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SECOND AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND LOST TREE PRESERVE, LLC FOR LOST TREE PRESERVE, PD FOR THE CONSTRUCTION OF OFF-SITE UTILITIES This SECOND AMENDMENT (hereinafter "Second Amendment") to Agreement Between Indian River County, Florida and Lost Tree Preserve, LLC for Lost Tree Preserve, PD for theConstruction Off -Site Utilities ("Agreement") is made and entered into as of the 2.5 f day of Gt r(, h 2023, by and between Indian River County ("County") and Lost Tree Preserve, LLC ("Developer"). RECITALS WHEREAS, the County and Developer entered into the Agreement on August 15, 2017; and WHEREAS, the County entered into the First Amendment to Agreement Between Indian River County, Florida and Lost Tree Preserve, LLC for Lost Tree Preserve, PD for the Construction of Off -Site Utilities ("First Amendment") on March 3, 2020; and WHEREAS, the County is in the process of resurfacing 69`b Street along the Lost Tree Preserve project and will have its contractor install the utility lines as part of the resurfacing of 69`' Street: and WHEREAS, since the County will construct the 6" force main and the 12" off-site water main on 696 Street, the completion of construction of such lines will no longer be a condition precedent to the issuance of the Developer's Certificate of Completion; and WHEREAS, the County and Developer wish to extend the term set forth in the Agreement and modify certain Developer responsibilities under the Agreement and First Amendment, NOW THEREFORE, in consideration of the mutual covenants contained herein and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Recitals. The County and Developer agree that the above recitals are true and correct by this reference incorporated herein and made part thereof. Section 2. Amendment of Paraaraph 1.1) of the Agreement. Paragraph I.D. of the Agreement shall be revised to read as follows: D. The County and the Developer agree that the County will construct the 12" off-site water main described in the First Amendment, with the Developer paying its fair share to the County in the amount of $146,815.76 by April 30, 2024, or earlier Pagel of 3 F:\Utilities\00—UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 Agenda Items\032823\Amend No 2 to Lost Tree Preserve Developers Agreement\Amend No.2 to Lost Tree Preserve Agreement for Construction of Off -Site Utilities.docx