FIRST AMENDMENT TO AGREEMENTFIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CLEARWATER, FLORIDA AND THE LAW OFFICE OF DANIEL LAUBER
This First Amendment to Agreement between the City of Clearwater, Florida and the Law
Office of Daniel Lauber (this "First Amendment") is entered into as of April i 1 , 2024, by and
between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City")
and the LAW OFFICE OF DANIEL LAUBER, an Illinois sole proprietorship ("Lauber")
(collectively, the City and Lauber shall be referred to as the "Parties" and each individually as a
"Party" herein.)
RECITALS
WHEREAS, the Parties entered into that certain Agreement between the City of
Clearwater, Florida and the Law Office of Daniel Lauber dated April 18, 2023 (the "Agreement")
to update the City of Clearwater Community Development Code to create standards and
requirements for processing requests for community residences and recovery residences within the
City of Clearwater (the "Project"); and
WHEREAS, the Parties desire to modify and amend the Agreement to increase the cost
proposal under the Agreement and extend the Agreement for an additional one (1) year period.
NOW, THEREFORE for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Recitals and Capitalized Terms. The recitals set forth herein are true, accurate and
correct and are incorporated herein by reference. All capitalized terms, unless otherwise defined
or modified hereby, shall have the same meaning as set forth in the Agreement.
2. Amendment to Agreement Cost Proposal. The Agreement is hereby amended to
increase the cost proposal under the Exhibit "A" by Twelve Thousand Dollars and 00/100 Cents
($12,000.00). These additional funds are allocated as follows: 1.) Five Thousand Dollars and
00/100 Cents ($5,000.00) is allocated to Phase 1 bringing the new cost proposal for Phase 1 of the
Project to Nineteen Thousand Dollars and 00/100 Cents ($19,000.00) and 2.) Seven Thousand
Dollars and 00/100 Cents ($7,000.00) is allocated to Phase 2 bringing the new cost proposal for
Phase 2 of the Project to Twenty -Nine Thousand Dollars and 00/100 Cents ($29,000.00). The
Parties understand and agree that the cost amounts provided under the two phases are only
estimates and that costs may be reapportioned among the two phases so long as the total estimated
cost of the Project is not exceeded.
3. Amendment to Agreement Term. The Agreement is hereby extended for an
additional one (1) year period and will expire on May 1, 2025, unless the Parties mutually agree
to further extend the Agreement.
4. Miscellaneous. Except as modified herein, the Agreement remains unchanged and
is hereby expressly ratified and confirmed. In the event of a conflict between the Agreement and
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this First Amendment, this First Amendment shall control and govern. This First Amendment
shall not be effective unless fully executed by the Parties.
5. Remaining Provisions Enforceable. If any provision of this First Amendment shall be
found invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality and
enforceability of the remaining portions hereof shall in no way be affected or impaired.
6. Authority. Each Party represents and warrants that it has the power and authority
to execute this First Amendment and that there are no third -party approvals required to execute
this First Amendment or to comply with the terms or provisions contained herein.
7. Counterparts. This First Amendment may be executed in counterparts, each of
which will be deemed an original, and both of which together shall be deemed to constitute one
and the same instrument. Each of the Parties hereto shall be entitled to rely upon a counterpart of
the instrument executed by the other Party and sent by facsimile transmission or other electronic
format.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the date and year
first above written.
[SIGNATURE PAGES FOLLOW]
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(CITY SIGNATURE PAGE)
THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Date:
Approved as to form: Attest:
Matthew J. Mytych, Esq.
Assistant qty Att rney
Date: 7lig7011
� V
nni r oirrier
City Manager
apj q, �o�y
osemarie Call
City Cler151
Date: I Q I Q24
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(LAUBER SIGNATURE PAGE)
Law Office of Daniel Lauber,
an Illinois Sole Proprietorship.
70‘t,‘I'e Q4c--/AJ-E
By:
Name: Daniel Lauber
Title: Attorney/Planner
Date: April 17, 2024