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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