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AMENDMENT TO AGREEMENT TO PURCHASE, SELL AND LEASE REAL ESTATE BETWEEN RANDY AND LINDA KURPIL AND INDIAN RIVER COUNTY This Amendment to Agreement to Purchase, Sell and Lease Real Estate ("Amendment") is made and entered into the day of August, 2015 by and between Indian River County, political subdivision of the State of Florida ("County") and Randy and Linda Kurpil ("Sellers") who agree as follows: WHEREAS, the County and the Sellers entered into an Agreement to Purchase, Sell and Lease Real Estate on May 4, 2010; and WHEREAS, during the course of the 66th Avenue Improvement Project, the County had to increase the elevation to the east of the Kurpil property and construct a stormwater retention pond to the north of the Kurpil property; and WHEREAS, these changes in elevations may have affected historic drainage in and around the Kurpil property; and WHEREAS, the parties agree to amend the May 4, 2010 Agreement in order to address unforeseen problems associated with the 66th Avenue Improvement Project, NOW THEREFORE, in consideration of the mutual terms, conditions, promises and premises hereinafter, County and Sellers agree to amend the agreement as follows 1. The above recitals are affirmed as being true and correct and are incorporated herein. 2. The County or its subcontractor for the 66th Avenue Improvement Project will install a type "C" buffer as described and depicted in exhibit "A" attached along the 311 foot east side of the Kurpil property adjacent to 66th Avenue. Due to space constraints, the buffer may not span the full 15 foot width as depicted in the exhibit. The buffer will be planted on County property and shall be irrigated and maintained by the County. The approximately 104 shrubs (arbicola) will be planted 36 inches on center and approximately 16 trees (ligustrum) will be planted 20 feet on center. 1 322