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TIMES PUBLISHING COMPANY (5)THIRD AMENDMENT T� CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA This AMENDMENT ta that certain CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER ("Agreement"), is made and entered into this � day of October, 2Q11, by and befinreen TIMES PUBLISHING COMPANY, a Florida corporation, having its principal place of business at 490 First Avenue South, St. Petersburg, Florida 33701, (herein "Seller" or "Times") 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 twice ta extend the Buyer Right of Inspection and Closing Date; and WHEREAS, based on environmental conditions revealed in the course of Buyer's Insp�ction, the Parties wish to amend the contract purchase price; and NOW THEREFQRE, in consideration of the foregoing and the mutual covenants contained hereinafter, IT IS AGREED AS FOLLOWS: 1. RECITALS. The foregoing recitals ar� true and correct and are incorporated herein by reference. 2. FULL PURCHASE PRICE. Paragraph 2 is hereby amended and restated in its entirety as follows. «FULL PURCHASE PRICE : .................................................................. $1,950,000.00„ 3. MANNER OF PAYMENT. Paragraph 3 is hereby amended and restated in i#s entirety as follows. "MANNER OF PAYMENT: Wire transfer in U. S. finds at time of closing . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,950,000.00" 4. PURCHASE PRICE, Paragraph 4 is hereby amended to add the following to the end of the paragraph. "The purchase price has been reduced Two Hundred Fifty Thousand Dollars ($250,000.00) from the original contract purchase price of Two Million Two Hundred Thousand dollars ($2,200,000.00) in recognition of cerkain environmental conditions found to exist during the Buyer's due diligence period ("Remediation R�duction"). The Remediation Reduction is intended to be representative of Buye�s expected expenses in assessing and remediating the environmental conditions to completion. If, at such time as the Buyer secures a notice ofi "No Further Action" firom the Florida D�partment of Page 1 of 3 Environmental Protection related ta the remediation, Buyer has not expended the full Remediation Reduction of $250,000.00, Buyer shall reimburse Seller that remaining portion of the Remediation Reduction up to the Two Hundred Fifly Thousand Dollars ("Seller Reimbursem�nt"). Seller Reimbursement shall be paid by Buyer within thirty (30) days of receiving the No Further Action letter from the DEP in wire transfer U.S. funds ar such other method as agreed to by the Parties. In consideratian of the price adjustment described above, Buyer agrees to accept the property AS IS, WHERE IS, with all faults and agrees to hold Seller harmless from all liabilities arising from environmental conditions on or arising from the property. 5. All terms and conditions of the Agreement shall remain in full force and effect unless expressly amended herein. Signatories: Amendment to Contrac# far Purchase of Real Property by City of Clearwater RE: Pinellas County Parcel I.D. 15-29-15-54450-011-p030 and Pinellas County Parcel I.D. 15-Z9-15-54450-OQ8-004Q and Op60 EXECUTED this �� day of �G�U be f___ ,�011 by Seller. TIMES PUBLISHING COMPANY . � � / �r �r�r��/A � �.,, �- ` - • - : �� • Attest: By: APPROVED BY BUYER & EFFECTIVE this a�f Countersigned: r � � � Frank V. Hibbard Mayar Appraved as to farm: day of ��1---4�-e�l , 2011. CITY OF CLEARWATER, FLORIDA By: a liam B. Home, II City Manager Attest: Page 2 of 2 � Laura Lipowski Mahony Assistant City Attomey � � // Ros�marie Call City Clerk Page 3 of 2 �r �'/a►. �v ,��.,� _� r � �� �� �� �.��'�°�� _�'�''�