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FIRST AMENDMENT TO THE <br />DEVELOPER'S AGREEMENT BETWEEN <br />INDIAN RIVER COUNTY <br />AND <br />FLORIDA POWER & LIGHT COMPANY <br />THIS FIRST AMENDMENT is made and entered into this 7th day of <br />December , 2021, by and between INDIAN RIVER COUNTY, FLORIDA, a political <br />subdivision of the State of Florida, 180127 0 Street, Vero Beach, FL 32960 ("County") and FLORIDA <br />POWER & LIGHT COMPANY, a Florida corporation, 700 Universe Boulevard, Juno Beach, FL <br />33408 ("Developer"). <br />WITNESSETH: <br />WHEREAS, Developer is developing a service center at 1575 98th Avenue in Indian River <br />County, Florida, to be known as the FPL Indian River Service Center; and <br />WHEREAS, the County and the Developer share mutual goals and have determined that they <br />can assist each other with respect to certain roadway, intersection, and drainage improvements as a <br />condition of the Service Center approval; and <br />WHEREAS, the County and the Developer entered into a Developers Agreement on <br />November 30th, 2020 to set forth the terms and conditions to which they have agreed with respect to <br />the matters contained herein; and <br />WHEREAS, unforeseen conditions arose during construction of 98th Avenue have necessitated <br />addressing conditions which were not the responsibility of the Developer; and <br />WHEREAS, the County would have been responsible to construct the infrastructure necessary <br />to address these condition; and <br />WHEREAS, the Developer has addressed these conditions during the construction process and <br />is requesting reimbursement of said infrastructure improvements via this Amendment; <br />NOW, THEREFORE, for and in consideration of these premises, Ten Dollars ($10.00), and <br />other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br />the County and the Developer do hereby covenant, stipulate, and agree as follows: <br />1. Recitals: The foregoing recitals are incorporated as if fully restated herein. <br />2. Additional Drainage Improvements: Developer agrees to construct additional drainage <br />improvements to facilitate the reconstruction of 98th Avenue from 161, Street to State <br />Road 60, as a two lane paved street to accommodate offsite drainage not part of the <br />approved plans developed by Kimley Horn and Associates, entitled "Indian River <br />Service Center 98th Avenue & 16th Street; Project Number: 147088006". These <br />drainage improvements are as follows: <br />