DECADE SEA CAPTAIN LLC (3)THIS INSTRUMENT DRAFTED BY AND
WHEN RECORDED RETURN TO:
Mary Neese Fertl, Esq.
Quarles & Brady LLP
411 E. Wisconsin Avenue
Suite 2350
Milwaukee WI 53202
MODIFICATION OF DEED
THIS MOD ICATION OF DEED (this "Modification") is made and entered into as
of the /7/4` day of —/ = , 2020, by and between the CITY OF CLEARWATER,
FLORIDA (the "City"),"a municipal corporation of the State of Florida whose mailing address is
P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City
Manager, and DECADE SEA CAPTAIN LLC, a limited liability company authorized to
conduct business in the State of Florida, whose mailing address is 13555 Bishops Court, Suite
345, Brookfield, Wisconsin 53005 ("Decade").
WHEREAS, the City conveyed to Decade the real estate known as 41 Devon Street,
Clearwater, Florida legally described as follows:
Lot 1, less the West 110 feet thereof, Block B, COLUMBIA SUBDIVISION
according to the map or plat thereof recorded in Plat Book 23, Page 60,
Public Records of Pinellas County, Florida (the "Property")
pursuant to a certain Special Warranty Deed dated January 24, 2017 and recorded in the Office
of Clerk of Court for Pinellas County on January 31, 2017 in Official Record Book 19502, Pages
931-934, as Document No. 2017033092 (the "Special Warranty Deed");
WHEREAS, the Special Warranty Deed granted to the City a right to repurchase the
Property if vertical construction of a parking garage was not commenced on or before the
expiration of the Construction Commencement Period;
QB\63378937.1
WHEREAS, the Construction Commencement Period was extended to expire on
August 26, 2020;
WHEREAS, the City has determined a further extension of Construction
Commencement Period would be in the best interest of the City; and
WHEREAS, the City and Decade desire to extend the Construction Commencement
Period as provided in this Modification.
NOW THEREFORE, for and consideration of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed
as follows:
1. The Construction Commencement Period as defined in the second paragraph of
the second page of the Special Warranty Deed is hereby further changed to expire on August 26,
2021.
2. This instrument constitutes a modification of the Special Warranty Deed.
3. All other provisions of the Special Warranty Deed, except as modified by this
Modification, shall remain unchanged and in full force and effect.
4. This Modification shall be binding upon and inures to the benefit of the parties
hereto and their respective successors and assigns.
[signatures on following pages]
2
QB\63378937.1
IN WITNESS WHEREOF, the parties have executed this Modification as of the date
first above written.
Countersigned:
V. Hibbard, Mayor
Approved as to form:
Laura Mahony, Assistant CiAttorney
STATE OF FLORIDA )
) SS
COUNTY OF PINELLAS ) //
BEFORE ME, the undersigned, personally appeared /'�aN,� v /Jf�jhe Mayor of
the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be his free act and deed for the use and purposes herein set forth, and who is
personally known to me.
CITY OF CLEARWATER, FLORIDA
By: tLA
/6114-44.112)-M
William B. Home, II, City Manager
Attest:
Rosemarie Call, City Clerk
WITNESS my hand and official seal this
Notary Public State of Florida
4PatriCia A Kuligowski
My Commission GG 131393
F4
1 Expires 10/2012021
STATE OF FLORIDA
) SS
COUNTY OF PINELLAS )
eday of
, 2020.
Notary Public — St f lori
Print/type name: /c,/;/
My commission expires: /0
BEFORE ME, the undersigned, personally appeared k,U a al R 1 ,aefiz, the City
Manager of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this I b day of , 2020.
QB\63378937.1
Scott Burrows
4 COMMISSION # GG261179
• I EXPIRES: October 1, 2022
% �• Bonded DmAaron Notary
Notary Public — State of Florida
Print/type name: ;STVe+_r,
My commission expires: l; C j'1
3
Signed, Sealed and Delivered
in the presence of:
I List
STATE OF Fi iz i o71
) SS
COUNTY OF P/AIEGU/1 3 )
p
S
DECAD EA C TAIN L ' C
By:
Jeffijey` = erl ber, Manager
BEFORE ME, the undersigned, personally appeared Jeffrey Keierleber, the Manager of
Decade Sea Captain LLC, who executed the foregoing instrument and acknowledged the
execution thereof to be his free act and deed for the use and purposes herein set forth, and who is
personally known to me.
WITNESS my hand and official seal this 43day of daja5r
, 2020.
/1
(flat
Notary ' ublic
Print/type name: M&4'er'
State of ,CK/act
j'v (/mss County
My commission expires:
4
QB 63378937.1
MARY BORDEN LECAVALIER
Notary Public - State of Florida
Commission # GG 129317
My Comm. Expires Nov 24, 2021
Bonded through National Notary Assn.