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BARNELL AND SANDRA EVANS (2)FIRST AMENDMENT TO CONTRACT FOR EXCHANGE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA THIS FIRST AMENDMENT TO CONTRACT FOR EXCHANGE OF REAL PPERTY BY THE CITY OF CLEARWATER, FLORIDA is made and entered this ,r day of February, 2023, by and between the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "City"), whose post office address is Post Office Box 4748, Clearwater, FL 33758, and Barnell Evans and Sandra Evans, husband and wife, whose post office address is 1578 Sandy Lane, Clearwater, Florida 33755, (collectively "Parties") WHEREAS, the Parties entered into that certain Contract for Exchange of Real Property by the City of Clearwater, Florida dated August 22, 2022 (herein, "Exchange Contract"); and WHEREAS, the Parties agree that closing will not occur within the allotted time according to the Exchange Contract and both parties desire to ratify the contract and to extend the time for closing; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows, effective as of the date of this Agreement: 1. Paragraph 9 of the Exchange Contract is hereby changed in its entirety to the following: 9. CLOSING PLACE AND DATE City shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida on or before August 18, 2023. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. Each party may exercise this extension independently. 2. Paragraph 15, part b of the Exchange Contract is hereby changed in its entirety to the following: 15. Property Condition b. [X] As Is With Right of Inspection: Each Grantee may, at its expense and to be completed by June 16, 2023 ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property it is acquiring as it deems necessary to determine suitability for its intended use. The other Party shall grant reasonable access to the Property to said Grantee, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Each Party will, upon reasonable notice, provide utilities services as may be available for Grantee's inspections and investigations. Each Party shall not engage in any activity that could result in a mechanics lien being filed against the Property without respective Grantor's prior written consent. Grantee may terminate this contract by written notice to the respective Grantor prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless the respective Grantor elects to repair or otherwise remedy such conditions to Grantee satisfaction, in its sole discretion. If this transaction does not close, Grantee agrees, at Grantee expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 3. All terms and conditions of the Exchange Contract not amended hereby shall remain in full force and effect. The Remainder of this Page Intentionally Left Blank Page 2 of 3 First Amendment to Contract for Exchange of Real Property by the City of Clearwater, Florida January 2023 Signature Page to Amendment of Contract for Exchange of Real Property BARNELL and SANDRA EVANS, husband and wife By: Print Name ga_vt e it E✓a, s By: Print Name S/in/iYe. Cu' 11 APPROVED BY City of Clearwater & EFFECTIVE this 911 day of Ibr`4'Y , 2023. rank Hibbard Mayor Approved as to form: David Margolis City Attorney First Amendment to Contract for Exchange of Real Property by the City of Clearwater, Florida January 2023 THE CITY OF CLEARWATER, FLORIDA By: JennifeMDoirrier Interim City Manager Attest: Page 3 of 3