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AMENDMENT TO INFRASTUCTURE FUNDING AGREEMENT
THIS AMENDMENT TO INFRASTRUCTRE FUNDING AGREEMENT
(‘Amendment”) is made and entered into as of the day of
, 2015, by and between 32531 | Realty Partners, LLC d/b/a
Bel Aire Terrace Apartments (“‘Realty Partners [") and 32531 Il Realty Partners,
LLC a/k/a Bel Aire Heights (‘Realty Partners II") and Okaloosa County, Florida
(the “County”).
RECITALS
A Realty Partners | and Realty Partners Il entered into that certain
Infrastructure Funding Agreement ("Agreement") dated as of February 6th, 2007
which Agreement provided, in part, for certain capacity to be reserved for the
Crestview North and Crestview South properties, as more particularly described
in the Agreement.
B. Realty Partners I, Realty Partners Il and the County desire o
extend the time of vesting of such capacities, and modify and amend certain
terms and provisions of the Agreement, as hereinafter set forth.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Realty Partners |, Realty Partners Il and the County agree
as follows:
1. Recitals. The Recitals to this Amendment are true and correct and
are hereby incorporated by reference and made a part hereof.
2. Defined Terms. Any defined terms utilized herein but not defined in
this Amendment shall have the meaning subscribed to said terms in the
Agreement.
3. Capacity To Be Reserved. Section 4.7 of the Agreement is
amended by deleting the first sentence of the last paragraph, and replacing it
with the following: “These trips will be vested for a period of fifteen (15) years
from the effective date of this Agreement.”
4. Notices. Section 6.3 of the Agreement is amended to replace the
notice addresses for Realty Partners | and Realty Partners |l with the following:
To Realty Partners |
and Realty Partners Il: 1831 S.W. 7" Avenue
Pompano Beach, FL 33602
Attn: Karl Davis
With a copy to: Frank, Weinberg & Black, P.L.
7805 S.W. 6" Court
Plantation, FL 33324
Attn: Steven W. Deutsch, Esq.
5. Ratification. Except as herein modified, the parties hereby ratify
and reaffirm all of the terms and provisions of the Agreement. To the extent of
any conflict between the terms and provisions of the Agreement and this
Amendment, the terms and provisions of this Amendment shall control.
8. Counterparts. This Amendment may be executed in counterparts
by the parties hereto and each of them considered an original as far as the
parties are concerned but together said counterparts shall comprise only one
agreement.
[Signatures appear on following page]
IN WITNESS WHEREOF, Realty Partners [, Realty Partners |l and the
County have caused this Amendment to be executed as of the date and year first
above.
Signed, sealed, and delivered
in the presence of:
Print Name:
Print Name:
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Amendment {Execution)
Okaloosa County, Florida,
a political subdivision of the State of
Florida
By:
Name:
Title: Chairman
Date Executed: , 2015
32531 | Realty Partners, LLC,
a Florida limited liability company
By: W
Name: Karl Davis
Title: Manager
Date Executed: Qee. S/ , 2014
32531 Il Realty Partners, LLC,
a Florida limited liability company
By: M
Name: Karl Davis
Title: Manager
Date Executed: hu 5( , 2014
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