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
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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:
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