HomeMy WebLinkAbout2006-043RESOLUTION NO. 2006- 043
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A
LOCALLY FUNDED AGREEMENT AMENDMENT FOR COUNTY ROAD 510
CONSTRUCTION.
WHEREAS, on November 24, 2004, Florida Department of Transportation
(Department) and Indian River County (the parties) entered into a Locally Funded Agreement
where in the Department agreed to provide certain improvements in connection with a Project
Development and Environment Study along CR -510 (Wabasso Road) from CR -512 to the Indian
River Bridge (#880052) herein after referred to as the Project; and
WHEREAS, the parties mutually agree that this agreement needs to be amended.
NOW THEREFORE, BE IT RESOLVED, that the Indian River County Board of
County Commissioners:
1. Approves the Amendment of the Agreement between the State of Florida
Department of Transportation and Indian River County; and
2. Authorizes the Chairman to execute the Amendment to the Agreement; and
3. Directs the Indian River County Public Works Director to transmit the executed
Agreement Amendment to the Florida Department of Transportation.
THIS RESOLUTION was offered by Commissioner Lowther
moved its adoption. The motion was seconded by Commissioner Davi s
upon being put to a vote, the vote was as follows:
Chairman Arthur R. Neuberger Aye
Vice -Chairman Gary C. Wheeler
Commissioner Thomas S. Lowther
Commissioner Wesley S. Davis
Commissioner Sandra L. Bowden
Ay e
Ay e
Aye
Aye
who
, and
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RESOLUTION NO. 2006- 043
The Chairman thereupon declared the resolution duly passed and adopted this 21st day
of March , 2006.
Attest:'
ffrey K. Barton, Clerk of Court
Deputy Clerk . -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
APPROVED AS TO LEGAL SUFFIECIENCY
B
illiam G. Collins, II, County Attorney
R. Neu er er, Chair
Arthur R
APPROVED AS TO PUBLIC WORKS DEPARTMENT MATTERS
By: c
W. Davis, P.E., Public Works Director
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1-04
ll, 1'3
FM No:
Vendor No:
405606-1-21/22-01
F 59-6000673-206
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
INDIAN RIVER COUNTY
LOCALLY FUNDED AGREEMENT
AMENDMENT NUMBER ONE,
THIS AMENDMENT, made and entered into this day of , 2006, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the
State of Florida, hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY, State of
Florida, located at 1840 25th Street, Vero Beach, Florida 32960, hereinafter called PARTICIPANT.
WITNESSETH
WHEREAS, on November 24, 2004, the parties entered into a Locally Funded Agreement,
hereinafter referred to as the AGREEMENT, wherein the DEPARTAMENT agreed to provide
certain improvements in connection a Project Development and Environment (PD&E) study along
CR -510 (Wabasso Road) from CR -512 to Indian River Bridge (#880052) in Indian River County and
hereinafter referred to as Project # 405606-1-21/2201; and
WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations
herein, the parties agree to further amend the certain Locally Funded Agreement dated November
24, 2004 as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The following paragraphs are added to this agreement:
If the PARTICIPANT fails to complete the Project or decides to cancel the project, fails
to obtain Location Design Concept Acceptance (LDCA), or fails to construct in
accordance with LDCA, the PARTICIPANT shall reimburse the DEPARTMENT for all
Project costs incurred by the DEPARTMENT (including the Federal Government's
share and the Department's share.)
If the Project is Federally funded and because of the PARTICIPANT's decision to
cancel the project the Federal Government declines reimbursement to the
DEPARTMENT, the PARTICIPANT shall reimburse the DEPARTMENT for all Project
costs incurred by the DEPARTMENT and declined reimbursement by the Federal
Government.
All provisions, covenants, terms and conditions of the AGREEMENT between the parties
theretofore entered into of November 24, 2004, as originally set forth therein, which are not hereby
expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and
confirmed and shall remain the same and be unaffected by these presents.
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IN WITNESS WHEREOF, this AMENDMENT to be executed by the parties below for the
purposes specified herein. Authorization has been give to enter into and execute this Amendment by
Resolution No. 200A-na3 , hereto attached.
INDIAN RIVER COUNTY
BY:
NAME:
TITLE: Chairman
BCC Approved 03-21-:06
ATTEST:
-b-C•
COUNTY CLERK (SEAL)
APPROVED:
BY:
COUNTY ATTORNEY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
ROS LYN IROZ
DI ECTOR OF TRANSP• TATION SUPPORT
APPROVED: (AS TO FORM)
BY:
DISTRICT GENERAL'COUNSEL
APPROVED:
BY: boxktvAkkt, C3-
PROFESSIONAL SERVICES ADMINISTRATOR
Indian River County
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