HomeMy WebLinkAbout2005-147 SE? MXMNT AGREF.l1IM
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TItANSN31P-tATION
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 BcacI4 Florida 32960,
hereinafter referred to as "COUNTY."
WHEREAS, the DEPARTMENT and the COUNTY entered into three Local Agency
Prograrn Agreements Onreinafter referred to as LAP Agreements) bearing the following contract
numbers, dates of execution and dates of expiration:
Contract No. execution Leta Epjrittion Date
AH923 January 12, 2000 January 1 , 2001
A072 March 28, 2000 January 1 , 2001
AIS97 June 21., 2000 January 1 , 2001
WHEREAS, prior to the expiration of the three Lap Agreements, the COUNTY
requested a time extension far each of them, and
WHEREAS, as a result of administrative inadvertence, these throe L.AP 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 sante by the COUNTY, each of the LAP Agreements had expired;
.
and STATE OF ` FL6knA
INDIAN RIVER CCIIMtYY
Page 1 of 4 THIS IS TO CERTIFY THAT TMS IS
A TRqi AWD r.QRRK4 COPY Of
THE ORIGINAL ON• .•4i��
9FF. Q
41
, ' Q)IFF*EY K . i1A ON , CLERK
BY-
DATE
orm
WHEREAS, ft unpaid invoice for Contract No. Al is in the int of<)w
4unared Srown wu=c d Kim40wmd � � E�� Lblkix��4rtd - �i fJ hrti (anti
and
WHEREAS, the unpaid invoice for Contract No. AI372 is in the arnou nt of
f{ urclrcc! 2 Tnat d four tEtxidred `Thirty Dollarb And l=spniooro
We Coots (M 119:;4*92�sjl
Ob
and 2 Y414W , 4b )
WHEREAS, the unpaid invoice for Contract No.. A1597 is in the ainou nt of One Hundred
Tar TWMW Dollars And No Cents (Sl 10,000.00); and
WHEREAS,, the total sum ofthe three outstanding IAF Agre6emernt invoices a in the
RV6 i4ordw EIGVm TvuSor�d ` tt& •t-}txtim a ►3rnrhy 14oMp DOIMb And
amount of ' e
111119 Salm Canon ( 16 5111 bR9 .41)
and
5 Sit, 39947
WHEREAS, ft parties agnea that :thc sum of $r ",•.�- .Ig remains unpaid; and
WHEREAS, the COUNTY has asserted a colorable legal claim 'in support of its demand
for payment; . and
W.HFMASv the DEPARTMENT by wring into this Agreigmelt, dmits no liability
for payment of the work provided by the COUNTY.
NORM, THEREFORE. ' consideration of this mutual c0Ve newts crnnnWned h"n, the
parties agree as follows:
1 . The recitals herennbesforc set forth are true and correct and aro, deeaned to be
incorporated herein.
24 upon receipt of payment w provided in paragraph number three below, the COUNTY
for itself, and for its attomeys, heirs, executors, or administrators, does hereby discharge the State
Pap 2 of 4
of Florida Dent of spolud. �a, and its agents, n sermWv% and atmrneys of 9M
from all .claims, demands, actions; causes of action, suits, damages, to , 4md
end every aettue whatsoever, :arising out of or in anyway related to tfne=ire+ cf -d
contracts; wro�lc l +ark�m ed in can tinction adttr or orn said contracts, and any invoices far such
work includin& but not limited to; tlic>x clainns assated or other. claims that were car may be
asserted in any Federal, date, or jocal agency or court. by or on .behalf of the COUNTY,
3, The DZPARTl1'fEM h rein agrees to submat to the Chief Financial Officer of the
riVG4lX1C reA EI&^ 7h0i)eaw `thm a fjUWMd Alnc}y 41rot
Mate of Florida for payment of
DO (1Qrb Ard 5WM 6:nib ( 6 511 ,399 A7 )
13011M Ircl
7. 191 . 499 in full and complete satisfaction of any amounts or
costs associated with the work performed by the COUNTY and any claims and invoices
aasociatod tharew th, or with any other written or verbal supplementation and/or renewal ti to,
iincludwg all iintomt and costs and fees Associated with the claim mutters referenced h
4. 'Brio Amt is contingent upon approval by the Chief Financial Officer of the
State of Florida: Until snuff s royal is received, the DEPAR.ThIVff has no obligation to
MAC any paytnmts pursuant to this Agreemmt.
5.. The parties to this Agrw hent anther agree and covenant that this .Agreement is
binding on the parties, their heirs-aWaw, and their assigns and successors in interest as evidenced
by their signatures and lawful executions below.
G. Allterms ,and.. conditions of this settlement are fully sal. forth in this document and no
Other material tam outside this document,
IN WITNESS Wl€Ii M01r, the parties hereto have caused these presents to be executed,
Page 3 of 4
the date first above written.
BOARD OF COUNTY COMMISSIONERS
STATE OF RII�r" D A�"t"`1Vi}�t"T
INDIAN CC3I1N" FLORWA O SPO ATI.
BY:
BCC Approved : tJ /05 2 3 ° P.E., Secretary .,
Prurted Name:_ Kenneth R HaCht
T[TLE:
r
ATTES
PAT RMICIA U. R1DUt.Y CLERK3
FOR DEPARTIMM USE ONLY
"CENTRAL EllC3T CO �R
OI.,LBR AP ROYAL
OWNER BY -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
qL s/
(Signature)
(Printed name and title)
Approved by BCC May n n � •�..--Kw���
RW"t r Nv4r Citimy Awevad 0M#
ATTEST : ieaFan ^
Jeffrey K. Barton, Clerk of Circuit Court
Mar
400
or
Deputy Cler
Approved as to For n Leg Sufficiency:
i iam G. oil ns II, County Attorney
Page 4 of4
J eph A. 'rd, County Adminlstrator