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PHASE 3 CASH DEPOSIT AND ESCROW AGREEMENT FOR COMPLIANCE AND RESTORATION RE: BLUE GOOSE SAND MINE, PHASE 3 (FORMERLY KNOWN AS RANCH ROAD LAKE SAND MINE) SP-MA-05-01-02 (PH3)(2004040371) THIS AGREEMENT is entered into this 4th day of October , 2016, by and between BAYTREE VENTURES, LLC, a Florida limited liability company (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH : WHEREAS, Developer is mining certain property within Indian River County and is required to post bonds insuring compliance with the. requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site; and WHEREAS, on August 18, 2015 County approved the Assignment of Cash Deposit and Escrow Agreement for Compliance and Restoration with regard to Ranch Road Lake Sand Mine, Phase 1, now known as Blue Goose Sand Mine; and the funds posted by Ranch Road Lake, L.L.C. under Phase 1 were assigned by the Chapter 7 Trustee in bankruptcy for Ranch Road Lake, L.L.C. to Baytree Ventues, LLC; those funds being in the amount of $70,290.00 in cash to insure compliance ($51,430.00) and restoration ($18,860.00) with the requirements of the approved mining site plan for Phase 1; and WHEREAS, Phase 1 was restored to the satisfaction of the County based on site inspection and the Developer is now desirous to move into Phase 3; and WHEREAS, Developer wishes to transfer the entire $70,290.00 cash being held by County, from Phase 1 to Phase 3, NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer agrees to the transfer of the entire $70,290.00 from Phase 1 to Phase 3; said sum shall continue to be held in escrow by the County Office of Management and Budget (Escrow Agent), but I