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FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND LOST TREE PRESERVE, LLC FOR LOST TREE PRESERVE, PD FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS FIRST AMENDMENT ("Amendment") to Agreement between Indian River County, Florida and Lost Tree Preserve, LLC for Lost Tree Preserve, PD ("Agreement") is made and entered into this rd day of March 2020, by and between Indian River County ("County") and Lost Tree Preserve, L.L.C. ("Developer"). WITNESSETH WHEREAS, the County and Developer entered into the Agreement dated August 15, 2017; and WHEREAS, the Developer, in conjunction with the construction improvements at Lost Tree Preserve PD, is providing water and wastewater facilities to the subject property located at 4250 65TH STREET, and more specifically described in Exhibit "A" to the Agreement; and WHEREAS, the Agreement acknowledged a future addition to extend the 8 -inch water main on 65th Street from Old Dixie Highway to the western limits of Lost Tree Preserve PD; and WHEREAS, the County and Developer agreed that the Developer will pay 67% of the construction costs of the water main that abuts Developer property (Lost Tree Preserve PD) with the County responsible for the balance 33%; and WHEREAS, the County agrees to the upsizing of the water main on 65th Street from 8 -inch to 12 -inch; and NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the County and Developer agree as follows: 1. Paragraph 1.C. of the Agreement shall be amended to read as follows: C. Developer shall extend a 12 -inch diameter water main from the existing 12 -inch diameter water main on the northeast corner of 46th Dr and 651h St along the north side of 65th St approximately 4,260 feet to the northwest corner of 65th Street and Old Dixie Hwy. The County shall reimburse the Developer pursuant to the provisions of Section 201.11, of the Code, for funds advanced by Developer to oversize the off-site facilities. County shall reimburse Developer in accordance with Exhibit "D" attached hereto for oversizing the off- site water main. The actual reimbursement amounts shall be based on Exhibit "D" but in no event shall the County's cost share exceed $135,980.08. The reimbursements shall -Page 1 - BUTILITIEMUTILITY- ENGINEERINGIPROJECTS- UTILITY CONSTRUCTION PF,RMITS165TH ST OFFSITE WATER MAIN (HIGH POINTE SURD)- UCP K 34803DEVELOPER'S AGREENWNT ANE-NDMP.Nf2-13- 2020 DOC