FIFTH AMENDMENT AND ASSIGNMENT OF CONTRACT FOR SALE OF CITY OWNED VACANT LANDFIFTH AMENDMENT AND ASSIGNMENT OF CONTRACT FOR SALE.OF CITY -
OWNED VACANT LAND BY THE CITY OF CLEARWATER, FLORIDA
THIS FIFTH AMENDMENT AND ASSIGNMENT OF CONTRACT. FOR. SALE OF
CITY -OWNED VACANT LAND BY THE CITLQF CLEARWATER, FLORIDA (this "Fifth
Amendment") is made and entered into as of this I -day of February, 2026, by and between THE
CITY OF CLEARWATER, FLORIDA, a Florida m.unicipal corporation (the City" or "Seller");.
HABITAT FOR, HUMANITY OF PINELLAS COUNTY, INC., a Florida not-for-profit
corPoration; CLEARWATER .NEIGHBORHOOD HOUSING SERVICES, INC, a Florida not-
forvrofit corporation (Clearwater Neighborhood Housing.Services, Inc. together with Habitat for
Humanity of Pinellas County, Inc., "Buyer" or "Developer"); and Lake Belleview Development,
LLC, a Florida limited liability company ("Assignee") (Developer together with the City and
Assignee, the"Parties").
T. N E S S.E T H:
WHEREAS, the City. and Developer 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 certainreal property as described ill:the Contract; and
WHEREAS, the City and Developer entered into.that certain First Aniendment to Contract
for Sale of City -Owned Vacant Land by the City of Clearwater; Florida dated August 5,2024 (the
"First Anieridment") arnending the closing date to no later than December31, 2024;. and
WHEREAS, the City and Developer entered into. that certain Second Amendment. to
Cbntract.forSale or 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
WREkEAS,.the City and.Developer entered into that certainThird Amendment to 'Contract
for Sale Of City -Owned Vacant Land by the City of Clearwater, Florida. dated April 25', 2025. (the
"Third Amendment") amending the closing date. to. no laterthan July 342025;..and
WHEREAS, the City and. Developerentered into that certain Fritrth Aniendment to
Contract for Sale of .City -Owned Vacant Land' by the City of Clearwater„.Florida dated.July 15,
2025 (the "Fourth Amendment" and collectively with the Original Contract, the First Amendment,
the Second Amendment, and the Third Amendment the"Contractr) amending the closing date to
no later than December 342025; .and
WITEREAS,due to unforeseen circumstances with development permitting the. City and
Developer wish to. amend the Contract to removethe contingency that requires the developer to
obtain building permits prior to closing and extend out the date by which the Developer shall sell
allunits contained within the project; and
WHEREAS, the City and Developer wish to assign the Contractto Assignee, Developer's
.special purpose entity.established for the development of the project described in the *Contract.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
3.
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 Parties 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 Fifth Amendment.
2. Any capitalized terms utilized in this Fifth Amendment and which are not separately
defined herein shall have the meaning ascribed thereto in the Contract.
3. Exhibit B, Section 1, Subsection B of the Contract is hereby amended to exclude building
permits from the list of required predevelopment activities. This modification
acknowledges that building permits cannot be obtained until a final plat has been recorded
with the Pinellas County Clerk of the Circuit Court, which is contingent upon the
completion of preliminary site work.
4. The Contract is amended to provide for a reverter in favor of the City, subject to the
following procedure:
a. Notice of Default. In the event that the Project is not completed in accordance with
the terms and timelines set forth in the Contract, the City shall provide written notice
to the Developer mailed to Developer's addresses provided in the Contract or such
other addresses that Developer has specified to the City in writing identifying the
specific nature of the default.
b. Cure Period. The Developer shall have ninety (90) days from the date of the City's
notice to cure the default to the City's satisfaction.
c. Reverter. If the Developer fails to cure the default within the ninety (90) day period,
the City may, in its sole discretion, provide written notice of its intent to exercise its
right of reverter. Upon issuance of such notice, all rights, title, and interest in the
Property shall automatically revert to the City without the necessity of further action
or legal proceedings. Actual receipt of the notice shall not be required if the notice
is mailed to Developer's addresses provided in the Contract or such other addresses
that Developer has specified to the City in writing. The City's reverter shall survive
the termination of the Contract and shall be expressly included in the deed
transferring title to the Developer. Additionally, the City shall have the right to
record a notice of reverter in the Public Records of Pinellas County, Florida.
5. Exhibit "B", Section 1, Subsection (i) of the Contract is hereby amended to provide that
the Developer shall complete the sale of all units to qualifying homeowners no later than
December 31, 2028.
6. The Parties hereby agree to extend the Closing Date of the Contract to June 30, 2026.
7. The Parties agree that, effective upon execution of this Fifth Amendment, Developer
2
hereby assigns, transfers and conveys all of its rights, duties, interest and obligations under
the Contract to Assignee. Assignee accepts such assignment and agrees to assume and
perform all obligations of the Contract. All references to Developer in the Contract shall,
as of the effective date of this Amendment, be deemed to refer to Assignee. This
assignment shall be binding upon and inure to the benefit of the Parties and their respective
successors and permitted assigns.
8. Except as amended and modified hereby, the terms and conditions of the Contract and this
Fifth Amendment are and shall remain in full force and effect. The Contract as modified
by this Fifth Amendment, is affirmed, confirmed, and ratified in all respects.
9. In the event of conflict or ambiguity between the terms and provisions of this Fifth
Amendment and the Contract, the terms and provisions of this Fifth Amendment shall
control to the extent of any such conflict or ambiguity.
10. If any provision of this Fifth 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.
11. This Fifth 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 Fifth Amendment, an executed facsimile or electronically delivered
counterpart copy of this Fifth Amendment shall be deemed an original for all purposes.
IN WITNESS WHEREOF, the Parties hereto have executed this Fifth Amendment as of
the day and year first set forth above.
(CITY OF CLEARWATER SIGNATURE PAGE)
Bruce Re
Mayor
Date:
Approved as to form:
Matthew J. Myty, Esq.
Senior Assistant City Attorney
Date: ai 10R,C
3
The City of Clearwater, Florida,
a Florida municipal corporation.
By:.
Jeni fer
Day M -a111 P40
Date:
Attest:
Rosemarie Call
City Clerk
Date: 1E1
OA
Witnesses:
ti 7`
Address: f33S'j W5544
_ C✓wl3376c)
(HABITAT SIGNATURE PAGE)
STATE OF FLORIDA
COUNTY OF
Habitat for Humanity of Pinellas
County, Inc., a Florida not-for-profit
corporation.
Name: Mic
Title: CEO
Date: ///.9- lip
The foregoing instrument was acknowledged before me by [✓] physical presence or
[ ] online notarization, this day of Cann , 2026 by Michael Sutton, as CEO of
Habitat for Humanity of Pinellas County, Inc., on behalf of the corporation. He/She is []'personally
known to me or [ ] who produced as identification.
a.®ren. —w44.-4.-_4.` _
CESAR FIGUERE00
9 Notary Public - State of Florida
Commission # HH 239361
of My Comm. Expires Mar 13, 2026.
Bonded through National Notary Assn.
animmED_��
4
Print Name:
Notary Public
Commission No.: 1-4-14 an' 36
My commission expires: NA 13 f2V 6
(CEARWATER NEIGHBORHOOD HOUSING SERVICES SIGNATURE PAGE)
Witnesses:
• J 4 4' 4 • 1
Address: Z = 9 B CRh-Gan.;,
Name:
l ' i'A Fc. 612
ill
Name: �� j Wcti•N
Address: / 4 N� �, C1,4 de.,;,
LNrfa�/=C 3377/
STATE OF FLORIDA
COUNTY OF?, (\lilac,
Clearwater Neighborhood Housing
Services, Inc., a Florida not-for-
profit corporation.
By::
Name: Efrain Cornier, Jr.
Title: President and CEO
Date: -U.1/1A 121 2LJZ
The foregoing instrument was acknowledged before me by pd physical presence or
[ ] online notarization, this 12 day of , 2024, by Efrain Cornier, Jr., as President
and CEO of Clearwater Neighborhood Housing Services, Inc., on behalf of the corporation.
He/She is p6 personally known to me or [ ] produced
as identification.
`Notary Public State et Florida
Todd Leciair
My Commission HH
510556
Expires 4/1/2028
5
Tint Name: Zeck*/
Notary Public
CommissionNo.: NW Sior5S6
My commission expires: 9-I -1627
(LAKE BELLEVIEW DEVELOPMENT SIGNATURE PAGE)
Witnesses:
Name: Ao
Address: 2 61 P Civ ccr. , a;
TAnirpJ 31L0
Name:
Address: �/1 c„ 4.7 C / .t Pa
1-47, F1 3377/
o
STATE OF FLORIDA
COUNTY OF
Lake Belleview Development,
LLC, a Florida limited liability
company.
Name: - ctl it--Gcsi r --
Title: G
The foregoing instrument was acknowledged before me by Nt physical presence or
[ ] online notarization, this day of J -, 2026, by FrciYik-Corn?€l---
of Lake Belleview Development, LLC, on behalf of the company.
He/She is J personally known to me or [ ] produced
as identification.
as
Notary Public State of Florida
i/
Todd Leclalr
My Commission HH 510556
Expires 4/1/2020
6
Print Name: /o W Lc/a/c
Notary Public
Commission No.: Ho 5 )bSSA
My commission expires: y- f-2O2R