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aoo w _a qq <br />FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY <br />AND WOODSIDE TUSCANY, LLC FOR TUSCANY LAKES SUBDIVISION <br />This First Amendment to Agreement between Indian River County and Woodside <br />Tuscany, LLC ("First Amendment") is entered into effective AylL!§t 12 2008, by <br />and between Indian River County, a political subdivision of the State of Florida, <br />("County") and Woodside Tuscany, LLC, a Florida limited liability company <br />("Developer"). <br />BACKGROUND RECITALS <br />A. Effective January 3, 2006, the County and the Developer entered into the <br />Agreement between Indian River County and Woodside Tuscany, LLC for Tuscany <br />Lakes Subdivision ("Agreement"), <br />Be Thereafter, the County determined it did not require the Developer to construct a <br />16 -inch Diameter Master Planned Sanitary Force Main west long south side of 77th <br />Street from southeast corner of 58`h Avenue and 77th Street to west property line of the <br />Tuscany Lakes Subdivision, <br />C. During construction by the Developer of the Master -Planned 24 -inch water main <br />as required by the Agreement, it was mutually decided, based on field conditions, to <br />extend the alignment of the water main about 400 feet to the west side of the Humane <br />Society entrance drive to complete a loop with an existing 24" water main. The deletion <br />of the force main and addition of water main had the net effect of reducing by <br />$180,188.55 the County's total amount of reimbursement from a maximum amount of <br />$777,566.30 to $597,377.75. <br />D. The County and the Developer desire to amend the Agreement as set forth <br />herein. <br />NOW THEREFORE, for good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally <br />bound, covenant and agree to amend the Agreement as follows: <br />(1) The background recitals are true and correct and form a material part of <br />this First Amendment. <br />(2) From and after the effective date of this First Amendment, Paragraph 1A <br />of the Agreement is deleted in its entirety. <br />(3) From and after the effective date of this First Amendment, the last <br />sentence of Paragraph 1 B, "Reimbursement" is changed to read as follows: <br />"Reimbursement from the County shall not exceed the as -built amount of <br />$597,377.75 (Five hundred and ninety-seven thousand three hundred seventy-seven <br />dollars and seventy-five cents), payable as set forth hereinabove." <br />Attachment 1 <br />