8/17/2016 1:18:32 PM
9/30/2015 7:11:58 PM
Official Document Type
Agenda Item Number
Florida Department of Environmental Protection
Beach Erosian Control Program/Shore Protection Project
Amendment No. 5
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• ORIGINAL 7 -F <br /> 0 / - ool <br /> AMENDMENT No : 5 <br /> DEP AGREEMENT No : 98IR1 <br /> FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION <br /> BUREAU OF BEACHES AND COASTAL SYSTEMS <br /> BEACH EROSION CONTROL PROGRAM <br /> STATE OF FLORIDA <br /> AMENDMENT TO GRANT AGREEMENT FOR <br /> Indian River County Shore Protection Project <br /> THIS AGREEMENT as entered into on the 28"' day of August, 1998 , and amended on the 12"' day <br /> of May, 1999 , the 3`d day of November, 1999 , the 22°d day of February , 2001 , and on the 19"' day of <br /> March, <br /> 2002 , between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to <br /> as the ' DEPARTMENT " ) whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 <br /> and the INDIAN RIVER COUNTY , whose address is 1840 25 "' Street, Vero Beach, FL 32960 , <br />a local <br /> government, (hereinafter referred to as the "LOCAL SPONSOR " ) is hereby amended as follows : <br /> • Paragraphs 1 — 38 are hereby deleted in their entirety and replaced with the following : <br /> 1 . The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control <br /> project known as the INDIAN RIVER COUNTY SHORE PROTECTION PROJECT , (hereafter <br /> referred to as the PROJECT) , as defined in Attachment A-2 (Project Work Plan) , attached hereto and <br /> incorporated herein by reference , and the LOCAL SPONSOR does hereby agree to perform such <br /> services as are necessary to implement the PROJECT in accordance with the terms and conditions set <br /> forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and <br /> incorporated by reference . For purposes of this Agreement, the terms "Contract" and "Agreement" are <br /> used interchangeably, and also the terms "Grantee" , "Recipient" and "Local Sponsor" are <br />used <br /> interchangeably . <br /> 2 . This Agreement shall begin on August 28 "', 1998 and end on October 15 , 2004 . Pursuant to Section <br /> 161 . 101 ( 18 ) , Florida Statutes , work conducted on this PROJECT by the LOCAL SPONSOR or its <br /> subcontractor beginning on or after July 1 , 1998 , shall be eligible for cost sharing by the <br /> DEPARTMENT . <br /> 3 . The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined <br /> by the DEPARTMENT . Any and all equipment, products or materials necessary to perform these <br /> services , or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. <br /> 4 . The State of Florida' s performance and obligation to pay under this Agreement is contingent upon an <br /> annual appropriation by the Legislature and subject to the release of funds appropriated <br /> to the <br /> DEPARTMENT . <br /> 5 . The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms <br /> and conditions set forth in this Agreement and future requisite authorizations and environmental <br /> permits . The PROJECT consists of restoration and maintenance of two segments of Atlantic shoreline . <br /> The north segment is approximately 2 . 5 miles in length located south of Sebastian Inlet <br /> (DNR <br /> Reference Monuments R4-R17) . A large portion of the north segment is located within the Sebastian <br /> Inlet State Recreation Area ( SRA) . Construction costs within the SRA will be shared with the Sebastian <br /> Inlet Tax District to assist in meeting inlet bypassing requirements . The southern segment is <br /> approximately 2 . 0 miles in length (DNR Reference Monuments R37 -R48 ) . The life of the PROJECT is <br /> defined as ten ( 10) years commencing upon the completion date of the construction task under this <br /> PROJECT . The parties expressly agree that the provisions of this paragraph shall survive and be <br /> enforceable beyond the expiration date of this Agreement. <br /> DEP Agreement No . 98IR1 , Amendment No . 5 , Page 1 of 8 <br />
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