CREATIVE CONTRACTORS INC FIRST AMENDMENT TO
CONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS. FIRST AMENDMENT TO CONTRACT FOR EXCHANGE OF REAL
PROPERTY (this "Amendment").is dated as of the. ag�day of April, 2020, by and between
the City. of Clearwater, Florida, a.Municipal Corporation of the State of Florida ("City") and
Creative Contractors,Inc.,a Florida corporation("Creative"):(hereinafter referred to individually
as"party" or collectively as the"Parties").
RECITALS
A. The.Parties entered into that certain Contract for Exchange of Real Property, with
an effective date of Ianuary 21,2020(the"Exchange Contract''or"Contract"),whereby the Parties
each have agreed to exchange to the other,:certain Property as defined in the Contract.
B. Section 5, second full paragraph of the Exchange Contract. provides that the
exchange proposed in the Contract is contingent upon and/or subject to certain.contingencies
occurring or the..Contract shall be null and void in.all..respects,one.of which,as stated in subsection.
6 of the paragraph,provides for the reservation.of new easements by the City,labeled Exhibits 4'D
-
I","13-231,C0-3"and."D4". The Parties now wish.to.provide for the inclusion of a new easement
reservation by the City for a right-of-way as Exhibit."D-5
C. The Parties.wish to extend the closing date under Section 9 from."on or before.
October 1,2020", to December 30,2020,:an additional ninet3,(90)clay period.
D. Further,. due to circumstances beyond the Parties' control, more specifically, a
global pandemic, which has .impacted the normal .functions of the .government, City staff and
private corporations,the.Parties now wish to extend.the time for due diligence as provided.for in.
Section 15 of the Contract, more specifically, extending the Inspection Period from.ninety (90)
days after the.Effective Bate of the Contract,untilAugust 22, 2020.
E. The Parties now desire to amend.the Exchange Contract as set forth herein.
THEREFORE,in.consideration of and in reliance upon the.above Recitals,which by this.
reference are incorporated herein, the terms, covenants, conditions and representations contained
in this Amendment,. and other good and ,valuable consideration,.the receipt and sufficiency of
which are hereby acknowledged,the Parties agree as follows:
1. Incorporation of Recitals: The Recitals set forth.above:are true and correct and
area incorporated herein by reference.
2. Defined Terms. Capitalized terms .used:but.not..defined herein shall have the
meanings ascribed to:such terms:in the.Exchange Contract.
3. Section.5. The second.(2nd)full paragraph of Section 5 of the Exchange Contract,
subsection 6 is.hereby deleted in.its entirety and replaced with the following:.
AGM 19-1313-1337251319/1)
4833-8658-14141
"(6) the.reservation(if new easements by City(as moreparticularly described in Exhibit
"❑-1", Exiiibit "D-2",Exhibit "D-3";Exhibit."D-4", and Exhibit "D-5", attached.hereto
and incorporated herein);".
4. Section 9.. The closing date as provided for in Section 9 shall be.revised from "on
or before October 1.2020"to December 30,2020,an extension.ofninety(90)days.
5. Section 115. 15(b)of the Exchange Contract;first full sentence is hereby deleted in
its entirety.and replaced with the following:
"b. [X] As Is With Right of Inspection: Each Grantee may, at its expense and on
or before August .22, 2020 ("Inspection Period"), conduct iiispections, tests.
environmental and any other investigations:of the Property:it is acquiring as it.
deems necessary to determine suitability for its:intended use.."
& Section 21 . Second full paragraph of Section 21 of the Exchange Contract is hereby
deleted in its entirety and replaced with the fallowing*
"City Property: Creative Contractors acknowledges.and hereby agrees to accept
the City Property subject to the following,which may materially affect the value of
the City Property: 1) the reservation of certain easements burdening the City
Property as more particularly described in Exhibits"D-1","D-25%'0 1","D=4"and
"13-5"; 2) Wellhead Restrictions applicable to the City Property as reflected in
Exhibit"E=1","E-2",and'`E-3';the state of the utilities present on,or absent from,
the City Property, as the case may be,as reflected in Exhibit-F".-
7.
.F""7. Section 32. The following Exhibit shall be added to the "Exhibits Attached"
paragraph and:attached to the Contract.as an exhibit in its logical sequential order:
"Exhibit "D=5" — (new) Right-of-'Way Easement to .he reserved (attached hereto
and incorporated herein).
8. Miscellaneous.
(a) Except as .modified hereby, all terms and. :proyisions: contained in the.
Contract shall remain, in full force and effect and are her ratified and confirmed. If
there is a conflict between the terms of this Amendment and the Contract,then the terms
of this.Amendment shall control.
(b). The.provisions.of this.Amendment.shall be binding upon,and shall inure.to
the benefit of,the successors and assigns of the each.party,respectively:
(c) A party may deliver executed signature pages. to this Amendment.by
facsimiletransmission or electronic transmission in PDF format to the other party,which
facsimile or PDF copy shall .be deemed. to be an original.executed :signature page.
Notwithstanding the foregoing,each.party delivering executed documents by facsimile.or
other electronic means agrees to provide the other patty with an original,hard copy of the
relevant signed documents promptly after the request of the other party.
OM 19-1313-1331251318111
4833-8659-[414.1
IN WITNESS WHEREOF,,the parties have executed this Amendment as of the date first
set forth above.
Creative Lentz-actors, Inc. Signature Page to First Amendment to Contract for Exchange of Real
Property—CREKI'IVE CONTRACTORS AND CITY OF CLEARWATER
Witness: CREATIVE CONTRACTORS,INC.,
a Florida corporation
z
By:
Print Name PrintNarAe. A44
Title- Cev
W"
lie s:
Print Name
Alan C.Bot
Y
Witness:
P
lip Q
ams RI�M./
Print Name
Wi
Print Narxle
Nancy S.Bomstein,individually
Witness
Print Name
Wi
en
[UM 194313-1331251318111
4833-8658-1414.1
Print Name
City Signature Page to First Amendment to Contract for Exchange of Real Property—
CREATIVE CONTRACTORS AND CITY OF CLEARWATER
Countersigned: CITY OF CLEARWATER, FLORIDA
'Ffank Hibbard William B. Home 11
Mayor City Manager
Approved as to form: Attest:
'0
Laura Lipowski MahonyRosemarie Call
Assistant City Attorney City Clerk,
[End qf*signature s
[GM19-1313-13MSH18111
4,833-9659-1414.1
POINT OF
POINT OF
COMMENCEMENT BEGINNING
NE corner of Ger f to Bay
Gardens
S 89°57'24"E 200.00' 5 89 5724.E MO 00'
Guyl 'to Bay
Gardens
Plat Book 50,
Page 60
moo. oo
ICS
ry ry �
0 o W
Zt y is
W
East 12.5.'
Rt 89'57'24".Ldp :10000'
Illi: f This is not cr survey f
I �
Legal Description
FAUS-Right-of-Way Easement described as follows;
12.5.'of the:following described tract
Commence at the NE corner of Gulf to Bay Gardens as.recorded in.Plat Book 50,Page 60,Public Records
of Pinellas County
Florida3'run.thence S.89'57'24"E,a distance.of 260M'to the.Point of Beginning;thence 8 89'.51,924"E,a distance of 1ao.00,;
thence S 00'20'.15"E,a distance of 300.00'.�..therice N 890.57'24"W,a distance of 10.0,1)0';thence N 00'2015"W,a.distance Of
300.00'to the:Point of Beginning.
CITY OF CLEARWATER a�:�• SH�r
ENGINEERWG DEPARTMENT Exhibit DS Lgl 2019-19. '1. 4F 1
oFttiwly 8Y cla>=cx��BY Reserve 12.5' Right-of-Way Easement SEC-TWNSP-RNG 17 — 29 s 15 E
Jim 6enNrell Tam Mahony DATE DRAWN 04/Q1/2020