06-1686 Land Swap and Credit Agreement with C.F.E., LLC

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Lxh. b,t. " Ii Prepared by and return to: Catherine D, Reischmann, Esq, 1001 Heathrow Park Lane, Ste. 4001 Lake Mary, FL 32746 FIRST AMENDMENT TO LAND SWAP AND CREDIT AGREEMENT (: This Amendment to Land Swap and Credit Agreement dated this J ;,if day of ':f-t0'-<-- .2006, is made between the CITY OF CASSELBERRY, a Florida municipal ~rporation, whose address is 95 Triplet Lake Drive, Casselberry, Florida, 32707 (hereinafter '''City'') and C.F.E., LLC, a Florida limited liability company, whose address is 740 Central Parkway, Ste. 2032, Longwood, FL 32750 (hereinafter "CFE"). WITNE SSETH: Ii ~ WHEREAS, the City and CFE entered into that certain Land Swap and Credit f~" Agreement, dated June 27,2005, to facilitate the extension of Winter Park Drive North and ~ t" Jh~ c ,If j., construct a driveway connection onto CFE's property; and WHEREAS, the City and CFE desire to amend said agreement to extend the date that the City Commission will approve and award a construction contract. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. as follows: Paragraph 5 of said Land Swap and Credit Agreement is hereby amended to read 5. The City Commission will approve the award of a construction contract for the realignment of North Winter Park Drive no later than December 31, 2006. In the event the CITY does not award a construction contract for the realignment of North Winter Park Drive on or before December 31, 2006, then the CITY shall deed the property described in Exhibit "A" back to CFE, and CFE shall simultaneously deed the property described in Exhibit "C" back to the CITY. The ~ shall bear Jheir .owtrcosts for said reconveyance. e;l/ j.l, "- it'lL 2. Except as herein modified, all terms and conditions of the original Agreement aforesaid shall remain in full force and effect for the term of this Agreement, as originally set forth in said Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year set below their signature.