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3120180075989 RECORDED IN THE PUBLIC RECORDS OF COUNTY ATTORNEY'S OFFICE JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY INDIAN RIVER COUNTY FL 1801 27th Street BK: 3171 PG: 1385 Page 1 of 4 12/182018 4:24 PM Wto Qeach, Florida 32960 FIRST AMENDMENT TO REVISED AND RESTATED JOINT FIBER OPTICS PROJECT INTERLOCAL AGREEMENT This First Amendment to Revised and Restated Joint Fiber Optics Project Interlocal Agreement is entered into this 17 day of December, 2018, by and among the School Board of Indian River County, Florida ("School District"), Indian River County ("County"), and the City of Vero Beach ("City"). The School District, County and City are also referred to individually herein as a "Member" and collectively as "Members." WHEREAS, in 2015, the City, School Board and County entered into the Revised and Restated Joint Fiber Optics Project Interlocal Agreement, recorded in Book 2901, Page 1151 of the Public Records of Indian River County ("Consortium Agreement"); and WHEREAS, the City is selling its electric utility to Florida Power and Light Company ("FPL"); WHEREAS, as part of the sale, the Members are entering into the Linear Facilities Pole Attachment Agreement Between City of Vero Beach, Florida, Indian River County, Florida, School Board of Indian River County, Florida, and Florida Power & Light Company ("Pole Attachment Agreement"); and WHEREAS, the Members wish to clarify the responsibilities under the Pole Attachment Agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members agree as follows: Section 1. The above recitals are true and correct. Section 2. Any pole attachment fees, costs of corrections or other charges owed to FPL as set forth in the Pole Attachment Agreement shall be paid by the Members who own the Wireline, as that term is defined in the Pole Attachment Agreement, that is attached to the FPL pole, pursuant to their percentage of fiber ownership, regardless of the percentage of Member usage of the fiber. effect. Section 3. All other terms of the Consortium Agreement shall remain in full force and [Signature Pages Follow.]