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FOURTH AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY

THIS FOURTH AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE OF this Amendment is made as of April 5 2012 by and between THE CITY OF WINTER HAVEN a Florida municipal corporation Seller and LANDINGS WH PARTNERS

REAL PROPERTY

LLC

a

Florida limited

liability company Buyer
WITNESSETH

WHEREAS Buyer and Seller entered into that certain Agreement for Sale and Purchase of Real Property effective as of March 17 2011 as amended by that certain First Amendment on August 15 2011 as further amended by that certain Second Amendment on August 22 2011 as further amended by that certain Developer s Agreement dated October 19 2011 as further amended by that certain Third Amendment on January 27 2012 collectively the Purchase Agreement for the purchase by Buyer of that certain real property owned by Seller and located in Winter Haven Polk County Florida as more particularly described in the Purchase Agreement the Property and
WHEREAS Buyer and Seller desire
to further amend

the Purchase
are

closing
for the

of 33

acres

of land that is

adjacent

to the lands

that

the

Agreement to provide for the subject of the Interim Closing and
as

Buyer to continue to draft a Declaration for submittal to the Seller Agreement and the Developer s Agreement entered into on October 19 2011
NOW THEREFORE for and in consideration of the
and for other
covenants and

defined in the Purchase

agreements

set

forth herein
are

good

and valuable

consideration
as

the

receipt

and

sufficiency

of which

hereby

acknowledged Buyer
1

and Seller agree

follows

The above recitals

are

hereby incorporated

into herein and form

a

factual basis for

entering into this Fourth Amendment
2 Except as modified by this Fourth Amendment all other provisions of the Purchase Agreement shall remain in full force and effect and the parties hereto will be bound and perform in accordance with the terms of the Purchase Agreement and this Fourth Amendment 3
more

Interim Closing Post

particularly

described and
on

reference shall

occur on or

A closing on the purchase and sale of the 33 1 acres of land as depicted in Exhibit A attached hereto which is incorporated by before May 5 2012 Failure of Buyer to close on the purchase of the lands

described and
Purchase

depicted Agreement

Exhibit A attached hereto shall constitute

a

material default under the

Declaration of Covenants Conditions and Restrictions The Buyer shall have until May a draft Declaration of Covenants Conditions and Restrictions which shall burden all the lands that are the subject of the Purchase Agreement to the Seller for review and comments s comments where Thereafter the Buyer shall finalize the Declaration incorporating the Seller or entities that commercially reasonable to do so and obtain all necessary signatures of all individuals and an interest in the lands that are the subject of this Purchase Agreement have Buyer shall be may
4

5 2012

to

submit

responsible

to record the

Declaration in the

public records

of Polk

County Florida

Choice of Law and Venue This Amendment shall be construed and 5 laws of the State of Florida without giving effect to principles of conflict of

interpreted

under the

laws except where

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specifically preempted by

litigation

federal law Seller and Buyer agree that the proper venue with respect to any in connection with this Amendment shall be in the State Courts in and for Polk County Florida

6 Amendments No amendment change or modification of this Amendment shall be valid unless in writing and signed by the party against whom enforcement of the change is sought

of and shall be

Binding Effect All of the terms and provisions contained herein shall inure to the benefit binding upon the parties hereto and their respective heirs legal representatives successors and assigns Any capitalized terms not defined herein shall have the meanings assigned to them in the Purchase Agreement
8 Waiver No waiver of a breach of any provision of this Amendment shall constitute waiver of any preceding or succeeding breach of the same or any other provision hereof
a

7

9 Counterparts This Amendment may be executed in multiple counterparts each of which shall constitute an original hereof but all of which when taken together shall constitute but one and the same document such Delivery by a party hereto of a facsimile of this Amendment executed

by

shall constitute

party

delivery by such party of an original hereof

IN WITNESS WHEREOF Seller and Buyer have caused this Fourth Amendment to be executed under seal by officers duly authorized thereunto as of the day and year first above written SELLER

Signed sealed

and delivered

in the presence of
A

CITY OF WINTER VEN FLORIDA a Florida munici 1 rpoi

BY
Name
Its

P J

7
owe11

Commissioner Mayor

rothy

R Jo

on

ity

Clerk

Approved

as

to

legal

corre

d form

s a oved Appr
By

t substance

r

hs

Frederick J

Murphy Jr C

ey

Name Dale L Smith

Its

City Manager

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DEVELOPER
LANDINGS WH
a

Florida limited

PARTNERS LLC liability company

By
Name J
Its

Saylor Pursell Jr
Member

Managing

TRIREME DEVELOPMENT CORPORATION Delaware

a

corporation
r

By
Name J Its

1G
President

p kk
Jr

Taylor Pursell

Signed sealed

and delivered

in the presence of

Print Narne

Print Name

3
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EXHIBIT A

Description
hat part of Lot t

of Post Interim

Closing Property

11 Brady s Subdivision

Palk
26

County Florida

East Polk County Florida described

as recorded in Plat Book 2 and located in the Southeast 1 4 of Section 32

as

follows

Page 115 public records of Township 28 South Range

Right

COMMENCE at the Northeast corner of said Lot 11 also being the Northeast corner of the Southeast 114 of said Section 32 thence South 00117 36 East along the East line of said Lot 11 and the East line of said Southeast 00 feet to the south right of 4 a distance of 40 I way line for State Road 540 Cypress Gardens as shown State on of Florida Road Boulevard Department
of

Way Map
four

Section

following

courses

2601 thence along said 16660 02 West a distance 42 1 South 89

south

65 feet thence South 45 1747 East a distance of 483 42 feet to the thence North 00 36 West along said east line a distance of 17

BEGINNING 2 thence continue South 89 02 West a 42 beginning of a curve concave to the southeast and having a radius of 43 25 feet 3 thence along said curve to the left through a central angle of 90 00 an arc distance of 67 94 feet chord 17 feet chord bearing 61 South 44 02 West 4 thence South 00 42 58 East a distance of 17 00 feet thence North 89 12 02 East a distance of 0 42 42 feet thence South 00 57 East a 17 distance of 1 75 feet thence North 44142 02 East a distance of 42 43 feet thence North 02 East parallel with and 27 42 89 00 feet distant from said south right of way line a distance of
line of said Lot 11 00 feet to the POINT OF 57
east

right of way line for the of 50 00 feet to the POINT OF distance of 500 82 feet to the

BEGINNING

l A
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E

IT A

Depiction

of Post Interim

Closing Property

See attached

2 A
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