. Home, II
ity Manager
0e/ Mk co Ma" -vim-\\ , \
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Rosemarie Call
City Clerk