HomeMy WebLinkAbout2019-208STATE OF FLORIDA
INDIAN RIVER COUNTY
FIRST AMENDMENT TO THE AGREEMENT TO PURCHASE AND SELL
REAL ESTATE
THIS FIRST AMENDMENT TO THE AGREEMENT TO PURCHASE AND SELL
REAL ESTATE (this "Amendment") is made and entered into as of this 17th day of
December , 2019, by and between PREMIER CITRUS, LLC, a Florida limited liability
company, ("Seller"), and INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, ("Buyer").
Recitals:
WHEREAS, Seller and Buyer entered into that certain Agreement to Purchase and Sell
Real Estate approved on November 26, 2019, (the "Agreement"), regarding real property located
in Indian River County, Florida as described more completely in Exhibit "A" of the Agreement;
and
WHEREAS, Seller and Buyer have agreed to amend the Agreement in accordance with the
terms and conditions hereof.
Amendment to Agreement:
NOW, THEREFORE, in consideration of the premises, the mutual covenants contained
herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of which
are hereby acknowledged, Seller and Buyer, intending to be legally bound, do hereby covenant
and agree as follows:
A. Recitals. The recitals set forth above are true and correct in all respects and form
an integral part of this Amendment.
B. Definitions. Capitalized terms which are defined in the Agreement and which are
not otherwise defined herein shall have the same meanings herein as are ascribed to such terms in
the Agreement.
C. Amendment of Section 7. The Agreement is hereby amended by deleting the
reference to "within 45 days following the Effective Date of this Agreement" in subparagraph 7.1
of the Agreement and inserting in lieu thereof the following: "on or before January 17, 2020".
E. Governing Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of Florida.
F. Paragraph Headings. The paragraph headings herein have been inserted for
convenience of reference only and shall in no way modify or restrict any of the terms or provisions
hereof.
G. Ratification. The terms and provisions set forth in this Amendment shall modify
and supersede all inconsistent terms and provisions set forth in the Agreement. Except as revised
herein, the Agreement remains unmodified. As modified herein, the Agreement is ratified and
confirmed in all respects, and shall continue in full force and effect.
H. Multiple Counterparts. This Amendment may be executed simultaneously in two
or more counterparts, each of which shall be deemed an original and all of which together shall
constitute one instrument.
I. Electronic Si natures. Except as provided in this Paragraph below, this
Amendment, and any further amendments to the Agreement, may be executed only by hand -
signatures; however, any such signatures may be transmitted by facsimile or email, and any such
electronic transmissions of the signatures shall be deemed to constitute originals. Except as
expressly provided in this Paragraph to the contrary, neither the Electronic Signatures in Global
and National Commerce Act nor any parallel, corresponding or similar state law or regulation shall
apply to the execution of this Amendment or any further amendment to the
Agreement. Notwithstanding the foregoing provisions of this Paragraph, the ratification of this
Amendment by any of the Authorized Officers, Representatives, or Agents on behalf of Seller or
Buyer may be accomplished by electronic signature using DocuSign or other similar technology.
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2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment by and
through their respective duly authorized representatives as of the day and year first above written.
SELLER:
PREMIER CITRUS, LLC
a Florida limited liability company
BUYER:
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY CO1vI .jTV0 ONEI,�,••
Name: iiia / t Pr % r K (K S f-, Naf
Title: rns�dec,f Tit
Date Signed:
Witnessed by:
"ffax'19�nl "
Witnessed by:
Prin ed Name: L a M A 0%. v'Ji
Approved for
Jason
Approved as to form
And legal sufficiency:
illiam K. DeBraal
Deputy County Attorney
n Adams
rman
Date Approved: December 17, 2 D•�' —C r pIl'l
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
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