HomeMy WebLinkAbout1998-136 1 ,
:2
TEUS RESOLUTION was moved for adoption by F r a n A d a m s ,and the
motion was seconded by Ruth Stanbridge ,and,upon being put to a vote,the vote was
as follows:
Chairman John W.Tippin _Aye
Vice-Chairman Kenneth R. Macht Ave
Commissioner Fran B.Adams Aye
Commissioner Caroline D.Ginn Ayp
Commissioner Ruth Stanbridge Ave
The Chairperson thereupon declared the resolution duly passed and adopted this A day of
December ,1998.
BOARD OF COUNTYISSIONERS
INDIAN RIVER COUNTY,FLORIDA
By: -
h W.�'ippin,Chat m n
and oilaunty Commissioners
ATTEST. ..
Jeffrey K Barton,Cler ` /
State of Florida
County of Indian River
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in this State
and County to take acknowledgments,personally appeared OHN W.TIPPIN,as Chairman of the
Board of County Commissioners,and ff t'%*I e JA H. ,as Deputy Clerk,to me
known to be the persons described in and who executed the f regoing instrument and they
acknowledged before me that they executed the same.
WITNESS m hand and official seal in the County and State last aforesaid this
day of 2 ,A.D., 1998.
Notary Public
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srAfa W RA U"DfAR"AM 0!f AMMAUM Nr i d s
VfI7RGOVERNMFMAL COORDINATION AND REVIEW
AND
PUBLIC TRANSPORTATION COORDINATION
JOINT PARTICIPATION AGREENMNT
THIS JOINT PARTICIPATION AGREEMENT is trade and noted into this_day of ,
199—,by and between the FLORIDA DEPARTMENT OF TRANSPORTATION;the INDIAN RIVER
COUNTY METROPOLITAN PLANNING ORGANIZATION(MPO);the TREASURE COAST REGIONAL
PLANNING COUNCIL;INDIAN RIVER COUNTY;the CITY OF VERO BEACH;and the CITY OF
SEBASI4AN.
RECITALS:
WHEREAS,the Federal Government,under the authority of 23 USC Section 134,as amended by the
Inlermodd Surflace Transportation Efficiency Act of 1991,and Sections 4(s),SWI),and 8 of the Federal Transit
Act[49 USC app.Subsection 1603(a), 1604(8)(1),and 16071,requires flat each metropolitan area,a:a condition
ID the rooelpt of federal capital or operating assistance,have a continuing,cooperathro,and comprehensive
transportation planning process dint results in plans and programs consistent with the comprehensively planted
development of the metropolitan area;
WHEREAS,23 USC Section 134(a)and(b),as amended by the Intermodal Surface Transportation
Efficiency Act of 1991,49 USC Section 1607(x)aid(b),23 CFR Section 450.306,and Section 339.173,Florida
Statutes,poavide for do creation of meeWlian planning organizations to develop"mporodon plans and
programs for Metropolitan areas;
WHEREAS,the aforementioned Federal laws regain dot the Sate,the MPO,and the operators of
publicly owned transportation systems shall enter into an agreement clearly identifying the responsibilities far
cooperatively carrying out such transportation planning(including corridor and subarea sttdW pursuant to 23 CFR
Section 430.316 and 450.318)and programming;
WHEREAS,pursuant to Section 20.23,Florida Statutes,the Department has been created by tits Sate of
Florida,and dw Department las the powem and duties relating to transportation,all as outlined in Section 334.044,
Florida Salutes;
WHEREAS,pursuant to 23 USC Section 134,49 USC app.Section 1607,23 CFR Section 450.306,and
Section 339.175,Florida Statutes,a metropolitan planning organization has been designated and apportioned by the
Governor of the Sate of Florida,with the agreement of the affected units of general purpose local government,to
organize and establish die MPO;
WHEREAS,pursuant to an interlocal agreement executed on April 12,1993,and filed with the Clerk of
the Circuit Court of Indian River County,the MPO was established; '
WHEREAS,pursuant to Section 339.175(9x&)2.,Florida Statutes,the MPO shall execute and maintain an
agreement with the metropolitan and regional intergovernmental coordination and review agencies serving the
Metropolian Area;
WHEREAS,the aforesaid agreement must describe flee means by which activities will be coordinated and
specify how tratq=Udon phoning and prong will be part of the comprehensively planned development of
the Metropolitan Area;
WHEREAS,pursuant to Section 186.304,Florida Statutes,and Rule 2713-1.002,Florida Administrative
Code,the Treasure Casa Regional Planning Council was established and operates with a primary purpose of
itdagovermmenW coordination and review;
sy,s.n
WHEREAS,puissant to Section 186.SW(24),Florida Statues,1110 Ite8lonau PlaaninS Council Is to review
p1,ns of metropolitan pursuant orpoiradoae a identify inoonsis awAse between those agencies'plain and
Woe"local nt eve plans adopted puraatst to Bettina 163.3161 tt�.,fs;
WHEREAS,do Regional PISMOg Councll,pxamm a Section 186.307,Florida Statues,is required tt
prepare a Strategic Regional policy Plan,which will contain regional Saila and policies that address rational
"neporadon issues;
WHEREAS,based on do Regional Planning Council's saturory mandate a identify incorsismades
betweenplana of metropolitan planning organizations and applicabue locd Sovermnent
conpre;he�dpl ,and to
tata �titerRegional planning COMB is y y iD
s in heimrto � l coordination of the Intermodal tramportation PhanlAS poce
WHEREAS,p mtum to Seedon 186.309,Florida Statutes.and Rule 29K-4 Florida Administrative Code,
the Regionau PlanninS Council has adopted a conflict and dispute resolution prooeas;
WHEREAS,do purpose of the dispute resoludon process Is to reconcile differences on plaming and
growth management Issues between local governments,reglowd agencies,and private interests;
WHEREAS,the partes hereto have determined drat die voluntary dispute resolution process is usefid in
the process of resolving conflicts and disputes ari ft in die tranaporatlon planudng protea;
WHEREAS,pursuant to 23 CFR Section 450.310(b)and Section 339.173(9xa)3.,Florida Statues,do
MPO must execute and maintain an agreement with the operators of public transportation systems,iacludiq transit
systema,commuter no systems, airports,and seaports,describing the mans by which acdvites will be
coordinated and specifying how public transit,commuter rail,aviation,and seaport planning(including corridor
and subarea studies purwrm to 23 CFR Sections 450.316 and 430.318)and propwnininS wW be part of do
compthentively planned development of the Metropolitan Area;
WHEREAS,it is in the public interest that the MPO,operators of public tranpo udoe systems,including
transit
cipa�te in�commuter
and�ooff a authorities,imties�p�this Metropolitan Area;their Wendon ID dvsiy
WHEREAS,the undersigned parties have determined dot this Agwment addles the requireamis of and
is eomistent with 23 CFR Section 450.306 and Section 339.175(9x&),Florida Statues;and
WHEREAS,the parties to this JPA desire to participate cooperatively in do performance,on a coadrruing
basis,of a coordinaled,comprehensive transportation planning protea to assure dot highway facilites,mus
transit,an systems,air taaeportation and other facilites will be properly located and developed in relation to site
overall plan of community development.
NOW,THEREFORE,in consideration of the mutual covenants,promises,and represeMdm berein, the
parties desiring a be legally bound,do agree as follows:
ARTICLE 1
RECITALS;DEFINITIONS
Section 1.01. Rodads. Each and all of the foreSoinS recitals be and the am hereby haxporarod
herein and acimowledged lo be true and correct. Failure of any of the foregolq recitals b be ave and correct
shall not opeab to invalidate this Agreement. _.
Section 1.02. I?dWfiM. Des Nowing"pU when used in this Agreement(unless tie context sLull
clearly indicate do contrary)shall have the following mornings:
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•ASroemest'means and refers to this instrument,a amended from date to time.
'Corridor or Subarea Study"shall mean and Wer to studies involving major kweatmew decisions or as
otter idendfied b 23 CFR Secdaoe 450.318 std 450.318.
Mepartrltent'shall mean std refer to die Florida Departs tent of Tramportation,an agency of site State of
Florida crated puna"to Section 20.23,Florida Statutes.
TWA"mum and refers to the Federal Highway Administration.
qA%-Ranp Traroportadan Plan'is at a minimum a 20•year plan which:ideodfles tansporadon
facilldes;ittoludes a fi nsocial plan that demonstrates how the plan can be impkntented and ssaases capital
1IRP vemeata necesary to preserve site existing metropolitan transportation system and make efl3cknt use of
exiWM tramportatien facilldes,indicates proposed tran uUtion enhancement acdvides;w d in ozoWcarboo
monoxide noesttainment areas is coordinzed with site Sate Implementation Plan,aU as required by 23 USC
Secdon 134(1),23 CFR Section 450.322,Section 339.175(6),Florida Statutes.
%fetrnpoliWt Area'means and refer:to the planning ars as delineated by the MPO fa the urbanised
am eonainigS at last a population of 50,000 as described in 23 USC Section 134(bxl)and Section 339.175,
Florida Statues,which shall be subject to die MPO.
MPO'means and refers to site metropolitan planning organisation formed pursuant to Interlocal
Areemeat deed April 12, 1993,as amended or superseded from time to time.
BeSlonal Planting CeunciP mean and refers to site Treasure Cast Regional Planning Council crated
pawAst to Section 186.504,Florida Statues,and Identified Rule 27E-1.002,Florida Administrative Code.
'Tatteportadoo Improvement Program(TIP)'is the tramporatloa doeurnent which includes the following
componem a priority Ilan of projects and project phases;A UN of projects proposed for AmdlaS;a timmcW plan
demonstrating how dna TIP can be implemented;a listing of group projects;an indication of whedher the project
and P%iect,Phum aro consistent with applicable local government comprehensive plan sdopeed pursuant 10
Section 163.3161 tom.,Florida Statutes;and an indication of how improvements are consistent,a the maximum
extent fadble,with affected seaport and airport master plana and with public transit development plan of die units
Of local government located within the boundaries of site MPO,Ali as requited by 23 USC Section 134(h),23 CFR
Section 450.324, Section 339.175(7);,Florida Statutes.
"Unified Flaming Work Program WM)'is site Annual pian developed in cooperatiom with do
Department and public transportation providers,dot Um W planning tasb to be adertal m during a program
year,together with a complete description thereof and an estimated budget,all a required by 23 CFR Section
450.314,Section 339.175(8),Florida Statues.
ARTICLE 2
PTHMSE
Section 2.01. . As at fords in Article 3 of this AVeement,
do purpose of this Aveement is to provide for cooperation with the Dep nment, Indian River County,the City of
Vero Beads,and the City of Sebastian in the development and pnpmdon of do UPWp,do TIP,the Iagg-Range
Tantportation Plan,std Corridor or Subarea Studies.
Section 2.02. xjcffind. As set forth in Article4 of
this Agreement,One purpose of this Agreement is to provide a process through dee Regional Plaanigl Council for
inteegOvernmenal coondindon and review and ldendficadon of iaoomitsencia between proposed MPO
tra"Pudoe Plans and local rent comprehensive pians Adopted p WMM b Section 163.3161 aq.,
Florida Sahm,and approved by the Florida Department of Community Affairs.
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Section 2.03. As at forth in Article S of this Agmemem,do purpose of this
Agreement is w provide a process for conflict and dispute reaoludon through dw Regkmsi Planning Council.
ARTICLE 3
.....M OpEgATaggg OF Pt1Ar TV TRANSPORTATION SYSTEMS
Sod=3.01.
SOMOMM"iywayed mm-
(a)The MPO daU cooperate with the Indian River COMM,the City of Vefo Beach,and the City of
Sebasaian to opdmim dna planing and prog{ruamIng of An integrated and balanced intermodal lrartaportadon
"Am for do Metropdiun Aran.
(b)The MPO dull imp n at a continuing,cooperadve,and comprehensive transportation*wing
process
that is oorhsistent,to the maximum extent feasible,with port and aviation muter pier,and public tpmdt
development pians of dna units of local govemments whose boundaries are within the Metropolitan Area.
(c)As a meas towards achievement of the goals in paragraphs(a)sad(b)and in an effort to
em"Un a intermodal transportation*miq and programming, do MPO shall include As part of its membecsbip
officials of agenda dot administer or operate nujor modes or systems of tram wilts n,Wwft but not Umiled
ID tra>rit operators,sponsor of major local drpocts,maritime ports,and rail operators. The repr elentadve of do
MOW modes or systems of tranTortatim may be accorded voting or W"Oting advisor status. In d ds
Metropolitan Ara if authorities or agencbs have been Or may be cfeated by law to perform transportation
fanctions and dot are not under do jurisdicdm of a VOW purpose local government repfeaenbd on dna MPO,
du h?O ftU request do(governor to desigoase said authority or agencies as a voting member of the MPO. If the
now member would alter local governmeat representation in the MPO,the MPO shall purpose a revised
apportionment plan w do Governor to casae voting membership on do MPO w an elected official repraendng
public uwWt authorities which have been,a may be,crated by law.
(d)The MPO shall eAsure dhat MpfeW-ntsdvea of ports,transit authorities,and drporU within the
Metropolitan Ara are provided memberdaip on do MPO's Technical Advisory Committee.
Section 3.02. nn of tmjkq=daLvJAbWL".
(s)Although the final decision In adopting the UPWP,the TEP,Long-Range Trantportsdoe Plan,or a
Corridor or Subans Study is in the disaatim of dw MPO,development of said plan or study shall be viewed as a
coopem dve effort involving the Department,Indian River County,the City of Vero Beach,said the City of
Sebastian.In developing do UPWP,the TIP,Long-Range Transportation Plan,of a Corridor or Subarea Study,
die comments and recommandadoes for pr+eparadon and revisions to proposed documeats dull be solicited by id
MPO from dose Department,the Indian Riva Canty,the City of Vero Beach,and the City of Sebastian.
(b)At ds conuwmemaht of the prows of p vparing the UPWP,the TEP,Lag-Range
Transpoctadon Plan,or a Corridor or Subshrm Studies,or preparing other than a minor amendment thereto(as
determined by do MPO),dna MPO duU satin notice to do Department,Indian River County,dw City of Vero
Beach,and dm qty of Sebastian advising said agencies of dw soope of die work to be undertai n and inviting
comment and pardchudon in the development process. The MPO shall emarfe duh dw cbW opomdag ofilicisk of
ds Department,Indian Riva Courcy, the City of Vero Bach,and the City of Sebastian shall receive approximate
fib m(15)days written formal notice of all public workdnopa ud hearings relating to dw development of dna
UPWP,do TIP,Long-Range Transportation Plan,or a Corridor or Subarea Studies. However,it is agreed that
the than w properly extend written or other notice shall not invalidate,or kedged u a claim w env UIW,the
adoption of dw UPWP,the TIP,Log-Ramp Transpoetatim Mn,or a Corridor or Subafa Studies.
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(c) Local government comprehaadve plans.
(1)In developing the TIP,Long-Rage Transportation Plan,or a Corridor or Subarea
Soda,or preparing other than a minor amendment thereto(as determined by the MPO),the MPO,India River
Courcy,the City of veto Beach,and do City of Sebastian shall mulyze:(1)the comprehensive plan Ad=land
use dements;(ii)the goals,objecdva,and policies of the eomprebenaive plana;std(iii)die zodnR,of each local
,overtsma i In die Metropolitan Ana. Based upon do foregoing review and a coosidendon of odw gsowt6
asaaigeoaem&door,the MPO,Indian River County,the City of Vero Beach,and the City of Sebastian,u
appropriate,Shall ptovide written recommendations to local governments in die Metropolitan Area in die
implementation of their comprehensive plans. A copy of the reoom uendadom shall
ha sem to die ReSloml Plasining
(2)The MPO agrees that to the maximum extent feasible the Long-Range Trampmudon Phut
and die project and project phases within do TIP shall be consistent with the future had use element and goals,
objocdva,and policies of the comprehensive plus of local government in die Metropolitan Aron. U die MPO's
Tip V Lioondsbat with It local government comprehensive plan,the MPO shall so indicate,and the MPO dull
present,as part of the TIP,justification for including the project in the TIP.
(d)Muld-modal transportation agency plans•
(1)In developing the TIP,Long-Range Transportation Phan,or a Corridor or Subarea
Studies,or preparing other than a minor amendment thereto(as determined by the MPO),the MPO Shall analyze
the affected:(1)airport master plan;(ii)public transit development plans,of Indian River County,fhb City of Vero
Beach,and the City of Sebastian.Based upon the foregoing review and a consideradon of other uneportation-
related boon,die MPO,shall from time to time and as appropriate,provide recommendations to Indian River
County,the City of Vero Bach,and tie City of Sebasdan,as well IS local governments within the MeovpoUtan
Aron,for die development,amendment,and implementation of their master,development,or comprebensive
Plans.
(2)In dave4lug or NdSing tineas reapectve seaport musser plan;airport mailer pian;or
public transit development plans,Indian River County,the City of Vem Bach,std die City of Sebastian shall
analyze die draft or approved UPWP,TIP,Long-Range Transportation Phan,or Corridor and Subarea Studlea,or
amendment:thereto. Based upon the foregoing review and a considuadon of other oransportationabled factors,
Indian River County,the City of Vero Bach,and the City of Sebastian shall from time to time and as appropriate,
provide written recommendations to the MPO with regard b development,amendment,std implementation of die
UPWP,TIP,Long-Range Transportation Plan,or Corridor and Subarea Studies.
(3)The MPO agrees that to the maximum extent feasible the TIP shall be consistent with the
affected seaport and airport master plans and with public tranait development plans of Indlan River County,the
City of Veto Beach,orad tib City of Sebudan.
(e)By lever agreement to be executed by the MPO and Man River County,tine City of Vero Beach,
std die City of Sebastian,the MPO and the affected agencies or authority shall mutually develop a procto for
plannios coordination,forwarding recommendations,and project programming condateney. The portio berm
Agree chat under die letter agreement,the MPO and Indian River County,the City of Vero Beach,and the City of
Sebasdan need only hnd"in the MPO'S TIP those state hnded airport std seaport project that directly relste to
shtrfioe Umporladon aedvida. The proeen speed b in die letter agreemem"pm"flexible dadlines for
haror'Sgeocy comment on affected phos rekrenc ed in this section. Upon approval of the letter agreement,the
par
p
age+eement may revise or terminate Same from time to time withoouta"bit her ' tlgnuories b the leder
approval-9f other
er'patties hereto.
ram nwo
ARTICIE 4
prnMnOVERMONTAL COORDINAnON AND REVIEW
gectioa 4,01.
. The Regional Planning Council shall
perform be Mowing aria:
(a) Widdn*ft(30)days of receipt,review the draft of the p posed TIP,LLIR0 a ideadfY
Tcanportadon Plan,Corridor and Subarea Studies,or amendments thereto,as re*wsWd by
60 pn�to Section 163.6 UbetWOM*0 m.,Florida Statues,ffor Counties WA Plans and:(1)applicable local cities thiuMMW MetropolitanaAra send(2)
die&doped Strategic Regional Policy Plan.
(1)The pardes hereto recognize that pxvAm to Florida law,the MPO-s Loog-Raop
TranWoradoo Plan mut be considered by cities and counties within the Metropolitan Area in the preparation,
Pion and
ametidwaK and update/revWon of their comprehensive plans. Further,the Long-Range Transportation
do projects and project pbasa within the TIP are to be ooruistent with the future land use element and goals,
o4jecdves,and policies of the comprehensive plans of local governments incite Metropolitan Area lo the maximum
exteat feasible. Therefore, promptly upon completion of its review of the draft proposal,the Regional Planing
Coma shall advise do MPO and each affected county or city of its finidinge;
(2)N alter completing its review of the draft proposal,the Regional Planning Cauimcil deems
that dw MPO plans and programs submitted are not accepable,the Regionsi Planing COMM shall promptly
advise the MpO in writing of is Comm and identify those pordons of the submittals whieb need to be reevaluated
and poundally modified;and
(3)Upon final adoption of the proposed TIP,Long-Rine Tnogm adm Plan,Corridor and
Subarea Studies,or amendments dtereto,due MPO may request that the Regional Planning Council consider
Adoption of regional tramporadpt goals,objectives,and policies in die Strategic Regional Policy Plan
implemeaft the adopted TIP,Long-Range Tramporation Plan,Corridor and Subarea Suidies,or amendmenu
thereto. If do proposed TIP,LwS-Range Transportadon Plan,Corridor and Subauea Studies,or amendments
tbetw was the object of pnviow adverse comment by lite Regional Planning Council,do MPO will identify the
change in the Mal adopted plan intended to resolve the adverse comment.or Alternatively,the MPO shall Identify
the reason for not altering the plan as aggessed by the Regional PbntinS Council.
(b) Provide the availability of the conflict zed dispute resolution process asset forth in Anicb S
below.
ARTICLE S
rnNF rCT AND DISPUTR RPSOUMON PR CS
Secdon S.OI. DiMmandeffidl Mer thit Ag=nwnt. Thla proCM shall apply b 00tlicts and
dispute relating to maters subject to dries AVament,or conflicts arising from the performamce of this Agreement.
Except as otherwise provided in this Article S,only Mmsemdves of do apacles with codUcts at dispmes shall
engage in conflict resolution.
Section S.02. LddaLmOludm. The att< cW pardesb dds Agreement shall,at a minioaun,evjm the
atempad early MWhWoa of codHW relating 10 such matters. Early resolution shall be handled by direct
discussloa between the fallowing Weida:for the Deparonrent by dw District Director for Plam ft and Propanes;
for he MPO-the Sof[Dirador fa the Regional Planning Countcll-dw Plardd Director for Indian River
County-Community Development Director;die City of Vero Beach-the Airport Director;and do City of
Sebodo-the Airport DlmW.
Section 5.03. Ra2Aodm by mnlar aMM affiekt. If die conflict remains unresolved,die cooAict doll
be resolved by die Mowing offidah:for the Department•by the District Secretuy;for die MPO-die Chairman
' hohwhas�e
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of the MPO;fbr die Regional Planning Council-die Executive Dinmor;for Indian River County-C4airnan of
the Board of County Commissioners;for do City of Vero Duch-the Mayor;and for the City of Sebudo-die
Mayor.
Section 3.04. . If a resolution is not poaribie,
die parries may undertal-dWft resolution punwnt to the Regional Planning Council procedure at forth in Rule
29K4,Florida Administrative Cade. All parties to dw dispute must agree so undertake this procedure befom it
may be invoked.
Section 3.05. Re,lidnn by the Office of the t3overmr, If die conflict is not reached through coofiict
resolution pursuant to Sections 5.02,5.03,and S.04,the parties shall petition die Executive Office of the Governor
!br remMos of the conflict pursuant to its procedures. Resolution of the conflict by the Executive Office of due
Governor shall be biading on all parties.
ARTICLE 6
kBISM.1-AME01 Is PROVISION
Secdoa 6.01. This Agreement shall not
be construed lo authorize the delegation of the constitutional or statutory dudes of any of the parties. In addition,
this Agreement does not telleve any of due parties of an obligation or responsibility imposed upon diem by law,
except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or
any legal or administrative entity created or authorized by this Agreement,in which case this performance may be
offered in satisfaction of the obligation or responsibility.
Secdoo 6.02. Amendments or modifications of this Agreement may only
be made by written agreement signed by all parties here to with the same formalities as due original Agreement.
Seedoo 6.03.
(a) lwutioo. This Agreement shall have a team of five(5)years and shall automatically renew at
due and of rid five(5)years for another five(5)sere and every five(5)years thereafter. At dye end of due five
(5)year Berm and at last every five(5)years thereafter,die parties hereto shall examine the terms hereof and
agree to amend the provisions or reaffirm the same. However,die failure io amend or to reaffirm the teras of this
Agreement shell ant invalidate or otherwise terminate this Agreement.
(b) Withdnwat =. Any party may withdraw from this Agreement after presenting in
written form a notice of ham to withdrawal to do other parties to this Agreement and the MPO,at least ninety
(90)days prior lo the intended date of withdrawal; provided,that financial commitments made prior to withdrawal
an effective and bW ft fa their AhU term and amount ragudless of withdrawal.
Section 6.04. blolima. All nodces,demands and c—wn pondenw required or provided for under this
Agreement shall be In wddng and delivered in person or dispatched by cerdfied mail,poop prepaid,return
receipt requested. Notice required to be given shall be addressed as noted follow::
Indian River County MPO City of Vero Beach Treasure Coast Reginal Haft Council
1840 25th Street 1053 20th Place 301 East Ocean Boulevard,Suits 300
Vero Beach,Florida 32960 Vero Beach, Florida 32960 Stuart,Florida 34994
Indian River County City of Sebudm Florida Department of Transportation
Board of County Commissioners 1225 Main Street 3400 West Commercial Boulevard
1840 25th Street Sebastian,Piodda 32958 Fort Lauderdale,Flodda 33309-3421
Veto Bach,Florida 32960
POMM SM4"
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A puny may unilaterally change its address or addressee by giving notice in wrifiM.10 The other parties as provided
In this section. Thersaft,notice,demands and other pertinent correspoodeooe shat be addressed and
transmitted to die new address.
Section 6.06. 1a=poetadeo.
(a) Ali pude hereto were each upoewasid by,or afforded the
opportunity for represenuation by legal counsel,and participated in the drafting of this Agreement and in the choice
of wording. Consequently,no provision hereof sbould be more strongly construed spinst any party as drafter of
dao Agreement.
(b) SatGt m tMix. Invalidation of any one of the provisions of this AV=m=or any part,clause
or word hereof,or die application thereof in specific circumstances,by judgement, casrt order,at administrative
hearing or order shall no affect any other provisions or applications in other circumsmices,all of which shall
remain in tail force and effect;provided,that such remainder would thea condom to conform to the lernos and
requirements of applicable law.
(c) . In Interpreting this Agreement,the following rules of construction scull
apply unless the context indicates otherwise:
(1) The singular of any word or term includes the plural;
(2) The masculine gender includes the feminine gender;and
(3) The word'shall'is mandatory,and•may"is permissive.
Section 6.06. Enforcemmmbylordigherem. In the event of any judicial or administrative action so
enbu or Interpret this Agreement by any parry hereto,each parry shall bear its own an rney's fees in connection
with such proceeding.
Section 6.07. ,�,� M a +Minn.TIM of m. rhis Agreement,and any
amendments hereto,may be simultarheahsly executed in several counterparts,each of which so executed shall be
deemed In be an original,and such counterparts together shall constitute one and the ane instrument.
Section 6.06. Effeedve,dsto. This Agreement WWI become effective upon its execution by all parties
hereto.
Section 6.09. . In due event that any election,refu+eadum,
approval,permit,notice,or other proceeding or authorisation is required under spp UmW law to cubic due patios
10 ender into this Agreement or to undertake the provisions set forth hereunder,or to obarve,assume or can out
any of die provisions of the Agreement,said partes will inidate and consummate,as provided by law,all actions
neoesary with respect to any such matters for required.
Section 6.10. Pude.Nnt QhttQated m Ttht_rc_t%rdm. No parry bereto shall be oblIpjcd or liable
hereunder to Bury party not a signstory to this Agreement. There are no express or inbnded third party
benefidades to dds Agreement.
Secdoo 6.11. ■red 2n,�tti Not w hued, In no event shall due making by the Depuunent
Of any payment to the MPO OOnstitub or be construed u a waiver by the Department of any bread of covenna or
any dellsWt which nary thea exist on the parr of the MPO,and the making of any such payment by due Departmea
While any such beach or dd Wt exons shall in no way impair or prejudice say right or remedy available so the
Department!n rasped of such breach or default.
PMM stiarm
MUCY wwXWW
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bpode
IN WITNESS WHEREOF,die undersigned pude have executed this Joint Parddpaden Asmemeot on
behalf of die referenced lepl entities.
SSW,Sealed and Ddvend in the p mem of.
INDIAN RIVER COUNTY INDIAN RIVER COUNTY
MMOPOLITAN PLANNING ORGANIZATION BOARD OF COUNTY COMb=IONEN
BY: BY:
J W.TIPPIN Chaiipereon 0 W,TIPPIN
ATTT ; c SEAL ATTESI"�/ 4
Cbtk pc,6.�?�lerk
CITY OF VERO BEACH CITY OF SEBASTIAN
BY: BY:
Mayor
ATTEST:- SEAL ATTEST: SFAs
City Clerk City Clerk
TREASURE COAST FLORIDA DEPARTMENT OF
REGIONAL PLANNING COUNCIL TRANSPORTATION
BY: ExecutiBY:
Ve Director Rick Cheerer,P.E.
District Four Secretary
ATTEST•• SEAL ATTEST: cR�i
ClockSEAL
Secrelsry