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<br />ADDENDUM TO VACANT LAND CONTRACT <br /> <br />/í) T.his Addendum is made to the Vacant Land Contract dated <br />({)e.,F / V ,2005, between CASSELBERRY INVESTMENT PROPERTIES, <br />LTD., a Flòrida limited partnership, ("Seller") and CITY OF CASSELBERRY, FLORIDA, <br />("Buyer"), concerning the property described on Exhibit "A" attached hereto, (the <br />·Contract") . <br /> <br />WHEREAS, the Buyer and Seller agree to make the following terms and conditions <br />part of the Contract: <br /> <br />1. SELLER shall fully comply with the provisions of Section 286.23, Florida <br />Statutes, by executing and delivery at Closing an Affidavit in the form of the Affidavit in the <br />form of the Affidavit of Interest in Real Property - Florida Statute 286,23(2), a copy of which <br />is attached hereto as Exhibit "2," <br /> <br />2. If SELLER is a limited partnership, at the same time that SELLER submits <br />the Closing documents required by this Agreement, SELLER shall also submitthe following <br />to the BUYER: <br /> <br />a. Resolution which authorizes the sale of the Property to Buyer in <br />accordance with the provisions of this Agreement and a certificate of incumbency, <br /> <br />b, Certificates of good standing from the Secretary of State of the State <br />of Florida and the appropriate authority for any other applicable State, <br /> <br />c. Affidavit of Partnership which shall be recorded upon the public <br />records of Seminole County, stating the names of the general partners then existing <br />and the authority of any general partner to execute a conveyance of the property; <br />and <br /> <br />d. Copy of proposed opinion of counsel as required below. <br /> <br />3. If SELLER is a corporation, as a material inducement to BUYER entering into <br />this Agreement and to consummate the transaction contemplated herein, SELLER <br />covenants, represents and warrants to BUYER as follows: <br /> <br />a, The execution of this Agreement and the performance by it of various <br />terms and conditions hereof, including, without limitation, the execution of all <br />agreements, notices and other documents hereunder, have been duly authorized <br />by the requisite corporate authority of SELLER, and <br /> <br />b. SELLER is a corporation duly organized, validly existing and in good <br />standing under the laws of a State of the United States and is duly licensed and in <br />good standing and qualified to own real property in the State of Florida, and <br />