FIRST AMENDMENT TO ACCESS AND INGRESS/EGRESS PARKING LICENSE AGREEMENTFIRST AMENDMENT TO ACCESS AND INGRESS/EGRESS PARKING LICENSE
AGREEMENT
This FIRST AMENDMENT TO ACCESS AND INGRESS/EGRESS PARKING
„LICENSE AGREEMENT (this "Amendment"), being signed this nti r`' day of
6-0Y , 2025 (the "Effective Date"), is entered into by and between THE CITY OF
CLEARWATER, FLORIDA ("Licensor"), a Florida municipal corporation, whose mailing
address is P.O. Box 4748, City of Clearwater, FL 33758, and PLLD HARBORVIEW, LLC
("Licensee"), a Florida limited liability company, whose mailing address is 3060 Alternate 19
North, Palm Harbor, FL 34683 (collectively, Licensor and Licensee are the "Parties").
RECITALS
A. Licensor is the fee simple owner of that certain real property located in Clearwater, Pinellas
County, Florida, bearing parcel identification number 16-29-15-43956-000-0010 adjacent
to the Clearwater Main Library (the "Main Library Lot").
B. The Parties entered into that certain Development Agreement dated August 4, 2022 as
amended by that certain First Amendment to Development Agreement dated June 16, 2024
(the "Development Agreement"), whereby Licensor, inter alia, authorized Licensee to
develop property located at 50 N. Osceola Avenue, Clearwater, Florida (the "Harborview
Site"), as more particularly described on Exhibit B to the License Agreement (referenced
in Recital C. below), which is adjacent to the Main Library Lot.
C. The Parties entered into that certain Access and Ingress/Egress Parking License Agreement
dated November 5, 2024 (the "License Agreement") in connection with the Development
Agreement.
D. Consistent with its obligations set out in the Development Agreement to provide public
safety, public improvements, and utility connections as set out in Article V of the
Development Agreement, Licensor has agreed to install backflow prevention assemblies,
meters, and ancillary equipment upon the Main Library Lot (the "Backflow Prevention
Assemblies"), and to allow the use and connection by Licensee of two (2) underground
water lines consisting of one (1) fire line and one (1) domestic water line of appropriate
size as determined by Licensor (collectively, the "Water Services").
E. The Water Services are required for the development of the Harborview Site in accordance
with the Development Agreement and in compliance with applicable City of Clearwater
fire prevention, life safety codes, and building codes.
F. Licensor and Licensee wish to amend the License Agreement to provide terms and
conditions for such use and connection by Licensee of the Water Services to the Backflow
Prevention Assemblies.
NOW, THEREFORE, in of the mutual promises set forth herein, and for other good and
valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as
follows:
1. Recitals. The above recitals are true and correct and are a part of this Amendment.
2. Definitions. For the purposes of this Amendment, all capitalized terms not defined
herein shall have the same meanings used in the License Agreement.
3. Modification of Title of Agreement. The title of the License Agreement is changed
to "MAIN LIBRARY LOT LICENSE AGREEMENT".
4. Connection to Backflow Prevention Assemblies. Section 2 "Grant of License" shall
be amended to add a new subsection (c) as follows:
"(c) Backflow Prevention Assemblies and Water Services.
(i)
Licensor hereby grants to Licensee the right to use and connect the Water
Services to the Backflow Prevention Assemblies, as shall be depicted on
Licensee's civil engineering plans to be approved by Licensor.
(ii) Licensor has agreed to install the Backflow Prevention Assemblies on the
Main Library Lot, to prevent backflow into connected fire and domestic
water services. Licensee shall be responsible for the cost of the equipment
that comprises the Backflow Prevention Assemblies as well as all applicable
connection fees. Licensor shall be responsible for the installation costs,
ownership, supply, maintenance, repair, and replacement of the Backflow
Prevention Assemblies.
(iii) Licensee shall be responsible for the installation of Water Services from the
point of connection to the municipal water supply to the Backflow
Prevention Assemblies, and shall further be responsible for the installation,
ownership, operation, maintenance, repair, and replacement of the Water
Services from the point of connection to the Backflow Prevention
Assemblies running to the Harborview Site. This Agreement is in part for
the purposes of installing, using, operating, maintaining, repairing,
replacing, and accessing the Water Services as necessary for the
development of the Harborview Site in accordance with the Development
Agreement in compliance with applicable City of Clearwater fire
prevention, life safety, and building codes. The points of responsibility
shall be further detailed in Licensee's civil engineering plans to be approved
by Licensor. Licensee shall not modify the Water Services in any manner
that would conflict this Agreement without mutual agreement with the City
to amend this Agreement.
(iv) Licensee shall install and provide Landscape screening of the Backflow
Prevention Assemblies and the Water Services to the satisfaction of the
Community Development Coordinator. Licensee shall be responsible for
2
the cost of purchasing the initial planting material to create the landscape
screening. Licensor shall be responsible for the cost of the maintenance,
repair, and replacement of the landscape screening.
5. No Further Amendment. The Parties agree that except as otherwise specifically
modified in this Amendment, the License Agreement has not been modified, supplemented,
amended, or otherwise changed in any way and the License Agreement remains in full force and
effect between the Parties as modified by this Amendment.
6. In the event of conflict or ambiguity between the terms and provisions of this
Amendment and the License Agreement, the term and provisions of this Amendment shall control
to the extent of any such conflict or ambiguity.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the
date set forth above.
(LICENSOR SIGNATURE PAGE)
Countersigned: CITY OF CLEARWATER, FLORIDA,
A Florida municipal corporation.
By:
Jennifer Poi
Date: 1 O,
er, City Manager
2,.s
Approved as to form: Attest:
David Margolis
City Attorney
Date: /0d-25
)L,4,f,„,), 04,k_
Rosemarie Call
City Cler15-1
Dater
3
(LICENSEE SIGNATURE PAGE)
PLLD HARBORVIEW, LLC,
a Florida limited liability company
By: TDG Manager, LC, a Florida limited liability
C'• pany= `, ager
G ustin J. p, ` zio, r anager of TDG Manager, LLC
Date: Ocuotp ( K Zoe-5—
STATE OF DY54 )
COUNTY OF 19614 b OS )
The foregoing instrument was acknowled t - d before me by means of JVphysical presence
or 0 online notarization, this E5 day of (hot /6ser , 2025 by Dustin J. DeNunzio as
Manager of TDG Manager, LLC, a Florida limited liability company, on behalf of said company,
who is 0 personally known to me or g has produced a valid driver's license as identification.
[Notary Seal]
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MY COMMISSION
EXPIRES 5.6.2027
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Wpi R. Lew/
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My Commission Expires: 5 141909-1