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PREPARED BY AND RETURN TO:
<br />j Catherine D. Reischmann, Esq.
<br />Garganese, Weiss & D'Agresta, P.A.
<br />111 N. Orange Ave., Suite 2000
<br />Orlando, FL 32801
<br />GRANT MALOY, SEMINOLE COUNTY
<br />CLERK O CIRC 9ITB 921-7 PagCOMPTROLLER
<br />1868-1371 (4PgS)
<br />CFN# 20112 hdevore
<br />REC: 0912412018 1:5935 50M by
<br />RECORDING FEES
<br />FIFTH AMENDMENT TO
<br />CITY OF CASSELBERRY ACQUISITION AGREEMENT
<br />AND OPTION TO PURCHASE
<br />This Fifth Amendment to Acquisition Agreement (the "Fifth Amendment") is entered into
<br />as of the I4-fi day ofG�l)a , 2018 (the "Effective Date"), by and between CASTO
<br />CASSELBERRY LLC,a Florida limited liability company ("Casto"), and the CITY OF
<br />CASSELBERRY, a Florida municipal corporation ("City") (with Casto and the City being
<br />collectively referred to as the "Parties" and sometimes referred to individually as a "Party").
<br />RECITALS:
<br />WHEREAS, the Parties entered into that certain Acquisition Agreement and Option to
<br />Purchase dated as of October 21, 2014, and recorded on October 30, 2014, in O.R. Book 8358,
<br />Page 5, Public Records of Seminole County, Florida, which was amended by First Amendment
<br />recorded on January 26, 2015 in O.R. Book 8402, Page 530, Public Records of Seminole County,
<br />Florida, and further amended by Second Amendment recorded on November 16, 2015, in O.R.
<br />Book 8583, Page 1702, Public Records of Seminole County, Florida and further amended by Third
<br />Amendment recorded on June 16, 2016, in O.R. Book 8708, Page 1473, Public Records of
<br />Seminole County, Florida, and further amended by Fourth Amendment recorded on August 24th,
<br />2016, in O.R. Book 8754, Page 813, Public Records of Seminole County, Florida (collectively,
<br />the "Agreement"); and
<br />WHEREAS, Casto has closed on both the South Village Commercial Parcel and the West
<br />Parcel and has an Option to acquire the only Commercial Parcel still remaining, North Village,
<br />which Option Casto is required to exercise on or before the expiration of the Agreement, and the
<br />City and Casto have agreed to extend the term of the Agreement and the date for Casto to exercise
<br />its Option as set forth herein.
<br />NOW, THEREFORE, in consideration of the premises and mutual covenants herein
<br />contained, the Parties agree as follows:
<br />The above Recitals are true and correct, are incorporated herein by reference and
<br />form a material part of this Fifth Amendment.
<br />
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