HomeMy WebLinkAbout2018-289Contract #28730
Amendment #2
AMENDMENT 2 TO THE COST SHARE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY
FOR OSPREY ACRES STORMWATER PARK PROJECT
THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT (the "District"), whose mailing address is 4049 Reid Street,
Palatka, Florida 32177-2571, and INDIAN RIVER COUNTY ("Recipient") whose address is 180127'
Street, Building A, Vero Beach, Florida 32960-3388, and is effective on the date the last party has executed
same.
PREMISES:
The parties entered into Agreement No. 28730 on August 29, 2016 to provide funding for the Recipient's
Osprey Acres Stormwater Park project ("Agreement") and amended the Agreement on June 20, 2018
(Amendment 1). The parties desire to further amend the Agreement.
NOW, THEREFORE, in consideration of the above premises, which are hereby made a part of this
amendment, the mutual covenants contained herein, and other good and valuable consideration, the parties
hereby agree to amend the Agreement as follows:
1. Paragraph l(a) TERM; WITHDRAWAL OF OFFER: delete this paragraph and replace it with the
following paragraph:
(a) The term of this Agreement is from August 29, 2016 ("Effective Date") through April 30, 2019
("Completion Date"). Time is of the essence for every aspect of this Agreement, including any time
extensions. Any request for an extension of time beyond the Completion Date must be made in
writing before January 30, 2019. Timely requests to extend the Completion Date of April 30, 2019
more than six months may only be approved by the District's Governing Board. Notwithstanding
specific mention that certain provisions survive termination or expiration of this Agreement, all
provisions of this Agreement that by their nature extend beyond the Completion Date, for example,
delivery of a final report, will remain in full force and effect after the Completion Date as necessary
to affect performance.
2. All other terms and conditions of the Agreement, including any subsequent amendments, are hereby
ratified and continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this amendment on the date set forth
below. Y; CpU1lTY Cp�i�;
ST. JOHNS RIVER WATER INDIAN RIVER COUNTY
m,
AGEMENT DISTRICT 4,
By:By: ri yO��pP,•
Ann B. Shortelle, Ph.D.,`ec live Director or designee �•'•••,..
Bob Solari, Chairman
Typed Name and Title
Date: /- -- / —/1J Date: December 18, 2
Attest: Jeffrey R. Smith, Clerk of Court
and omp r er
BY:
honda Zirkle, Deputy Clerk
APPROVED AS TO FORM
AND L SUF CI Y
WILLIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY