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Third Amendment to Fellsmere Water Control District - Indian River County Inter - Governmental Agreement This third amendment ("Third Amendment") to the Inter -Governmental Agreement, dated September 10, 1975, (the "Interlocal Agreement") is entered into this _ day of , 2016, (the "Effective Date") between Indian River County a political subdivision of the State of Florida (the "County") and the Fellsmere Water Control District, a (the "District"). Whereas, on October 29, 1974, the District granted to the County an easement (the "Easement") so that the County would have the right to maintain specifically described rights-of- way within the District; and Whereas, in the Easement, the District reserved the fee simple title to those rights-of-way described in the Easement and the right to alter or construct canals, ditches, drains, bridges and other drainage facilities within such rights-of-way; and Whereas, on September 10, 1975, County and District entered into the Interlocal Agreement in which the parties agreed that the County would have the right to maintain certain roads within the District; and Whereas, such Interlocal Agreement; the District agreed to provide the County with the necessary marl need by the County in order to properly maintain the rights-of-way; and Whereas, in the Interlocal Agreement the parties acknowledged that the County was willing to continue providing maintenance service for the roads to the District contingent upon the availability of equipment and funding, and cooperation from the District; and Whereas, in the Interlocal Agreement, the parties agreed that either party could terminate the Interlocal Agreement at any time and for any reason; and Whereas, the Interlocal Agreement has been twice amended in 1997 and 2003, to include additional rights-of-way (the Interlocal Agreement and the two amendments and this Third Amendment shall collectively be referred to as the "Agreement"); and Whereas, the County desires to add additional roads to Grader Route No. 3; Whereas, the District has taken the position that it cannot under law maintain the rights-of- way and thus has sought and will continue to seek approval from the State of Florida to become an improvement district in order to maintain such rights-of-way; and Whereas, the District understands that the governor recently vetoed a bill authorizing the District to become an improvement district, because the bill contained requests for powers such as community development, transit, mosquito control, fire control, and emergency medical services; and Whereas, the District supports a request from the State of Florida to be an improvement with more limited powers; and ' 155