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aoo - a qq FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY AND WOODSIDE TUSCANY, LLC FOR TUSCANY LAKES SUBDIVISION This First Amendment to Agreement between Indian River County and Woodside Tuscany , LLC ( " First Amendment") is entered into effective AylL!§t 12 2008 , by and between Indian River County , a political subdivision of the State of Florida , ("County") and Woodside Tuscany, LLC , a Florida limited liability company (" Developer") . BACKGROUND RECITALS A . Effective January 3 , 2006 , the County and the Developer entered into the Agreement between Indian River County and Woodside Tuscany, LLC for Tuscany Lakes Subdivision ("Agreement") , Be Thereafter, the County determined it did not require the Developer to construct a 16-inch Diameter Master Planned Sanitary Force Main west long south side of 77th Street from southeast corner of 58`h Avenue and 77th Street to west property line of the Tuscany Lakes Subdivision . C . During construction by the Developer of the Master-Planned 24 -inch water main as required by the Agreement , it was mutually decided , based on field conditions , to extend the alignment of the water main about 400 feet to the west side of the Humane Society entrance drive to complete a loop with an existing 24" water main . The deletion of the force main and addition of water main had the net effect of reducing by $ 180 , 188 . 55 the County's total amount of reimbursement from a maximum amount of $777 , 566 . 30 to $ 597 , 377 . 75 . D . The County and the Developer desire to amend the Agreement as set forth herein . NOW THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , the parties hereto , intending to be legally bound , covenant and agree to amend the Agreement as follows : ( 1 ) The background recitals are true and correct and form a material part of this First Amendment. (2) From and after the effective date of this First Amendment, Paragraph 1A of the Agreement is deleted in its entirety. (3) From and after the effective date of this First Amendment, the last sentence of Paragraph 1 B , " Reimbursement" is changed to read as follows : " Reimbursement from the County shall not exceed the as- built amount of $ 597 , 377 . 75 ( Five hundred and ninety-seven thousand three hundred seventy-seven dollars and seventy-five cents) , payable as set forth hereinabove . " Attachment 1