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• ORIGINAL 7 -F 0 / - ool AMENDMENT No : 5 DEP AGREEMENT No : 98IR1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR Indian River County Shore Protection Project THIS AGREEMENT as entered into on the 28"' day of August, 1998 , and amended on the 12"' day of May, 1999 , the 3`d day of November, 1999 , the 22°d day of February , 2001 , and on the 19"' day of March, 2002 , between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the ' DEPARTMENT " ) whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 and the INDIAN RIVER COUNTY , whose address is 1840 25 "' Street, Vero Beach, FL 32960 , a local government, (hereinafter referred to as the "LOCAL SPONSOR " ) is hereby amended as follows : • Paragraphs 1 — 38 are hereby deleted in their entirety and replaced with the following : 1 . The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the INDIAN RIVER COUNTY SHORE PROTECTION PROJECT , (hereafter referred to as the PROJECT) , as defined in Attachment A-2 (Project Work Plan) , attached hereto and incorporated herein by reference , 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 which are attached hereto and incorporated by reference . For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and also the terms "Grantee" , "Recipient" and "Local Sponsor" are used interchangeably . 2 . This Agreement shall begin on August 28 "', 1998 and end on October 15 , 2004 . Pursuant to Section 161 . 101 ( 18 ) , Florida Statutes , work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1 , 1998 , shall be eligible for cost sharing by the DEPARTMENT . 3 . The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT . Any and all equipment, products or materials necessary to perform these services , or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 4 . The State of Florida' s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT . 5 . The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits . The PROJECT consists of restoration and maintenance of two segments of Atlantic shoreline . The north segment is approximately 2 . 5 miles in length located south of Sebastian Inlet (DNR Reference Monuments R4-R17) . A large portion of the north segment is located within the Sebastian Inlet State Recreation Area ( SRA) . Construction costs within the SRA will be shared with the Sebastian Inlet Tax District to assist in meeting inlet bypassing requirements . The southern segment is approximately 2 . 0 miles in length (DNR Reference Monuments R37 -R48 ) . The life of the PROJECT is defined as ten ( 10) years commencing upon the completion date of the construction task under this PROJECT . The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. DEP Agreement No . 98IR1 , Amendment No . 5 , Page 1 of 8