THIRD AMENDMENT TO LEASE AGREEMENT THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT (`Third Amendment") is
made and entered into on this ✓� day of auyik , 2021, ("Effective Date")by and
between the City of Clearwater, Florida, a municipal corporation of the state of Florida,
("City") and the Clearwater Golf Associates, Inc., whose address is 1875 Airport Drive,
Clearwater, Florida 33765, ("Club") amending that certain Lease Agreement ("Lease")
between the parties dated December 19, 2001, recorded on January 17, 2002 in O.R.
Book 11793, page 759 Public Records of Pinellas County, Florida, and amended by First
Amendment to Lease dated February 11, 2010, and Second Amendment to Lease dated
July 27, 2017
WHEREAS, pursuant to the original Lease, the City leased certain city-owned
property ("Golf Course")to the Club; and
WHEREAS,over the past twenty(20)years the Club has invested over one million
dollars in upgrades and improvements to the Golf Course property and buildings in
accordance with the Lease and First and Second Amendments, and
WHEREAS,the Club has created a much-improved asset for the City and provided
excellent golfing and recreational opportunities and programs for residents and visitors to
Clearwater,and
WHEREAS, there appears to be voter support to keep this greenspace as was
evidenced in the referendum of July 16, 2020; and
WHEREAS,the Club needs additional relief from its obligations under the current
Lease in order to convert from well water to reclaimed water, in the amount of$58,100,00,;
and
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WHEREAS, the City and Southwest Florida Water Management District agrees
that the conversion from well water to reclaimed water is in the public interest, necessary
to maintain the City's property asset, and continue providing the recreational services
provided by the Club.
NOW THEREFORE, in consideration of the mutual covenants set forth herein,and
other good and valuable consideration the receipt of which are hereby acknowledged,the
parties agree as follows:
1; Recitals: The foregoing recitals are true and correct and are incorporated in and
form a part of the agreement.
2. Section 5(e) is amended and shall read as follows:
(e) During the seventh to fourteenth years of the Agreement,the Club shall rebuild
the greens, sand traps, tee boxes and construct the necessary hookup to begin
using reclaimed water as soon as available to the Golf Course. Notwithstanding
any other covenants and conditions in the Lease to the contrary,the Club shall not
be entitled to any reimbursement for the improvements provided for in the
Amendment with the exception of$58,100.00 which will be used to offset the cost
of the reclaimed water hookup, and the Club acknowledges that the timeframe for
any reimbursement to which it may have been entitled under the original terms of
the Lease (specifically Section 21), have expired. No reimbursement whatsoever
is due from the City to the Club for improvements made to the Golf Course.
3., All other terms and conditions of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have executed and delivered this
Amendment the day and year first above written.
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CLEARWATER GOLF ASS•CIATES, INC.
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By`►! `ea ,
Huston, Presid -n'
Countersigned: CITY OF CLEARWATER, FLORIDA
-et
k V. Hibbard Mi axwell
Mayor I -rim City Manager
Approved as to form: Attest:
ØATE,p
G .e,
/1-Let G 4—ek-
Owen Kohler Rosemarie Callr�;•,t', 1 =o
Assistant City Attorney City Clerk — � ;a
NIBIISHOl t
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