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2006-51 FIRST AMENDMENT TO AGREEMENT BETWEEN LAKE COUNTY AND CITY OF CLERMONT RELATING TO CONTRIBUTION OF INFRASTRUCTURE SALES TAX FUNDS CAPITAL IMPROVEMENT PROJECTS This is the First Amendment to an Agreement between: LAKE COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY", through its Board of County Commissioners; AND The CITY OF CLERMONT, a municipal corporation pursuant to the laws of the State of Florida , in Lake County, Florida, its successors and assigns, hereinafter referred to as "CITY", through its CITY COMMISSION. WITNESSETH: WHEREAS, Chapter 125, Florida Statues, subsection 125.01 (1) (f), authorizes counties to provide community recreational facilities; and WHEREAS, COUNTY has allocated certain infrastructure sales tax funds for community recreational facilities for Fiscal Year 2005-2006; and WHEREAS, CITY operates community recreational facilities which provide leisure and community recreational activities for citizens of all ages, races and creeds residing in LAKE COUNTY, Florida; and WHEREAS, COUNTY is desirous of providing these leisure and community recreational activities for citizens living throughout the COUNTY; and WHEREAS, an Agreement between COUNTY and CITY relating to contribution of Infrastructure Sales Tax Funds for Recreational Facilities received final approval from the Board of County Commissioners; and WHEREAS, CITY and COUNTY desire to modify the Agreement; NOW THEREFORE, IN CONSIDERATION of the promises, mutual covenants contained herein, the parties do agree as follows: Section 1. The above recitals are true and correct and incorporated herein. Section 2. Section 3 of the Agreement is hereby amended to read as follows: If funds allocated pursuant to this Agreement are not expended by March 31, 2007, the unused funds shall be forthwith returned to COUNTY. Section 3. Section 7 of the Agreement is hereby amended to read as follows: This Agreement shall become effective on the date the last party executes the Agreement and shall continue through March 31, 2007. Section 4. All other sections of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed the First Amendment to the Agreement on the respective dates under each signature: LAKE COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the day of , 2006, and Wayne Saunders, City Manager, duly authorized to execute same on the day of , 2006. ATTEST: COUNTY James C.Watkins, Clerk of the Board of LAKE COUNTY, through its BOARD OF County Commissioners of Lake County, Florida COUNTY COMMISSIONERS Approved as to form and legality Catherine C. Hanson, Chairman Melanie Noll Marsh, Assistant County Attorney This day of , 2006 ATT T: 41r0741 one Saunders, City Manager City Clerk Ap ved as t orm and leg ty. This / day of &eekrisherr", 2006 r ( f r t