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Prepared By, Record and Return to: Michael Zito, Esq. Asst. County Administrator c/o Indian River County 180127 th Street Vero Beach, FL 32960 SECOND AMENDMENT TO THE AMENDED AND RESTATED FACILITY LEASE AGREEMENT This SECOND AMENDMENT TO THE AMENDED AND RESTATED FACILITY LEASE AGREEMENT ("Second Amendment") is made as of the 12- day of�, 2022 (the "Amendment Effective Date"), by and between Indian River County, Florida, ---a' political subdivision of the State of Florida (hereinafter referred to as the "County"), and Verotown, LLC, a Delaware corporation, (hereinafter referred to as "Verotown"). RECITALS A. WHEREAS, County and Verotown entered into that certain Amended and Restated Facility Lease Agreement by and between County and Verotown effectively dated January 2, 2019 as subsequently amended by that certain First Amendment to the Amended and Restated Facility Lease Agreement as fully executed on February 16th, 2021 (collectively referred to as the "Agreement"); B. WHEREAS, pursuant to Section 13.02 of the Agreement, the Agreement may be amended in a writing executed by both parties; C. WHEREAS, in order to modify certain terms of the Agreement, including certain rights and obligations associated with the Capital Improvements and additional contributions to the Capital Reserve Account, Verotown and the County now desire to amend the Agreement as hereinafter set forth, in accordance with the terms and conditions of this Second Amendment. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Verotown and the County hereby agree to amend the Agreement as follows: 1. Recitals; Defined Terms. The above Recitals are true and correct and are hereby incorporated herein by reference. All capitalized terms not defined herein shall be given the meanings ascribed thereto in the Agreement. 2. County Improvements. Section 8.04(a)(5) of the Agreement is hereby deleted in its entirety, it being acknowledged and agreed by the parties that, in exchange for the County depositing the sum of Two Hundred Thousand and No/100 Dollars ($200,000.00) (the "Holman Reimbursement Amount") into the Capital Reserve Account within three (3)