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a ?/i6 - 0 !3 AMENDED AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AMENDED AGREEMENT TO PURCHASE AND SELL - REAL ESTATE ("Agreement" ) is made and entered into as of thedl �; wh 7day of " July , 2013 , by and between Indian River County , a political subdivision of the State of Florida ("County") , and William C . and Eva Z. Graves , IV, Husband and Wife, ("Sellers") , WHEREAS , the Parties entered into an Agreement to Purchase and Sell Real Estate on January 10 , 2008 (Agreement) for right-of--way and property for a pond site for the 6e Avenue South Improvement Project; and WHEREAS , the County has commenced construction of the road project and construction of the pond on Seller's property ; and WHEREAS , Paragraph 10 of the Agreement pertains to landscaping and fencing around the storm water pond on Seller's property; , and WHEREAS , the Parties agree to amend the Agreement to provide for changes in the fencing , irrigation , landscaping on the pond parcel and access road (driveway) on the Seller's property. NOW, THEREFORE , in consideration of the following mutual covenants and agreements , the Parties agree to amend the Agreement to Purchase and Sell Real Estate dated January 10, 2008 as follows . Now therefore , in consideration of the exchange of mutual consideration , the sufficiency of which is accepted , 1 . The above recitations are true and correct and incorporated by reference herein . 2 . Paragraph 10. Landscaping and Fencing the Pond is amended as follows: The County shall be responsible for the purchase and installation of a 6' high vinyl coated (black) chain link fence around the pond as depicted in Exhibit "A" attached and incorporated herein by reference. The County shall construct and install a new 20' wide (approx) 12" stabilized driveway that ties in with the existing driveway. The driveway shall also contain a 24' wide vinyl