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LA AMENDMENT No: 1 DEP AGREEMENT No: 07IR3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR AMBERSAND BEACH NOURISHMENT THIS AGREEMENT as entered into on the 8`' day of January, 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the INDIAN RIVER COUNTY, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: • Paragraphs 1, 7, 8, 13, 14, 15, 19, and 22 are hereby revised to read as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the AMBERSAND BEACH NOURISHMENT, (hereafter referred to as the PROJECT), as defined in Attachment A-1 (Project Work Plan), attached hereto and made a part hereof, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 7. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TARTS 1 Task # Eligible Project Tasks Estimated Project Costs Federal DEP Local Total 2.0 Design and Permitting Pre -construction Biological 2.1 Monitoring $0 $935979 $107,477 $2015456 4.0 Monitoring 4.1 Environmental Monitoring $0 $155388 $179598 $32,986 4.2 Physical Monitoring $0 $20,080 $225964 $43,044 2008/2009 Post -Construction 4.3 Monitoring $0 $3923092 1 $448,405 $840,497 TOTAL PROJECT COSTS $0 $521,539 1 $596,444 Lsl,117,983 8. The DEPARTMENT has determined that 93.30 percent of the PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $521,539 for this PROJECT or up to 46.65 percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. DEP Agreement No. 07IR3, Amendment No, 1, Page 1 of 4