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SEP 1 1999 Boa �r�l r,1`40 6 <br />AMENDMENT TO COVENANT TO CONSTRUCT CERTAIN <br />TIER MERE€igTS-i o RIEAL PROPERTY <br />WHEREAS, Medical Service Center Company (a Florida <br />general partnership), hereinafter Declarant, and Indian <br />River County, a political subdivision of the State of <br />Florida, entered into a Covenant to Construct Certain <br />Improvements to Real Property dated April 25, 1989; and <br />WHEREAS, that covenant in paragraph 6 provided <br />"This document shall not be amended in any way without the <br />express written joinder and consent of the Board of,..County <br />Commissioners of Indian River County, and of the Declarant, <br />and any such attempt to do so in violation of this provision <br />shall be null and void ab initio"; and <br />WHEREAS, paragraph 3 of the covenant contemplated <br />a contract for the construction of a turn lane being awarded <br />by the County, with the Declarant submitting funds to <br />compensation for 50% of the construction cost; and <br />WHEREAS, the parties now wish to modify the <br />Covenant to allow the Declarant, Medical Service Center <br />Company, to contract with Dennis L. Smith, Inc. and for the <br />County to compensate the contractor, Dennis L. Smith, Inc., <br />directly for 500 of the cost of construction, <br />NOW, THEREFORE, the County and the Declarant, on <br />behalf of itself and any and all successors in interest, <br />assigns, heirs and legal representatives, hereby agrees, <br />covenants and promises as follows: <br />1. The foregoing recitals are acknowledged and <br />ratified in their -entirety. <br />2. The Covenant To Construct a turn lane dated <br />April 25, 1989 is hereby amended so as to provide mutual <br />consent to the Declarant, Medical Service Center Company, <br />contracting with Dennis L. Smith, Inc. to perform <br />construction of the turn lane and to consent to direct <br />compensation from Indian River County to Dennis L. Smith, <br />Inc. for 50% of the cost of construction. <br />AGREED TO: <br />For MedVa,,f Service Center Company: <br />r=.Koeh f er <br />al Partner <br />Board of County Commissioners of <br />Indian River County, Florida <br />Gary O eeIer <br />Chairman <br />18 <br />9-•/I?-" <br />bate <br />