HomeMy WebLinkAboutDVA 07-001 INCOM Properties 31, Inc. - 01A
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FIItST AMENDMENT TO DVA #07-001 DEVELOPMENT AGREEMENT BETWEEN
BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND
INCOM PROPERTIES 31, INC., KING'S CENTER
This First Amendment dated the~~ day of , 2011 to that certain
Development Agreement #07-001 by and between ST. LUCI COUNTY, a political subdivision
of the State of Florida (the "Board"), and INCOM PROPERTIES 31, INC. (the "Developer").
Development Agreement #07-001 is hereby amended as follows:
1. "GRAND BANK & TRUST OF FLORIDA" is hereby substituted for "INCOM
PROPERTIES 31, INC." in the opening paragraph of the Agreement.
2. Paragraph 2(a) is deleted in full and amended as follows:
The land that is the subject of this Agreement is described in the attached Exhibit
«A„
The owner of legal and equitable title to the Property is GRAND BANK &
TRUST OF FLORIDA (hereafter "GRAND BANK").
3. Paragraph 5 is deleted in full and amended as follows:
Within ninety (90) days from the Effective Date of this Amended Agreement, the
Developer agrees to dedicate and convey to the Board a 3.079 acre strip of land
for right-of--way purposes as shown on Exhibit "B". The conveyance shall be by
general warranty deed in recordable form and shall be free and clear of all liens
and encumbrances. At least fifteen (15) days prior to the conveyance, the
Developer, at the Developer's expense, shall deliver the following to the Board:
a. Commitment for title insurance showing that the Owner has marketable
title to the right-of--way parcel. Within forty-five (45) days after the
closing, the Developer shall deliver a title policy to the County consistent
with the commitment naming the County as the insured.
b. Sealed survey certified to the Board showing no encroachments.
i. Phase I Environmental Audit certified to the Board showing no
evidence of hazardous waste contamination on the right-of--way
parcel.
ii. Beneficial Interest Affidavit, if required.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3620872 08122/2011 at 02:45 PM
OR BOOK 3317 PAGE 2173 - 2174 Doc Type: AGR
RECORDING: $18.50
4. Except as amended herein, the remaining terms and conditions of Development
Agreement #07-001 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused the execution of this
Agreement by their duly authorized officials as of this day of 2011.
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Print ame: ~~ ~ ~ - ~
Print Name: DARYL LYON
ATTEST:
GRAND BANK & TRUST OF FLORIDA
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BOARD OF
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COMMISSIONERS
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