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1801 2711 Street Vero Beach, FL 32960 IRLT: Executive Director Indian River Land Trust 80 Royal Palm Pointe, Suite 301 Vero Beach, FL 32960 V. Amendments - The parties may amend this Agreement only by mutual written agreement of the parties. VI. Assignment of Interest - Neither party will assign or transfer any interest in this Agreement without prior written consent of the other party. VII. Design Review. IRLT shall provide preliminary 30 percent design plans of any facilities on the Oyster Bar Marsh Trail to the County, including the County Parks Division, for review and approval,prior to any further design work. IRLT shall submit and receive written County approval of 90 percent design plans, prior to the submittal of any required State and federal permit applications for construction of any facilities on the Oyster Bar Marsh Trail. VIII. Inspection. The County shall have the right to inspect the trail and facilities on the Oyster Bar Marsh Trail at any time to ensure the IRLT's activities are acceptable to the County and constructed and maintained in accordance with the requirements of this Agreement. IX. Monitoring. The County shall monitor at least two times per year the responsibilities to be done by IRLT in section II to be performed by the IRLT in order to ensure that those portions of the trail and those facilities of the Oyster Bar Marsh Trail which are maintained by the IRLT under this Agreement are properly maintained by IRLT. X. Ownership. Prior to the commencement of construction of any facilities, IRLT shall convey an easement, in a form approved by the County Attorney's Office, for the land proposed to be located under such facilities and any land that is used to access such facilities to the County. To the extent such facilities are owned by IRLT, within 60 days of the completion of the construction of the Oyster Bar Marsh Trail facilities, IRLT shall convey ownership of such facilities to the County. XI. Financial Statements. On every anniversary date of the Effective Date of this Agreement, IRLT shall submit to the County financial statements that pertain to the IRLT work under this Agreement. XII. Equipment. Equipment owned and used by any cooperating agency under this Agreement for which the other is responsible will normally be operated, serviced, and repaired by the owning agency. Any exceptions to this practice will be agreed to, in writing, by both parties. XIII. Availability of Funding. The obligations of all parties herein are subject to the availability of funding, and nothing contained herein shall be construed as binding any party to 4