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2008-399A
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2008-399A
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Last modified
4/20/2016 12:27:32 PM
Creation date
10/1/2015 1:48:16 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/09/2008
Control Number
2008-399A
Agenda Item Number
8.A.
Entity Name
The Moorings Club
Subject
Seawall Repairs Cost-Sharing Temporary Construction Easement
Area
400 and 600 Harbour Drive
Project Number
0822
Supplemental fields
SmeadsoftID
9322
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s P <br /> associated with any restoration of vegetation and damages to the project site and adjacent <br /> areas . The estimated cost of the Seawall Repairs Project 0822 is $ 77 , 580 . The Moorings <br /> agrees to fund its portion of the costs of Seawall Repairs Project 0822 , based on prorated <br /> seawall frontage as follows : The Moorings Club ' s share is estimated to be $ 34 , 660 and the <br /> County ' s share is estimated to be $42 , 920 . If the actual costs of the Project , while under <br /> construction , approach the foregoing estimates , County staff will consider construction <br /> alternatives to reduce project costs . The Moorings agrees that any reduction /addition to <br /> the prorated shares shall be adjusted based upon the following calculation of each entity ' s : <br /> 270 ft . for The Moorings and 340 ft . for the County . <br /> 4 . On or before November 12 , 2008 , The Moorings shall tender a check payable to <br /> the Indian River County Board of County Commissioners in the amount of $ 34 , 660 . The <br /> County shall deposit the check into a segregated line item of the Indian River County <br /> Board of County Commissioners specifically identified to Seawall Repairs Project 0822 . <br /> The parties acknowledge and agree that the aggregate amount of $ 77 , 580 is an estimate <br /> of the Seawall Repairs Project 0822 costs . In the event the Seawall Repairs Project 0822 <br /> costs exceed $ 77 , 580 , the County shall promptly notify The Moorings , and The Moorings <br /> shall tender a check payable to the Indian River County Board of County Commissioners <br /> in an amount sufficient to cover the pro- rata share of The Moorings ' additional costs within <br /> 10 business days . In the event the total Project costs are less than $ 77 , 580 , the County <br /> shall refund the difference to The Moorings following final payment to the contractor for <br /> Seawall Repairs Project 0822 . <br /> 5 . The Moorings acknowledges and agrees to grant to the County a temporary <br /> access easement , in substantially the form set forth on Exhibit A attached hereto and by <br /> this reference made a part hereof for purposes of constructing Seawall Repairs Project <br /> 0822 . <br /> 6 . The Moorings acknowledges and agrees promptly to review and approve , or <br /> disapprove , with specificity and in writing any and all contractor invoices as required in <br /> connection with Seawall Repairs Project 0822 and promptly return the approved , or <br /> disapproved as aforesaid , contractor invoices to the County . <br /> 7 . Any notice , request , demand , consent , approval or other communication <br /> required or permitted by this Agreement shall be given or made in writing and shall be <br /> served , as elected by the party giving such notice , by any of the following methods : ( 1 ) <br /> Hand delivery to the other party ; or ( 2 ) Delivery by commercial overnight courier service ; or <br /> ( 3 ) Mailed by registered or certified mail ( postage prepaid ) , return receipt requested at the <br /> addresses of the parties shown below : <br /> Indian River County : <br /> Indian River County Public Works Department <br /> Attn : Mr . James Davis P . E . <br /> 1801 27th Street , Vero Beach , Florida 32960 <br /> The Moorings Club Inc . <br /> Attn : Craig Hunter Jones , CCM , MCFE <br /> 100 Harbour Drive , Vero Beach , Florida 32963 <br /> 2 <br />
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