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2017-123
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Last modified
8/18/2017 1:53:02 PM
Creation date
8/18/2017 1:48:39 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/15/2017
Control Number
2017-123
Agenda Item Number
8PP.
Entity Name
Florida Department of Transportation
Mermaid Carwash Mark's Mobil and Harbora House
Subject
Right of Way Acquisition for SR 60 and 43rd Avenue
Locally Funded Agreement
Alternate Name
Intersection Improvement Project
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iai'Cia CN LAST PACE <br />J.R. SMITH, CLERK <br />B. If the Project costs are in excess of the advance deposit amount, the COUNTY will <br />provide an additional deposit within fourteen (14) calendar days of notification from <br />the DEPARTMENT. The DEPARTMENT will notify the COUNTY as soon as it <br />becomes apparent that Project costs are in excess of the advance deposit amount; <br />however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the <br />COUNTY from its obligation to pay for its full participation. If the COUNTY cannot <br />provide the additional deposit within fourteen (14) calendar days, a letter must be <br />submitted to and approved by the DEPARTMENT'S Project manager indicating <br />when the deposit will be made. The COUNTY understands the request and approval <br />of the additional time could delay the Project, and additional costs may be incurred <br />due to delay of the Project. <br />C. When Project modifications occur that increase the COUNTY'S payment of total <br />Project costs, the COUNTY will be notified by the DEPARTMENT. The COUNTY <br />agrees to provide, without delay, in advance of the additional work being performed, <br />adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient <br />to fully fund the cost of the Project. The DEPARTMENT shall notify the COUNTY as <br />soon as it becomes apparent the actual costs will exceed the deposit amount. <br />However, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the <br />COUNTY from its obligation to pay for its full participation. Funds due from the <br />COUNTY during the Project not paid within forty (40) calendar days from the date of <br />the invoice are subject to an interest charge at a rate established pursuant to Section <br />55.03, F.S. In the event the COUNTY fails to make the additional payment within the <br />time hereinabove set forth, in addition to any other remedy, the DEPARTMENT reserves <br />the right to terminate this Agreement <br />D. The DEPARTMENT intends to have its final and complete accounting of all costs <br />incurred in connection with the work performed hereunder within three hundred sixty <br />days (360) of final payment to the Consultant. The DEPARTMENT considers the <br />Project complete when the DEPARTMENT provides the COUNTY with written notice <br />of its acceptance of the Project. Such written acceptance by the DEPARTMENT <br />shall serve as evidence that all three (3) parcels acquired by the COUNTY are in <br />compliance with the Uniform Act. All Project cost records and accounts shall be <br />subject to audit by a representative of the COUNTY for a period of three (3) years <br />after final close out of the Project. The COUNTY will be notified of the final cost. <br />Both parties agree that in the event the final accounting of total Project costs <br />pursuant to the terms of this Agreement is less than the total deposits to date, a <br />refund of the excess will be made by the DEPARTMENT to the COUNTY. If the final <br />accounting is not performed within three hundred sixty (360) days, the COUNTY is <br />not relieved from its obligation to pay. <br />E. In the event the final accounting of total Project costs is greater than the total <br />deposits to date, the COUNTY will pay the additional amount within forty (40) <br />calendar days from the date of the invoice from the DEPARTMENT. The COUNTY <br />agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on <br />Page 3 <br />
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