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FM No: 230872148/41 /42/43/45
FEID No : 596-000473 D � r� 010140�
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED AGREEMENT
THIS AGREEMENT, entered into this day of 200_1 by and between the State of
Florida Department of Transportation hereinafter called the DEPARTMENT, and the Indian River County,
located at 1840 2e Street, Vero Beach , Florida 32960 , hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS , the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make
certain improvements in connection with State FM Number 230872-1 -413/41 /42/43/45-01 for Right of Way
Acquisition along 16"'/17"' Street from 500' W . of 14"' Avenue to US= 1 in Indian River County, Florida .
The purpose of the LFA is to allow for the commencement of ROW Phase on this project. The original LFA
for this project was executed for the Engineering Design Phase . Under this LFA the following R/W phases will
be performed : 413- OPS , 41 - Support, 42- Consultants , 43- Land , 45- Relocation , 46- Utility Replacement.
Also , five parcels { 101 , 1029 103 ( Fee) , and 701 , 702 (TCE )) have been identified .
WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it
would be more practical , expeditious , and economical for the DEPARTMENT to perform such activities ; and ,
WHEREAS, the PARTICIPANT by Resolution No .2003 - 160 adopted on 12 - 09 , 2003, a copy of
which is attached hereto and made a part hereof , authorizes the proper officials to enter
into this
AGREEMENT .
NOW , THEREFORE , in consideration of the mutual benefits to be derived from joint participation on the
PROJECT , the parties agree to the following :
1 . The recitals set forth above are true and correct and are deemed incorporated herein .
2 . The DEPARTMENT shall be responsible for assuring that the Project complies with all
applicable Federal , State and Local laws , rules , regulations , guidelines and standards .
3 . The PARTICIPANT agrees to make all previous studies , maps , drawings , surveys and other
data and information pertaining to the Project available to the DEPARTMENT at no extra cost.
4 . The DEPARTMENT shall have the sole responsibility for resolving claims and requests for
additional work for the Project . The DEPARTMENT will make reasonable efforts to obtain the
PARTICIPANT input in its decisions .
5 . The total project cost is estimated to be SEVEN HUNDRED TWENTY ONE THOUSAND
EIGHTY TWO DOLLARS ($7219082.00) . The total PARTICIPANTS share is estimated to be a
payment of NINETY THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS ($909135 .00),
which is 12 .5% of the project cost. In the event PARTICIPANT' S share of the project cost is
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more than the estimated NINETY THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS
r ($90, 135 .00) , the PARTICIPANT will be obligated to pay the increased cost. If the
PARTICIPANT' S share of the project cost is less than the estimated NINETY THOUSAND
ONE HUNDRED THIRTY FIVE DOLLARS ($90 , 135 .00) , the DEPARTMENT will refund the
difference to the PARTICIPANT once the acquisition is completed and accepted by the
DEPARTMENT.
The PARTICIPANT agrees that it will , within thirty (30 ) days of execution of this Agreement,
furnish the DEPARTMENT with a check in the amount of NINETY THOUSAND ONE
HUNDRED THIRTY FIVE DOLLARS ($90 , 135 .00) towards the Project Costs . Payment shall
be clearly marked to indicate that it is to be applied to FM Project No . .
230872- 1 -
4B/41 /42/43/45-01 .
Remittance shall be made payable to the Department of Transportation . Payment shall be
clearly marked to indicate that it is to be applied to FM Project No . : 230872- 1 -413/41 /42/43/45-
01 . The DEPARTMENT shall utilize this amount towards costs of Project No . : 230872=1 -
413/411 /42/43/45-011 a
Payment shall be mailed to :
Florida Department of Transportation
Professional Services Unit
Attention : Leos A. Kennedy, Jr.
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309-3421
(A) Should project modifications occur that increases the PARTICIPANTs share of the
total project costs , the PARTICIPANT will be notified by the DEPARTMENT
accordingly. The PARTICIPANT agrees to provide , without delay, adequate funds to
ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share
of the project. The DEPARTMENT shall notify the PARTICIPANT as soon as it
becomes apparent the actual costs will overrun the estimated amount; however, failure
of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the
PARTICIPANT from its obligation to pay for its full participation during the project and
on final accounting as provided herein below . Funds due from the PARTICIPANT
during the project not paid within 40 (forty) calendar days from the date of the invoice
are subject to an interest charge at a rate established pursuant to Section 55. 03,
Florida Statues.
(B) In the event the final accounting of total project costs is greater than the total deposits
to date , the PARTICIPANT will pay the additional amount within forty (40 ) calendar
days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees
to pay the interest at a rate established pursuant to Section 55. 03, F. S. , on any invoice
not paid within forty (40 ) calendar days until the invoice is paid .
6 . In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of
the provisions of this Agreement, the PARTICIPANT shall pay the Department's reasonable
attorney fees and court costs if the DEPARTMENT prevails .
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7 . Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of
the Project, the AGREEMENT may be amended to identify the respective responsibilities and the
financial arrangements between the parties .
8 . This AGREEMENT and any interest herein shall not be assigned , transferred or otherwise
encumbered by the PARTICIPANT under any circumstances without the prior written consent of
the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its
successors .
9 . Except as otherwise set forth herein , this AGREEMENT shall continue in effect and be binding to
both the PARTICIPANT and the DEPARTMENT until the Project is completed as evidenced by
the written acceptance of the DEPARTMENT, or February 2 , 2006, whichever occurs first.
10 . The PARTICIPANT warrants that it has not employed or obtained any company or person , other
than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT, and it has
not paid or agreed to pay any company, corporation , individual or firm , other than a bona fide
employee employed by the PARTICIPANT. For breach or violation of this provision , the
DEPARTMENT shall have the right to terminate the AGREEMENT without liability.
11 . To the extent allowed by the Laws of Florida , the PARTICIPANT hereby agrees to indemnify,
defend , save , and hold harmless the DEPARTMENT from all claims , demands liabilities , and suits
of any nature arising out of, because of or due to any intentional and/or negligent act
or
occurrence , omission , or commission of the PARTICIPANT, its agents , contractors ,
subcontractors , consultant and/or employees , arising out of this contract or the work which is the
subject hereof. It is specifically understood and agreed that this indemnification clause does not
cover or indemnify the DEPARTMENT for its own negligence .
12. This AGREEMENT is governed by and construed in accordance with the laws of the State of
Florida.
13 . This document incorporates and includes all prior negotiations , correspondence , conversations ,
agreements , or understandings applicable to the matters contained herein , and the parties agree
that there are no commitments , agreements or understandings concerning the subject matter of
this agreement that are not contained in this document. Accordingly, it is agreed that no deviation
from the terms hereof shall be predicated upon any prior representation or agreements whether
oral or written . It is further agreed that no modification , amendment, or alteration in the terms and
conditions contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith .
14 . Any or all notices (except invoices ) given or required under this Agreement shall be in writing and
either personally delivered with receipt acknowledged or sent by certified mail , return receipt
requested . All notices delivered shall be sent to the following addresses :
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If to the DEPARTMENT:
Florida Department of Transportation - District Four
3400 West Commercial Blvd .
Fort Lauderdale , Florida 33309-3421
Attn : Leos A. Kennedy, Jr.
With a copy to : Jean Hanna
A second copy to : District General Counsel
If to the PARTICIPANT:
Indian River County
1840 25"' Street
Vero Beach , Florida 32960
Attn : Mr. Robert Keating
With a copy to : Attorney
[ THIS SPACE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified
herein . [If Local Government: Authorization has been given to enter into and execute this Agreement by
Resolution No gnn -1 - t 6n , hereto attached.)
STATE OF FLORIDA
Indian River County DEPARTMENT OF TRANSPORTATION
BY: Cg BY:
NAM eth R ROSIELYN OUIROZ
TITLE : Chairman DIRECTOR OF TRANSPORTATION SUPPORT
BCC Approved : December 9 , 2003
ATTEST: J R B CLERK APPROVED: (AS TO FORM)
BY:
(SEAL DISTRICT GENERAL COUNSEL
By : DEPUTY CLERK
APPROVED: AS TO FORK AND LEGAL APPROVED;
SUF IC CY
BY.
r County's EY PROFESSIONAL SERVICES ADMINISTRATOR
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RESOLUTION NO . 2003 - 160
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, APPROVING A LOCALLY FUNDED AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND A PORTION OF THE
LOCAL MATCH FOR RIGHT OF WAY ACQUISTION ASSOCIATED WITH THE
16TH / 17TH STREET WIDENING PROJECT.
WHEREAS , the widening of 16`h/ 17 `h Street has been an Indian River County Metropolitan
Planning Organization (MPO) priority project for several years , and
WHEREAS , the Florida Department of Transportation (FDOT) is prepared to provide
federal funds to pay a portion of the cost for right of way acquisition for the 16`h/ 17 `h Street project ;
and
WHEREAS , the Indian River County Board of County Commissioners is responsible for
paying 12 . 5 percent of the project costs as its portion of the required local match .
NOW THEREFORE , BE IT RESOLVED , that the Indian River County Board of County
Commissioners :
1 . Approves the State of Florida Department of Transportation and Indian River County
Locally Funded Agreement ; and
2 . Authorizes the Chairman to execute the Locally Funded Agreement ; and
3 . Directs the Community Development Director to transmit the executed Locally
Funded Agreement to the Florida Department of Transportation .
THIS RESOLUTION was offered by Commissioner Aims who moved
its adoption . The motion was seconded by Commissioner Gi nn , and upon
being put to a vote , the vote was as follows :
Chairman Kenneth R . Macht Aye
Vice - Chairman Caroline D . Ginn Aye
Commissioner Fran B . Adams Aye
Commissioner Thomas S . Lowther Ave
Commissioner Arthur T . Neuberger Aye
The Chairman thereupon declared the resolution duly passed and adopted this 9th day of
December , 2003 .
BOARD OF COUNTY COMMISSIONERS
INDIAN ER COUNT LORIDA
Attest: J. K. Barton , Clerk By ;
Kenneth R. Macht ,
Chairman
By :
Clerk
I HEREBY CERTIFY that on this day, before me , an officer duly authorized in this State
and County to take acknowledgments , personally appeared Kenneth R . Macht, as Chairman of the
Board of County Commissioners , and J . K . Barton, as Clerk, to me known to be the persons described
in and who executed the foregoing instrument and they acknowledged before me that they executed
the same .
WITNESS my hand and official seal in the County and State last aforesaid this 9th day
of December , A . D . , 2003 ,
g4 Ile
Notary Publ '
; ,s •u y, Kimberly E. Massung
D0216503 EXPIRES
=a ury 15, 2007
OF '!ONDED ?��rcu TROT FAIN INSURANCE, INC
APPROVED AS TO LEGAL SUFFICIENCY
lam . Co ins ,
County Attorney
APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS
BY :
Robert M . Keating , AIC P , irector
Community Development Departme
11Comnumn De% clopment\Users\WO\RcsoluuonsUPA 16th & 17th Strect 2003 ROW BCC Resolution &C