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JUN 18 1990 Boos 43 PAcE 802 COMMISSIONER WODTKE INQUIRED ABOUT THE STATUS OF AN INTER- LOCAL AGREEMENT WHEREBY THE TOWN OF INDIAN RIVER SHORES WOULD SOME- TIME IN THE FUTURE REQUEST SOME ALLOCATION OUT OF THE PHASE 2 PLAN, AND ATTORNEY COLLINS STATED THAT THE TOWN DID REQUEST THIS, BUT IT WAS QUITE IMPRACTICAL UNDER THE CIRCUMSTANCES, AND AS FAR AS HE KNEW BOTH THE CITY OF VERO BEACH AND THE COUNTY REJECTED THE REQUEST. COMMISSIONER LYONS ASKED WHAT HAPPENS IF THE COUNTY DOES NOT MEET THE DATES SET OUT IN THE IMPLEMENTATION SCHEDULE. MR. ENG STATED THAT THESE DATES ARE PLACED IN THE PLAN MERELY AS A GUIDELINE, AND THEY ADJUSTED THE DATES PERTINENT TO THE INTERLOCAL AGREEMENT. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON, TO APPROVE ADDENDUM N0. 1 TO THE INDIAN RIVER COUNTY 201 FACILITIES PLAN. ATTORNEY COLLINS ASKED IF THERE IS A SPECIFIC SCHEDULE INCLUDED WHICH RELATES TO THE CONSTRUCTION SCHEDULE AND RESPONSIBILITY FOR CONSTRUCTION AND MAINTENANCE, WHICH SETS OUT THAT THOSE ITEMS ARE LIMITED BY THE AVAILABILITY OF FEDERAL FUNDS. HE WAS OF THE OPINION THAT IF THERE IS NOT SUCH A SPECIFIC SCHEDULE, AND THE COUNTY SHOULD NOT BE ABLE TO ACCOMPLISH CERTAIN STEPS BY THE PROPOSED DATES.- THAT ATES,THAT WE WOULD BE CREATING SOME LIABILITY TO THE COUNTY FOR NON-PERFORMANCE.. MR. ENG STATED THAT THEY DO NOT HAVE SUCH A SPECIFIC DISPLAY IN THE PLAN ITSELF. HE FELT THAT THE PROPOSED SCHEDULE IS A GUIDELINE AND NOT BINDING AND THAT IT IS UNDERSTOOD WE CANNOT PROCEED WITHOUT THE GRANT, BUT HE BELIEVED THAT INCLUDING SUCH A DISCLAIMER WOULD NOT ADVERSELY AFFECT THE PLAN ONE WAY OR THE OTHER. CHAIRMAN SIEBERT FELT THAT THE ATTORNEY HAD A GOOD POINT AND THAT SUCH A DISCLAIMER COULD BE PLACED ON TOP OF TABLE 22-31 ESTIMATED IMPLEMENTATION SCHEDULE. ATTORNEY COLLINS PREFERRED THAT A STATEMENT BE INCLUDED IN THE MEAT OF THE AGREEMENT, I.E. "EVERYTHING CONTAINED HEREIN IS SUBJECT TO...." COMMISSIONER WODTKE NOTED THAT THE IMPLEMENTATION SCHEDULE IS LABELED "ESTIMATED," BUT ATTORNEY COLLINS POINTED OUT THAT WE SHOULD LIMIT OUR EXPOSURE TO LIABILITY.