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2 . In addition to the $4 , 300 , 000 . 00 referred to in paragraph 2 of the Funding <br /> Agreement, and upon execution of this First Amendment, and on or before <br /> January 31 , 2007 , the COUNTY and the CLERK shall transfer or cause to be <br /> transferred to the FOUNDATION an additional $ 1 , 200 , 000 . 00 for a total of <br /> $ 5 , 500 , 000 . 00 which total amount with any earned interest thereon as set forth in <br /> the Funding Agreement shall be considered the COUNTY contribution to be <br /> deposited in a separate capital facilities matching account and maintained in a <br /> qualified depository as defined in the Florida Statutes , Section 280 . 02 (2006) and <br /> located in the State of Florida (hereinafter a "Qualified Public Depository") and <br /> referred to as the " Foundation Matching Account" and held invested and <br /> disbursed as provided in the Funding Agreement. <br /> 3 . The TRUSTEES and FOUNDATION agree to apply for matching funds from the <br /> Florida Legislature in connection with the additional $ 1 , 200 , 000 . 00 amount set <br /> forth in this First Amendment. Immediately upon receipt by the TRUSTEES of <br /> any and all appropriations by the Florida Legislature for the Library Facility, the <br /> TRUSTEES shall promptly deposit same into a separate Capital Facilities <br /> Matching Account, maintained in a Qualified Public Depository, which shall be <br /> included in the Trustees Matching Account , all as set forth in Paragraph 3 . 2 of <br /> the Funding Agreement. <br /> 4 . The COUNTY shall contribute an additional $ 500 , 000 . 00 in construction funds <br /> received in accordance with a grant from the State of Florida in the form of <br /> reimbursed funds that are not eligible for matching funds . <br /> 5 . All other provisions of the Funding Agreement not in conflict herewith are hereby <br /> ratified and confirmed and shall remain in full force and effect. <br /> IN WITNESS WHEREOF , the parties hereto have made and executed this First <br /> Amendment effective as of December 19 , 2006 <br /> ATTEST: Jeffrey K. Barton , Clerk INDIAN RIVER ,� VNTY, FLORIDA <br /> BOARD Op'COUNt,*i,�oMMISIONERS <br /> By z <br /> y Clerk Bye r <br /> airy 0 Meeter Chairman <br /> BCC A0*6\ ed December 19 , 2006 <br /> Approved : Approved as to form and legal sufficiency: <br /> f' <br /> N � <br /> seph A. aird , County Administrator M�nFell, Assistant County Attorn%y <br /> 2 <br />