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d <br />3. This agreement shall take effect on September 1, <br />1985, and shall terminate on either August 31, 1990, or, if the <br />local option gas tax is levied for less than five years, on August <br />31 of the year in which the levy terminates. This agreement shall <br />also govern the division and distribution of proceeds of the local <br />option gas tax imposed through August 31st but not collected or <br />otherwise available for distribution until after August 31st of <br />the year the agreement terminates. <br />4. If, during the term of this agreement, any party <br />hereto becomes ineligible to receive a share of the local option <br />gas tax for any reason, any funds otherwise undistributed because <br />of ineligibility shall be distributed to eligible governments <br />within COUNTY in proportion to other monies distributed pursuant <br />to Paragraph 1 herein and the share shall be calculated pursuant <br />to the formula contained within Paragraph 2 herein. <br />5. By execution of this agreement, neither the COUNTY <br />nor the CITY will be deemed to have waived any rights or remedies <br />they may have available under the laws of the State of Florida. <br />6. This agreement shall be executed in duplicate and <br />each fully executed contract shall be deemed an original instru- <br />ment. <br />7. Upon adoption of an ordinance levying the local <br />option gas tax by the COUNTY, the COUNTY shall provide the State <br />of Florida Department of Revenue the distribution proportions <br />established by this agreement prior to September 1, 1985. <br />8. A copy of this agreement and all subsequent amend- <br />ments hereto shall be recorded in the Public Records of Indian <br />River County, Florida, upon its execution by all parties hereto. <br />9. This agreement may be amended only in writing <br />approved by all parties executing this agreement. <br />IN WITNESS WHEREOF, the parties hereto have caused this <br />interlocal agreement to be executed by their duly authorized <br />officials on the day and year first above written. <br />Approv to form INDIAN RIVER COUNTY, FLORIDA <br />and gal uff'ciency: By its BOARD OF COUNTY COMMISSIONERS <br />C 4dZ1 <br />ar ,i ;,Brandenburg, on cur ock, Jr., <br />tyi;,#}ytt'one Vice Chairman <br />Attest:"' Accepted. 7-17-85 <br />Clerk: of Circuit ourt e <br />CITY OF ORCHID <br />By <br />MAYOR <br />Attest: <br />City Clerk , Pro Tem <br />-2- <br />BOOK 49 <br />