HomeMy WebLinkAboutEmergency Item by City Attorney - First Amendment to Purchase and Sale AgreementEMERGENCY ITEM
BY: CITY ATTORNEY
AND JOINT INSTRUCTIONS
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT
INSTRUCTIONS (this "Amendment") is made and entered into as of June 17, 2019, by and
between the CITY OF OCOEE, FLORIDA, a Florida municipal corporation in its capacity as the
owner of certain real property and the Seller under the Agreement (as hereinafter defined) and not
in its capacity as a governmental entity with jurisdiction over the subject real property ClSjelier'%
and MERITAGE HOMES OF FLORIDA, INC., a Florida corporation ("Buser").
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RECITALS
A. Seller and Buyer are parties to that certain Purchase and Sale Agreement and Joint
instructions dated March 19,2019 (the "Agatment").
B. Seller and Buyer desire to amend and supplement the Agreement in accordance
with and as provided in this Amendment.
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NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Defined Terms. Initially capitalized terms used and not otherwise defined herein
have the meanings given such terms in the Agreement.
2. Due Diliggnce Termination Date. Upon the full execution and delivery of this
Amendment, Buyer shall be deemed to have delivered, and Seller shall be deemed to have
received, the Notice of Intent to Proceed pursuant to Section 4.1.
3. Exhibit "A-2". Exhibit "A-T' to the Agreement is hereby replaced in its entirety
with the Exhibit "A-2" attached to this Amendment. Seller and Buyer shall continue to work
together in good faith to agree upon a metes and bounds legal description for the Land Parcel
consistent with the depiction of the Land Parcel on Exhibit "A-2" to this Amendment, and once
such description has been agreed upon, the parties will memorialize their agreement by an
amendment to the Agreement. If Buyer and Seller have not been able to memorialize such
agreement on or before June 24, 2019, then Buyer will have the right to terminate the Agreement,
in which event the Deposit shall be immediately returned to Buyer.
4. Miscellaneous. This Amendment may be executed in counterparts and the
signature pages combined to constitute one document. Facsimile and electronic signatures shall
be deemed to have the same force and effect as original signatures. This Amendment shall govern
in the event of conflict with the Agreement. The Agreement, as amended hereby, is ratified and
reaffirmed, constitutes the binding obligation of the parties, and remains in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
set forth above.
SELLER:
CITY OF OCOEE, FLORIDA, a
Florida municipal corporation
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Attest:
Rusty Johnson, Mayor
Melanie Sibbitt, City Clerk
Date: June —, 2019
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, APPROVED AS TO
FORM AND LEGALITY THIS DAY
OF .2019.
SHUFFIELD, LOWMAN AND WILSON, P.A.
City Attorney
BUYER:
MERITAGE HOMES OF FLORIDA, INC.,
a Florida co oration
By:
Print Name:- fSUA,1 I&Trte
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Date: June Jam, 2019
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EXHIBIT "A 2"
DEPICTION OF OVERALL PARCEL SELLER RETAINED PARCEL
AND LAND PARCEL
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Exhibit "A-2" Page 1
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