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n This Amendment to Option Agreement for Sale and Purchase isentered into this 2plh_day of _ ryy , 2001, by and between INDIAN IUVER COUNTY, a political subdivision of the State of Florida, as "Seller" and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, by and through its agent, the Division of State Lands of the Florida Department of Environmental Protection as "Purchaser." WHEREAS, the parties hereto entered into an Option Agreement For Sale And Purchase dated as of August 31, 2000, (the "Option Agreement"), for the conveyance of the real property described in Exhibit "A" of the Option Agreetnent(the "Property); and WHEREAS, in paragraph 16 of the Option Agreement, Seller warrants that there is legal ingress and egress to the Property; and WHEREAS, it has been detcrtrtined that the ingress and egress casement recorded at Official Records Book 0776, page 1148, Public Record of Indian River County, Florida does not touch or connect with the portion of tile property to which it was intended to provide ingress turd egress; and WHEREAS, a portion of the property does riot have lural ingress and eg ress; and WHEREAS, the panics hereto wish to runcnd the Option Agreement to provide legal ingress and egress to and from the Property, as was contemplated in the Caption Agreement. NOW, THER1uh`O E, in consideration of tfae premises and the mutual covenants herein contained, the parties agree as follows: 1. The legal description in Exhibit "A" attached to the Option Agreement shall be amended prior to the exercise of the option in order to grant full rights of ingress and egress dor public use over a portion of the lands described in Exhibit "B" attached to this Amendment and over that certain easement recorded in Official Records Book 0776, page 1148, public Records of Indian River County, Florida to that portion of the Property located on the west side of Sebastian Creels, Said easement shall be 60 feet in width, and the parties shall mutually agree 4n the location of said easement prior to the exercise of the option. 2. The following language will replace the language in paragraph 24 of the Option Agreement: "Phis Agreement contains the entire agreement between lire parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of tire parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. notwithstanding,