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Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA from, arising out of, or in any way connected with the calculation, assessment, collection, expenditure, or other matter related to the Public Education Facilities Impact Fee or the Ordinance as it relates to the Public Education Facilities Impact Fee, unless caused by the sole negligence, or the willful, reckless, or illegal conduct of the County or its officers, agents, or employees. SECTION 8. DURATION, TERMINATION, AND MODIFICATION. (a) This Agreement will remain in full force and effect unless terminated by the parties pursuant to the procedure set forth in subsection 8(b). (b) This Agreement may be terminated by the County or School Board upon ninety (90) days notice to the other party. In the event of termination, the County will remit to the School Board all Public Education Facilities Impact Fee funds collected prior to the termination date. The School Board will expend such funds only in accordance with the provisions of the Ordinance. (c) This Agreement may be modified at any time by the mutual consent of the parties and in the same manner as its original adoption. SECTION 9. NOTICE. (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows: If to the County: County Administrator, Indian River County 1840 25th Street Vero Beach, Florida 32960 If to the School Board: Superintendent, Indian River County School District 1990 25th Street Vero Beach, Florida 32960 (b) The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company. (c) The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. SECTION 10. GOVERNING LAW. This. Agreement, and its interpretation and performance, shall be governed and construed by the applicable laws of the State of Florida. Page 6 of 8 147