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PHASE 3 <br />CASH DEPOSIT AND ESCROW AGREEMENT <br />FOR <br />COMPLIANCE AND RESTORATION <br />RE: BLUE GOOSE SAND MINE, PHASE 3 <br />(FORMERLY KNOWN AS RANCH ROAD LAKE SAND MINE) <br />SP -MA -05-01-02 (PH3)(2004040371) <br />THIS AGREEMENT is entered into this day of , <br />2016, by and between BAYTREE VENTURES, LLC, a Florida limited liability <br />company (Developer), and INDIAN RIVER COUNTY, a political subdivision of <br />the State of Florida (County): <br />WITNESSETH: <br />WHEREAS, Developer is mining certain property within Indian <br />River County and is required to post bonds insuring compliance with the, <br />requirements of the approved mining site plan; Indian River County Code <br />Section 934.07; and restoration of the site; and <br />WHEREAS, on August 18, 2015 County approved the Assignment <br />of Cash Deposit and Escrow Agreement for Compliance and Restoration with <br />regard to Ranch Road Lake Sand Mine, Phase 1, now known as Blue Goose <br />Sand Mine; and the funds posted by Ranch Road Lake, L.L.C. under Phase 1 <br />were assigned by the Chapter 7 Trustee in bankruptcy for Ranch Road Lake, <br />L.L.C. to Baytree Ventues, LLC; those funds being in the amount of $70,290.00 <br />in cash to insure compliance ($51,430.00) and restoration ($18,860.00) with the <br />requirements of the approved mining site plan for Phase 1; and <br />WHEREAS, Phase 1 was restored to the satisfaction of the County <br />based on site inspection and the Developer is now desirous to move into Phase <br />3; and <br />WHEREAS, Developer wishes to transfer the entire $70,290.00 <br />cash being held by County, from Phase 1 to Phase 3, <br />NOW, THEREFORE, in consideration of the agreements, <br />promises, and covenants set forth herein, and other good and valuable <br />considerations, the parties hereto agree as follows: <br />1. The Developer agrees to the transfer of the entire $70,290.00 <br />from Phase 1 to Phase 3; said sum shall continue to be held in escrow by the <br />County Office of Management and Budget (Escrow Agent), but <br />39 <br />