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COURT STREET ENTERPRISES INC AND JOSEPH J HIRSCHFELD AS TRUSTEE (3)�, ° SECOND AMENDMENT TO CONTRACT FQR PURCHASE OF REAL PROPERTY BY THE CITY �F CLEARWATER, FLORIDA This AMENDMENT to that certain CONTRACT FOR PURCHASE OF RE�PROPERTY BY THE CITY OF CLEARWATER ("Amendment"), is made and entered into this _�-rLay of OctobEr, 2011, by and beiween COURT STREET ENTERPRISES, INC., a Florida corporation, having its principal place of business at 8 Cambria Street, Suite 303, Clearwater, FL 337fi7, as to 2/3rds ownership and JOSEPH J. HIRSCHFELD, AS TRUSTEE, as to 1/3rd ownership, whose address is 7105 Pelican Drive, Tampa, FL 33634 (herein "Seller") and the CITY OF CLEARWATER, FLORIDA, a Florida municipality, 112 South Osceola Avenue, Clearwater, Florida 33756 (herein "Buyer" or "City"), (collectively "Parties"). WITNESSETH: WHEREAS, the Parties have heretofore entered into the Agreement for the sale and purchase of rEal property as described therein, having been previously amended ta extend the Buyer Right of Inspectian to October 8, 2011 and Clasing Date to October 1$, 2p11; and WHEREAS, circumstances revealed in the course of Buyer's Inspection warrant an additional extension far Buyer ta complete its due diligence, for the Parties to negotiate applicable modifications to the Agreement based an Buyer's findings, and to adjust the Closing Date, as necessary; and WHEREAS, the Parties mutually agree to �xtend the Buyer's Right of Inspection to Octaber 29, 2011 and the Clasing Date to occur on or before November 8, 2011; and NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, IT IS AGREED AS FOLLOWS: 1. RECITALS. The foregoing recitals are true and corr�ct and are incarparated herein by reference. 2. CLOSING DATE: make a gaod faith effort concluded. This transaction shall close on or before November 8, 2011. Buyer agrees ta to clase as soon as passible after its investigation and due diligence has 3. PROPERTY CONDITION/BIIYER RIGNT OF INSPECTION: The Buyer�s Right of Inspection is hereby extended far a period of twenty-ane (21) days, and therefore shall expire at close of business on October 29, 2011. 4. BUSINESS LEASE CONTRACT ADDENDUM. (Para�raph 301, is h�reby amended to add the fiollowing to the end of the paragraph. "In accordance with thE Buyer's due diligence findings, the Lease shall be amended subsequent to the execution of this Agreement to include generally; Buyer's Right of Entry to pursue remediation of environmental canditions during tenancy by David E Allbritton (Lessee), and a release by Lessee (covering the periad of its tenancy) for any and all claims related ta or resulting from environmental conditions existing, whether knawn or discovered after the Closing Date ("Lease Amendments"). The Parties hereto acknawledge that the representations by David E. Allbrittan individually do not bind Court Street Enterprises, Inc. or Joseph J. Hirschfeld. The Lease Am�ndments are a material inducement for the Buyer to enter into this Agreement. Page 1 of 2 � - »� �. , 5. All terms and conditions of the Agreement shall remain in full farce and effect unless expressly amended herein. Signatories: Second Amendment to Contract For Purchase of Real Property by City of Clearwater RE: Pinellas County Parcel I.D. 15-29-15-54450-011-OQ2p EXECUTED this of October, 2011 by Seller. ' - �� / / : i'.��� / : . � � � : APPROVED BY BUYER _ _._ _ Countersigned: � � � � Frank V. Hibbard Mayor Approve as to form: Laur ahany Assist�nt City Attorney COURT STREET ENTERPRISES, INC By: DAVID Pr�sident !�:"I1:�+7 TTON LD, � 0 -- this /� day of October, 2011. CITY OF CLEARWATER, FLORIDA BY� ��^' � ,�., . William B. Harne, II City Manager Attest: � � Rosemarie Call City Clerk �� v ��� � i n .�.. 9�� C:\Documents and Settings\Joyce\Local Settings\Temporary Internet Files\Content.0utlovk\D31 K5MT4\CourtStreetEnterprises=Purchase2ndAmendmentLLM-10-4-11.docm Page 2 af 2 � - � Y� � � ��� �