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1-04 ll, 1'3 FM No: Vendor No: 405606-1-21/22-01 F 59-6000673-206 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY LOCALLY FUNDED AGREEMENT AMENDMENT NUMBER ONE, THIS AMENDMENT, made and entered into this day of , 2006, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY, State of Florida, located at 1840 25th Street, Vero Beach, Florida 32960, hereinafter called PARTICIPANT. WITNESSETH WHEREAS, on November 24, 2004, the parties entered into a Locally Funded Agreement, hereinafter referred to as the AGREEMENT, wherein the DEPARTAMENT agreed to provide certain improvements in connection a Project Development and Environment (PD&E) study along CR -510 (Wabasso Road) from CR -512 to Indian River Bridge (#880052) in Indian River County and hereinafter referred to as Project # 405606-1-21/2201; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to further amend the certain Locally Funded Agreement dated November 24, 2004 as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The following paragraphs are added to this agreement: If the PARTICIPANT fails to complete the Project or decides to cancel the project, fails to obtain Location Design Concept Acceptance (LDCA), or fails to construct in accordance with LDCA, the PARTICIPANT shall reimburse the DEPARTMENT for all Project costs incurred by the DEPARTMENT (including the Federal Government's share and the Department's share.) If the Project is Federally funded and because of the PARTICIPANT's decision to cancel the project the Federal Government declines reimbursement to the DEPARTMENT, the PARTICIPANT shall reimburse the DEPARTMENT for all Project costs incurred by the DEPARTMENT and declined reimbursement by the Federal Government. All provisions, covenants, terms and conditions of the AGREEMENT between the parties theretofore entered into of November 24, 2004, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. 1 of 2