HomeMy WebLinkAbout2018-280C3120180075989
RECORDED IN THE PUBLIC RECORDS OF
COUNTY ATTORNEY'S OFFICE JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY INDIAN RIVER COUNTY FL
1801 27th Street BK: 3171 PG: 1385 Page 1 of 4 12/182018 4:24 PM
Wto Qeach, Florida 32960
FIRST AMENDMENT TO REVISED AND RESTATED JOINT FIBER OPTICS PROJECT
INTERLOCAL AGREEMENT
This First Amendment to Revised and Restated Joint Fiber Optics Project Interlocal Agreement is
entered into this 17 day of December, 2018, by and among the School Board of Indian River County,
Florida ("School District"), Indian River County ("County"), and the City of Vero Beach ("City"). The
School District, County and City are also referred to individually herein as a "Member" and collectively as
"Members."
WHEREAS, in 2015, the City, School Board and County entered into the Revised and Restated
Joint Fiber Optics Project Interlocal Agreement, recorded in Book 2901, Page 1151 of the Public Records
of Indian River County ("Consortium Agreement"); and
WHEREAS, the City is selling its electric utility to Florida Power and Light Company ("FPL");
WHEREAS, as part of the sale, the Members are entering into the Linear Facilities Pole
Attachment Agreement Between City of Vero Beach, Florida, Indian River County, Florida, School Board
of Indian River County, Florida, and Florida Power & Light Company ("Pole Attachment Agreement");
and
WHEREAS, the Members wish to clarify the responsibilities under the Pole Attachment
Agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members
agree as follows:
Section 1. The above recitals are true and correct.
Section 2. Any pole attachment fees, costs of corrections or other charges owed to FPL as
set forth in the Pole Attachment Agreement shall be paid by the Members who own the Wireline, as
that term is defined in the Pole Attachment Agreement, that is attached to the FPL pole, pursuant to
their percentage of fiber ownership, regardless of the percentage of Member usage of the fiber.
effect.
Section 3. All other terms of the Consortium Agreement shall remain in full force and
[Signature Pages Follow.]
SCHOOL BOARD OF INDIAN RIVER COUNTY
SCHOOL BOARD OF INDIAN
RIVER COUNTY, FLORIDA
By: & L
Laura Zorc
Chairman
Attest:
By: AL,
Sup ntendent
Dated this � day of December, 2018
[Signature Page to First Amendment to Revised and Restated Joint Fiber Optics Project]
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[Signature Page to First Amendment to Revised and Restated Joint Fiber Optics Project]
INDIAN RIVER COUNTY
ATTEST: Jeffrey R. Smith, Clerk of
Court and Comptroller
BA\�&L'040� t�ota'
Deputy Clerk
Approved as to form and legal
Sufficiency:
By:
Dylan Reingold
County Attorney
Page 3 of 4
.
INDIAN RIVER COUNTY iry�Ssio•.
BOARD OF COUNTY COMMISSIONERS;"Q'zl `
As ;
:*s
�j � ••�RCOUFIS�•.�
By:
Bob Solari, Chairman
BCC approved: December 11, 2018
[Signature Page to First Amendment to Revised and Restated Joint Fiber Optics Project]
ATTEST:
Tammy K. Bursi
City Clerk
(City Seal)
CITY OF VERO BEACH
CITY OF VERO BEACH, FLORIDA
Harry Howle III
Mayor
ADMINISTRATIVE REVIEW
(For Internal Use Only—Sec. 2-77 COVE Code)
Reviewed and approved as to form and legal Approved as conforming to municipal policy:
sufficiency (exclusive of final exhibits,
schedules, and attachments):
Wayn R. Coment
City Attorney
James R. O'Connor
City Manager
[Signature Page to First Amendment to Revised and Restated Joint Fiber Optics Project]