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PHASE I A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> AMENDMENTTO <br /> CASH DEPOSIT AND ESCROW AGREEMENT C�5O3 <br /> FOR <br /> RESTORATION <br /> 2611 - 103 . A . <br /> RE : WILD TURKEY SAND MINE <br /> SP -MA-07 -10 -34 ( 2004120019 -59695 ) <br /> THIS AMENDMENT is entered into this 4th day of May <br /> 2011 , by and between Wild Turkey Estates of Vero , L. L . C . , a Florida limited <br /> liability company ( Developer) , and INDIAN RIVER COUNTY , a political <br /> subdivision of the State of Florida ( County) : <br /> WITNESSETH : <br /> WHEREAS , on March 22 , 2011 Developer and County entered into <br /> a Cash Deposit and Escrow Agreement for Restoration of Phase 1 of the Wild <br /> Turkey Sand Mine and the Developer posted $ 83 , 867 . 74 cash in accordance <br /> with its engineer' s certified cost estimate ; and <br /> WHEREAS , a portion of the $ 83 , 867 . 74 posted security represents <br /> restoration of the Sebastian River Improvement District canal right- of-way ; and <br /> WHEREAS , Developer was also required to post security with <br /> Sebastian River Improvement District for restoration of ,the canal right-of-way ; <br /> and <br /> WHEREAS , a portion of the restoration security posted with County <br /> can be returned to Developer as it represents the restoration of the same canal <br /> right-of-way work which Sebastian River Improvement District is holding ; and <br /> WHEREAS , Developer' s engineer has submitted to the County the <br /> attached revised certified cost estimate which eliminates the duplicative canal <br /> right-of-way restoration work , <br /> NOW , THEREFORE , the Phase I Cash Deposit and Escrow <br /> Agreement For Restoration regarding Wild Turkey Sand Mine SP - MA- 07 - 10 - 34 <br /> -- -- (210041200=11-9 - 59695)—is--a m ended -As follows : 1 . . <br /> 1 . The Developer' s engineer' s revised certified cost estimate in <br /> the amount of $ 67 , 710 . 90 to restore Phase I of the Wild Turkey Sand Mine is <br /> sufficient and does not include any amounts for restoration of the Sebastian <br /> River Improvement District canal right- of-way . <br /> 2 . County will refund Developer the sum of Sixteen Thousand <br /> One Hundred Fifty- Six and 84/ 100 Dollars ( $ 16 , 156 . 84 ) which amount <br /> represents the restoration amount of the canal right-of-way ; and <br /> OR � L: TJ u /D 6 � <br /> I <br />