Okaloosa County BOCC — May 20, 2014 — DOC050614 — reading text

FIRST AMENDMENT TO WESTERN DESTIN BEACH RESTORATION INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND THE CITY OF DESTIN (C12-1950-TDC) This FIRST AMENDMENT (“First Amendment”) to the Western Destin Beach Restoration Interlocal Agreement is entered into between Okaloosa County, Florida (“County”) and the City of Destin (“City”). WHEREAS, on April 17, 2012, the County and City entered into the Western Destin Beach Restoration Interlocal Agreement (Contract C12-1950-TDC) ("Agreement") under which the County agreed to provide funding to the City for design, permitting, construction, monitoring and management of the Western Destin Beach Restoration Project in a total amount not to exceed $8,000,000; WHEREAS, the actual construction of the Western Destin Beach Restoration Project has been completed but there continues to be additional post construction monitoring that is required as a condition of the permit; and WHEREAS, the cost for post construction monitoring will not exceed the remaining balance of funds set aside for the construction of the payment; and WHEREAS, the original expiration date under the Agreement was June 14, 2014 and the post construction monitoring will not be completed by this date; and WHEREAS, additional time is necessary for the completion of the post construction monitoring required under the Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the County and the City hereby agree as follows: 1. The above recitals are true and are incorporated herein. 2. The expiration date of the Agreement (Contract C12-1950-TDC) is hereby amended to reflect that the Agreement, as amended, will expire on December 31, 2016 rather than June 1, 2014. 3. This First Amendment and the Agreement, together with all supplements, exhibits and schedules thereto, shall embody the final, entire agreement among the parties hereto and supersede any and all prior commitments, agreements, representations and understandings, whether written or oral, relating to the Agreement or this First Amendment or the subject matter hereof, and may not be contradicted or varied by evidence of the prior, contemporaneous or subsequent oral agreements between the parties hereto. 4. All terms and conditions of the Agreement and other amendments not modified by this First Amendment remain in full force and effect. 5. This First Amendment shall be effective June 1, 2014. IN WITNESS WHEREOEF, the parties have executed this First Amendment as of the effective date by their duly authorized representatives. OKALOOSA COUNTY, FLORIDA By: Name: Title: Date: ATTEST: CITY OF DESTIN By: Name Title: Mayor Date: April 21, 2014 ATTEST: Clerk of the County PROVED AS Qorl ¢ FORM: on Co Coty Attorney Clerk of the City