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B . C . <br /> 31*d AMENDMENT OF AGREEMENT FOR D/� <br /> PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY <br /> AND THE CONSERVATION FUND CHARITABLE TRUST <br /> (The " Agreement " ) <br /> This 3rd Amendment of the Agreement for Professional Services between Indian River County and The Conservation <br /> Fund Charitable Trust , dated November 15 , 2005 , is made and agreed to as of theme day of November, 2010 , by and <br /> between the parties to the Agreement, Indian River County, a political subdivision of the State of Florida (the " County" ) , <br /> and The Conservation Fund as Trustee of The Conservation Fund Charitable Trust dated October 16 , 1998 , as amended <br /> (TCF ) . The parties agree as follows : <br /> 1 . Background and Considerations. The parties entered into an Agreement for Professional Services on November 15 , <br /> 2005 , and both parties have been performing in accordance with it . In order to continue its environmental land <br /> acquisition program , the County has asked that TCF continue to provide professional services in accordni1cc with the <br /> Agreement . <br /> 2 . Amendment : Extension . The Agreement for Professional Services is hereby extended for one year, Until November <br /> 15 , 2011 . Notwithstanding the language of Article IV , Section 4 . 01 of the Agreement , the parties hereby agree to revive <br /> the Agreenncnt ntunc pro tune as though it had not lapsed . In every respect , this Amendment is to be conStrlied and <br /> applied as though the parties hall both signed it before November 15 , 2010 . All other provisions of the Agreement shall <br /> remain in full force and effect . <br /> 3 . Amendment to TCF Conlpcnsation for NAWCA Funded Projects . As a part of this 3 "► Amendment of the Agreement <br /> for Professional Services, the parties agree that TCF will be compensated by the County for TCF ' s set vices , exclusively <br /> relating to North American Wetlands Conservation Act ( NAWCA ) grant funded acquisition projects , based on a closing <br /> fee ot• 3 % of the closing price of each NAWCA grant funded transaction . Compensation to TCF for acquisition projects <br /> not funded by a NAWCA grant will remain at 1 % of the purchase price upon closing of an acquisition , as specified in <br /> Article Ill , Section 3 . 02 of the Agreement . <br /> IN WITNESS WHEREOF , the parties have caused this Extension to the Agreement to be duly executed on the date set <br /> forth above . <br /> INDIAN RIVER COUNTY , a political THE CONSERVATION FUND CHARITABLE TRUST <br /> subdivision of the State of Florida DATED OCTOBER 16, 1998 , AS AMENDED <br /> Ti,e 1 Fund - stee <br /> By : � <br /> � (I�Q�� : jar° r • • rrr'la <br /> Rnh Rnl ar , Chairman .•�� . I . �,�p,nn , Executive Vice President <br /> , • • •. •• _•ir <br /> Board of County Commissioners 1, •T,} �0 • • ,•o .,' <br /> r� Da tied : <br /> Date approved by the BCC : 1 161 0 � s <br /> t � & <br /> ' e <br /> XT( Dej <br /> J . K . rBarton , Cler '2�uty C <br /> lerk)) <br /> APPROVED AS T FORM <br /> AND LEGAL S ICIENCY : <br /> County Attorney <br /> f:\Community Devetopment\Users\ROLAN D\LAAC\The Conservation Fund\Conlracl\TCF contract 3rd extension documcnt .doc <br />