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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 15 day ofseptemba15 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. The <br />approximately 104 shrubs (arbicola) will be planted 36 inches on center and <br />approximately 16 trees (ligustrum) will be planted 20 feet on center. <br />1 <br />