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AMENDMENT 2 TO THE AGREEMENT BETWEEN <br />THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT <br />AND INDIAN RIVER COUNTY <br />FOR INDIAN RIVER COUNTY MOORHEN MARSH LEAPS (1RL20-21) <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, FL, 32960-3388, and is <br />effective on the 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") and amended the Agreement on August 22, 2022 <br />(Amendment 1). The parties desire to further 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 />1. Paragraph 1(a) TERM OF AGREEMENT: delete — this paragraph and replace it with the following <br />paragraph: <br />The tern of this Agreement is from the date upon which the last party has dated and executed the <br />same ("March 10, 2021 ") until March 29, 2023 ("Completion Date"). Recipient shall not commence <br />the Project until any required submittals are received and approved. Time is of the essence for every <br />aspect of this Agreement, including any time extensions. Any request for an extension of time <br />beyond the Completion Date must be made before February 1, 2023. Timely requests to extend, for <br />longer than six months, the Completion Date of the Agreement for projects whose District <br />contribution exceeds $100,000 may only be approved by the District's Governing Board. <br />Notwithstanding specific mention that certain provisions survive termination or expiration of this <br />Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date <br />survive 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 />5. 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. ,fir �paiM�ss�o�✓. <br />ST. JOHNS RIVER WATER <br />INDIAN RIVER COUNTY <br />MANAGEMENT DISTRICT <br />J� <br />By: L/ By: <br />Louis J. Donnangelo, Bureau Chicf, or designee, Project <br />Management <br />Date: 1/18/23 <br />APPMOVED AS TO FORM <br />AND LEUAL SUFFICIENCY <br />BY __ <br />DYLAN REI{ G0 1-f.3 <br />OOUNTY ATTORNEY <br />Joseph H. Earman, Chairman <br />Typed Name and Title <br />Date: January 17, 2023 <br />Attest: Attest: Jeffrey R. Smith, Clerk of <br />-- Circuit Court and Comptroller <br />�1/�/nAi�'!�mm <br />i <br />