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SCID AMENDMENT No : 1 DEP AGREEMENT No : 115I111 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 DUNE RESTORATION PROJECT THIS AGREEMENT as entered into on the 15 "' day of March, 2005 , 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 7 and 9 are hereby revised to read as follows : 7 . A . The DEPARTMENT's financial obligation shall not exceed the sum of $ 10 ,030 ,000 for this PROJECT or up to 90 . 91 percent of the non-federal PROJECT cost, if applicable, whichever is less . The LOCAL SPONSOR agrees that any costs which exceed the estimated PROJECT costs shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. B . LOCAL SPONSOR shall provide the local match required by Section 3 of Chapter 2004-475 , Laws of Florida, unless such matching requirement is waived or reduced by the Executive Office of the Governor pursuant to the provisions of Chapter 2004-475 , Laws of Florida . LOCAL SPONSOR shall document to the DEPARTMENT any matching funds waiver or reduction upon receipt from the Executive Office of the Governor, unless such waiver has been obtained through the DEPARTMENT . C . The DEPARTMENT shall authorize payments in the amount of 90 . 91 percent of total eligible project costs, subject to the funding limits established herein, on a per invoice basis . If the LOCAL SPONSOR ' s required match percentage (amount) is reduced or waived in its entirety, the payment percentage amount for all eligible costs shall be adjusted accordingly. 9 . The DEPARTMENT encourages the LOCAL SPONSOR to develop a management plan for the purposes of assessing the condition of and maintaining the project. The management plan should meet the criteria established by FEMA to qualify for Public Assistance funding under Category G : Permanent Work, as an Improved Beach . Maintenance activities undertaken subsequent to construction of the PROJECT shall be eligible for future state cost share consideration under the Florida Beach Management Funding Assistance Program, pursuant to Rule 62B -36, Florida Administrative Code, provided a management plan has been reviewed and approved by the DEPARTMENT . 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 . H5IR1 , Amendment No . 1 , P age 1 of 2