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AMENDMENT TO ANNEXATION AGREEMENT _J "" 'J. ~.. I AMENDMENT TO ANNEXATION AGREEMENT THIS AMENDMENT made this /~ day of oel' 1976, to that certain annexation agreement dated the 24th day of June, 1975, by and between NORTHWOOD ESTATES, a co-partnership under the Florida Uniform Partnership Act, hereinafter called the First Party, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called the Second Party; WITNESSETH WHEREAS, the First and Second Parties entered into an annexation agreement which among other things provided in Paragraph 5 that the First Party would reserve a ten (10) acre site for school purposes; and WHEREAS, it has been ascertained that the location for the school site has been moved; and WHEREAS, the City Commission at a rezoning hearing held July 6, 1976, by motion requested that the agreement between the First and Second Parties be amended to reflect the changed location of the school site; and WHEREAS, the parties desire to amend the previous annexation agreement to reflect this change; NOW, THEREFORE, the parties covenant and agree as follows: 1. That Paragraph 5 of the certain annexation agreement dated June 24, 1975, is hereby amended to read as follows: "5. That with specific reference to the remaining 4.97 acres, it is understood and agreed that First Party has reserved a parcel of 10 acres, the same being identified as a portion of Tract I and more particularly identified and shown on Exhibit "A" attached hereto and made a part herein as if fully rewritten, for sale by First Party to the Pinellas County Board of Public Instruction (Board) for school purposes, and that First Party has agreed to hold said parcel for a period of three (3) years, within which time the Board shall determine whether or not to purchase the same. That First Party will, prior to June 26, -1- 04 -005-00 (3) -. I . I 1975, pay to Second Party the cash equivalent of the 4.97 acres, namely $49,700.00 and upon such payment the requirements of the ordinance regarding parklands shall have been met by First Party. Provided, however, that First Party does hereby grant to Second Party an option to purchase up to 4. 97 acres of land within the 10 acre parcel being reserved for the Board as hereinbefore referred to at a purchase price of $10,000.00 per acre under the following terms and conditions: A. In the event the Board purchases less than the 10 acre parcel, that portion remaining, or any part thereof, up to 4. 97 acres may be purchased by Second Party at a purchase price of $10,000.00 per acre. B. That First Party will within fifteen days after the Board makes a decision to purchase, or not to purchase, notify Second Party in writing of that decision. The notice shall be sent by United States Mail, or personally delivered to the City Manager, City of Clearwater, at his office in Clearwater, Florida, and shall specifically state the location and number of acres the Board has elected to purchase, and the location and number of acre s that are available for purchase by Second Party under the option herein provided for. C. That Second Party shall have sixty days from the date the City Manager receives the aforesaid notice, within which to elect to purchase and Second Party shall within said time notify First Party in writing of its election, stating the quantity of land Second Party desires to purchase. This notice shall be sent by United States mail, or personally delivered to the President of CFS Service Corporation at its offices in Clearwater, Florida, the mailing address being P. O. Box 4608, Clearwater, Florida 33518. -2- ... , ... ~. "- I D. Closing shall take place within forty five days following receipt of the written notice from Second Party and conveyance shall be by Warranty Deed and payment therefore shall be in cash. Taxes shall be prorated as of the date of closing. E. In the event the land purchased by Second Party as herein provided will not abut a street or road right-of-way as shown on the Comprehensive Land Uslt Plan ani thus would be inaccessible, then and in that event, First Party will, at the time of closing and at First Party's expense, furnish to Second Party a permanent easement for ingress and egress adequate for vehicular traffic. F. It is understood and agreed that in the event the Board purchases the entire 10 acre parcel that Second Party has no further rights hereunder. 11 2. Except as amended hereby, all the terms and provisions of the annexation agreement dated June 24, 1975, are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first set out above. Witnes ses: d~-7~- C1LQ.~ '--.L. As to N ( NOR THWOOD ESTA TES, A Co-Partnership. CFS SERVICE CORPORATION, a Florida corporati ~/~ A Partner Countersigned: ~~e"~ Mayor-Commission _ ..., CITY CPF Cf-.EARWAT ! I / I I B ) / " , \ / / Attest: -3- , . ' .' I I rI ,". .. " STA TE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day before me, an officer duly . qualified to take acknowledgments, personally appeared ~~ J;)... 'YY'\JiA..k."-(f---' President of CFS SERVICE CORPORATION, a Florida corporation, A Partner, and W~ w. &~ A Partner, of NORTHWOOD ESTATES, a Co-Partnership under the Florida Uniform Partnership Act, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and Sta te last afore- said this /S~day of ~u..J , A.D. 1976. My Commission Expires: /:4 . /,: , /, .. ~ i.; t~h~J~ .-.~. N ota:'6J Public. .::.... ._<; tJ. .... ,:~:,,::-- Notary Public, State of Florida at La,.. My COIT"";"i.:,," ~J:;"'ircs Aug. 19, 1978 Bonded by American Fire & (;asualfy ~ ST ATE OF FLORIDA COUNTY OF PINELLAS *Anthony L. Shoemaker I HEREBY CERTIFY, that on this , ~+n d~y of F~r.""ll;:!""Y . , A. D. 1971, before me personally appeared -Pie8~S;.-f~8'~~t Th:omas A. Bustin, R. G. Whitehead and Gabriel Cazares, respectively/efi~-Lf1aiIJ.ger, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, Florida, a municipal corporation, to me known to be the individuals and officers described in and who executed the foregoing instrument and severally acknowledged the execution thereof to be their free act and deed as such officers thereunt 0 duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said conveyance is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. ~ I J(a ., '. C ,,~~~~~ Notary P hc,"""'" _ My Commission Expires: Notary pubn~, Stal9 or Florida at l'3rge My Commission Expires Sept. 29, 1971 8~n~ bl Ameri,Cln fire" Caliualty Co. .:: -4- >.... l-" ~ ~~ t;~ ~~ h::~ ~ ~ I' I I J:IIIf' ~!r._. SECrrON 2S'I~WNSN'/P2.s sour..., RAN<4E I' EA&~ I I ... ". t S..R 580 / " ''-----..--. I I T...i7d r" ,- . / TWI$T ?or&'4/f ~- 4C Gross a ~ N Treel I / ( EO.sLf?<Jrc4/) :- S.4c. G,.oss '" ~ , , ... ... - -" ~ >l \J It) \ j J ? T...o'Cf ( .soufif s..~, : i 'j -\~ .... )<. t:. -, ~ \31 -~. .~ ~-'l. 3:::: 1:- ' ,Pb,y:41) Gross " I .. '. .'-'A-. 775",";_-' $;; .~~ ' i \ 'I '" ~; 1 ' \ " , , , . \ :~ JJ' ,....,..\ SCI-IOI!.)L \slr~ ~ ... .......... \ '\.- ." (~ 4~) ~"C1U .. ',- '\"- .~. \ ,~.., ~ :" , 1\ ~ .i:' ..I .JJ~ /, / . . " , .' ".0'\ ,. ~ 'I'~ Z , ~ .. 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CP. -v::~; ~ , \ ' \ , I 1 '" '~ '-- , : \ \ .~ ".:..) // :-t; -::r:- ..,~ !~~ ..!.. :t' ,Ii; TR4CT "G" ~ MINI"'!.t.I.;',1 LqI ~o' WIO'I.7 ::? C'o-."<!',-s 1:5' w/clrh @ s-el'bocK. /10' dept'-17 11:5' 010"9 .4h~po ~rop6"~l'y /Z:5' a/ons' CR IOZ f Cc",dmo~& Or. LLOVERAS, BAUR ~.vo STEVENS CON$Ut.rtNG .='NGINEE"HS - SURVEYORS (SRA,vADA PL.AZA 'S{/lrFNOIO~ $~~O v,s, I~ UI.lRTJI C""-AAWA reR, 'L.A. $~515 .-.-'/c.vE ?~4.j'''!5 N{/rnbe~ Or Lol's 165 7O-I'ol.4c-reoge (1'701' inc:/vdlnqScl1oo/ 5i7'~c) S44c:6'ross NORTJ.lWOOO eSTATes Tf?ACT"~. P/~eL/MINARY LAYOUT ~ ~: .dPRIt. IS; 1976 ~Q /OOt::6 OeSIGN ,37': J.":';. OI?4W.<1' 8Y: /"Vz