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WHEREAS, the County has rebid the project of removing the Land Bridge and restoring access and tidal flow with off-site removal of dredged material using the Association's private streets ("the Project") and on August 18, 2015, the County authorized a contract with CO Services, LLC in the amount of $159,770.41 to perform the Project; and WHEREAS, the Association has offered to enter into this Agreement with the County in which FIND grant funds in the amount of $25,376.00 would be used for the Project and the County and the Association will share the remaining cost of the Project with the Association paying $45,884.71 and the County paying $88,509.70; and WHEREAS, the Association has already paid $38,000.00 of their own funds for costs of engineering, permitting and consulting services; and WHEREAS, the County desires to accept the Association's offer, recognizing that the Agreement will result in a public — private cooperative effort which will benefit the Lagoon and the residents of Indian River County, NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. RECITALS. The above recitals are true and correct, and are incorporated herein. 2. BID DOCUMENTS AND CONTRACT WITH CO SERVICES, LLC. The bid documents, construction plans and the Contract between the County and CO Services, LLC, in the amount of $159,770.41 to perform the Project are incorporated by reference herein. 3. PAYMENTS TO THE COUNTY BY ASSOCIATION. The Association shall pay and the County shall accept the sum of $45,884.71 as the Association's contribution for the project. Since the Association will have to specially assess its members in order to acquire sufficient funds to meet its obligation, payment shall be due twelve (12) months from the date of execution of this Agreement. By entering into this Agreement, the Association affirmatively states that its members, property owners and Board of Directors have approved the expenditure of funds in the amount of $45,884.71, said approval not to be withdrawn without the prior permission of the County. 4. USE OF ASSOCIATION STREETS. The Association shall permit their streets to be used by the contractor during the course of the Project for ingress, egress, mobilization, demobilization and removal of dredged materials. The County or its contractor shall have no duty to repair or replace the Association's streets due to damage sustained as a result of the Project, if any. 5. TERM. The term of this Agreement shall commence upon execution of the Agreement by all parties, and shall terminate 12 months after such date of execution, or upon County receipt of full payment of $45,884.71 from the Association, whichever occurs first. M: i IACCGreen Salt Marsh aka Head lslardtHead Care restomrmntlkad island Agreement .e Sr Christopher Harbor subdi.isinn.doe Page 2 of 4