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THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT
FOR SECTOR 3 BEACH RENOURISHMENT COST- SHARING
This FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR SECTOR 3
RENOURISHMENT COST- SHARING ( "Amendment " ) 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 , is effective on the date May 4 , 2010
2010 .
BACKGROUND RECITALS
A . The County and the District entered into an INTERLOCAL AGREEMENT FOR
SECTOR 3 RENOURISHMENT COST- SHARING ( "Agreement " ) which became effective
July 1 , 2008 . ( Identified as Exhibit "A" )
B . Indian River County currently has approved permits ( Florida Department of
Environmental Protection Joint Coastal Permit file # 0285993 - 001 -JC ) for a Sector 3 beach
restoration project that extends from DNR monuments R-20 through and including R - 55 .
The project will be constructed in two phases .
C . The Agreement executed by the parties set forth for the reimbursement of
certain cost by the District to the County based on a unit cost through a competitive bid
process .
D . The County has gone through the competitive bid process and selected an
upland sand provider to execute the beach renourishment project .
E . The County and the District recognize the total sand volume funded by the
District will be credited towards the District ' s sand bypass requirements .
NOW THEREFORE , in consideration of the mutual covenants and promises herein
contained and other good and valuable ' consideration , and intending to be legally bound ,
the County and District agree as follows :
1 . Background Recitals. The background recitals are true and correct and form
a material part of this Agreement .
2 . Amended Provisions . Paragraphs 4 and 7 of the Agreement are hereby
amended as follows :
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• 4 ) Apportionment of Costs. The District will reimburse the County for
$4 , 680 , 000 of the cost associated with 298 , 850 cubic yards of sand being
placed on the beach as part of this beach restoration project . Any balance of
funds remaining following Phase I will be applied to subsequent phases at
the contracted cubic yard rate of $ 15 . 66 . 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
for each completed phase , 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
• 7 ) Notices. Any notice , request , demand , consent , approval or other
communication required or permitted by this Agreement shall be given or
made in writing and shall be served , as elected by the party giving such
notice , by any of the following methods : ( 1 ) Hand delivery to the other party ;
or ( 2 ) Delivery by commercial overnight courier service ; or ( 3 ) Mailed by
registered or certified mail ( postage prepaid ) , return receipt requested at the
addresses of the parties shown below :
Indian River County :
Indian River County Public Works Department
Attn : Coastal Division
1801 27th Street
Vero Beach , Florida 32960
Fax : (772 ) 778 -9391
Sebastian Inlet Tax District .
Attn : Martin Smithson
114 Sixth Avenue
Indialantic , Florida 32903
Fax : ( 321 ) 951 - 8182
Notices shall be effective when received at the address as specified above .
Facsimile transmission is acceptable notice effective when received ,
provided , however , that facsimile transmissions received ( i . e . , printed ) after
5 : 00 p . m . or on weekends or holidays , will be deemed received on the next
day that is not a weekend day or a holiday . The original of the notice must
additionally be mailed . Either party may change its address , for the purposes
of this section , by written notice to the other party given in accordance with
the provisions of this section .
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3 . Term . Subject to early termination as set forth in the Agreement , this
Amendment shall commence on the Effective Date stated above and shall remain in effect
for a period of three ( 3 ) years from the Effective Date of the Agreement , unless extended
upon mutual agreement of the parties .
4 . Recordation . This Amendment shall become effective upon execution by
both parties and filing with the Clerk of the Circuit Court for Indian River County and the
Clerk of the Circuit Court for Brevard County .
5 . Controlling Provisions . Except as amended or supplemented by this
Amendment , the terms of the Agreement shall remain in full force and effect .
IN WITNESS WHEREOF , the District has approved this Amendment at a duly
noticed meeting held on � �I� I � Z, / 4J�h , 2010 and the County has approved this
Amendment at a duly noticed meeting held on May 4 , 2010 72010 .
Sebastian Inlet Tax Distri
Attest :
By :
By
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INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
°M�lv COAqA
Attest : J . K . Barton , Clerk � •
B
Seal ) Deputy Clerl� ter ry
' ' D . O ' B an Chairm
'•• ' " •� BCC approved : May 4 , 2010
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PROVED (J� APPROVED AS TO FORM
AND LEGAL SUFFICIE,NC
J seph K . ' Baird , P h
ounty Administrator e-
Alan S . Polackwich , Sr .
County Attorney
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