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This instrument prepared by <br /> and return to <br /> Bruce Barkett,Esq. <br /> Collins,Brown,Barkett, <br /> Garavaglia&Lawn,Chtd, <br /> 756 Beachland Blvd. <br /> Vero Beach,FL 32963 <br /> FIRST AMENDMENT TO DECLARATION OF <br /> RESTRICTIVE COVENANTS <br /> THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS <br /> is made by Windsor Properties, a Florida general partnership, ("Owner"), and is approved by the <br /> Board of County Commissioners of Indian River County, Florida ("County"). <br /> WITNESSETH: <br /> WHEREAS, Owner recorded that certain Declaration of Restrictive Covenants in favor <br /> of County on February 2, 2009, at Official Records Book 2317, Page 2223, Public Records of <br /> Indian River County, Florida ("Declaration"), with respect to certain property in Indian River <br /> County consisting of 8.93 acres, more or less, legally described on Exhibit "A" attached hereto <br /> and made a part hereof("Windsor Property"),- and <br /> WHEREAS, the Declaration restricted the Windsor Property to a residential density of <br /> one dwelling unit per acre; and <br /> WHEREAS, the subject property has been approved for development by Indian River <br /> County as the Windsor Beachside - Plat 27 - Phase II - Planned Development (the "PD"); and <br /> WHEREAS, Owner has applied to the County to amend the PD to add a second housing <br /> type, resulting in a modest increase in density; and <br /> WHEREAS, County has agreed, pursuant to the terms of the Declaration, to permit <br /> modification of the Declaration to permit residential density to be increased to up to 3 units per <br /> acre; <br /> NOW, THEREFORE, for and in consideration of the foregoing recitals, the Owner <br /> hereby agrees and declares, and the County hereby approves, the following First Amendment to <br /> Declaration of Restrictive Covenants: <br /> 1. The foregoing recitals are true and are incorporated herein by reference. <br /> 2. Section 2 of the Declaration is hereby amended to read in its entirety as follows: <br />