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Contract SF611AA Amendment #2 4. ARTICLE IV — DISTRICT ' S RESPONSIBILITIES : Paragraph #2 shall be deleted and replaced with the following paragraph : "2 . For satisfactory performance of the Work outlined in the MOU, the District agrees to reimburse County an aggregate sum in an amount not to exceed $5 . 83 million Payments due under this MOU are subject to the availability of funds from the Florida Legislature and the Florida Forever Trust Fund . " 5. ARTICLE VI — GENERAL : Paragraph #3 shall be deleted and replaced with the following paragraph: "3 . This MOU may be terminated at any time for cause or convenience upon thi y (30) calendar days prior written notice to the other party . In the event that this MOU is terminated , the District shall compensate County for all authorized and accepted work thro gh the date of termination and the remainder of the unspent funds from the $4 . 33 million Legislative appropriation and the $ 1 . 5 million Florida Forever appropriation will be held in reserve by the District to be used in a subsequent MOU between the District and County , consistent with the provisions of the appropriation or Legislative action . " The District and County agree that all other terms and conditions of the original Agreement are hereby ratified and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set forth above . ST. JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT I`^ By . f By : Y Kirby B . GreenIlf, Executi e Director Thomas S . Lowther . Chairman Typed Name and Title Date : L/z y�S" Date : December 13 , 2005 APPROVED BY THE OFFICE OF GENERAL COUNSEL Attest. St nley J . Niego, s ner stant G 1 Counsel ed Name and Title PPROVED : Attachment : Exhibit A-3 � C unty Ackninistrator APP Al)) AS fQ FORM LE FFICI N Y Y Page 2 of 9 I F L ASSISTANT COUNTY ATTORNEY