FIRST AMENDMENT TO PARCEL F DEVELOPMENT AGREEMENT
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Prepared by and return to:
Xxx X. Xxxxxx, Esq.
P. O. Xxx 000
Xxxxx XX 00000
FIRST AMENDMENT TO PARCEL F DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO PARCEL F DEVELOPMENT AGREEMENT (this "First Amendment") is made as of the 11th day of March, 2005, by and among, PARCEL F, LLC, a Florida limited liability company, formerly known as Innisbrook F, LLC ("Parcel F Purchaser") and GOLF HOST RESORTS, INC., a Colorado corporation ("Golf Host") and is consented to by GOLF TRUST OF AMERICA, L.P., a Delaware limited partnership ("GTA").
THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts,
- A.
- The
parties entered into the Parcel F Development Agreement recorded in OR Book 13469, Page 480 of the Public Records of Pinellas County, Florida (the "Development Agreement").
- B.
- The
exhibit attached as Exhibit E to the Development Agreement depicting Mill Ridge Road was a temporary exhibit and the parties desire to substitute a corrected
Exhibit E.
- C.
- The legal description for the Parcel F Access Road attached as Exhibit F to the Development Agreement contained a scrivener's error and the parties desire to correct the scrivener's error.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration the receipt of which and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
0. Xxxx Xxxxx Xxxx. Exhibit E to the Development Agreement is deleted in its entirety and Exhibit E to this Amendment [U.S. Surveyor dated November 18, 2004] is inserted as Exhibit E to the Development Agreement. The parties agree that the legal description contained in revised Exhibit E is a general description of Mill Ridge Road and in the event of any discrepancy between the legal description contained in Exhibit E and the actual physical location of Mill Ridge Road, the physical location of Mill Ridge Road controls.
2. Parcel F Access Road Legal Description. Exhibit F to the Development Agreement is deleted in its entirety and Exhibit F to this Amendment [King Engineering dated March 11, 2005] is inserted as Exhibit F to the Development Agreement.
3. Full Force and Effect. Except as expressly provided herein, all other terms and conditions of the Development Agreement remain the same and in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written.
| SIGNED, SEALED AND DELIVERED in the Presence of: |
PARCEL F, LLC, a Florida limited liability corporation, formerly known as Innisbrook F, LLC | |||
By: |
/s/ XXXXX XXXXXX |
|||
| Print Name: | |
Name: Xxxxx Xxxxxx Its: Member |
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| Print Name: | |
|||
GOLF HOST RESORTS, LLC, a Colorado corporation, formerly Golf Host Resorts, Inc. |
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By: |
/s/ XXXXXX XXXXXX |
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| Print Name: | |
Name: Xxxxxx Xxxxxx Its: Vice President |
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| Print Name: | |
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The undersigned hereby consents to this Agreement, subject to and in accordance with, the terms of this First Amendment and all of the exhibits thereto.
| GOLF TRUST OF AMERICA, L.P., a Delaware limited partnership | ||||
SIGNED, SEALED AND DELIVERED in the Presence of: |
By: |
GTA GP, INC., a Maryland corporation |
||
By: |
/s/ W. XXXXXXX XXXXX, XX |
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| Print Name: | |
Name: W. Xxxxxxx Xxxxx, XX Its: President and CEO |
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| Print Name: | |
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0
XXXXX
XX XXXXXXX
XXXXXX XX XXXXXXXXXXXX
The foregoing instrument was acknowledged before me this 5th day of April, 2005, by Xxxxxx X. Xxxxxx, as member of PARCEL F, LLC, formerly known as Innisbrook F, LLC, a Florida limited liability corporation, on behalf of the company. He/she is personally known to me.
| Print Name: | Notary Public |
|
| My Commission Expires: | |
|
(NOTARY SEAL) |
4
STATE
OF Georgia
COUNTY OF Xxxx
The foregoing instrument was acknowledged before me this 13th day of April, 2005, by Xxxxxx Xxxxxx, as Vice President of GOLF HOST RESORTS, LLC, a Colorado corporation, on behalf of the corporation. He/she is personally known to me.
| Print Name: | Notary Public |
|
| My Commission Expires: | |
|
(NOTARY SEAL) |
0
XXXXX
XX XXXXX XXXXXXXX
XXXXXX XX XXXXXXXXXX
The foregoing instrument was acknowledged before me this 11th day of March, 2005, by W. Xxxxxxx Xxxxx, XX, as President and CEO of GTA GP, INC., the general partner of GOLF TRUST OF AMERICA, L.P., a Delaware limited partnership, on behalf of the partnership. He/she is personally known to me.
| Print Name: | Notary Public |
|
| My Commission Expires: | |
|
(NOTARY SEAL) |
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