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TO: The Board of County Commissioners <br />FROM: tL.t William G. Collins II — Deputy County Attorney <br />DATE: March 29, 2000 <br />SUBJECT: Modification to Agreement between City of Sebastian, Indian River <br />County, and Nelson Hyatt for Constructing Improvements to Barber <br />Street between FEC Railway and U.S. 1 <br />January 14, 1997 the aforementioned parties entered into an agreement for the <br />relocation of Barber Street between FEC Railway and U.S. 1. Nelson Hyatt <br />dedicated right-of-way at no cost in exchange for traffic impact fee credits to his <br />property in the Sebastian area. Mr. Hyatt recently contacted me and requested <br />that the agreement be modified so that the "Developer" in the agreement would <br />be identified not only as Nelson C. Hyatt but also as Marie Dolores Hyatt, his <br />wife. This modification is on the advice of his attorney for estate planning <br />purposes. His attorney confirms that Mrs. Hyatt has an interest in the property to <br />be benefited by the traffic impact fee credits in the agreement. <br />RECOMMENDATION: <br />Approve the attached Modification of the Agreement identifying not only Nelson <br />C. Hyatt, but also his wife Marie Dolores Hyatt as "Developer". <br />WGC/nhm <br />Attachment <br />ON MOTION by Vice Chairman Ginn, SECONDED BY <br />Commissioner Tippin, the Board unanimously approved the <br />proposed Modification of the Agreement identifying not only <br />Nelson C. Hyatt, but also his wife Marie Dolores Hyatt, as <br />"Developer", as recommended in the Memorandum. <br />April 11, 2000 <br />MODIFICATION TO AGREEMENT WILL BE ON FILE <br />IN THE OFFICE OF THE CLERK TO THE BOARD <br />WIZEN EXECUTED AND RECEIVED <br />13 <br />BOOK 11J PAGE 4 <br />