HomeMy WebLinkAbout2001-045n
This Amendment to Option Agreement for Sale and Purchase isentered into this
2plh_day of _ ryy , 2001, by and between INDIAN IUVER COUNTY, a
political subdivision of the State of Florida, as "Seller" and the BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, by
and through its agent, the Division of State Lands of the Florida Department of Environmental
Protection as "Purchaser."
WHEREAS, the parties hereto entered into an Option Agreement For Sale And Purchase
dated as of August 31, 2000, (the "Option Agreement"), for the conveyance of the real property
described in Exhibit "A" of the Option Agreetnent(the "Property); and
WHEREAS, in paragraph 16 of the Option Agreement, Seller warrants that there is legal
ingress and egress to the Property; and
WHEREAS, it has been detcrtrtined that the ingress and egress casement recorded at
Official Records Book 0776, page 1148, Public Record of Indian River County, Florida does not
touch or connect with the portion of tile property to which it was intended to provide ingress turd
egress; and
WHEREAS, a portion of the property does riot have lural ingress and eg ress; and
WHEREAS, the panics hereto wish to runcnd the Option Agreement to provide legal
ingress and egress to and from the Property, as was contemplated in the Caption Agreement.
NOW, THER1uh`O E, in consideration of tfae premises and the mutual covenants herein
contained, the parties agree as follows:
1. The legal description in Exhibit "A" attached to the Option Agreement shall be
amended prior to the exercise of the option in order to grant full rights of ingress and egress dor
public use over a portion of the lands described in Exhibit "B" attached to this Amendment and
over that certain easement recorded in Official Records Book 0776, page 1148, public Records
of Indian River County, Florida to that portion of the Property located on the west side of
Sebastian Creels, Said easement shall be 60 feet in width, and the parties shall mutually agree 4n
the location of said easement prior to the exercise of the option.
2. The following language will replace the language in paragraph 24 of the Option
Agreement:
"Phis Agreement contains the entire agreement between lire parties pertaining to the subject
matter contained in it and supersedes all prior and contemporaneous agreements,
representations and understandings of tire parties. No supplement, modification or amendment
to this Agreement shall be binding unless executed in writing by the parties. notwithstanding,
El
the foregoing, the parties acknowledge that the legal description contained in Exhibit "A" was
prepared based upon historic chain of title information, without the benefit of a current survey
of the Property. The parties agree that if, in the opinion of DSL, it becomes necessary to
.upend the legal description of the Property to correct errors, to more properly describe the
Property; to cut out portions of the Property affected by title defects unacceptable to Purchaser
or which cannot be dtnely cured by the Seller, or to otherwise revise the Legal description of
the Property, the legal description to be used in the Survey (if any) and in the closing
instrumcrnts required by this Agreement shall be revised by or at the direction of DSL, and
shall he subject to the final approval of DSL. Anything to the contrary hereinabove
notwithstanding, such a revision of the legal description of the Property shall not require a
written amendment to this Agreement. in such event, the Seller's execution and delivery of the
closing instruments containing the revised legal description and the Purchaser's acceptance of
said instruments and of this. final Survey (if any) containing the revised legal description shrill
constitute a full and complete ratification and acceptance of the revised legal description of the
Property by the parties.
Seller acknowledges that the Trustees have made various delegations of power for the purpose
of land acquisition, and not all representatives of the Trustees or the DSL have authority to act
in all situations. Consequently, this Agreement may be terminated by the Trustees only in
writing signed by the person or persons who signed this Agreement on behalf of the Trustees
or that person's successor."
3. The terhls, of this Amendment shall be binding; upon and inure to the benefit of the
parties hereto and their respective heirs, personal representatives, successors and assigns.
4. Except as expressly set forth herein, the Option Agreement shall remain in full force
and effect and is hereby ratified and confirmed as ofthe Amendment date.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on
the clay first above written.
JX BARTON
CLERK CIRCUIT couRT
ATTEST: _
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AfF l--tov D As TO ropW
MD L GAt 5Ui'Fl/ill l:uY,
By
Yh(It_LlAt r U.
DEPUTY COUNTY ATTOi41'GY
SELLER
INDIAN RIVER COUNTY, a political
subdivision of the State of Florida
Caroline D. Ginninan
Board ofCounty Commissioners
February 20, 2001
Date Signed by Seller