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Prepared by and Return to: County Attorney's Office 180127 1h Street Vero Beach FL, 32960 [blank space above line reserved for recording data] ASSIGNMENT AND AMENDMENT OF LICENSE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that LUTGERT VERO, LLC, a Florida limited liability company, whose mailing address is 4200 Gulf Shore Boulevard, Naples, Florida 34103 (hereinafter referred to as the "Assignor"), in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by SURFSEDGE AT INDIAN RIVER SHORES MASTER ASSOCIATION, INC., a Florida not for profit corporation, whose mailing address is 819 SW Federal Hwy, Suite 302, Stuart, Florida 34994 (hereinafter referred to as "Assignee"), the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained, sold, assigned, transferred and set -over, and by these presents does grant, bargain, sell, assign, transfer and set -over unto Assignee, its successors and assigns forever, all of Assignor's right, title and interest in and to that License Agreement with INDIAN RIVER COUNTY, dated November 20, 2018, recorded in the official records of Indian River County, Florida at Official Record Book 3167, Page 76. Assignee agrees to assume all of Assignor's obligations and duties under the License Agreement. Indian River County approves this Assignment. AMENDMENTS TO LICENSE AGREEMENT 1. Any repairs or replacement of the dune crossover must follow all current laws which include, but are not limited to review and approval from INDIAN RIVER COUNTY, Department of Environmental Protection permitting, and any other requirements. 2. The term "County environmental manager" shall be replaced with "County Parks, Recreation & Conservation Director, or designee". 3. The gate that was been installed and approved by Indian River Shores on SURFSEDGE property that allows access to the crossover shall be open only during the hours of operation of INDIAN RIVER COUNTY parks. The gate shall be locked at all times when the park is closed. To ensure restrictive access, SURFSEDGE will install an electronic lock with a timer function programmed to the park hours. Failure to maintain this schedule and restrict access shall be cause for termination of the License by INDIAN RIVER COUNTY 4. In the event of a breach of these terms by SURFSEDGE, there shall be a 7 -day cure period in which the breach may be rectified, if possible. Failure to cure said breach shall result in INDIAN RIVER COUNTY having the right to immediately terminate the License. Multiple breaches within the period of one year shall be deemed as a waiver of the 7 -day cure period. The 7 -day cure period shall begin upon actual or Pagel of 5