AMENDMENT AND RENEWAL OF LEASE AND OPERATING AGREEMENTAMENDMENT AND RENEWAL OF LEASE AND OPERATING AGREEMENT
This Amendment and Renewal of Lease and Opera g Agreement (this "Amendment"), is made
and entered into on this(q day of ( , 2022 ("Effective Date") by and
between the CITY OF CLEARWATER, a municipal corporation of the State of Florida
("Lessor") and CLEARWATER AIRPARK, INC., a Florida corporation ("Lessee") (Lessor
and Lessee collectively herein referred to as the "Parties").
WITNESSETH:
WHEREAS, the Parties hereto entered into that certain Lease and Operating Agreement dated
April 26, 2012 (the "Agreement") where Lessee agreed to provide onsite professional aeronautical
services to the Clearwater Airpark (the "Airpark") for Lessor in exchange for operational authority
over the Airpark and certain rental payments to Lessor as stated in the Agreement; and
WHEREAS, the Agreement provided for an initial five (5) year term with an additional five
(5) year renewal term; and
WHEREAS, the Agreement was renewed at the end of the initial term and the renewal term
is now set to expire on November 30, 2022; and
WHEREAS, the Parties now wish to extend the Agreement for one additional two (2)
month term with the option to renew for two (2) subsequent one (1) month terms; and
NOW, THEREFORE, in consideration of the operation of the Airpark 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 Article I of the Agreement to read as follows:
"The initial term of this Agreement shall be for a period of 60 months, commencing
on the first day of December 2012 and continuing through the 30th day of November
2017 (the "Termination Date"), unless earlier terminated under the provisions of this
Agreement. This is the first five (5) year lease period.
Lessee with Lessor's consent may renew this Lease Agreement for one (1) additional
consecutive five (5) year lease period if agreeable to both parties, upon the same terms
and conditions, subject to Lessor and Lessee negotiating in good faith a new rental
rate schedule within the last 60 days of said lease term or any extension thereof, and
subject to Lessee having not been in material default under the terms and provisions
of this said lease.
Additionally, Lessee with Lessor's consent may renew this Lease Agreement for one
(1) additional two (2) month lease period and two (2) additional one (1) month lease
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periods following the five (5) year renewal lease period if such renewals are agreeable
to both parties, with the specific conditions that Lessee may not, without prior written
approval of Lessor, enter into any new lease or sublease agreements with potential
new Airpark Tenants or evict any existing Airpark Tenants. Such extensions are
otherwise subject to the same terms and conditions of the Lease Agreement, and
subject to Lessee having not been in material default under the terms and provisions
of this said lease. In the event that any Jet -A or 100LL fuel remains in the Airpark's
fuel storage tanks at the time of expiration of this Agreement subsequent to the Parties
electing to exercise one or more of the renewal options provided in this paragraph,
Lessor shall compensate Lessee for the remaining Jet -A or 100LL fuel at the price
Lessee paid for the fuel adjusted to be proportionate to the amount of fuel remaining."
3. The Parties hereby agree to exercise the two (2) month renewal option as provided in
Paragraph 2 above.
4. In the event of any conflict or ambiguity between the terms and provisions of this Amendment
and the Agreement, the terms and provisions of this Amendment shall control to the extent
of any such conflict or ambiguity.
5. 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.
Approved as to Form:
Matthew J. Mytych, Esq.
Assistant City Attorney
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City of Clearwater, Florida,
a Florida municipal corporation
(Lessor)
Jon P. Jennings
City Manager
Attest:
b4-0-1/Lla- l t 0
Rosemarie Call
City Clerk
Clearw
a Flo
(Le
B
Name: David W. King
Title: President
da Corpo
ee)
ark, Inc.,
tion