HomeMy WebLinkAbout2010-293 B . C .
31*d AMENDMENT OF AGREEMENT FOR D/�
PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY
AND THE CONSERVATION FUND CHARITABLE TRUST
(The " Agreement " )
This 3rd Amendment of the Agreement for Professional Services between Indian River County and The Conservation
Fund Charitable Trust , dated November 15 , 2005 , is made and agreed to as of theme day of November, 2010 , by and
between the parties to the Agreement, Indian River County, a political subdivision of the State of Florida (the " County" ) ,
and The Conservation Fund as Trustee of The Conservation Fund Charitable Trust dated October 16 , 1998 , as amended
(TCF ) . The parties agree as follows :
1 . Background and Considerations. The parties entered into an Agreement for Professional Services on November 15 ,
2005 , and both parties have been performing in accordance with it . In order to continue its environmental land
acquisition program , the County has asked that TCF continue to provide professional services in accordni1cc with the
Agreement .
2 . Amendment : Extension . The Agreement for Professional Services is hereby extended for one year, Until November
15 , 2011 . Notwithstanding the language of Article IV , Section 4 . 01 of the Agreement , the parties hereby agree to revive
the Agreenncnt ntunc pro tune as though it had not lapsed . In every respect , this Amendment is to be conStrlied and
applied as though the parties hall both signed it before November 15 , 2010 . All other provisions of the Agreement shall
remain in full force and effect .
3 . Amendment to TCF Conlpcnsation for NAWCA Funded Projects . As a part of this 3 "► Amendment of the Agreement
for Professional Services, the parties agree that TCF will be compensated by the County for TCF ' s set vices , exclusively
relating to North American Wetlands Conservation Act ( NAWCA ) grant funded acquisition projects , based on a closing
fee ot• 3 % of the closing price of each NAWCA grant funded transaction . Compensation to TCF for acquisition projects
not funded by a NAWCA grant will remain at 1 % of the purchase price upon closing of an acquisition , as specified in
Article Ill , Section 3 . 02 of the Agreement .
IN WITNESS WHEREOF , the parties have caused this Extension to the Agreement to be duly executed on the date set
forth above .
INDIAN RIVER COUNTY , a political THE CONSERVATION FUND CHARITABLE TRUST
subdivision of the State of Florida DATED OCTOBER 16, 1998 , AS AMENDED
Ti,e 1 Fund - stee
By : �
� (I�Q�� : jar° r • • rrr'la
Rnh Rnl ar , Chairman .•�� . I . �,�p,nn , Executive Vice President
, • • •. •• _•ir
Board of County Commissioners 1, •T,} �0 • • ,•o .,'
r� Da tied :
Date approved by the BCC : 1 161 0 � s
t � &
' e
XT( Dej
J . K . rBarton , Cler '2�uty C
lerk))
APPROVED AS T FORM
AND LEGAL S ICIENCY :
County Attorney
f:\Community Devetopment\Users\ROLAN D\LAAC\The Conservation Fund\Conlracl\TCF contract 3rd extension documcnt .doc