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Prepared by and after recording return to: <br />STATE OF FLORIDA <br />COUNTY OF INDIAN RIVER <br />THIS FIRST AMENDED AND RESTATED SITE ACCESS AGREEMENT <br />("Access Agreement') is made effective as of the 12th day of April , 2023 <br />(the `Effective Date"), by and between INDIAN RIVER SUSTAINABILITY CENTER, <br />LLC ("Operator'), and INDIAN RIVER COUNTY SOLID WASTE DISPOSAL <br />DISTRICT, a special dependent district of Indian River County, Florida ("District"). <br />Operator and District are referred to herein collectively as the "Parties" and individually <br />as a 46p 19 <br />RECITALS <br />WHEREAS, Operator and District entered into that certain Wastewater <br />Treatment Agreement, dated as of July 13, 2021 (as such may be further amended or <br />assigned from time -to -time, collectively, the "Treatment Agreement'), pursuant to which <br />Operator is authorized to install, operate, maintain, repair, replace and remove a 30,000 <br />gallons -per -day wastewater evaporation plant featuring a Type 3 LM -HTS Heartland <br />Concentratofrm System (collectively, the "Project") located on certain real property, <br />improvements and appurtenances as more particularly described on Exhibit "A" attached <br />hereto and by reference incorporated herein (the "Premises"). <br />WHEREAS, pursuant to the terms of the Treatment Agreement, the Operator will <br />process (by evaporation) the District's wastewater at the Project for the term of the <br />Treatment Agreement, provided that the District provides sufficient quantities of <br />wastewater and other required inputs as required in the Treatment Agreement, which <br />items include, without limitation, access to the Premises. <br />WHEREAS, District and Operator entered into a Site Access Agreement dated <br />June 7, 2022 (the "Original Agreement"), whereby District granted access to the Premises <br />to Operator in order to allow Operator to perform its duties and obligations under the <br />Treatment Agreement. <br />WHEREAS, the District and Operator desire to replace the Original Agreement <br />with this Access Agreement, in order to update the boundaries of the Premise. <br />