AMENDMENT TO ANNEXATION AGREEMENT
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AMENDMENT TO ANNEXATION AGREEMENT
THIS AMENDMENT made this
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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,
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04 -005-00 (3)
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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.
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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:
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NOR THWOOD ESTA TES, A Co-Partnership.
CFS SERVICE CORPORATION, a Florida
corporati
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A Partner
Countersigned:
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Mayor-Commission _
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CITY CPF Cf-.EARWAT
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Attest:
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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:
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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.
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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.
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NORTJ.lWOOO eSTATes Tf?ACT"~.
P/~eL/MINARY LAYOUT ~
~: .dPRIt. IS; 1976 ~Q /OOt::6
OeSIGN ,37': J.":';. OI?4W.<1' 8Y: /"Vz