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Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees <br /> INDIAN RIVER COUNTY, FLORIDA <br /> SECTION 7. INDEMNIFICATION. <br /> To the extent allowed by law , the County will indemnify, defend, and hold <br /> harmless the City, its officers , agents , and employees from and against all liability, <br /> claims , suits , costs , and attorney fees in any manner resulting from or arising out of <br /> fees collected by the City and transmitted to the County under the terms of this <br /> Agreement and the Ordinance , unless caused by the negligence or the reckless , willful , <br /> or illegal misconduct of the City or the City ' s officers , agents , or employees . <br /> SECTION 8 . DURATION, TERMINATION, AND MODIFICATION. <br /> (a) This Agreement will remain in full force and effect unless terminated <br /> by the parties pursuant to the procedure set forth in subsection 8 (b) . <br /> (b) This Agreement may be terminated by the City or County upon ninety <br /> (90) days notice to the other party; however, termination of this Agreement does not <br /> relieve the obligation of any person undertaking development within the City or <br /> County that creates a demand for Countywide Capital Facilities from payment of <br /> Impact Fees imposed under the Ordinance . <br /> (c) This Agreement may be modified at any time by the mutual consent of <br /> the parties and in the same manner as its original adoption . <br /> SECTION 9 . NOTICE . <br /> (a) Unless specified by a party in writing otherwise, all notices, demands , <br /> or other papers required to be given or made by this Agreement , or which may be <br /> given or made, by either party to the other, will be given or made in writing and <br /> addressed as follows : <br /> If to the City: <br /> City Clerk, City of Sebastian <br /> 1225 Main Street <br /> Sebastian, FL 32958 -4165 <br /> If to the County: <br /> County Administrator, Indian River County <br /> 1840 25th Street <br /> Vero Beach, Florida 32960 <br /> (b) The parties will consider notice to be properly given if ( 1 ) <br /> personally delivered ; (2 ) sent by certified U. S . Mail , return receipt requested ; or (3 ) <br /> sent by an overnight letter delivery company. <br /> (c) The parties will consider the effective date of notice to be the date <br /> personally delivered ; or, if sent by U . S . Mail , the date of postmark ; or, if sent by an <br /> overnight letter delivery company, the date the notice was picked up by the overnight <br /> letter delivery company from the party giving notice . <br /> Page 8 of 10 <br /> April 4. 2005 <br />