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=Y aoa � a13 ADDENDUM TO AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS ADDENDUM is hereby made a part of that certain Agreement to Purchase and Sell Real Estate between Indian River County, Florida, a political subdivision of the State of Florida ("County"), and Chester E. Wilcox, Jr. and Lynn R. Wilcox , co-Trustees of the Chester E. Wilcox Jr. Trust dated July 1 , 1998 ("Seller"), with respect to that certain property known as Wilcox - ROW #1 and Wilcox - ROW #2, located on 70`h Avenue (a.k.a.) Powerline Road), Vero Beach, Florida ("Property") 1 . The purchase price ("Purchase Price") for the Property shall be One Hundred Twenty- Eight Thousand Dollars and 00/100 Dollars ($ 128,000.00). 2. In the event County delivers notice to Seller concerning defects in title, pursuant to paragraph 3 .2 of the Agreement, Seller shall use its best efforts to cure the defects within the Curative Period ; however, Seller shall have no obligation to initiate or participate in litigation to cure title defects. 3 . Notwithstanding the provisions of paragraph 5 . 1 , in the event of a default by the County, the Seller shall be entitled to collect Ten Thousand and 00/100 Dollars ($ 10,000 .00) from the County as consideration for execution of this Agreement, removal of the property from the market for the period of time during which the Agreement is in effect, and in full settlement of any other claims by the Seller for either specific performance or damages against the County. 4. The following shall be added to and made a part of paragraph 8 .9 of the Agreement : "Indian River County shall have until June 29, 2006, to approve this Agreement ("Acceptance Date") . If Indian River County fails to execute this Agreement on or before the Acceptance Date, Seller shall have the right to terminate this Agreement, whereupon this Agreement shall be terminated, and neither party shall have any further obligation under this Agreement to the other party. " 5. Time is of the essence of this Agreement. This Agreement is made in the State of Florida and shall be governed by Florida law. This is the entire Agreement between the parties and may not be modified or amended except by a written document signed by both the Buyer and the Seller. This Agreement may be signed in more than one counterpart, in which case each counterpart shall constitute an original of this Agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine, or neuter as the context requires. The prevailing party in any litigation, arbitration, mediation, or appeal relating to this Agreement shall be entitled to recover its reasonable attorneys' fees from the other party for all matters. Indian River County, Florida, shall be the proper venue for any litigation involving this Agreement. This Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns . This Agreement is made in consideration of the mutual covenants and agreements stated herein, the Page 1 of 2