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