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. nis document was prepeurod by <br /> aud' shcit>�<l Le ret c'alr'} 10 AMENDMENT TO INTERLOCAL AGREEMENT FOR <br /> the f 1 r:,trttior : e'y a; _ ` j3r� SECTORS 1 & 2 RENOURISHMENT COST SHARING <br /> 1840 2 Ali St. , ''e.o T �-1 , <br /> FToriva N Amendment to Interlocal Agreement ("Amendment") is entered into effective as <br /> of March 6 , 2007 (" Effective Date") , by and between INDIAN RIVER COUNTY, a political <br /> subdivision of the State of Florida ("County") ; and Sebastian Inlet Tax District (" District") an <br /> independent special taxing district established under a charter set forth in Special Act <br /> Chapter 2003-373 enacted by the Florida Legislature to maintain the navigability of the <br /> Sebastian Inlet. <br /> BACKGROUND RECITALS <br /> A. Effective November 15 , 2005 , the County and the District entered into the Interlocal <br /> Agreement for 2005 Sectors 1 & 2 Renourishment Cost-Sharing ("Agreement") . <br /> B . The County and the District desire to amend the Agreement by labeling the existing <br /> paragraph 4 as paragraph 4A and adding a new paragraph 4B all as set forth in this <br /> Amendment. <br /> C . The County and the District desire to waive the requirement in paragraph 9 of the <br /> Agreement that provides : "A party requesting an amendment to this Agreement must <br /> propose such amendment in writing to the other party at least ninety ( 90) days prior to the <br /> proposed effective date of the amendment. " <br /> NOW THEREFORE , for good and valuable consideration , the receipt and <br /> sufficiency of which is hereby acknowledged , the parties hereto , intending to be legally <br /> bound , covenant and agree to amend the Jail Agreement as follows : <br /> 1 . The background recitals are true and correct and form a material part of this <br /> Amendment . <br /> 2 . From and after the effective date of this Amendment, paragraph 4 . <br /> Reimbursement. is amended in its entirety to read : <br /> 4A . The District will reimburse the County for a portion of the local share of the <br /> Project cost based on the percentage of the total volume of beach compatible materials <br /> obtained from the Sebastian Inlet sand trap and placed on the Project. The District's <br /> percentage share of the Project cost will be determined by: Volume derived from the <br /> Sebastian Inlet sand trap divided by the total Project beach volume placed , times 5% . The <br /> foregoing percentage will be applied to the total Project cost. Volumes will be calculated <br /> from beach surveys as set forth in the construction contract between the County and the <br /> duly awarded dredging contractor. The County and the District acknowledge and agree <br /> that , within fourteen ( 14) calendar days after receipt by the County of final certified survey <br /> data establishing the final pay volume , the County shall prepare and send an invoice to <br /> the District; and , thereafter, and within the time limits of the Local Government Prompt <br /> Payment Act, Florida Statutes section 218 . 70 et. seq . (2005) the District shall pay the <br /> invoice amount to the County. <br /> 1828048 <br /> THIS DOCUMENT HAS BEEN RECORDED <br /> IN THE PUBLIC RECORDS OF <br /> INDIAN RIVER COUNTY FL 1 <br /> BK: 2143 PG : 1861 , Pagel of 3 <br /> 0311412007 at 03:46 PM, <br /> JEFFREY K BARTON, CLERK OF <br /> COURT <br />