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ADDENDUM NUMBER ONE TO VACANT LAND CONTRACT
<br /> SELLER: Indian River County,a political subdivision of the State of Florida
<br /> BUYER: Sea Oaks Property Owners Association,Inc.
<br /> BROKERS: N/A
<br /> This Addendum Number One to Vacant Land Contract("Contract"), shall modify and amend the said Agreement
<br /> between the above parties in the following particulars,to wit:
<br /> SPECIAL CLAUSES:
<br /> 1. LEGAL DESCRIPTION OF PROPERTY AND ADDITIONAL TRANSFERS:
<br /> A. Seller agrees to sell,and Buyer agrees to purchase that certain real property depicted in Exhibit"A"
<br /> attached hereto,incorporated herein by this reference,consisting of approximately 2.41 acres.Seller
<br /> shall convey the real property by County Deed at closing and Buyer shall take title subject to that
<br /> Land Lease Agreement dated February 20, 2007 (Verizon Lease) between County and Verizon
<br /> Personal Communications LP d/b/a Verizon Wireless(Verizon)and that Tri-Party Lease Agreement
<br /> (Tri-Party Lease)between County, Verizon, and T-Mobile South LLC, dated December 8, 2007,
<br /> and also subject to an Easement Agreement between Buyer and Wireless EDGE Towers III,LLC.
<br /> B. In addition to the foregoing, Seller shall also transfer and assign to Buyer on the Closing Date the
<br /> following:
<br /> (i) Improvements. All of Seller's right, title, and interest in any improvements, buildings,
<br /> structures, and related equipment, wells, timber, natural growth vegetation, (hereinafter
<br /> referred to as the"Improvements")located in and on the Property;and
<br /> (ii) Tangible Personal Property. All of Seller's right, title, and interest in all fixtures,
<br /> equipment, machinery, systems, and other permanently affixed elements located on or
<br /> about the Property and Improvements or used in the operation and maintenance thereof,
<br /> (hereinafter the"Tangible Personal Property");and
<br /> (iii) Intangible Property. All of Seller's title and interest in all intangible property (the
<br /> "Intangible Property"), if any, pertaining to the Property, the Improvements, or the
<br /> Tangible Personal Property or the use thereof,including,without limitation,easements,oil,
<br /> gas and mineral interests, leases, all present and future use of wastewater, wastewater
<br /> capacity, drainage, drainage capacity, water, water capacity, or other utility facilities
<br /> relating to the Property and Improvements;all reservations of,commitments for,and letters
<br /> covering any such use,whether or not the same are being currently used to the fullest extent
<br /> available; approvals, licenses, authorizations, permits, and applications with or from
<br /> governmental authorities related to or benefiting the Property and the Improvements.
<br /> References to "Property" within this Contract shall be collectively deemed to include the real
<br /> property,the Improvements,Tangible Personal Property and Intangible Property referred to above.
<br /> C. The Seller agrees to close out any permits,whether expired or open,at the seller's expense prior to
<br /> closing relating to the property.
<br /> 2. SELLER REPRESENTATIONS:
<br /> A. Seller represents and warrants to the Buyer as follows:
<br /> (i) Seller has full power and authority to execute and deliver this Contract and to consummate
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