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(16W AMENDED AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> THIS AMENDED AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> ("Agreement") is made and entered into as of the I k#h day of J...,L , 2013, by <br /> and between Indian River County,' a political subdivision of the State of Florida <br /> ("County"), and William C. and Eva Z. Graves, IV, Husband and Wife, ("Sellers"), <br /> WHEREAS, the Parties entered into an Agreement to Purchase and Sell Real <br /> Estate on January 10, 2008 (Agreement) for right-of-way and property for a pond site for <br /> the 66th Avenue South Improvement Project; and <br /> WHEREAS, the County has commenced construction of the road project and <br /> construction of the pond on Seller's property; and <br /> WHEREAS, Paragraph 10 of the Agreement pertains to landscaping and fencing <br /> around the storm water pond on Seller's property;.and <br /> (W WHEREAS, the Parties agree to amend the Agreement to provide for changes in <br /> the fencing, irrigation, landscaping on the pond parcel and access road (driveway) on <br /> the Seller's property. <br /> NOW, THEREFORE, in consideration of the following mutual covenants and <br /> agreements, the Parties agree to amend the Agreement to Purchase and Sell Real <br /> Estate dated January 10, 2008 as follows: <br /> Now therefore, in consideration of the exchange of mutual consideration, the <br /> sufficiency of which is accepted, <br /> 1. The above recitations are true and correct and incorporated by reference herein. <br /> 2. Paragraph 10. Landscaping and Fencing the Pond is amended as follows: <br /> The County shall be responsible for the purchase and installation of a 6' high vinyl <br /> coated (black) chain link fence around the pond as depicted in Exhibit "A° attached and <br /> incorporated herein by reference. <br /> The County shall construct and install a new 20' wide (approx) 12" stabilized driveway <br /> that ties in with the existing driveway. The driveway shall also contain a 24' wide vinyl <br /> 46 <br />