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FOURTH MODIFICATION TO LEASE <br />This Fourth Modification to Lease ("Fourth Modification") is executed this of <br />December, 2022 (the "Effective Date"), by and between the Board of County Commissioners of <br />Indian 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, the Lease was modified for a third time ("Third Modification") on May 21, <br />2021, to have Lessor on behalf of Lessee as owner of the property, to act as the applicant for the <br />application to Florida Inland Navigational District ("FIND") for the replacement of the 30 year old <br />public dock with a new public environmental education dock in the same location and footprint <br />(the "Dock Project"); and <br />WHEREAS, as part of the Third Modification, Lessee provided the necessary monetary <br />match, up to $100,000, for the Dock Project; and <br />WHEREAS, the cost to perform the Dock Project exceeded the initial cost estimate; and <br />WHEREAS, the Lessor and Lessee wish to modify the Lease again in order to pursue an <br />additional FIND grant of up to $50,000 to cover the additional expense of 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. Additional FIND Application. Lessor agrees to be the applicant for an additional $50,000 <br />FIND grant application for the Dock Project, above and beyond the FIND grant application <br />described in the Third Modification. If the additional FIND grant is not approved or is <br />approved, but insufficient for the Dock Project, the Parties will be released from their <br />responsibilities under the Third Modification and this Fourth Modification. <br />1 <br />58 <br />