AMENDEMENT OF COMMERICAL SLIP LICENSE AGREEMENTAMENDMENT OF COMMERCIAL SLIP LICENSE AGREEMENT
THIS AMENDMENT OF COMMERCIAL SLIP LICENSE AGREEMENT, (this
"Amendment") is made and entered into this 1 1 ' day of, y/(Q jj- , 2022 ("Effective
Date") by and between the CITY OF CLEARWATER, a municip 1 corporation of the State of
Florida (the "City") and CLEARWATER MARINE AQUARIUM, INC., a Florida Not For
Profit Corporation ("Licensee" or "CMA") (collectively the "Parties").
WITNESSETH:
WHEREAS, the City and Licensee entered into a certain commercial slip license agreement
(the "Agreement") on May 24, 2021 for Licensee's rental of certain Island Estates (IE) dock slips
from the City located contiguous to Licensee's property; and
WHEREAS, in exchange for the rental of said dock slips, Licensee agreed to implement
a series of capital docking facility improvements totaling one hundred and thirty-seven thousand
dollars ($137,000.00) for the first five (5) year term of the Agreement and one hundred and
thirteen thousand dollars ($113,000.00) for the renewal five (5) year term of the Agreement; and
WHEREAS, the Agreement included a schedule under Section 3 that indicated how and
where the capital docking facility improvement funds were to be spent each year over the course
of a ten (10) year period in total; and
WHEREAS, the City and the Licensee wish to amend Section 3 of the Agreement to
provide greater flexibility as to how funds are to be spent by Licensee each year during the initial
and renewal terms of the Agreement, implement expenditure reporting requirements, and
include new termination language for the Agreement; and
NOW, THEREFORE, in consideration of the improvements and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties 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. The Parties agree to amend Section 3 of the Agreement to read as follows:
3. Consideration In Lieu of Rent:
In lieu of monthly rent, the Licensee hereby agrees to the following consideration:
For the initial term of this Agreement, Licensee shall make yearly investments and upgrades
to the IE slips in the total amount of one hundred and thirty-seven thousand dollars
($137,000.00) over the course of five (5) years. Such expenditures shall be dedicated to the
following tasks:
a. The rebuilding and replacing of two (2) finger docks and relocating two (2) boat slips
from IE Slips #30 and #31;
b. The construction of an ADA accessible ramp and one floating dock which shall be
1
used for Licensee's invitees that are embarking or disembarking excursion vessels;
and
c. Such additional repairs and maintenance as determined necessary by both the City
and CMA.
For the renewal term of this Agreement, Licensee shall make yearly investments and upgrades
to the IE slips in the total amount of one hundred and thirteen thousand dollars ($113,000.00)
over the course of five (5) years. Such expenditures shall be dedicated to the following tasks:
a. The constriction of two (2) additional floating docks to allow for two vessels to load
and unload simultaneously; and
b. Such additional repairs and maintenance as determined necessary by both the City
and CMA.
At the end of each calendar year, Licensee shall submit to the City a detailed report indicating
the amount of funds spent towards the investments and upgrades specified above. Should the
City determine in its sole discretion that insufficient progress is being made towards the
completion any of the specified investments and upgrades, the City may terminate this
Agreement upon thirty (30) days written notice to Licensee.
3. All other terms and conditions of the Agreement shall remain in full force and effect unless
expressly amended herein.
IN WITNESS WHEREOF, the Parties have executed this Amendment under seal as of
the day and year above written.
Signed:
Jon Jennings
City Manager
Ap. 've. :s to Fo
Matthew J. Mytyc sq.
Assistant City Attorney
Countersigned:
2
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation
(the "City")
V /
Frank V. Hibbard
Mayor
Rosemarie Call
City Clerk
Clearwater Marine Aquarium, Inc.,
a Florida Not For Profit Corporation
(Licensee)
By:
Print Name: Lisa a L{ a'
Title: t.t G •-achy e2(-4CL.^