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Prepared By, <br /> Record and Return to: <br /> Michael Zito, Esq. <br /> Deputy County Administrator <br /> c/o Indian River County <br /> 1801 27th Street <br /> Vero Beach, FL 32960 <br /> THIRD AMENDMENT TO THE AMENDED AND RESTATED FACILITY LEASE <br /> AGREEMENT <br /> This THIRD AMENDMENT TO THE AMENDED AND RESTATED FACILITY <br /> LEASE AGREEMENT ("Third Amendment") is made as of the 9 day of April , 2024 <br /> (the"Third Amendment Effective Date"),by and between Indian River County,Florida,a political <br /> subdivision of the State of Florida(hereinafter referred to as the"County"), and Verotown, LLC, <br /> a Delaware limited liability company(hereinafter referred to as"Verotown"). <br /> RECITALS <br /> A. WHEREAS, County and Verotown entered into that certain Amended and <br /> Restated Facility Lease Agreement by and between County and Verotown effectively dated <br /> January 2,2019 as subsequently amended by that certain First Amendment to the Amended and <br /> Restated Facility Lease Agreement as fully executed on February 16,2021 and that certain Second <br /> Amendment to the Amended and Restated Facility Lease Agreement as fully executed on July 12, <br /> 2022(collectively referred to as the"Agreement"); <br /> B. WHEREAS, pursuant to Section 13.02 of the Agreement, the Agreement may be <br /> amended in a writing executed by both parties; <br /> C. WHEREAS, in order to modify certain terms of the Agreement, including certain <br /> rights and obligations associated with the Capital Improvements and the Capital Reserve Account, <br /> Verotown and the County now desire to amend the Agreement as hereinafter set forth, in <br /> accordance with the terms and conditions of this Third Amendment. <br /> NOW, THEREFORE, in consideration of the mutual covenants and conditions <br /> hereinafter contained, and other valuable consideration, the receipt and sufficiency of which are <br /> hereby acknowledged,Verotown and the County hereby agree to amend the Agreement as follows: <br /> 1. Recitals; Defined Terms. The above Recitals are true and correct and are hereby <br /> incorporated herein by reference. All capitalized terms not defined herein shall be given <br /> the meanings ascribed thereto in the Agreement. <br /> 2. Plumbing Improvements. <br /> 1 <br />