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1st Amendment 12/16/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: .January 5, 2010 TO: Dent Pierce, Director Public Works Division A TTN: Beth Leto, Assistant Director Public Works Division Pamela G. Hanc~ FROM: At the December 16,2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of the Joint Use Park 1st Amendment to the lnterocal Agreement between Monroe County and the School Board of Monroe County. Enclosed is a copy of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File ./ JOINT USE PARK 1 ST AMENDMENT TO mE INTERLOCAL AGREEMENT This agreement is made and entered into by Monroe County (hereafter "County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040 and the School Board Of Monroe County (hereafter "School Board"), as the contracting agent for the School District of Monroe County, a public agency of the State of Florida WHEREAS, the County and the School Board entered in to an interlocal agreement on April 20, 2005 to develop a joint use park on the Sugarloaf School grounds; and WHEREAS, the interlocal agreement provided for payment by the County of half the maintenance cost, 1 00% of electric costs for lighting, half of water costs, and half of sewerage costs once connected to a wastewater treatment plant, upon proper invoicing by the school board; and WHERAS, the School Board and the County desire to simplify and streamline the invoicing and payment process; and WHEREAS, the County is willing to contribute a fixed amount on a quarterly basis for all costs associated with utilities and maintenance and the School Board is willing to accept a fixed amount for utilities and maintenance on a quarterly basis, NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: SECTION 1. Paragraph lIB of the original agreement is amended to read as follows: B. MAINTENANCE. School Board is responsible for the implementation of adequate maintenance procedures to keep the real property and improvements in good operating condition. County shall pay $8.000.00 quarterly to reimburse School Board for cost of all utilities and maintenance, upon receipt of a properly documented invoice and pursuant to the Florida Prompt Payment Act. Funding under this provision of the agreement is contingent upon annual appropriation by the County governing board. SECTION 2. All other provisions of the original April 20, 2005 interlocal agreement not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its dulY'authorized representative the date first written above. '- o Q: o CJ W 0= Ct: o LL o l.t.J -J - lL. (SEALj \\r' BOARD OF COUNTY COMMISSIONERS ~. -"',,!;- ';~~~YL. KOLHAGE, CLERK '~. . ~ t rr:r :;;;'r- ~ J -J .. c..:, LL - <=I: ,....: ').,.: :r:: u ,; z: a... By OF MONROE COUNTY, FLORIDA ~ Mayor rf~ ~... .--.~ ~~~ U {=) ..::r -.J ;t::: C...J .... c::: t..1....1 Z .::; Ll.J Cl ~ d_ -J c:.- e,., ;Z(..)~ acAtrj '"""- :J~': ~ ~ ~ DEe 1 6 2009 Date .....;...0"'...... '.... " . SCHOOL BOARD OF MONROE COUNTY By ~ c~~n J L I / 1, O~ Date