Marshland Flood Control District 10/8/2019

described reduction in the amount of Pump Plant Capital Improvement Fund Contribution Payments to be made by the County and the City. 8.8 Invoicing and Payment As soon as reasonably practicable after the District has paid(or decided not to pay) into the Pump Plant Capital Improvement Fund some or all of its Pump Plant Capital Improvement Fund Contribution for a given calendar year, the District shall calculate the corresponding total amounts of the County's Increased Hillside Runoff Pump Plant Capital Improvement Fund Contribution Payment and the City's Increased Hillside Runoff Pump Plant Capital Improvement Fund Contribution Payment for the calendar year at issue and shall send a written invoice for the appropriate amount to each of them. The District shall include in the invoices sufficient documentation to support the amounts charged. The County and the City shall each pay its respective invoice within sixty(60) days of receiving same. 8.9 Additional Capital Expenditures by District Notwithstanding anything to the contrary contained elsewhere in this Agreement, the District shall have the right, in its sole discretion, at any time and from time to time during the Term of this Agreement, to dedicate additional funds and resources to its Pump Plant Capital Improvement Fund, the capital improvement fund established for the District's dikes described in Recital M, or other capital projects that are in addition to but not included within the definition of Allowable Capital Expenditures in Section 3. However, any such additional capital funding on the part of the District shall have no effect on the obligations of the County and the City to contribute to the Pump Plant Capital Improvement Fund in the amounts and subject to the conditions and limitations described in this Section 8. 9. TRUE-UP OF PUMP ELECTRICITY OPERATING COSTS As soon as reasonably possible after the close of each calendar year during the Term, but in no event later than 90 days after the close of such calendar year, the parties shall True- Up the amount of Increased Hillside Runoff Pump Electricity Operating Costs paid to the District for the calendar year at issue (the"True-Up"). The District shall provide the County and the City with its actual, documented Operating Cost data for the immediately preceding calendar year within 30 days after such data becomes available. The District's actual Operating Costs shall be divided into the three categories described in Section 2 above. The parties shall compare the amount of anticipated Pump Electricity Operating Costs calculated for the calendar year at issue to the actual Pump Electricity Operating Costs the District incurred for that calendar year. The parties shall then True-Up the amount of Increased Hillside Runoff Pump Electricity Operating Costs paid to the District by the County and the City for the calendar year at issue. If the actual Pump Electricity Operating Costs incurred by the District exceeded the anticipated Pump Electricity Operating Costs, the parties shall calculate the correct amount of the Increased Hillside Runoff Pump Electricity Operating Costs due to the District under Section 6.3 above and the amount of underpayment shall be divided between the County and the City in the proportions described in Section 7 above and INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN pg. 11 THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT 09/09/2019