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FIRST ADDENDUM TO LIBERTY PARK, PHASE 1A AND 1B DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RYALL DEVELOPMENT GROUP, LLC THIS FIRST ADDENDUM TO LIBERTY PARK, PHASE lA AND ]B DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RYALL DEVELOPMENT GROUP, LLC (this "Addendum") is made this►� day of aG06er' , 2023. BACKGROUND This addendum is attached to and made a part of that "Liberty Park, Phase IA and 113 Developer's Agreement Between Indian River County and Ryall Development Group, LLC" dated May 18, 2021. AGREEMENT I . Indian River County ("County") and Ryall Development Group, LLC, ("Developer") desire to make certain modifications and additions to the above referenced Developer's Agreement ("DA") and desire to set forth such modifications and additions in this Addendum. 2. In the event of a conflict between the terms and conditions of the DA and this Addendum, this Addendum shall control. 3. Developer shall make the following dedications to the County within 90 -day of execution of this Addendum by both Parties, subject to the conditions listed below: 4. a. 64th Avenue right-of-way, 60 feet in width, as shown on Exhibit A hereto, subject to modification as described below. b. 741 Avenue right-of-way, 60 feet in width, as shown on Exhibit B hereto, subject to modification as described below. c. Fire Station right-of-way, 60 feet in width, as shown on Exhibit C hereto, subject to modification as described below. d. Pond parcel, as shown on Exhibit D hereto, subject to modification as described below. e. 81st Avenue right-of-way, 10 feet in width, as shown on Exhibit E hereto. a. County acknowledges that Developer has pending before County its conceptual PDTND application for administrative approval. In the event the final PDTND approval requires modification to the legal descriptions for any of the dedications described above, County and Developer will cooperate to approve such modifications of the legal descriptions for said dedications. Further, all such dedications shall be made within 60 days of approval by the county of the conceptual PDTND or within 60 days of final approval of the legal descriptions as modified, if such modifications are necessary. b. County hereby agrees Developer shall retain an easement giving the Developer the absolute right to modify the size and shape of the "Pond" to accommodate the future stormwater runoff from the proposed Liberty Park park, storage facility, civic site, and other approved PDTND facilities, provided such modifications shall not cause stage up to an elevation greater than 18.92 NAVD-88.