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SECOND AMENDMENT to AGREEMENT <br /> between <br /> INDIAN RIVER COUNTY <br /> and <br /> INDIAN RIVER ASSOCIATES II , LLLP <br /> WHEREAS , INDIAN RIVER COUNTY ( County) entered into a developer' s <br /> agreement with INDIAN RIVER ASSOCIATES II , LLLP ( Developer) on August 10 , 2004 , <br /> concerning Falcon Trace Development ; and <br /> WHEREAS , the original agreement dated August 10 , 2004 , was amended due to <br /> Hurricanes Francis and Jeanne so that the time for conveyance of properties between the <br /> parties was extended until December 15 , 2004 . <br /> WHEREAS , part of the agreement called for the County to release " Murphy Deed " <br /> reservations to parcels of property located on Developer' s property in exchange for the <br /> Developer granting a like amount of property to the County to be used as right-of-way ; and <br /> WHEREAS , as a result of a title search and prior to any conveyance of real property <br /> between the parties , it was discovered that the County had previously released these <br /> " Murphy Deed " reservations ; and <br /> WHEREAS , the Developer' s agreement must be amended to reflect the correct <br /> property exchange and purchase . <br /> NOW , THEREFORE , in consideration of the following mutual covenants and <br /> agreements INDIAN RIVER COUNTY , FLORIDA and INDIAN RIVER ASSOCIATES II , <br /> LLLP agree as follows : <br /> A . The Developer' s Agreement dated August 6 , 2004 is amended as follows : <br /> J :\Land\Indian River County Project Files\Falcon Trace\Agencies\IRC\Developer's Agreement\1 -25-05 Falcon Trace 2nd amended <br /> agreementl .doc <br />