SECOND AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTYSECOND AMENDMENT TO CONTRACT FOR PURCHASE OF REAL
PROPERTY
This SECOND AMENDMENT TO CON 'RACT FOR PURCHASE REAL
PROPERTY (this "Amendment") is entered into this,10,`' day of August, 2023, 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, as amended by that certain First Amendment
to Contract for Purchase Real Property with an effective date of January 9, 2023 (collectively,
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 October 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
Amendment by pdf of facsimile signature which shall be deemed for all purposes original
signatures.
8. Binding Effect. This Amendment shall inure to the benefit of and shall be
binding upon each of the parties hereto and their respective successors and assigns.
9. Entire Agreement. Collectively, the Agreement and this Amendment are the total
agreement of the parties and replaces any prior negotiations, understandings or agreements
among the parties, whether written or oral, pertaining to subject matter hereof. Each of the
parties acknowledges representation by counsel throughout all of the negotiations which
preceded execution of this Amendment, and this Amendment has been executed freely and
voluntarily with the consent of and upon the advice of counsel. Each of the parties
acknowledges that it has not relied on any promise, covenant, representation, or warranty,
express or implied, not expressly set forth in this Amendment.
[Signature Pages Follow]
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PURCHASER SIGNATURE PAGE FOR SECOND AMENDMENT
TO CONTRACT FOR PURCHASE OF REAL PROPERTY
IN WITNESS WHEREOF, Seller and Purchaser have executed this Amendment as of
the date and year first written above.
Date: August 1 , 2023
THE DENUNZIO GROUP, LLC,
a Florida limited liability company
Title: Manager
Ifirt
Name ustin J. e nzi
GOTHAM PROPERTY ACQUISITIONS LLC,
a New York limited liability company
Date: August , 2023 By:
Name:
Title:
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PURCHASER SIGNATURE PAGE FOR SECOND AMENDMENT
TO CONTRACT FOR PURCHASE OF REAL PROPERTY
IN WITNESS WHEREOF, Seller and Purchaser have executed this Amendment as of
the date and year first written above.
THE DENUNZIO GROUP, LLC,
a Horida limited liability company
Date: August , 2023 By:
Name: Dustin J. DeNunzio
Title: Manager
GOTHAM PROPERTY ACQUISITIONS LLC,
a New Yo_ limited liability company
Date: August 7 , 2023 By`
Name: O avij) fi cXe4-
Title: Au+ho►,tzed SIOnabr.1
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Countersigned:
By:
SELLER SIGNATURE PAGE FOR SECOND AMENDMENT
TO CONTRACT FOR PURCHASE OF REAL PROPERTY
Brian J. Aun
Mayor
Approved as to form:
EityaY z
Matthew J. Mytych, Esq.
Assistant City Attorney
18537135v2
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CITY OF CLEARWATER, FLORIDA,
A Florida municipal corporation.
By:
Je ife f' oirrier
City Manager
Attest:
Rosemarie Call
City Clerk
EXHIBIT "A"
City Hall - Parcel A
DESCRIPTION
That portion of the East 402.04 feet of Lots 3, 4, & 5 of Block A. John R
Daveyss Re—subdivision as shown on plat recorded in Plat Book 1, page 87 of the
Public Records of Hillsborough County, Florida, of which Pinellas County was
formerly a part; lying South of those lands described in Officid Records Book
14700. page 1498 of the Public Records of Pinellas County. Florida;
LESS the East 15 feet of said Block A;
And LESS the South 20 feet of said bat 5 per City of Clearwater Resolution
64-180. recorded in Officid Records Book 2059, page 493 of said Pinellas
County Public Records.
Said portion of Loth 3, 4, & 5 being more partlaularly described as follows_
Commence at the Southeast corner of Lot 5, Block A, John R Davey's
Re—subdivision as shown on plat recorded in Plot Book 1, page 87 of the Public
Records of Hillsborough County, Florida, of which Pinellas County was formerly a
part; thence N 00' 08'32'E along the East Zine of said Lot 5, a distance
of 20.00 feet to a paint on the North Tine of the South 20 feet of said
Lot 5i thence 589 20'12'W along said North line of the South 20 feet, a
distance of 15.00 feet to the West line a1 the Eoet 15 feet of said Block A and
the Poht of Beghning; thence continue 5 89' 20'12'W along Bald N line of the
South 20 feet, a distance of 387.07 feet; thence N 00' 06'32'E, a distance
of 300.20 feet to the Westerly extension of the Southernmost Zine of those lands
described in Oftcial Records Book 14700, poke 1498 of the Public Records of
Pinellas County, Florida; thence S 88' 25'09'E along sold Ilne, o distance
of 387.17 feet to the said West line of the East 15 feet thence S 00' 06-32'W
along said West Zine of the East 15 feet, a distance of 285.04 feat to the Paint
of Beginning.
Contohing 113.256 square feet, or 2.60000 acres. mare cr less.
NOTES
1_ THIS IS A SKETCH TO ACCOMPANY A CESCRIPTION AS DEFINED IN CHAPTER 6J -t7.06.2 OF
114E FLOROA Afl11M1157RA11VE COPE AND 15 NOT A FELD SURVry.
2. BEARINGS SHORN HEREON ARE BASED CN t1lID NCR1H. AS REFFJIEIM O TD THE FLORIDA
STATE PLAiE COORDINATE SYSTEM. NEST ZONE., AS ESThSUSHED BY THE NATIONAL OCEAN
SERMCES' PROGRAM OFFICE NATIONAL (EMETIC SURVEY AND THE VEST UNE OF OSGECLA
STREET BEING SIXfTH 00106'32' VEST.
3 COORDINATES SHOW HEREON ARE REFERENCED TO FLORIDA STATE PLANE COORDINATES`
NEST ZONE, WIRTH AMERICAN DATUM OF 19834 2011 ADJUSTMENT AS ESTABLISHED USING
1HE FLORIDA DEPARTMENT OF 1RANSFORTATIDNN'S FLORIDA PERMANENT REFERENCE NET IRK
OF BASE STATIONS. THE COORDINATES ARE DISPLA'EO IN US SURVEY FEET,
4. THIS DESCRIPTOR 15 BASED ON THE DIMENSIONS PROVIDED IN A BOUNDARY SURVEY WILED
'THE OTY CF cLEARRWATEWS 111LE Pi COACHAAN PARK' AND OTHER CITY PROPERTIES.
PREPARED BY W1CSURVEY. INC., ITS PROECT 2013-023, AND HAVING A SURVEY DATE or
11/1/2019. NOTE THAT 1HE BEARING OF PIERCE STREET SHORN ON THE SURVEY HAS BEEN
REVISED FROM 50510`t1`w TO 5er20'Itw. HOVEvER THE REVISED SIJVEY HAS NOT YET
BEEN COMPLETED.
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