FOURTH AMENDMENT TO CONTRACT FOR SALE OF CITY OWNED VACANT LANDFOURTH AMENDMENT TO CONTRACT FOR SALE OF CITY -OWNED VACANT
LAND BY THE CITY OF CLEARWATER, FLORIDA
THIS FOURTH AMENDMENT TO CONTRACT FOR SALE OF CITY -OWNED
VACANT LAND BY THE CITY Off' CLEARWATER, FLORIDA (this "Fourth Amendment")
is made and entered into as of this day of July , 2025, by and between THE
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City" or "Seller");
HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC., a Florida not-for-profit
corporation; and CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC., a Florida
not-for-profit corporation (Clearwater Neighborhood Housing Services, Inc. together with Habitat
for Humanity of Pinellas County, Inc., "Buyer" or "Developer") (Developer together with the City,
the "Parties").
WITNESSETH:
WHEREAS, the Parties entered into that certain Contract For Sale of City -Owned Vacant
Land by The City Of Clearwater, Florida dated June 13, 2023 (the "Original Contract") for the
sale of certain real property as described in the Contract; and
WHEREAS, the Parties entered into that certain First Amendment to Contract for Sale of
City -Owned Vacant Land by the City of Clearwater, Florida dated August 5, 2024 (the "First
Amendment" and collectively with the Original Contract the "Contract") amending the closing
date to no later than December 31, 2024; and
WHEREAS, the Parties entered into that certain Second Amendment to Contract for Sale
of City -Owned Vacant Land by the City of Clearwater, Florida dated December 10th, 2024 (the
"Second Amendment") amending the closing date to no later than April 30, 2025; and
WHEREAS, the Parties entered into that certain Third Amendment to Contract for Sale of
City -Owned Vacant Land by the City of Clearwater, Florida dated April 25th, 2025 (the "Third
Amendment" and collectively with the Original Contract, the First Amendment, and the Second
Amendment the "Contract") amending the closing date to no later than July 31, 2025; and
WHEREAS, due to unforeseen circumstances the Parties wish to amend the Contract to
extend out the closing date; and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
of the parties, and other good and valuable considerations, the receipt and sufficiency of which is
hereby acknowledged and agreed by each of the Parties, the City and Developer do hereby
covenant and agree as follows:
1. The City and Developer do hereby mutually represent and warrant that the
foregoing recitals are true and correct, and said recitals are hereby ratified, confirmed, and
incorporated into the body of this Fourth Amendment.
1
2. Any capitalized terms utilized in this Fourth Amendment and which are not
separately defined herein shall have the meaning ascribed thereto in the Contract.
3. Section 8. Closing Place and Date is hereby amended to provide that the closing
shall take place no later than December 31, 2025. The City shall have the option, in its sole and
absolute discretion, to extend the Closing Date for a period of up to ninety (90) additional days
beyond the original Closing Date set forth in this Agreement. The City may exercise this option
by providing written notice to Developer no later than five (5) business days prior to the then -
applicable Closing Date. Upon such notice, all references to the Closing Date in this Agreement
shall be deemed to refer to the extended date as specified in the City's notice.
4. Except as amended and modified hereby, the terms and conditions of the Contract
and this Fourth Amendment are and shall remain in full force and effect. The Contract as modified
by this Fourth Amendment, is affirmed, confirmed, and ratified in all respects.
5. In the event of conflict or ambiguity between the terms and provisions of this Fourth
Amendment and the Contract, the terms and provisions of this Fourth Amendment shall control to
the extent of any such conflict or ambiguity.
6. If any provision of this Fourth Amendment shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining portions hereof or thereof shall in no way be affected
or impaired, nor shall such holding of invalidity, illegality or unenforceability of such provision under
other dissimilar facts or circumstances.
7. This Fourth Amendment may be executed in multiple counterparts, each of which
shall be deemed an original but all of which, together, shall constitute one instrument. For the
purposes of this Fourth Amendment, an executed facsimile or electronically delivered counterpart
copy of this Fourth Amendment shall be deemed an original for all purposes.
IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment as of
the day and year first set forth above.
[Remainder of page left intentionally blank]
2
(CITY OF CLEARWATER SIGNATURE PAGE)
Bruce Rector
Mayor
Date: -7115/25
Approved as to form:
Matthew J. Mytych, Esq.
Senior Assistant City Attorney
Date: 67 7/d s
3
The City of Clearwater, Florida,
a Florida municipal corporation.
By:
JenniJ`er Pdtfrier
City Mana er
Date: -7 I S 1/5
Attest:
Rosemarie Call
City Cll.
Date:
(HABITAT SIGNATURE PAGE)
Nam ` ecA L//4 7-
Add_ress: M0/ R.r SOH 84
7i I pi_ 33 -761,
Name:
Address: /gm .Rco
.i)<<
STATE OF FLORIDA
COUNTY OF
Habitat for Humanity of Pinellas
County, Inc., a Florida not-for-profit
corporation.
Michael Sutton
CEO
Date: Gl24I201-t
The foregoing instrument was ackno ledged before me by [✓j physical presence or
[ ] online notarization, this ,2C/4 day of jim°L , 2025, by Michael Sutton, as CEO of
Habitat for Humanity of Pinellas County, Inc., a Florida not-for-profit corporation, on behalf of
the corporation. He/She is personally known to me or who produced as
•
identification.
Print Name:C �j 1/1` °
Notary Public v
CESAR FIGUEREDO
Notary Public • State of Florida
ilayy Commission # HH 239361My Comm. Expires Mar 13, 2026
Bonded through National Notary Assn.
4
Wi
(CEARWATER NEIGHBORHOOD HOUSING SERVICES SIGNATURE PAGE)
Name:
ddress:
!o0 g
Name:
Address:
P4rrd FL 34 l 9
STATE OF FLORIDA
COUNTY OF?f nt.11as
)
Cy,
Clearwater Neighborhood Housing
Services, Inc., a Florida not-for-
profit corporation.
By:
Efrain Cornier, Jr.
President and CEO
Date : 4
t� lb
202‹
The foregoing instrument was acknowledged before me by E/1 physical presence or
[ ] online notarization, this / "day of jun, , 2025, by Efrain Cornier, Jr., as President
and CEO of Clearwater Neighborhood Housing Services, Inc., a Florida not-for-profit corporation,
on behalf of the corporation. He/She is [r/] personally known to me or [ ] produced
as identification.
Notary Pubdo hate of Flodds
maimTodd Ledelr
My Commissloo NN 110558
Expires 4/112028
5
•X/
Print Name: , j Lee/r1,i
Notary Public