FIRST AMENDMENT TO LEASE AGREEMENTFIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("First Amendment") is
made and entered into on this , UT1' day of January, 2022, by and between the City of
Clearwater, Florida ("Lessor" or "City"), a municipal corporation of the State of Florida,
whose address is Attn: Parks & Recreation Director, Post Office Box 4748, Clearwater,
Florida 33758-4748, and the Clearwater For Youth, Inc. ("Lessee" or "CFY"), a Florida
not-for-profit corporation, whose address is 1501 North Belcher Road, Suite 236,
Clearwater, FL 33765, (each individually referred to herein as "Party" or collectively as
the "Parties").
WHEREAS, it has been determined to be highly desirable to provide financial
support to various City co-sponsored youth athletic programs and organizations, and to
that end, the City continues to partner and enter into agreements with various
organizations to help youth, adults, and families.
WHEREAS, CFY has a long-standing history of providing youth sport
programming operations and financial assistance within the City of Clearwater.
WHEREAS, on October 1, 2003, the ownership of the Long Center facility was
transferred to the City through a Transfer Agreement.
WHEREAS, in addition to transferring ownership of the Long Center facility, the
Transfer Agreement required that the City enter into an agreement with CFY to provide
office space and use of the Long Center facility.
WHEREAS, the City and CFY entered into that certain Lease Agreement on April
25, 2005.
WHEREAS, CFY desires additional office space for its operations, and in
exchange for that additional office space, CFY shall contribute an additional One Hundred
Thousand Dollars per year for the remainder of this Lease Agreement, to support Co -
Sponsorship Contributions.
WHEREAS, the City and CFY desire to amend this Lease Agreement in order to
better serve the young adults and families of Clearwater.
NOW THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration, the Parties agree that the above terms, recitals,
and representations are true and accurate and are incorporated herein by reference, and
the Parties agree as follows:
1. Section 2. LEASE PROPERTY. is hereby amended as follows:
2. LEASE PROPERTY.
That the Lessor does lease to the Lessee the following premises: office
space consisting of approximatcly 237 squarc foot suites #703, #704, #705, #706,
#711, and common space of approximately 193 square feet adjacent to suite #711,
within the Long Center facility. Lessee shall have exclusive use of the office space.
In addition, Lessee shall be permitted use of the Long Center common facilities
and services, as further described herein, for purposes defined herein. The Lessee
hereby agrees that such use of common facilities and services is subject to use
preference as determined by the Lessor in its sole discretion or as otherwise
defined hereunder.
Such property shall hereinafter be referred to as the "leased premises",
"demised premises" or the "leased property."
2. Section 4. RENT. is hereby amended as follows:
4. RENT.
The Lessee agrees to pay and the Lessor agrees to accept the total sum of
One Dollar ($1.00) as rent during the initial term of this lease, and for each renewal
period, the receipt of which is hereby acknowledged. In further consideration for
Lessor entering into this lease with Lessee, Lessee covenants with Lessor that
Lessee shall contribute an additional One Hundred Thousand Dollars during the
Initial term and One Hundred Thousand Dollars ($100,000) for each five-year
extension thereof, to support various City Co -Sponsored Organizations ("Co -
Sponsorship Contributions"). In addition, beginning on February 1, 2022, and each
February 1 thereafter, Lessee shall contribute an additional One Hundred
Thousand Dollars ($100,000.00) per year for the remainder of this Lease
Agreement, to support Co -Sponsorship Contributions. For purposes of this lease,
a Lessor Co -Sponsored Organization is defined as an organization that has
current, effective Co -Sponsorship Agreement with the Lessor or in the future meets
Lessor requirements to become a new Co -Sponsored Organization. Lessee's
failure to timely contribute the Co -Sponsorship Contributions during the Lease
Term shall be deemed a material default, subject to provision of Paragraph 20,
DEFAULT; REMEDIES; TERMINATION BY LESSOR.
3. Section 6. LESSOR IN KIND SERVICES. is hereby amended as follows:
6. LESSOR IN KIND SERVICES.
The Lessor agrees to provide maintenance of all major capital components
of the leased premises including air conditioners, roof, painting, plumbing, and
electrical, as well as custodial maintenance for the portion of the Center to be used
by the Lessee. In addition, Lessor will provide all utilities water, sewer, electric,
and telephone services necessary for the operation of the Lessee's office, as well
ert and use of support equipment (e.g., copy and fax machine) in
the operation of official Clearwater For Youth business. Said clerical and
equipment support shall be provided only for services benefiting City Co -
Sponsored Programs and shall be subject to City's discretion.
The Lessor shall not make any monetary contributions as a part of this
agreement, however, in addition to the use of the Center by the Lessee, the Lessor
agrees to help direct potential contributions of third parties and sponsorship
solicitations to the Lessee, to help fund City Co -Sponsored Organizations as
contemplated hereunder. The Lessor also agrees to provide assistance, subject to
applicable law and policies of the Lessor, in developing a capital campaign
program, similar to a "Pennies for Parks" program (as operated by Pinellas
County), whereby financial resources are contributed to athletic sponsorships and
programs via various sources such as through public contributions on utility bills.
4. All other terms and conditions of this Lease Agreement 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.
CLEARWAER FOR YOUTH, INC.
Kevin Dunbar, Executive Director
CITY OF CLEARWATER
Frank V. Hibbard
Mayor
Appr
•
4—wen Kohler
ed as to form:
Assistant City Attorney
A
tu+c /\cam.\ Z- -2\\<, cr\ _.VAc4,4 c, -,C
Attest:
Jon ° .e
City Manager
lu
Rosemarie Call
City Clerk