Laserfiche WebLink
(a) Any funds from the Five Hundred Seventy Thousand and No/100 Dollars <br /> ($570,000.00) deposited into the Capital Reserve Account for the project described in <br /> Section 8.05(a)(18)of the Agreement shall also be eligible for full reimbursement from the <br /> County for any plumbing infrastructure improvements in connection with the hotel rooms <br /> and/or another location as mutually agreed by the parties(the"Plumbing Improvements"). <br /> For the avoidance of doubt, any portion of the Second Amendment Fund Amount not <br /> utilized for the project described in Section 8.05(a)(18) of the Agreement shall not be <br /> required to be returned to the County so long as such portion is utilized for the Plumbing <br /> Improvements. <br /> (b) Pursuant to Section 8.01 of the Agreement and notwithstanding anything to the <br /> contrary contained in the Agreement, the County hereby approves the Five Hundred <br /> Seventy Thousand and No/100 Dollars ($570,000.00) referenced in Section 2(a) of this <br /> Third Amendment to also be used by Verotown to perform the Plumbing Improvements in <br /> accordance with the terms of this Third Amendment and such amount shall not be subject <br /> to any restriction outlined in Section 8.02 of the Agreement.Notwithstanding Section 8.01 <br /> of the Agreement,Verotown is not required to obtain County's approval in connection with <br /> the Plumbing Improvements or Verotown's performance of any work associated therewith <br /> (including, without limitation, any plans, drawings, selected materials or design features); <br /> provided, however, that Verotown is required to obtain all necessary site plan approvals <br /> and building department permits as required by law. The provisions of Section 8.03 shall <br /> apply to disbursement of the Five Hundred Seventy Thousand and No/100 Dollars <br /> ($570,000.00)referenced in Section 2(a)of this Third Amendment. <br /> 3. Bid Process. The County hereby finds that it is in the best interest of the County and its <br /> citizens to waive the requirements for bids and a public procurement process pursuant to <br /> the process defined by the Indian River County ordinance and hereby contracts with <br /> Verotown, as the lessee pursuant to the Agreement, to oversee and manage the Plumbing <br /> Improvements. As such, Verotown is hereby authorized to independently determine the <br /> selection of any contractors, subcontractors, materialmen and/or agents to perform the <br /> Plumbing Improvements. <br /> 4. Effect of Third Amendment. Except as specifically amended by this Third Amendment, <br /> the Agreement shall remain in full force and effect and as modified hereby,the Agreement <br /> is ratified and confirmed in all respects. If any of the provisions of this Third Amendment, <br /> or the application thereof to any person or circumstance, shall,to any extent,be invalid or <br /> unenforceable, the remainder of this Third Amendment or the circumstances other than <br /> those as to whom or which it is held invalid or unenforceable shall not be affected thereby, <br /> and every provision of this Third Amendment shall be valid and enforceable to the fullest <br /> extent permitted by law. In the event of any conflict between the terms of this Third <br /> Amendment and the terms of the Agreement,this Third Amendment shall control. <br /> 5. Counterparts. This Third Amendment may be executed in two or more counterparts, and, <br /> when so executed,will have the same force and effect as though all signatures appeared on <br /> a single document. Any signature pages of this Third Amendment may be detached from <br /> any counterpart without impairing the legal effect of any signature thereon and may be <br /> attached to another counterpart identical in form thereto but having attached to it one or <br /> 2 <br />