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FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS FIRST AMENDMENT to Purchase and Sale Real Estate ("Amendment") is made and entered into this 19 day of August , 2014 by and between Indian River County, a political subdivision of the State of Florida ("County") whose address is 1801 27th Street, Vero Beach, FL 32960 and Tom and Linda Winkel ("Seller"), whose address 6650 45th Street, Vero Beach, FL 32967, who agree as follows: WHEREAS, the County and Seller entered into Agreement for the Purchase and Sale of Real Estate (Agreement) on May 4, 2010; and WHEREAS, pursuant to that agreement the County completed the purchase of the real estate subject to the agreement and is in the midst of constructing the improvements to 66th Avenue and to 45th Street adjacent to Sellers property; and WHEREAS, the parties desire to amend the terms of their Agreement to their mutual satisfaction, NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, County and Seller agree as follows: 1 Recital. The above recitals are affirmed as being true and correct and are incorporated herein. 2. The County's contractor, Dickerson of Florida, Inc. shall undertake the following work as described in the Agreement but now modified in this Amendment: a. The contractor shall add additional fill to the west side of the pond sufficient to allow a riding garden tractor/lawnmower sufficient room for mowing and maintenance. Additional fill shall be added to the west side of the pond to complete shaping of the pond. The contractor will take care in adding the additional fill to the pond taking into account the koi fish currently found in the pond. The Contractor shall use Best Management Practices in performing this work. b. The remainder of the will be partially reshaped and will be graded to a 4:1 slope above the water line and sodded by the contractor. c. Construct the new driveway at the entrance to the Winkel drive as well as reinstall the pond overflow pipe and regrade drainage swale along south side of the said property in accordance with the contract documents and the intersection improvements at 67th Avenue and 45th Street (completed) as shown on the construction plans d. The contractor shall culvert the existing drainage swale within the western portion of the Seller's property. Culverting this drainage swale shall be done in conjunction with permission from the St. Johns River Management District. e. The Contractor shall move the fence currently installed within the 50 -foot 67th Avenue easement to a point outside of the easement. 1