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FY2007-2009 TDC Funding 1st Amendment 05/21/2008 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 28, 2008 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Hanc~ Deputy Clerk At the May 21, 2008, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Amendment (1st Amendment) to Agreement between Monroe County and Dolphin Research Center to extend the termination date for the Dolphin Research Center Parking Area Project. Amendment (1st Amendment) to Agreement between Monroe County and Florida Keys Land and Sea Trust, Inc. to extend date of Agreement to revise Exhibit A and extend Agreement to June 30, 2009. Amendment (1st Amendment) to Agreement between Monroe County and The Key West Harry S. Truman Foundation, Inc. to extend Agreement for the Upgrade of the Little White House HV AC System. Agre(:ment between Monroe County and Prange & O'Hearn, Inc. (d/b/a Insights, Inc.) to provide Visitor Profile Survey Services for the Monroe County Tourist Development Council. Amendment (I st Amendment) to Agreement between Monroe County and the Rotary Club of Key Largo, Inc. to revise invoice submission dates for the Take Stock in Children Backcountry Challenge 2007. Amendment (I st Amendment) to Agreement between Monroe County and Lower Keys Chamber of Commerce, Inc. to revise Exhibit B of the Underwater Music Festival. Amendment (1st Amendment) to Interlocal Agreement between Monroe County and the City of Key West to revise Exhibit A allowing sand to be placed on Rest Beach instead of Smathers Beach. /Amendment to lnterlocal Agreement between Monroe County and the City of Key West to extend the Agreement for $750,000 for the sinking of the Vandenberg to September 30, 2009. Enclosed are two duplicate originals of each of the above-mentioned for your handling. Should you have any questions please feel free to contact our office. cc: Counly Attorney Finance File AMENDMENT TO INTER-LOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST FOR USE OF TOURIST DEVELOPMENT FUNDS This Amendment is made and entered into this d/~ay of May 2008, by and between Monroe County, a political subdivision of the State of Florida ("County") on behalf of the Tourist Development Council ("TDC"), and the City of Key West, a municipal corporation ("City"). WHEREAS, the County and City entered into an agreement on October 18, 2006, whereby Monroe County agreed to provide $750,000.00 in funding for the sinking of the Vandenberg (the "Vandenberg Project") from District Advisory Council 1 ("DAC 1") Third Penny Capital Project Resources funds, of which $375,000.00 would come from FY 2007 and $375,000.00 would come from FY 2008; and WHEREAS, the Agreement provided that the sinking would be completed, all documentation would be submitted by the City to the County for payment, and the Agreement would terminate on September 30, 2008; and WHEREAS, it has become necessary to extend the contract by one (1) year, to September 30, 2009, in order to complete the Vandenberg Project. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to an amendment of the Agreement as follows: 'I. The first sentence of Paragraph 2 of the Agreement is amended to read as follows: "This Agreement is for the period of October 18,2006 through to September 30, 2009." :~. The second and third sentences of Paragraph 3 of the Agreement are hereby amended to read as follows: "The sinking of the vessel must be completed before payment is made and by the stated Agreement termination date of September 30, 2009. Prior to payment, which is solely for the sinking of the vessel, documentation showing proof of permitting - ACOE, FDEP, FKNMS, Vessel preparation - all cleaning and reef preparation; and Transportation -- Towin~1 to yard and reef site shall be submitted to the Finance Department of Monroe! County by no later than September 30, 2009." :1. The last two sentences of Paragraph 4 of the Agreement are hereby amended to read as follows: "Grantee must submit all documentation for final payment on or before the termination date of this grant of September 30, 2009. Invoices received after September 30, 2009 will not be considered for payment." 4. The fourth sentence of Paragraph 5 is hereby amended to read as follows: "Records shall be kept for a period of five (5) years following September 30, 200B." 5. The first sentence of Paragraph 13 of the Agreement is hereby amended to read as follows: "This Agreement shall terminate on September 30, 2009." 6. All remaining provisions of the Agreement dated October 18, 2006 remain iin force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATT~~ "'~~k " 'C'<~ liil[&;''; .. / .rr. --) 1,:\, (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK G~~ DeptJty Clerk BOARD OF COUNTY COMMISSIONERS OF MON COUNTY, FLORIDA . yor/Chairma~ ~,' z .Io;lJ' ~:-:~ ,...., = = co ::II: :x> -< N co c-::~ /',.' . -u :l:: 't? c.n en ", ~; ,- I ~ ::;.., MONROE COUNTY ATTORNEY A~S ~1tlM: YNTHIA t. ALL ASSISTANT COUNTY ATTORNEY Date If - 1- 'U)()fj 2