FIRST AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTYFIRST AMENDMENT TO CONTRACT FOR PURCHASE OF REAL
PROPERTY
This FIRST AMENDMENT TO CONTRACT FQR PURCHASE OF REAL
PROPERTY (this "Amendment") is entered into this I S4- day ofiVrt, 2023 and made effective
as of January 9, 2023 (the "Amendment Effective Date"), by and among THE CITY OF
CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida ("Seller"), and The
DeNunzio Group, LLC, a Florida limited liability company ("DeNunzio"), and Gotham Property
Acquisitions, LLC, a New York limited liability company ("Gotham") (DeNunzio and Gotham shall
be collectively referred to as "Purchaser").
WHEREAS, Seller and Purchaser entered into that certain Contract for Purchase of Real
Property with an effective date of August 15, 2022 (the "Agreement"), concerning the sale from
Seller to Purchaser of the property known as the "Old City Hall Site", as more particularly defined
in the Agreement and Exhibit "A" attached hereto; and
WHEREAS, Seller and Purchaser desire to amend the Agreement to extend the inspection
period for the Old City Hall Site as more particularly set forth herein.
NOW, THEREFORE, for and in consideration of the sum of $1.00 and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
intending to be legally bound, Purchaser and Seller hereby agree as follows:
1. Capitalized Terms. All capitalized terms used but not defined herein shall have the
meanings ascribed to them in the Agreement.
2. Inspection Period. Section 19 of the Agreement is hereby amended so that the
Inspection Period as defined in Section 19 is extended until August 31, 2023.
3. Conflict in Terms. In the event of any conflict between the terms of this
Amendment and the Agreement, the terms contained in this Amendment shall supersede and
control.
4. Ratification., Full Force and Effect. Except as expressly modified and amended
herein, the terms of the Agreement are hereby ratified and affirmed and shall remain in full force
and effect.
5. Severability. If any provision of this Amendment shall, for any reason and to any
extent, be invalid or unenforceable, the remainder of this Amendment and the application of such
provision shall not be affected thereby, but rather shall be enforced to the maximum extent
possible.
6. Headings. The captions and headings used throughout this Amendment are for
convenience of reference only and shall not affect the interpretation of this Amendment.
7. Counterparts. This Amendment may be executed in two or more counterparts
and/or counterpart signature pages, each of which shall be deemed an original, and all of which
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shall constitute one and the same instrument. In addition, the parties may execute this A nendment
by pdf of facsimile signature which shall be deemed for all purposes original signature
8. Binding Effect. This Amendment shall inure to the benefit of and shall to binding
upon each of the parties hereto and their respective successors and assigns.
9. Entire Agreement. Collectively, the Agreement and this Amendment a e the total
agreement of the parties and replaces any prior negotiations, understandings or agreemc its among
the parties, whether written or oral, pertaining to subject matter hereof. Each of ie parties
acknowledges representation by counsel throughout all of the negotiations which preceded
execution of this Amendment, and this Amendment has been executed freely and volur arily with
the consent of and upon the advice of counsel. Each of the parties acknowledges tha it has not
relied on any promise, covenant, representation, or warranty, express or implied, not ea )ressly set
forth in this Amendment.
[Signature Pages Follow]
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IN WITNESS WHEREOF, Seller and Purchaser have executed this Amendment as of
the date and year first written above.
PURCHASER SIGNATURE PAGE FOR FIRST AMENDMENT
TO CONTRACT FOR PURCHASE OF REAL PROPERTY
Date: April 28 , 2023
THE DENUNZIO GROUP, LLC,
a Florida limited liability company.
By: r' "
Name: Dustin J.teNunzio
Title: Manager
GOTHAM PROPERTY ACQUISITIONS, LLC,
a New York limited liability company.
Date: April , 2023 By:
Name:
Title:
3
IN WITNESS WHEREOF, Seller and Purchaser have executed this Amendment as of
the date and year first written above.
PURCHASER SIGNATURE PAGE FOR FIRST AMENDMENT
TO CONTRACT FOR PURCHASE OF REAL PROPERTY
THE DENUNZIO GROUP, LLC,
a Florida limited liability company.
Date: April , 2023 By:
Name: Dustin J. DeNunzio
Title: Manager
GOTHAM PROPERTY ACQUISITIONS, LLC,
a New York limited liability company.
Date: April 28th , 2023 By: ►/ "
Name:
Title:
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David Picket
Authorized Signatory
Countersigned:
By:
Brian J. Aun
Mayor
SELLER SIGNATURE PAGE FOR FIRST AMENDMENT
TO CONTRACT FOR PURCHASE OF REAL PROPERTY
Approved as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney
17735220v1
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CITY OF CLEARWATER, FLORIDA,
A Florida municipal corporation.
G:
Poirrier
City Manager
i'Vud ?CC
Rosemarie Call
City Clerk
EXHIBIT "A"
City Hall — Parcel A
DESCRIP-1-10N
That purifQn of the Eas# 402.04 c�f Luk,,-. 3 -4, & 5 4f BIQck A, 41ahn R
Davey -Re—subelMslan as shorn an plat recorded In Plat Book 1, Pace OF of the
Public Records of Hillsborough County, Florida, of which Pinellas County was
formerlyr a part; lying, South of those Ian-1s daso0bed in Official Records Eyck
14700. page 1498 of the 'Public Reccrds of Pball-as County, Florida;
LESS the East 1,5 feet of said Black A;
And. LESS the South 20 feet of said Lott 5 per City of Clearwater Resolution
54-1511, re,=Fded irk Offieit! R rdS 8001; 2059, pap 49.3 0 ;t-aid P[hellos
c4unty public Reeer^d%
Sold portion of Luta 3,. 4, & S Celn€1 more particularly descrbed as follows:
Cornmcncv .at the uthcaut corder of Lvi 5, 0lvck A. John R Daveyra �
Re—suladMsIon a.% shown on plat recorded In Plat Book 1, page V of the Publ1c q$+
Reee+rds of Hlllsbarough Cetrntyr, Florida, of which Pinellas Couhty was formerly a
park; thence N 00' 06'32'E along the East line of said Lot .5, a distance
of 20.00 fact to a point on the forth line sof the South 2a feet of said
Lot 5,; therico S ' 20*1 *W along maid Nceth lino of the South ..20 fact, a
dtstpnce of 15,00 feet to the ti'est lime 61 the East 15 feet of sbid Block A and
the Pott -0f.E3eginning; thence continue S 89� 20'12+W along sold N line of the
South 20 feet a dieEanc of 387,07 feat; thence N 1W 013'32`E, a distance s
of 300+20 feet to the Westerly exten,sion of the Southernmost lino of tihoso lands
de=ffbed in Offtiol Records Book 14104, page 149+5 of the Public Records of
Pinellas County,. Florlda-, thence S $B" 25'09'E along sal'd line, a distance
of 3157.1' feet to the said West line of the East 15 feet-, thence S 00' 06'32'W
along said West line of the East t5 feet, a -distance of 285.04 met to the 'Paint
of Begin ning,
ContahIng 113,256 squme feet, er 2.60DOO acres, more cr less.
NOTES
1_ THIS IS A SKETCH TO AOMMPAW A DESCRIPTION AS DEFINED IN CHAPTER 5d-17:= OF
THE FLCROA tW1HISft-nVE ME AND IS NOT A FEL.D °&AVEY.
I BEARINGS 91400 HEREON ARE RASH CN MO NMIH, AS REFMLEN,IMD TO THE FLORIDA
STATE�PL,VdE COORDINATE SMTEM, -ASST 2ONF, AS ESTABLISHED BY THE NATIONAL OCEAN
SERYCES'PROGRAW CFFIDE NATIONAL GEMETIC SURVEY AND THE WEST LINE OF O9CECLA
STREET BEING SWTH OnH'30 'lel=ST
3. GO(IRDWAJES SHNN HEREON ARE REFERENCED TO FLORIDA STATE PLANE coaRDINATEw
WEST Z04j WJRTH AMERr-ANDATJM OF 7983,. 2111 AD.IUSTVENT AS ESTABLISHED USING
THE FLORIDA DEPARTMENT OF TRANSP'OWWrION'S FLONDA PEFt ANENT REFEIIENCE NETYSURK �
OF SASE'ST,ATID<S THE COORDINATES ARE DISFLAWD IN U3 SURVEY FEET
4_ THIS DE3MPT1aN 13 BASED ON THE DIMENSIONS PROVIDED IN A'BMMDARY SURVEY 7111ED
"THE CITY CF CLEARWATERrS TITLE N COACHMAN PARK' AND OTHER CITY PRRPERTIEX
PREPAiiED ElY N SURVEY,. L. , ITS RROECT 2018-023,AND HAVING A SURVEY DATE SOF
11/1 t209.0, NOTE THAT THE BEARING OF PIERCE STREET SHOW ON THE SUFIVEY'HAS BEE4
REVISED FROM'aa:►'%#11'M[ To 599WjrW. HOWE'M THE EEMSEB SURVEY HA5 NOT YET
BEEN GOWFLETED,
PPJWf*M FUM
Sketch Of Descn' ttion
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LEGEND
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06919 - DEID Ei{ X/PAGF
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F69/4 - FLAT 90010 PA{E
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N- - NORTHIkIC-(Y) COOMNATE
E;- - EASTTNG(k) 000RCINAM
QV or ;Iogr+raW Sketch ofesmi�tian
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rge MUM=
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