RUTH ECKERD HALL INC (2)FIRST AMENDMENT TO CONTRACT FOR PURCHASE
OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
This AMENDMENT to that certain CONTRACT FOR PURCHASE OF RFAL PROPERTY BY
THE CITY OF CLEARWATER ("Agreement"), is made and entered into this ��day of September,
2012, by and befinreen RUTH ECKERD HALL, INC., a Florida Non Profit corporation, having its
principal place of business at 1111 North McMullen Booth Road, Clearwater, Florida, (herein "Seller" or
"REH") 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 commonly known as 409 Cleveland Street, as more particularly described in Exhibit "A"
attached hereto and incorporated herein ("Property"); and
WHEREAS, paragraphs 14 and 15 of the Agreement require Seller to deliver possession of the
Property at closing without any tenants, or closing shall be delayed until such time as tenant has been
removed from the premises, but in no event later than December 31, 2012 or the Agreement shall be
null and void in all respects; and
WHEREAS, Buyer now wishes to waive the requirement of removal of the current tenant; 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 correct and are incorporated herein by
reference.
2. OCCUPANCY. Paragraph 14 is hereby amended and restated in its entirety as follows.
The Seller may deliver possession at closing with the tenant that is in possession of the Property
as of the date of this Amendment, the Blue Dahlia Marketplace, LLC onlv and no others. In support of
economic development, and for the purpose of cooperating to relocate the tenant to another storefront
in the City's downtown core, Buyer agrees to waive the requirement to remove said tenant. Other than
said tenant, Seller shall deliver possession at closing without any tenants.
3. LEASES. Paragraph 15 is hereby amended and restated in its entirety as follows.
Seller shall, not less than 15 days after the date of this Amendment, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's
occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to
obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within
the time period in the form of Seller's affidavit, and Buyer may thereafter contact tenants to confirm
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such information. Seller shall, at closing, deliver and assign all original leases to Buyer and credit
Buyer with all advanced rents and security deposits paid by or on behalf of each tenant.
Notwithstanding the provisions above, the Seller shall deliver possession at closing without any
tenant(s) excepting the tenant specifically provided for in paragraph 14 herein. If any tenant other than
the Blue Dahlia Marketplace, LLC is in possession of the property, closing shall be delayed until Seller
has the tenant removed from the premises, but in no event later than December 31, 2012 or this
contract shall be null and void in all respects.
4. All terms and conditions of the Agreement shall remain in full force and effect unless expressly
amended herein.
EXECUTED this I D�^ day of ��r�l(3�� , 2012 by Seller.
Attest:
:
Print Name: �v�
��
1�l ��.i
APPROVED BY BUYER & EFFECTIVE this
Countersigned:
.� c��o��� � ����.�of
George N. Cretekos
Mayor-Councilmember
Approved as to form:
yl��-Q-�
Laura Lipowski Mahony
Assistant City Attorney
RUTH ECKER
:
INC.
ZE�1 �UF�FM,��
Title: �SIOb?JT '-i- C--�
SUE WILSON
MY COMMISSION k Ef 174426
EXPIRES: June 29, 2016
ided Thru Ndary Public Undervrriters
2
day of , 2012.
�
CITY OF CLEARWATER, FLORIDA
-, ��
Wi iam B. Horne, II
City Manager
Attest:
� E�.�/ ti� Gt�'t ��
Rosemarie Call
City Clerk
EXHIBIT "A"
DAVEY'S, JOHN R. RESUB BLK B, PT OF E 19.75FT OF LOT 6 DESC FROM NE COR OF LOT 6 TH W
5.68FT FOR POB TH S'LY TO PNT 8.67FT W OF SE LOT COR TH W 11.09FT TO SW COR OF E 19.75FT
OF LOT 6 TH N TO NW COR OF E 19.75FT OF LOT 6 TH E 14.07FT ALG N LOT LINE TO POB
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