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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 />180127 th 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 day of , 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 />127 <br />