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This Instrument Prepared By And To Be Returned To: R. Mason Blake, Esquire DEAN MEAD 7380 Murrell Road, Suite 200 Melbourne, Florida 32940 (321) 259-8900 AGREEMENT TO CLARIFY ACCESS AND OTHER RIGHTS UNDER 1980 AGREEMENT THIS AGREEMENT TO CLARIFY ACCESS AND OTHER RIGHTS UNDER 1980 AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into the 1 4th day August, 2018 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and FLORIDA INSTITUTE OF TECHNOLOGY, INC., a Florida corporation not for profit (hereinafter referred to as "Florida Tech"). WITNESSETH: WHEREAS, County is the owner of that certain real property located in Indian River County, Florida, as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred to as the "County Parcel"); WHEREAS, Florida Tech is the owner of that certain tract of real property adjacent to the County Parcel and located in Indian River County, Florida, as more particularly described in Exhibit `B", attached hereto and incorporated herein by reference (hereinafter referred to as the "Florida Tech Parcel "); WHEREAS, County and Florida Tech entered into that certain Agreement dated June 25, 1980 (hereinafter referred to as the "1980 Agreement") under the terms of which County agreed to provide Florida Tech access at all times to the Florida Tech Parcel over a portion of the County Parcel and Florida Tech agreed to grant the general public access over a portion of the Florida Tech Parcel; WHEREAS, County and Florida Tech desire to enter into this Agreement for the purpose, among other things, of clarifying the access rights granted to Florida Tech under the 1980 Agreement by providing for the extension of the right-of-way of 46th Place over portions of the Florida Tech Property and the County Property (which in addition to providing access to the Florida Tech Property will provide improved access to the County Property), and clarifying the easement rights created in favor of the public under the 1980 Agreement; WHEREAS, County and Florida Tech desire to terminate the 1980 Agreement because the easement provisions thereunder will be superseded by the provisions of this instrument. 02073544.v2