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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL <br /> COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as <br /> follows : <br /> 1 . The amount of $ 12 , 127 . 50 representing the warranty amount for <br /> the repaired curbing for an additional two years , ending October 21 , 2008 is <br /> acceptable . <br /> 2 . From the total amount of $ 135 , 387 . 50 held in escrow by the <br /> County, the amount of $ 123 ,260 . 00 can be returned to the Developer, with the <br /> amount of $ 12 , 127 . 50 remaining in escrow through October 21 , 2008 as <br /> warranty for the curbing . <br /> 3 . All other terms set out in the Cash Deposit and Escrow Agreement <br /> remain in full force and effect. <br /> IN WITNESS WHEREOF , the parties hereto have set their hands and <br /> seals on the day and year first above written . <br /> IRC DEVELOPMENT, L. L. C . , <br /> a Floricja limited liabili ompany <br /> By <br /> William J ims , Jr. ,/Wanager <br /> INDIAN RIVER COUNTY, FLORIDA <br /> by and through its Board of County <br /> Commissioners <br /> By: <br /> Gary C . heeler, Chairman <br /> BCC approved,%.' 041.0 /07••' „ <br /> ATTEST: J . K. Barton , Clerk of Court STATE OF FLORICh . <br /> INDIAN RIVER COUNO(, <br /> THIS IS TO CERTIFY THAT THIS IS <br /> By A'�- �� � �� A TRUE AND CORRECT COPY OF <br /> Deputy Clerk THE ORIGINAL ON FILE IN THIS <br /> OFFICE <br /> APPROVED AS TO FORM AND JEFFREYK. SARTON, CLERK <br /> LEGAL SUFFICIENCY: BY ,i �1N �GC =D7 � D. C. <br /> By: C.CJ � C� DATE y - •j U / <br /> William G . Collins II <br /> County Attorney <br /> 2 <br /> F:\Attorney\Nancy\DOCS\PLAN\modification cash deposit lakes at sandridge ph 1 .doc <br />