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I Contract #SI308XA AGREEMENT BETWEEN THE ST . JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR CONTROLLING ABANDONED ARTESIAN WELLS THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST . JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District") , whose address is 4049 Reid Street, Palatka, Florida 32177 , and INDIAN RIVER COUNTY ("the County") , whose address is 1840 25 `h Street, Vero Beach, Florida 32960 . WITNESSETH THAT . WHEREAS , the District is a special taxing district created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373 , Fla . Stat . , whose geographical boundaries encompass Indian River County; and WHEREAS , pursuant to Section 373 . 207( l ) , Fla . Stat. , the Florida legislature has directed the water management districts of the state to locate all known abandoned artesian wells , and to ensure that each well is properly controlled ; and WHEREAS , the County is a public body and is empowered to enter into an agreement with the District for the purposes of conserving and protecting water resources in Indian River County; and WHEREAS , the District has determined that its needs will be best served by entering into an Agreement for services and revenue that can be provided by the County . NOW THEREFORE , in consideration of the premises which are made a part of this agreement, and the mutual covenants contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto , each intending to be legally bound, agree as follows . ARTICLE I - TERM A . Term . The term of this Agreement shall be from the Effective Date to the Completion Date . 1 . Effective Date. The Effective Date of this Agreement shall be the date upon which the last party to this Agreement has dated and executed the same ; provided, however, that in the event a date other than the aforesaid is set forth below in this section, that date shall be the Effective Date . In lieu of the aforesaid Effective Date, the Effective Date of this Agreement shall be October 1 , 2004 . 2 . Completion Date. The Completion Date of this Agreement shall be no later than September 30 , 2007 , unless extended by mutual written agreement of the parties . All Work under this Agreement shall be completed for use no later than the Completion Date . B . Time is of the Essence. The Commencement Date and Completion Date are essential conditions hereof. In addition , time is of the essence for each and every aspect of this Agreement . Where additional time is allowed for the completion of the Work, the new time limit shall also be of the essence . Page 1 of 10