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Contract #28771 <br />Amendment 91 <br />AMENDMENT 1 TO THE COST SHARE AGREEMENT BETWEEN <br />THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT <br />AND INDIAN RIVER COUNTY <br />FOR NORTH SEBASTIAN PHASE I SEPTIC TO SEWER PROJECT <br />THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS <br />RIVER WATER MANAGEMENT DISTRICT (the "District"), whose mailing address is 4049 Reid Street, <br />Palatka, Florida 32177-2571, and INDIAN RIVER COUNTY ("Recipient") whose address is 1801 27th <br />Street, Building A, Vero Beach, Florida 3290-3388, and is effective on the date the last party has executed <br />same. <br />PREMISES: <br />The parties entered into Agreement No. 28771 on October 20, 2016 to provide funding for the Recipient's <br />North Sebastian Phase 1 Septic to Sewer Project ("Agreement"). The parties desire to amend the Agreement. <br />NOW, THEREFORE, in consideration of the above premises, which are hereby made a part of this <br />amendment, the mutual covenants contained herein, and other good and valuable consideration, the parties <br />hereby agree to amend the Agreement as follows: <br />1. Paragraph 1(a) TERM; WITHDRAWAL OF OFFER: delete this paragraph and replace it with the <br />following paragraph: <br />(a) The term of this Agreement is from October 20, 2016 ("Effective Date") through September 30, <br />2018 ("Completion Date"). Recipient shall not commence the Project until any required submittals <br />are received and approved. Time is of the essence for every aspect of this Agreement, including any <br />time extensions. Any request for an extension of time beyond the Completion Date must be made in <br />writing before July 1, 2018. For projects whose District contribution exceeds $100,000, timely <br />requests to extend the Completion Date more than six months beyond the original Completion date <br />may only be approved by the District's Governing Board. Notwithstanding specific mention that <br />certain provisions survive termination or expiration of this Agreement, all provisions of this <br />Agreement that by their nature extend beyond the Completion Date, for example, delivery of a final <br />report, will remain in full force and effect after the Completion Date as necessary to affect <br />performance. <br />2. All other terms and conditions of the Agreement, including any subsequent amendments, are hereby <br />ratified and continue in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have duly executed this amendment on the date set forth <br />below. <br />ST. JOHNS RIVER WATER <br />AGEMENT DISTRICT <br />1 V.e <br />Ann B. Shortelle, Ph.D., Eytcutive Director or Designee <br />Date: — -�- /f <br />INDIAN RIVER COUNTY <br />Peter D. U'Bryan, Chairman. Boar f County Cod��si�r� <br />Date: January 6 2018 `vy <br />Attest:4: � <br />-Fcr .leftrc� R Smith, Clerk o ' urt and Comptrollef "0,, <br />��RIVER C��w <br />Approved As to Form and Legal Sufficiency: <br />DNA -n Reingold, County Attorney <br />