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- I 3 - P C'S -- , <br /> r L, f 1 <br /> f � � <br /> AMENDMENT TO AGREEMENT TO PURCHASE, SELL AND LEASE <br /> REAL ESTATE BETWEEN RANDY AND LINDA KURPIL AND INDIAN RIVER COUNTY <br /> This Amendment to Agreement to Purchase, Sell and Lease Real Estate ("Amendment") <br /> is made and entered into the day of March, 2015 by and between Indian River County, <br /> political subdivision of the State of Florida ("County") and Randy and Linda Kurpil ("Sellers") who <br /> agree as follows: <br /> WHEREAS, the County and the Sellers entered into an Agreement to Purchase, Sell and <br /> Lease Real Estate on May 4, 2010; and <br /> WHEREAS, during the course of the 66th Avenue Improvement Project, the County had <br /> to increase the elevation to the east of the Kurpil property and construct a stormwater retention <br /> pond to the north of the Kurpil property; and <br /> WHEREAS, these changes in elevations may have affected historic drainage in and <br /> around the Kurpil property; and <br /> WHEREAS, the parties agree to amend the May 4, 2010 Agreement in order to address <br /> unforeseen problems associated with the 66th Avenue Improvement Project, <br /> NOW THEREFORE, in consideration of the mutual terms, conditions, promises and <br /> premises hereinafter, County and Sellers agree to amend the agreement as follows: <br /> 1. The above recitals are affirmed as being true and correct and are incorporated herein. <br /> 2. The County or its subcontractor for the 66th Avenue Improvement Project will install a <br /> type "C" buffer as described and depicted in exhibit "A" attached along the 311 foot <br /> east side of the Kurpil property adjacent to 66th Avenue. Due to space constraints, the <br /> buffer may not span the full 15 foot width as depicted in the exhibit. The buffer will be <br /> planted on County property and shall be irrigated and maintained by the County. <br /> 3. The County has inspected the fence that was taken down prior to beginning of the <br /> project for solidness and found it to be in unsatisfactory condition and unable to be re- <br /> installed. The County or its contractor will replace and install a three board wooden <br /> 1 <br /> 207 <br />