Loading...
FIRST AMENDMENT TO CONTRACT FOR BEACH EROSION CONTROL PROJECT -- :O-Oj,o, I I D.R. 5 1 4.1 PAGE 1 626 FIR S T A MEN D MEN T T 0 "CONTRACT FOR BEACH EROSION CONTROL PROJECT" This First Amendment to "Contract For Beach Erosion Con- trol Project", made and entered into on the date hereinafter set forth by, between, and among UNITED STATES STEEL CORPORA- TION, CLEARWATER KEY ASSOCIATION-SOUTH BEACH II, INC., and CLEARWATER KEY ASSOCIATION-SOUTH BEACH, INC., and the CITY OF CLEARWATER, FLORIDA, WIT N E SSE T H: THAT mIEREAS, nearly all of the Contributing Property OWners and Non-Contributing Property OWners have executed the proposed "Contract For Beach Erosion Control Project" between the CITY OF CLEARWATER and the Property OWners listed therein all of whom are riparian upland owners whose properties front on the Gulf-of-Mexico, and WHEREAS, the Property OWners in this First Amendment to said Contract are Contributing Property OWners under said pro- posed Contract, and WHEREAS, prior to execution of said proposed Contract by all of the Property OWners, it has been determined that an error was made as to the number of feet of waterfront owned by the parties to this First Amendment to said Contract which affects the amount of their contributions under the aforesaid proposed Contract, and ;~EREAS, this error affects only the three (3) Property OWners executing this First Amendment and the amounts of their contributions under the proposed Contract and it would require a considerable loss of time and extra expense to amend the afore- said Contract for re-execution by all of the Property OWners when only the three (3) Contributing OWners parties to this First Amend- ment are affected, and WHEREAS, it is the desire of the undersigned three (3) Con- tributing Property OWners to correct the error in computations and calculations so that the aforesaid "Contract For Beach Erosion Con- trol Project" will accurately and properly reflect the amount of -1- '\ ) ()::-n 00 1"\'1 ./ ,--; \ \ . - ( I~' 1-/ '. ,. \ ,.' -' (, "';'....) , . 2 r' ~~- I I o.R.5 1 4 , PAGE 1 627 contributions to be made by each of the following Contributing Property Owners. NOW, THEREFORE, In Consideration of the premises, these agreements, and other good and valuable considerations, It is Herewith and Hereby A G R E E 0 by, between, and among the undersigned UNITED STATES STEEL CORPORATION, CLEARWATER KEY AS- SOCIATION-SOUTHBEACH II, INC., and CLEARWATER KEY ASSOCIATION- SOUTH BEACH, INC., and the CITY OF CLEARWATER, FLORIDA, as follows: 1. The amount of contribution to be made by UNITED STATES STEEL CORPORATION, under paragraph 2 on pages 7 and 8 of the aforesaid Contract For Beach Erosion Control Project, shall be amended and reduced as follows: (a) The amount to be contributed by UNITED STATES STEEL CORPORATION to the Escrow Accow1t, under subparagraph A of paragraph 2 of the aforesaid Contract, shall be amended and reduced from the sum of $86,962.50 -to- the sum of $81,090.00. (b) The amount of additional contribution to be made by UNITED STATES STE~L CORPORATION, under subpara- graph B of paragraph 2 of the aforesaid Contract, shall be amended and reduced from the sum of $135,275.00 -to- the sum of $126,140.00. 2. The amount of contribution to be made by CLEARWATER KEY ASSOCIATION-SOUTH BEACH II, INC., under paragraph 2 on pages 7 and 8 of the aforesaid Contract For Beach Erosion Control Pro- ject, shall be amended and increased as follows: (a) The amount to be contributed by CLEARWATER KEY ASSOCIATION-SOUTH BEACH II, INC. to the Escrow Account, under subparagraph A of paragraph 2 of the aforesaid Con- tract, shall be amended and increased from the sum of $8,370.00 -to- the sum of $11,295.00. (b) The amount of additional contribution to be made by CLEARWATER KEY ASSOCIATION-SOUTH BEACH II, INC., -2- I I o.R.5 1 4 1 PAGE 1 628 under subparagraph B of paragraph 2 of the aforesaid Con- tract, shall be amended and increased from the sum of $13,020.00 -to- the sum of $17,570.00. 3. The amount of contribution to be made by CLEARWATER KEY ASSOCIATION-SOUTH BEACH, INC., under paragraph 2 on pages 7 and 8 of the aforesaid Contract For Beach Erosion Control Pro- ject, shall be amended and increased as follows: (a) The amount to be contributed by CLEARWATER I~Y ASSOCIATION-SOUTH BEACH, INC. to the Escrow Account, under subparagraph A of paragraph 2 of the aforesaid Con- tract, shall be amended and increased from the sum of $8,347.50 -to- the sum of $11,295.00. (b) The amount of additional contribution t:o be made by CLEARWATER KEY ASSOCIATION-SOUTH BEACH, INC., under subparagraph B of paragraph 2 of the aforesaid Con- tract, shall be amended and increased from the sum of $12,985.00 -to- the sum of $17,570.00. 4. The parties hereto agree that in the event of the approval and execution of the aforesaid "Contract For Beach Ero- sion Control projectll and this First Amendment thereto by the CITY OF CLEARWATER, FLORIDA, that prior to execution of the Escrow Agreement attached to said Contract, the Escrow Agreement will be amended and corrected to properly reflect the amended contributions to be made by the undersigned parties in accordance with this First Amendment prior to execution of the Escrow Agree- mente IN WITNESS WHEREOF, the parties hereto have set their hands and seals, this -Z/ day of ~,.) /' A.D., 1980. ~ By: STEEL CORPORATION, po ion Attest: ...:.! '...... " " fS:EAL](. " " ~- ~ -3- , ~ J I D.R. 5 1 4 1 PAGE 1 6 2 9 STATE OF FLORIDA COUNTY OF PINELLAS, SS: appeared 0 i Ii Itf C /). ~ and I , to me w~ known, and known to me to be t ~nd~v~dua1~escr. ~bed in a~ who e?ecuted the fore- going instrument asiP- ~~ and ~l ~ of UNITED STATES STEEL CORPORATION, a elaware corporation, and severally ack- nowledged to and before me that they executed such instrument as such u/"l'.R h.p~ and ~V ~., respectively, of said corpora- tion/ and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and ttlat a;aid instrument is the free act an~ ~eed of said, corporatio1?-'.,' ./:).- '.. . WITNESS my hand and off~c~al seal, th~s ~ day o~ I~~~~~ , 1980. ~ .:.. "=':', ",_:: /7 ': /2. ~~_:_ . ota~~c~.~:-::,~' ',' My Commission Expires: .- ~JS:BAL] r"''''':. . ItLY C "'~_~_~. ___J'-- ~'_ _~ ~'...:. , ,.-~, ~ :__l .i.~ t L~~ge. ,_ :;~:..;'~ II, 1~' ~~~. CLEARWATER KEY ASSOCIATION- SOUTH BEACH II, INC. ~~ (,~ Attest: :AkL'c1. ~o - [SEAL].. By: STATE OF FLORIDA COUNTY OF PINELLAS, SS: 1y appeared e~~ ~ and , to me well known, and known to me to be the ~nd~vi s descri ed in an who e ecuted the foregoing instrument as and of CLEARWATER KEY ASSOCIATION-SOUTH BEACH II, INC., a corpor ~on, and severally to an ~be ore me ha they xecu~ed such instrument and , respectively, of said corporat~on, an t at th to the foregoing in- strument is the corporate seal of said co poration and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corpora- tion. ad ~ .;_"..""i-JITNESS 1~~0 hand and official seal, this ~ day of ..' ...' :-"'C'6'~!..i'. ~ /)' :-~)~.O".."",~:Y .......,. ~ ~ ~~~ .f,,?":"(~R ';v'Z:~~':" . ~!of.ary Public .~ - J: ( '~~' Coramis.s.fon Expires: ') ;.. . "-----'" - \, Nn~ry... Pu~lic ~e:tljlfFlorida at Larqll . . ,,- --, ..,......... C; 11 1"8' 11)./ \.'OmTnISSiOfl .s;;;p~es vtpt. '0 'j I ".," 8orided' By" Arr..cri,C<:1I1 Fire &. Caiualtv Comp.ny . .- [SEAL] CLEARWATER KEY ASSOCIATION- SOUTH BEACH, INC. jJ,' .....):~i.-,,:.:. .- BY:~.e~ d37~:C"~/, ~.' At~t: '. / / /7..1 ~ '.i ."J 'J1"~.. ,~,"~.'~~'~' '-::'~'_?~" JJ~~ -r'-A~_-~~,..;.---:-- ~-. -.....1" -- ~ ..'-'-... -4- (,8W].' ., . I ':!.'.. I , ( D.H.5 1 4 1 PAGE 1 630 STATE OF FLORIDA COUNTY OF PINELLAS, SS~ ,BE.r9 OIREA1E, personally appeared ()/ ~.4.LJ d~ and!Lh,~r.?I ' to me well ~n, an~ kn~wn to me to) be the 1nd1vidu~s described in and ho executed the foregoing instrument as ~ ~A./--' and of CLEARWATER KEY ASSOCIATION-SOUTH BEACH, INC., a corpor 1on, and severally acknowled~d to and before that they ex cuted such instrument as such ~~~~1~ and , respectively, of said corporation, and that the seal affi d to the foregoing instru- ment is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corpora- tion. ~ WITNESS my hand and official seal, thisd?_ day of ~. VJ1d1d~ · 1980. ~LaJ , ~),"_'"_ / Not{/; ~"!' ~. . . // My Commission Expires: - '-- :/ Notary Public, ~tate ot Plorida al lIf~8, 'My Commission Expires S.pt. 11, "61 Bood.d By American fir. & Cii.u~"Y €effl8Rny ~ " ;/ ,,~ ..[S~.i CITY OF CLEARWATER, FLORIDA, (a Municipality located in Pinel s County, Flor'd ) By: Countersigned: Attest: Approved as STATE OF FLORIDA COUNTY OF PINELLAS, SS: ~:. '-.. BEFORE ME, personally appeared (;HAR/...E~ P.. L~C/lE";e Mayor of the City of Clearwater, Florida, and ftMT#dNY ~. SHO~~Rk~~ ,City Manager of the City of Clearwater, Florida, to me well known, and known to me to be the individuals described in and who executed the foregoing instrument as such Mayor and City Manager of the City of Clearwater, Florida, and severally ack- nowledged to and before me that they executed such instrument as such Mayor and City Manager on behalf of the City of Clearwater, Florida, and that the seal affixed to the foregoing instrument is the seal of the City of Clearwater, Florida, and that it was affixed to said instrument by due and regular corporate authority and that said instrument is the free act and deed of said City of Clearwater, Florida. WITI~SS my hand and official seal, this ~ day of ~ ' 1980. , My Commission Expires: J./4U.:<3 J eJ Sf.? f/ I ~~~ ,1tuil:~~:~ ..... _ .;..~~c' :, ~ :'~ _-::' ~ ~..._ :/."~ >, "-. ,.;:" ...~...,^ -rw..-L] .:-." ~v , ,"-~ i. -'. ._,...:. ~ ~:... ,:" -'" . - ....,~ ~:, -5- ".,...- "\ ,P ". :.-: ;/ /;, -. . '- ./ ~Z(;~ ..... .., re- '..I", _"'" "". W; '...;.' -- .- . ,..0.-""", '.... . ~ ..; . ;. ~ " ~- ,,",