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0 -1/6 /0 <br /> FM No : 405606-1 -21122-01 <br /> Vendor No: F 59-6000673-206 <br /> 4 <br /> STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br /> AND <br /> INDIAN RIVER COUNTY <br /> LOCALLY FUNDED AGREEMENT <br /> AMENDMENT NUMBER ONE " <br /> THIS AMENDMENT, made and entered into this day of _fYI �KJ � 3�O � , 2006 , by <br /> and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , an agency of the <br /> State of Florida , hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY, State of <br /> Florida, located at 1840 25th Street, Vero Beach , Florida 32960 , hereinafter called PARTICIPANT. <br /> WITNESSETH <br /> WHEREAS, on November 24, 2004, the parties entered into a Locally Funded Agreement, <br /> hereinafter referred to as the AGREEMENT, wherein the DEPARTMENT agreed to provide certain <br /> improvements in connection a Project Development and Environment (PD&E) study along CR-510 <br /> (Wabasso Road) from CR-512 to Indian River Bridge (#880052) in Indian River County and <br /> hereinafter referred to as Project # 405606-1 -2112201 ; and <br /> WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; <br /> NOW, THEREFORE, in consideration of the mutual covenants, promises and representations <br /> herein , the parties agree to further amend the certain Locally Funded Agreement dated November <br /> 24: 2004 as follows: <br /> 1 . The recitals set forth above are true and correct and are deemed incorporated herein . <br /> 2 . The following paragraphs are added to this agreement: <br /> If the PARTICIPANT fails to complete the Project or decides to cancel the project, fails <br /> to obtain Location Design Concept Acceptance (LDCA) , or fails to construct in <br /> accordance with LDCA, the PARTICIPANT shall reimburse the DEPARTMENT for all <br /> Project costs incurred by the DEPARTMENT (including the Federal Government's <br /> share and the Department's share .) <br /> If the Project is Federally funded and because of the PARTICIPANT's decision to <br /> cancel the project the Federal Government declines reimbursement to the <br /> DEPARTMENT, the PARTICIPANT shall reimburse the DEPARTMENT for all Project <br /> costs incurred by the DEPARTMENT and declined reimbursement by the Federal <br /> Government. <br /> All provisions, covenants, terms and conditions of the AGREEMENT between the parties <br /> theretofore entered into of November 24, 2004, as originally set forth therein , which are not hereby <br /> expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and <br /> confirmed and shall remain the same and be unaffected by these presents. <br /> 1 of 2 <br />