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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 Water Control District formed in 1919 by the Circuit Court of St. Lucie (now Indian River) Countv and is currenth operated under Chapter 298 of Florida Statutes (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 continuous right to maintain certain roads within the District subject to the same rights and conditions as the preceding aereement. and Whereas, in such Interlocal Agreement, the District agreed to provide the County with the necessary marl need of ley -the County in order to properly maintain the rights-of-way. and the parties hereby acknowledge that the source of marl there referenced has ceased to exist; and Whereas, in the Interlocal Agreement the parties acknowledged that the County was willing to continue providing maintenance service for the roads t® -within 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 for maintenance to Grader Route No. 3: Whereas, the District has_been advised by Florida's Attorney General's opinion ��e position that it cannot under law maintain the rights-of-way and thus hets seu&-end—A-44 dist-ist in oi-der se fights ; and 158