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