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Sector 3 Beach and Dune Restoration Project Page 2 of 5 Change Order No . 5 PrPparfneni Not T--o-Exeged—Total Phase 1 — $ 220 . 95-0 Phase 2 Ranger ' s total requested prepayment to stockpile Phase 2 (Ranch Road mine) sand is X000 $ 811000 ( 1-30,080- 108 , 000-cubic yards x $ 7 . 50/cubic yard ) . Ranger- ' s total fequested prepayFaent to stockpile Phase 2 (Fiseher- mine) sand is $ 431 . 2 Prepayment Not- To - Exceed Total Phase 2 = $-1-486-2190 $ 81 0 , 000 Ownership of Sand : Notwithstanding any other provision of the contract to the contrary, Ranger,-and Ranch Road Lake , L . L . C . ("Ranch Road , " as owner and operator of the Ranch Road Mine) eeiively „ as owiief and aper- tee of the Fis ^ "�r- mine) hereby additionally agree with the County that upon delivery by the County to Ranger of a check in payment for stockpiled sand pursuant to this change order ( 1 ) all right, title and interest in and to the stockpiled sand , including legal and equitable title thereto , shall automatically pass to the County , free and clear of any right, title and interest of Ranger, Ranch Road, Fi-sehe and any other party , regardless of whether Ranger in fact pays Ranch Road arae^ r Fiseh for the stockpiled sand , and (2 ) Ranger,—and Ranch Road and F seher- hereby irrevocably (a) waive , release and disclaim any and all legal and equitable liens or claims of lien ( statutory , common law or otherwise) which they may have or claim to have in the stockpiled sand , and (b) acknowledge and agree that the stockpiled sand is part of a County public works project under Chapter 255 , Florida Statute , and is not subject to lien rights which they may have or claim to have in the stockpiled sand . If, during the period of time that the County ' s sand is stockpiled, additional sand which is not related to this contract or change order is also stockpiled at the mine , Ranch Roador- Fisehe shall take measures to (a) isolate and identify the County ' s stockpiled sand from the unrelated sand , which measures may include the installation of temporary construction fencing around the County ' s stockpiled sand , and (b) pro - tect the stockpiled sand from theft, vandalism and other factors which may cause loss or removal of the sand . Ranch Road and Fisehef hereby grants to the County a temporary license for ingress and egress over the property of such party , and authority to remove any stockpiled sand the title to which has transferred to the County pursuant to this change order. This license and authority shall be irrevocable until such time as all such sand has been removed from the property of such party . To the extent that the County enters the property of such party to remove stockpiled sand pursuant to this license , the County shall comply with any applicable regulations of the Mine Safety and Health Administration . To the extent allowed by law, the County shall hold harmless and indemnify Ranch Road �"'LLIICI shefrom liability for injuries or death to the County ' s employees or agents engaged in such removal actions , provided that such injuries or death result from the negligence or intentional misconduct of the County, and provided further that nothing in this paragraph shall be construed to waive the County ' s sovereign immunity in excess of the waiver set forth in 768 . 28 , Florida Statutes . Ranch Road and Finer shall not be entitled to storage or license fees relating to stockpiled sand ; however , if the stockpiled sand remains on the Ranch Road or- Fiseher property as of April 30 , 20123 , then the County shall thereafter either remove the stockpiled sand or start paying reasonable storage