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, . t � 'r J DEP AGREEMENT No : H5IR1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS 2004 HURRICANE RECOVERY PLAN STATE OF FLORIDA GRANT AGREEMENT FOR INDIAN RIVER COUNTY DUNE RESTORATION PROJECT THIS AGREEMENT is entered into 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 `h Street, Vero Beach, Florida 32960 , a local government, (hereinafter referred to as the " LOCAL SPONSOR" ) for the project described herein . WHEREAS , the DEPARTMENT developed the 2004 Hurricane Recovery Plan for Florida's Beach and Dune System (herein referred to as the " PLAN" ) that contains management strategies to assist in the recovery of the state's beaches ; and, WHEREAS the 2004 special session of the Florida Legislature appropriated funding to implement the management strategies contained in the PLAN; and, WHEREAS the LOCAL SPONSOR has the capabilities to implement the PLAN strategies as described herein . NOW, THEREFORE , in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows : I . The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the INDIAN RIVER COUNTY DUNE RESTORATION PROJECT, (hereafter referred to as the PROJECT) , as defined in Attachment A (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 the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2 . This Agreement shall begin on the last date executed and end on July 1 , 2006 . Pursuant to Section 161 . 101 ( 18) , Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after February 1 , 2005 , 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 . DEP Agreement No . H51Rl , Page 1 of 9