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HomeMy WebLinkAbout3rd Clsg Date Ext Agrmnt - Signed - 1-17-17 AGREEMENT REGARDING THIRD EXTENSION OF CLOSING DATE THIS AGREEMENT REGARDING THIRD EXTENSION OF CLOSING DATE(this "Agreement") is made and entered into as of the 16th day of January,2017 by and PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., a Florida non--prot:it corporation (hereinaller refericd to as the"Association"), and the CITY OF CAPE CANAVERAL,a political subdivision of the State of Florida(hereinafter referred to as"City"). RECITALS: A. Association and City entered into that certain,Agreement to Dedicate Roadway dated September 1.6,2016 (the"Original Dedication Agreement"); B. Association and City subsequently entered into that certain Agreement Regarding Extension of Closing Date executed on or about December 19, 2016 to effect an•e7tension of the closing date(the"First Extension"); . C. Association and City subsequehtly•entered into that certain Agreement Regarding Second Extension of Closing Date dated as of December 31,2016 to effect another extension of the closing date (the"Second Extension"). The Original Dedication Agreement together with the First Extension and Second Extension shall be hea-einafter, collectively,referred to as the "Dedication Agreement'; D. Association and City have agreed,as a matter of mutual convenience,to further extend the date of closing of the Dedication Agreement as provided herein. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Recitals; Defined Terms. The recitals set forth hereinabove are true and correct in all respects and are incorporated herein by reference as fully as if set forth herein verbatim. Whenever defined terms are used in this Agreement, as indicated by the initial capitalization thereof, such defined terms shall, if not otherwise defined in this Agreement,have the meaning set forth in the Dedication Agreement. 2. Extension of Closing Date. Paragraph 4(a) of the Dedication Agreement is hereby deleted and is restated in its entirety as follows: (a) Date. The closing of the conveyance of the Roadway from the Association to the City shall occur on or before February l6, 2017 (herein referred to as the "Closing Date"). The closing shall take place at a time, in a manner, and at a location as will be mutually agreed upon by the Association and the City. Page 1 of 2 V0345351.0 IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of; PUERTO DEL RIO CONDOMINIUM ASSOCIATION,INC,, a Florida non-profit corporation Name: ! �'f0_2t"z Title Date: l Pri tNa4ie:LbIllamr V CITY',OF CAPE CANAVERAL, a political subdivision of the State of Florida By:(() AU-V� Print Name: Name: 4 v,C11 . r-ee,76 }' Title: ` Date: Not Narnc: Page 2 of 2 V0345351,v 1