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THIRD MODIFICATION TO LEASE <br /> This Third Modification to Lease ("Third Modification") is executed this 21st of <br /> May, 2021 (the "Effective Date"), by and between the Board of County Commissioners of Indian <br /> River County, Florida ("Lessor") and Environmental Learning Center, Inc. ("Lessee"). <br /> WHEREAS, Lessor and the Pelican Island Audubon Society, Inc. entered into a lease dated, <br /> March 6, 1987,for a portion of Wabasso Island for the development of an environmental learning <br /> center(the "Lease"); and <br /> WHEREAS, that Lease was assigned to the Environmental Learning Center, Inc.; and <br /> WHEREAS, on July 2, 1991, the Lease was modified in order to include language <br /> concerning the public access to the environmental learning center; and <br /> WHEREAS, the Lease was modified again on February 7, 2006, in order to add lands to <br /> the Lease; and <br /> WHEREAS, Lessee wishes to apply for a grant from the Florida Inland Navigational District <br /> ("FIND") for the replacement of the 30 year old public dock with a new public environmental <br /> education dock in the same location and footprint (the "Dock Project"); and <br /> WHEREAS, Lessee is willing to provide the necessary monetary match, up to $100,000, <br /> for the Dock Project; and <br /> WHEREAS, Lessor, on behalf of Lessee as owner of the property, agrees to act as the <br /> applicant for the application to FIND for the Dock Project, <br /> NOW THEREFORE, in consideration of the mutual undertakings herein and other good <br /> and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the <br /> parties agree, as follows: <br /> 1. Recitals. The above recitals are true and correct and are incorporated herein. <br /> 2. FIND Application. Lessor agrees to be the applicant for the FIND application for the Dock <br /> Project. If the FIND grant is not approved or is approved, but insufficient for the Dock <br /> Project, the Parties will be released from their responsibilities under this Third <br /> Modification. <br /> 3. Permits. Lessee shall be responsible for paying for and obtaining any and all necessary <br /> permits for the Dock Project. Lessee must obtain the necessary permits for the Dock <br /> Project by September 30, 2021. <br /> 4. Engineering Plans. Lessee shall be responsible for paying for and providing Lessor with <br /> the 100% plans and specifications for the Dock Project by September 30, 2021. Lessee <br /> 1 <br />