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ADDENDUM TO AGREEMENT TO PURCHASE AND SALE REAL ESTATE <br /> BY AND BETWEEN EXHIBIT <br /> INDIAN RIVER COUNTY, AS BUYER <br /> AND <br /> SDGR, LLC , AS SELLER <br /> This Addendum is entered into by and between Indian River County ("County") and SDGR, <br /> LLC (" Seller") and is hereby made a part of that Agreement To Purchase And Sale Real Estate <br /> between County and Seller made of even date herewith ("Agreement") . <br /> 1 . County and Seller agree that Seller ' s obligation to close is hereby expressly <br /> conditioned and contingent upon County ' s approval , prior to closing, of that Petition <br /> For Abandonment of Publicly Dedicated Rights-of-Way And Easements For Alleys <br /> (" Petition for Abandonment") submitted by Indian River County Public Works <br /> Department . A copy of the Petition for Abandonment is attached hereto as Exhibit <br /> "A" . After approval of the resolution of abandonment , Seller shall pay recording fees <br /> for the resolution . County shall be responsible for all other application and <br /> processing fees for the Petition for Abandonment . <br /> 2 , Notwithstanding Section 8 . 6 of the Agreement, in the event of any claim or <br /> controversy arising from or out of the Agreement or this Addendum thereto , the <br /> prevailing party shall be entitled to recover attorney ' s fees and costs from the party <br /> not prevailing . <br /> 3 . The terms and conditions of this Addendum shall be binding upon the parties and <br /> shall be made a part of the Agreement . Except as modified herein, the Agreement <br /> shall remain in full force and effect . <br /> 4 . This Agreement may be executed in any number of duplicate originals and any such <br /> duplicate original shall be deemed to constitute one and the same instrument. <br /> SELLER : <br /> SDGR, LLC , a Florida limited INDIAN RIVER COUNTY , FLORIDA <br /> liability company BOARD OF COUNTY COMMISSIONERS <br /> By : By _ <br /> /Greeld, Gen . gr . Wesley S . Davis, Chairman <br /> Date igned ! r / Date Signed : April 21 2009 <br /> Approved as to form a d leg of lei cy : Attest : J . K . Barton, Clerk <br /> t By : ��C�e •,- � �� o. , - -By : <br /> Wi liam K . beBraal Deputy Clerk <br /> Deputy County Attorney <br /> Date Signed : April 21 , 2009 <br /> Indian River County Board of County <br /> Commissioners : <br /> By : <br /> J seph A . air , County Administrator <br />