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KEVIN M. BARRY"" <br />BROOKE M. BENZIO <br />JUSTIN W MCCONNELL <br />CHELSEA A. MILLER <br />TIFFANY STARR PADGETT <br />BRADLEY W ROSSWAY <br />STEPHEN J LACEY, LLM-TAXATION** <br />OF COUNSEL <br />ROSSWAY SWAN <br />TIERNEY BARRY <br />ATTORNEYS AND COUNSELORS AT LA\V <br />ROSSWAY SWAN TIERNEY BARRY, P.L. <br />THE MODERN ONE BUILDING <br />2101 INDIAN RIVER BOULEVARD, SUITE 200 <br />VERO BEACH, FLORIDA 32960 <br />TELEPHONE: 772.231.4440 <br />FACSIMILE: 772.231.4430 <br />WWW.VEROBEACHLAWYERS COM <br />August 26, 2015 <br />VIA COURIER <br />Indian River County <br />Division of Utility Services <br />ATTN: Vincent Burke, P.E., Utilities Director <br />1801 27"' Street <br />Bldg. A — First Floor <br />Vero Beach, Florida 32960 <br />R17;2 `r' c: <br />AUG 2 7 2015 <br />cout4-'=,t?OLt\it c <br />HELEN E. SCOTT <br />JASON D SLATER`* <br />R. BLAKE SMITH <br />MICHAEL) SWAN <br />THOMAS W TIERNEY" <br />EDWARD P SWAN <br />(1927-2012) <br />• BY APPOINTMENT ONLY <br />ALSO ADMITTED IN CALIFORNIA <br />ALSO ADMITTED IN GFORG IA. AND VIRGINIA <br />""' ALSO ADMITTED IN MASSACHUSETTS & NEW YORK <br />RE: Assignment of Hawk's Nest Associates, LTD Agreement with Indian River County for the <br />Delivery and Use of Reclaimed Water upon Sale (the "IRC Agreement") to The Moorings Club, <br />Inc. <br />Dear Mr. Burke: <br />In connection with the above -referenced matter, this firm represents The Moorings Club, Inc. This letter is <br />written to provide you with notice pursuant to Section 6A of the IRC Agreement that our client is entering into an Asset <br />Purchase Agreement ("Purchase Agreement"), with Hawk's Nest Associates, LTD, as the Seller, and The Moorings <br />Club, Inc., as the Buyer, for the purchase of the Hawk's Nest property and assets. <br />Additionally, pursuant to the terms of the IRC Agreement, a copy of which is enclosed, our client has agreed to <br />accept, upon the closing of the transaction contemplated by the Purchase Agreement, an assignment of the IRC <br />Agreement from the Seller as evidenced by the enclosed Assignment of Agreement, Assumption by Assignee, and <br />Acknowledgement (the "Assignment Documents"). <br />Please acknowledge receipt of this Notice by executing the Acknowledgement and Assignment (Page 3 of the <br />Assignment Document), and return same to me at your earliest convenience. A self-addressed stamped envelope has <br />been provided. If you have any questions, please contact me at 772-231-4440. <br />KMB:dm <br />cc• Joseph A. Baird <br />Steve Bessin <br />Tom Davidson <br />Steve Henderson <br />Joan Lewick <br />Gerald Stanley <br />Sincerely, <br />Kevin M. Barry <br />*MELBOURNE • VERO BEACH • CORAL GABLES* <br />COUNTY Ulf, <br />The foregoing instrument was acknowledged before ne thisao+ day of t E , 2015, by <br />len_C 100 h ns V/ es i e r— - of HAWK'S NEST GOLF <br />CLUB, INC., a Florida corporation, as successor in interest to HAWK'S NEST ASSOCIATES, LTD, <br />Said party has produced a current driver's license as identification. <br />NOTARY PUBLIC, State of <br />Page 1 of3 <br />JEENAL VIKI SHAY <br />NOTARY PUBLIC OF NEW JERSEY <br />MY COMMISSION DRIES APR& 12, 2018 <br />248 <br />249 <br />