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WHEREAS , both the COUNTY and Grand Harbor can mutually benefit <br /> each other by amending the Grant of Restoration , Access and Recreation Easement <br /> dated May 3 , 2005 . <br /> NOW, THEREFORE , in consideration of the mutual terms , conditions , <br /> promises , covenants and premises hereinafter, the COUNTY and Grand Harbor agree <br /> to amend the Grant of Restoration , Access and Recreation Easement dated May 3 , <br /> 2005 , as follows : <br /> 1 . The above recitals are affirmed as being true and correct and are thereby <br /> incorporated herein . <br /> 2 . Following inclusion of the Additional Land , the following definitions and Exhibits <br /> are amended as follows : <br /> Grand Harbor is the fee simple owner of certain real property situated in Indian River <br /> County , Florida , which consists of approximately 416 acres (the " Property") and is <br /> contemplated for high-end residential development of approximately 750 or more units . <br /> A map and legal description of the Property is attached as Revised Exhibit "A" and <br /> incorporated by reference herein . <br /> The "Site" contains approximately 66 . 97 acres of estuarine wetlands and uplands , as <br /> more particularly described on the map and legal description attached as Revised <br /> Exhibit B and incorporated by reference herein (the "Site") <br /> The County has provided to Grand Harbor a revised conceptual plan for the Project <br /> (the `Plan") attached hereto and incorporated herein as Revised Exhibit " C " and such <br /> Plan has been relied upon by Grand Harbor as a material representation in the decision <br /> to enter into this Amended Agreement. <br /> 3 . Paragraph 6 of the Agreement is amended as follows : <br /> 6 . The County reserves the unrestricted right (except as provided for <br /> elsewhere within this agreement) within the Site to maintain the plant <br /> community described by the FDEP construction permit and , consistent <br /> with best management practices , including the management of the <br /> distribution and density of mangroves on the Site . However, the County <br /> agrees that mangroves located on the western perimeter of the western <br /> open water area on the Site as shown on Revised Exhibit C shall be <br /> limited to no more than a density of 15% so as to preserve the view from <br /> the Property to be developed by Grand Harbor to the ponds located on the <br /> Site. <br /> Except as amended herein , the terms and conditions of the Grant of Restoration , <br /> Access and Recreation Easement dated May 3 , 2005 shall remain in full force and <br /> effect. <br /> 2 <br />