HomeMy WebLinkAbout2014-114FIRST AMENDMENT TO AGREEMENT FOR
PURCHASE AND SALE OF REAL ESTATE
THIS FIRST AMENDMENT to Purchase and Sale Real Estate ("Amendment") is made and
entered into this 19 day of August , 2014 by and between Indian River County, a political
subdivision of the State of Florida ("County") whose address is 1801 27th Street, Vero Beach, FL
32960 and Tom and Linda Winkel ("Seller"), whose address 6650 45th Street, Vero Beach, FL 32967,
who agree as follows:
WHEREAS, the County and Seller entered into Agreement for the Purchase and Sale of Real
Estate (Agreement) on May 4, 2010; and
WHEREAS, pursuant to that agreement the County completed the purchase of the real estate
subject to the agreement and is in the midst of constructing the improvements to 66th Avenue and to
45th Street adjacent to Sellers property; and
WHEREAS, the parties desire to amend the terms of their Agreement to their mutual
satisfaction,
NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants
and premises hereinafter, County and Seller agree as follows:
1 Recital. The above recitals are affirmed as being true and correct and are incorporated
herein.
2. The County's contractor, Dickerson of Florida, Inc. shall undertake the following work as
described in the Agreement but now modified in this Amendment:
a. The contractor shall add additional fill to the west side of the pond sufficient to allow a
riding garden tractor/lawnmower sufficient room for mowing and maintenance.
Additional fill shall be added to the west side of the pond to complete shaping of the
pond. The contractor will take care in adding the additional fill to the pond taking into
account the koi fish currently found in the pond. The Contractor shall use Best
Management Practices in performing this work.
b. The remainder of the will be partially reshaped and will be graded to a 4:1 slope above
the water line and sodded by the contractor.
c. Construct the new driveway at the entrance to the Winkel drive as well as reinstall the
pond overflow pipe and regrade drainage swale along south side of the said property in
accordance with the contract documents and the intersection improvements at 67th
Avenue and 45th Street (completed) as shown on the construction plans
d. The contractor shall culvert the existing drainage swale within the western portion of the
Seller's property. Culverting this drainage swale shall be done in conjunction with
permission from the St. Johns River Management District.
e. The Contractor shall move the fence currently installed within the 50 -foot 67th Avenue
easement to a point outside of the easement.
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f. Any permits necessary for relocation of the fence shall be done in Sellers name only.
g.
For the above described work, the County shall be responsible for payment to its
contractor for the work performed for items within this Amendment.
h. In exchange the above amendments, Sellers agree to waive any and all other work
shown on figure "A" property sketch attached to the May 4, 2010 Agreement.
i The County shall be responsible for installation of the landscape buffers as well as the
replacement fencing along 66th Avenue and 45th Street as it relates to sellers property
as described in the Contract Landscape plans along 66th Ave. and 45th Street.
J.
The County shall not be liable for any work performed by its Contractor on the Winkel
property.
k. Except as specifically as amended herein, the original of May 4, 2010 shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have approved and executed this Amendment to
become effective as of the day and year first above written.
"COUNTY" "SELLERS"
BOARD OF COUNTY COMMISSIONERS •,•.
INDIAN RIVER COUNTY, FLORIDA`VY.con�;/ss.
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Date BCC Approved:
tf s Tbr Winkel
•
August 19, "20-AJT
Linda Winkel
Attest: Jeffrey R. Smith, Clerk of Cou
And Comptroller
By:
Deputy Clerk
Approved:
County Administrator
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Approved as to form and legal
William K. DeBraal,
Deputy County Attorney
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EXHIBIT "A"
WINKEL PROPERTY
ITEM # DESCRIPTION QUANTITY UNIT
ROADWAY
1 EMBANKMENT (POND) 100 C.Y.
2 EMBANKMENT (6' MAINT. AREA 66TH AV.) 200 C.Y.
3 EMBANKMENT (OVER PIPE) 115 C.Y.
4 GRADING POND SLOPES 600 LF.
5 18" RCP 295 LF
6 LOWER 20 L.F. 18" CMP 1 L.S.
7 MES 18" 4 EA
8 TYPE "C" DBI 2 EA
9 SOD (BAHIA) 2,000 S/Y
10 SOD (ST. AUGUSTINE) 1,333 S/Y
11 FISH PROTECTION 1 L/S
12 GRADING WEST PROPERTY 1,700 S/Y
13 GRADING NORTH SWALE 280 L.F.
14 GRADE EXIT. SWALE (BAMBOO AREA) 140 L.F.
15 REMOVE EXISTING WOOD FENCE 120 L.F.
16 INSTALL EXISTING WOOD FENCE 80 L.F.
17 INSTALL NEW WOOD FENCE 360 L.F.
TOTAL
WORK TO BE COMPLETED IN LIEU OF THE PURCHASE AND SALE REAL ESTATE
AMENDMENrW ENTERED INTO THIS 30TH DAY OF JULY 2014.
E NDA WINKELb)/P-f
TOM WINKEL
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7/29/2014 EX WORK.xlsx WINKEL