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AMENDMENT 1 TO AGREEMENT NO. 36528 BETWEEN THE <br />ST. JOHNS RIVER WATER MANAGEMENT DISTRICT <br />AND INDIAN RIVER COUNTY <br />FOR INDIAN RIVER COUNTY MOORHEN MARSH LEAPS (IRL20-21) <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 <br />Street, Palatka, Florida 32177-2571, and INDIAN RIVER COUNTY ("County") whose address is 1801 <br />27th Street, Board of County Commissioners, Vero Beach, Florida, 32960-3388, and is effective on the <br />date the last party has executed same. <br />PREMISES: <br />The parties entered into Agreement No. 36528 on March 10, 2021 for Indian River County Moorhen <br />Marsh LEAPS (IRL20-21) ("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 <br />parties hereby agree to amend the Agreement as follows: <br />Paragraph 1(a) TERM; WITHDRAWAL OF OFFER: delete — this paragraph and replace it with the <br />following paragraph: <br />The term of this Agreement is from March 10, 2021 ("Effective Date") until January 31, 2023 <br />("Completion Date"). Recipient shall not commence the Project until any required submittals are <br />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 <br />before November 1, 2022. Timely requests to extend, for longer than six months, beyond the <br />original Completion Date of the Agreement for projects whose District contribution exceeds <br />$100,000 may only be approved by the District's Governing Board. Notwithstanding specific <br />mention that certain provisions survive termination or expiration of this Agreement, all <br />provisions of this Agreement that by their nature extend beyond the Completion Date survive <br />termination or expiration hereof (e.g., delivery of a final report, will remain in full force and <br />effect after the Completion Date as necessary to effect performance). <br />2. All other terms and conditions of the Agreement, including any prior amendments, are hereby ratified <br />and continue in full force and effect. <br />