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$EP 2 6, 1669 BOOK .78 2 ThjgthAmendment to' Developer Agreement made and entered this day of September , 1989, by and between GORDON S. NUTT, hereinafter referred to as "Developer", and INDIAN RIVER COUNTY,• a political subdivision of the State of Florida, hereinafter referred to as "County". WHEREAS, Developer and NORTH BEACH WATER COMPANY, hereinafter referred to as "North Beach", entered into that certain Developer Agreement dated February 20, 198-L; and WHEREAS, North Beach assigned its interest in the Developer Agreement to thel.County by an Assignment datied -April 25 , 198-&; and ' WHEREAS, Developer and County wish to amend the terms and conditions of said Developer Agreement; NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein contained and other good and valuable consideration', the receipt of which is acknowledged, the parties agree as follows: 1. Exhibit A to the Developer Agreement is amended by adding thereto the following property descriptions.: All that part of Government Lot 3 lying East of the centerline of Jungle Trail, Section 26, Township 31 South, Range 39 East, said land lying and being in Indian River County, Florida,* less and except the North 40 feet of said Government Lot 3, less and except the right-of-way of State Road S-510 and Jungle Trail; together with From the -Southeast corner of Government Lot 7, Section 26, Township 31 South, Range 39 East, run North 00 degrees 28 minutes 45 seconds West 84.56' feet to a point on the East right -of -tray of State Road A1A for the point of beginning, thence run North 31 degrees 08 minutes 17 seconds West along said East right-of-way line of State Road AlA a distance of 1449.14 feet to a point of intersection with the North line of the aforesaid Government Lot 7, run South 89 degrees 59 minutes 36 seconds East, along said North line of Government Lot 7 a distance of 664.50 feet, more or less,. to the mean high water line of the Atlantic Ocean, run South 32 degrees 37' minutes 40 seconds East along said mean high water mark a distance of 140.04 feet, more or less, to the East line of the aforesaid Government Lot 7, then run South 00 degrees 28 minutes 45 seconds East a distance of 1122.35 feet, more or less, to the point of beginning, being all that part of said Government Lot 7 lying East of East right--of-way of. State Road AIA. 2. Except as amended hereby, the terms and conditions of the Developer Agreement reml n in full force and effect. I! /� 611✓ Gor on Nu t INDIAN RIVER COUNTY C.GL'iG . i By: 9