Prepared by and after recorded return to:
Jan Albanese Carpenter, Esq.
Latham, Shuker, Eden & Beaudine, LLP Post Office Box 3353
Orlando, Fiorida 32802-3353

INSTR# 2011219302
BK 08544 PGS 0785-0788 PG(s)4 RECORDED 12/27/2011 08:12:52 AM RICHARD M WEISS, CLERK OF COURT POLK COUNTY
RECORDING FEES 35a50 RECORDED BYS	Wetzel

FIRST AMENDMENT TO INTERLOCAL AGREEMENT
between
LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT
and
LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT

THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT AND LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT
(the "First Amendment"), made effective October 1, 2011, is made by and between LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district ("Ashton CDD") and LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district ("Ashton II COD") and amends that certain lnterlocal Agreement between Lake Ashton Community Development District and Lake Ashton II Community Development District dated January 3, 2006 and recorded in Official Records Book 8174, Page 0040 of the Public Records of Polk County, Florida (the "lnterlocal Agreement").

WHEREAS, Ashton CDD and Ashton II CDD are parties to the lnterlocal Agreement relating to the development, maintenance, operation and reciprocal use of certain real property and facilities within the respective boundaries of each of the parties thereto, as more particularly described therein; and

WHEREAS, the lnterlocal Agreement, as recorded in Official Records Book 8174, Page 0040 of the Public Records of Polk County, Florida, is currently in full force and effect; and

WHEREAS, in accordance with paragraph 12 of the lnterlocal Agreement, the parties thereto may amend the lnterlocal Agreement if such amendment is reduced to writing and is executed by both parties; and

WHEREAS, both Ashton COD and Ashton II CDD have determined it to be in the best interest of each of the parties to modify and amend the lnterlocal Agreement in accordance with the terms set forth below; and

WHEREAS, Ashton COD and Ashton II CDD desire to execute this First Amendment in order to memorialize such amendment to the lnterlocal Agreement.

NOW, THEREFORE, in consideration of the mutual benefits to be realized by the parties upon the execution hereof and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:

1.
as terms.

Recitals. The foregoing recitals are true and correct and are hereby incorporated by reference

'  Amendment  to Paragraph  61    Construction  and Maintenance  of Roadways.	The  following paragraph shall be added to the end of paragraph 6 of the lnterlocal Agreement as if originally set forth therein:

LATHAM SHUKER EDEN & BEAUDINE 111 N MAGNOLIA AVE STE 1400
ORLANDO , FL 32801	G

In the event either Ashton COD or Ashton II COD elects to incur any Roadway Costs (as such term is defined in the lnterlocal Agreement), such electing CDD shall, at least sixty (60) days prior to legally contracting or otherwise obligating itself for any Roadway Costs, notify the non-electing CDD in writing of the electing CDD's intent to perform, or have performed on its behalf, the subject roadway work and its intent to incur such Roadways Costs; such roadway work and the anticipated Roadway Costs shall be generally described in the provided notice. Furthennore, simultaneously with the written notice, the electing COD shall provide the non-electing CDD with notice of the time of any public meeting(s) where the roadway work is on the meeting's agenda, and with copies of any bid specifications for such roadway work. Subsequent to receiving such notice and bid specifications, but not later than forty (40) days after the date the notice is received, the non­ electing CDD may provide advice, information and/or consultation to the electing COD with regard to the roadway work and the anticipated Roadway Costs. Notwithstanding anything herein, the non-electing CDD shall not have the right or authority to prevent the electing CDD from incurring such Roadway Costs, nor shall the non-electing CDD be exempt from the responsibility to pay its pro-rata share of such Roadway Costs, even if the non-electing CDD objects to the subject roadway work or improvements.

Severability. If any provision of this First Amendment or the lnterlocal Agreement, as amended hereby, shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof or thereof shall in no way be affected or impaired, nor shall such holding of invalidity, illegality or unenforceability affect the validity, legality or enforceability of such provision under other dissimilar facts or circumstances.

4; Remaining Provisions Unaffected. Except as specifically supplemented, modified and/or amended herein, all covenants, tenns, obligation and provisions of the lnterlocal Agreement shall remain unaffected and in full force and effect.

Recording; Covenants to Run With the Land. Upon complete execution by the parties hereto, this First Amendment shall be recorded in the Official Records of Polk County, Florida. This First Amendment shall run with the land identified in the lnterlocal Agreement and shall bind the parties hereto, and their successors and assigns.

Counterparts. In order to facilitate execution, this First Amendment may be executed in as many counterparts as may be required, and it shall not be necessary that the signature of, or on behalf of, each party appear on each counterpart; it shall be sufficient that the signature of, or on behalf of, each party appear on one or more of such counterparts. All counterparts shall collectively constitute a single agreement.

[COUNTERPART SIGNATURE PAGES TO FOLLOW]

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed on their behalf by duly authorized representatives as of the date first set forth above .

WITNESSES:

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LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT,
a Florida community development district

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STATE OF FLORIDA COUNTY OF	P,	\ \<
The foregoing instrument was acknowledged before me this	ay of	tJ <-- t	l -•
2011, by	Jc. Sc ,t,	z .:.- (-, .J	• as Chairman of the Board of Supervisors of the LAKE ASHTON COMMUNITY DEVELOPMENT  DISTRICT,  who is [ c/'fpersonally known to me or [	] has
produced 	as identi fication.
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Notary Public

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SEAL	GEORGE S. FUNT	 	\ c	r-

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NOTARY PUBLIC
STATE OF FLORIDA
Comm# 000929572
Expires 10/16/2013

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Commission Number:	_

My commission expires: 	_

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed on their behalf by duly authorized representatives as of the date first set forth above.

WITNESSES:
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LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT,
a Florida community development district
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STATE OF FLORIDA
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Commission Number: ---------
My commission expires: 	_