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1st Amendment 11/17/2010DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 8, 2010 TO: Suzanne A. Hutton County Attorney klo ATTN. Kathy M. Peters Executive Assistant FROM: Isabel C. DeSantis, D.C. At the November 17, 2010, Board of County Commissioner's meeting, the Board granted approval and authorized execution Amendment to the Agreement for Expert Witness Services with Marr and Associates Appraisal Company, Inc. in connection with Galleon Bay v. Monroe County v. State of Florida (Circuit Court Case No. CAK 02-595). Attached is a copy fully executed duplicate original of the subject document for your handling. Should you have any questions, please feel free to contact this office. cc: Finance, via e-mail File AMENDMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES THIS A DMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES is made as of this ay of W t. 2010, to the Agreement for Expert Witness Services dated August 18, 2010, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT"), whose address is 5307 Pimlico Drive, Tallahassee, Florida. 32309. WITNESSETH: 1XIIEREAS, COUNTY desires to continue engaging the services of CONSULTANT in the matter of Galleon Bay v. Monroe County & State of Florida (Circuit Court Case No. CAK 02-595); NOW, THEREFORE, COUNTY and CONSULTANT agree as follows: 1. The Preamble shall be amended as follows: THIS AGREEMENT is made as of this / day of /7071a?✓ -k , 2010, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT") a Florida corporation, whose address is 5307 Pimlico Drive, Tallahassee, Florida, for expert witness and consulting services in connection with the regulatory takings cases known as Emmerts v. Monroe County v. Florida Department of Community Affairs (Circuit Court Case No. CAP-02- 520); Galleon Bay v. Monroe County & State of Florida (Circuit Court Case No. CAK 02-595); and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379) ("Litigation"); 2. Section I1 shall be amended as follows: SECTION II. COMPENSATION CONSULTANT shall be paid an hourly rate of ONE HUNDRED SEVENTY FIVE DOLLARS AND NO/cents ($175.00) for services performed under this Agreement. Compensation for services provided by CONSULTANT shall not exceed Sixty-five Thousand Dollars ($65,000.00). 3. This Amendment is effective retroactive to October 1, 2010. 3. The remaining terms of the Agreement for Expert Witness Services dated August 18, 2010, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Expert Witness Services as of the day and year first written above. 1 Date MARK AND ASSOCIATES APPRAISAL COMPANY, INC. Witnesses to CONSULTANT Name:?-: -�( Ij 671 Name: )tit A-12Y _ - i2'E (t-�-`� Signature Signature BOARD OF COUNTY COMISSIONERS OF , FLORIDA or Ca.-i'r 4 Date / 3 /o Date / o M®NMOt @®LINTY Aff@NN@V APPR®ifEB AS TO FO DEREK V. HO RD ASSISTANT CO Y ATTORNEY DATE- o rs -, Q t CA _0 cif p 2