HomeMy WebLinkAbout2003-190 SETTLEMENT AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
INDIAN RIVER COUNTY
THIS AGREEMENT made this day of , 2003 , between
the State of Florida Department of Transportation, an agency of the State of Florida, 3400 West
Commercial Boulevard, Fort Lauderdale, Florida 33309 , hereinafter referred to as
" DEPARTMENT, " and Indian River County, 1840 25th Street, Vero Beach, Florida 32960 ,
hereinafter referred to as " COUNTY . "
WHEREAS , the DEPARTMENT and the COUNTY entered into three Local Agency
Program Agreements (hereinafter referred to as LAP Agreements) bearing the following contract
numbers, dates of execution and dates of expiration :
Contract No , Execution Date Expiration Date
AH923 January 12 , 2000 January 1 , 2001
A1372 March 28 , 2000 January 1. , 2001
AI597 June 21 , 2000 January 1 , 2001
WHEREAS , prior to the expiration of the three Lap Agreements, the COUNTY
requested a time extension for each of them; and
WHEREAS , as a result of administrative inadvertence, these three LAP Agreements
were not timely extended; and
WHEREAS , at the time of the completion of the work set forth in each of the LAP
Agreements and invoicing for same by the COUNTY, each of the LAP Agreements had expired;
and
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WHEREAS , the unpaid invoice for Contract No . AH923 is in the amount of One
Hundred Twenty Thousand One Hundred Fifteen Dollars And Fifty Seven Cents ($ 120, 115 . 57) ;
and
WHEREAS , the unpaid invoice for Contract No . A1372 is in the amount of Two
Hundred Eighty Seven Thousand Seventy Five Dollars And Ninety Two Cents ($287, 075 . 92) ;
and
WHEREAS , the unpaid invoice for Contract No . AI597 is in the amount of One Hundred
Ten Thousand Dollars And No Cents ($ 110, 000 . 00) ; and
WHEREAS , the total sum of the three outstanding LAP Agreement invoices is in the
amount of Five Hundred Seventeen Thousand One Hundred Ninety One Dollars And Forty _Nine
Cents ($ 517, 191 . 49) ; and
WHEREAS , the parties agree that the sum of $ 517, 191 . 49 remains unpaid; and
WHEREAS , the COUNTY has asserted a colorable legal claim in support of its demand
for payment; and
WHEREAS , the DEPARTMENT by entering into this Agreement, admits no liability
for payment of the work provided by the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows :
1 . The recitals hereinbefore set forth are true and correct and are deemed to be
incorporated herein.
2 . Upon receipt of payment as provided in paragraph number three below, the COUNTY
for itself, and for its attorneys, heirs, executors, or administrators, does hereby discharge the State
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t
of Florida Department of Transportation, and its agents , representatives , and attorneys of and
from all claims , demands, actions , causes of action, suits , damages , losses , and expenses, of any
and every nature whatsoever, arising out of or in any way related to the above referenced
contracts, work performed in conjunction with or on said contracts, and any invoices for such
work including, but not limited to , those claims asserted or other claims that were or may be
asserted in any federal, state, or local agency or court, by or on behalf of the COUNTY.
3 . The DEPARTMENT herein agrees to submit to the Chief Financial Officer of the
State of Florida for payment of Five Hundred Seventeen Thousand One Hundred Ninety One
Dollars And Forty Nine Cents ($ 517, 191 . 49) in full and complete satisfaction of any amounts or
costs associated with the work performed by the COUNTY and any claims and invoices
associated therewith, or with any other written or verbal supplementation and/or renewal thereto ,
including all interest and costs and fees associated with the claim matters referenced herein.
4 . This Agreement is contingent upon approval by the Chief Financial Officer of the
State of Florida. Until such approval is received, the DEPARTMENT has no obligation to
make any payments pursuant to this Agreement.
5 . The parties to this Agreement further agree and covenant that this Agreement is
binding on the parties , their heirs-at-law, and their assigns and successors in interest as evidenced
by their signatures and lawful executions below.
6 . All terms and conditions of this settlement are fully set forth in this document and no
other material terms of settlement exist outside this document.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
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the date first above written.
BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT
INDIANR C UNTY, FLORIDA OF TRANSPORTATION
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BY BY:
(Authorized signature) Jose Abreu, P .E . , Secretary
BCC . Approved : August 5 , 2003
Printed Name : Kenneth R . Macht
TITLE : Chairman
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PATRIr1A AA : RfDGELY DEPUTY CLERK
FOR DEPARTMENT USE ONLY
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