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DEP vs. Indian River County Consent Order, OGC No. 17-0072 Page 8 It will take a number of days after this order is final and effective and filed with the Clerk of the Department before ability to make online payment is available. In -Kind Option In lieu of making cash payment of $10,000.00 in civil penalties as set forth in Paragraph 10 above, Respondent may elect to off -set this amount by implementing an in-kind penalty project, which must be approved by the Department. An in-kind project must be either an environmental enhancement, environmental restoration or a capital/facility improvement project. The Department may also consider the donation of environmentally sensitive land as an in-kind project. The value of the in-kind penalty project shall be one and a half times the civil penalty off -set amount, which in this case is the equivalent of at least $15,000.00. If Respondent chooses to implement an in-kind project, Respondent shall notify the Department of its election by electronic mail within 15 days of the effective date of this Consent Order. Notwithstanding the election to implement an in-kind project, payment of the remaining $500.00 in costs shall be paid within 60 days of the effective date of the Consent Order as further described in Paragraph 13, above. If Respondent elects to implement an in-kind project as provided in "In Kind Option" paragraph above, then Respondent shall comply with all of the requirements and time frames in Exhibit B entitled In -Kind Projects. 13. Except as otherwise provided, all submittals and payments required by this Order shall be sent to Jeff Christian, Department of Environmental Protection, 3301 Gun Club Rd. MSC 7210-1, West Palm Beach, FL 33406. Electronic submittal may be made at Jeff ChristianLa]dep.state.fl.us. 14. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence. Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (collectively referred to as "contractor") to whom responsibility for performance is delegated to