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3. The estimated cost of the DEP Project is $204,000. Baytree, Marbrisa, and the County each acknowledge and agree that the DEP Funds will fund only a portion of the DEP Project. Baytree, Marbrisa, and the County each acknowledge and agree that the unfunded portion of the DEP Project includes: i) mobilization; ii) demobilization; iii) dune restoration; and iv) restoration of the Seagrape Trail beach access back to pre -construction conditions, including, but not limited to, the expenses associated with any restoration of vegetation and damages to the parking lot incurred in connection with the DEP Project that are not repaired by the contractor for the DEP Project. Baytree, Marbrisa, and the County shall fund their respective shares of the costs of the DEP Project that are in excess of the DEP Funds based on foot frontage as follows: Baytree's share is estimated to be $89,700; Marbrisa's share is estimated to be $48,900; and the County's share is estimated to be $15,400 based upon prorated foot frontage. If the actual costs of the DEP Project exceed the foregoing estimates, Baytree, Marbrisa, and the County agree that the prorated shares shall be adjusted based upon the following calculation of each entity's foot frontage: 1100 ft. for Baytree, 700 ft. for Marbrisa, and 200 ft. for the County. 4. Baytree and Marbrisa each acknowledge and agree that each entity shall pay its respective share of DEP Project costs that are in excess of the DEP Funds by one or more checks drawn on a local bank within 21 calendar days following receipt of an invoice from the County. 5. Baytree and Marbrisa each acknowledge and agree that they shall each grant to the County an access easement, in substantially the form set forth on Exhibit B to this Agreement attached hereto and by this reference made a part hereof for purposes of the DEP Project. 6. Baytree and Marbrisa acknowledge and agree that they will cause their coastal engineering firm to sign the completion certificate that is require for final acceptance of the DEP Project in a timely manner and further shall cause the coastal engineering firm promptly to transmit the completed certificate of final completion to the County's Project Manager. Further, Baytree and Marbrisa agree to require that the coastal engineering firm approve any and all contractor invoices as required in connection with the DEP Project, and to have such coastal engineering firm promptly transmit the approved contractor invoices to the County's Project Manager. 7. Baytree acknowledges and agrees that, in connection with the DEP Project, Baytree desires additional fencing to be constructed and Baytree agrees that it shall be solely responsible for any and all costs and expenses associated with the provision of such additional fencing. 8. Any notice, request, demand, consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (1) Hand delivery to the other party; or (2) Delivery by commercial overnight courier service; or (3) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: 2