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2019-096
DUNS No.: 80-939-7102 CSFA No.: 55.008 FM No: 431759-1-4B/42/43/45-01 Vendor No: VF 596-000-743 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY COUNTY INCENTIVE GRANT PROGRAM LOCALLY FUNDED AGREEMENT AMENDMENT NUMBER TWO THIS Amendment, made and entered into this 26 day of 3-60—e--- 20 , 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, 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on June 9, 2015, the parties entered into a County Incentive Grant Program Locally Funded Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide the DEPARTMENT financial assistance in connection with Financial Management (FM) No. 431759-1- 4B/42/43/45-01 for the Right of Way appraisal, consultant, acquisition, and relocation services of various parcels for the construction of intersection improvements at SR -60 and 43`' Avenue in Indian River County, Florida, hereinafter referred to as the Project; and WHEREAS, the parties amended the Agreement on April 24, 2018 (Amendment Number One); and WHEREAS, the parties desire to further amend the Agreement; 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 amend that certain Agreement dated June 9, 2015 as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The term of the Agreement is extended for the completion of the Project. Paragraph 3 of Amendment is amended to read as follows: Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or June 30, 2021, whichever occurs first. All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered into on June 9, 2015 and amended on April 24, 2018, 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. 1 of 2 RESOLUTION NO. Z019- 043 A RESOLUTION OF THE BOARD OF 'COUNTY COMMISSIONERS OF. INDIAN RIVER COUNTY, FLORIDA,; AUTHORIZING THE ;CHAIRMAN'S EXECUTION OF AMENDMENT TWO TO A COUNTY INCENTIVE GRANT PROGRAM :LOCALLY . FUNDED. AGREEMENT ..WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT STATE;ROAD 60 AND ORD AVENUE. WHEREAS, Indian River County, (County) . with the assistance of: the Florida Department of Transportation (Department) is pursuing the construction of a roadway project for -the improvement of the intersection of SR '60 and CR 611 (43rd Avenue) (Project), associated with Financial Management (FM) Number. 431759-1; Section 88060-2526, in Indian River County, Florida; and WHEREAS, on June 9,.2015; the parties entered into a County Incentive :Grant Program: Locally Funded Agreement (Agreement) wherein the County agreed to provide financial assistance for the:right-of way appraisal, consultant, acquisition.andrelocation:services of various parcels needed forthe project; and - WHEREAS, the Partiesdesire.to amend that', Agreement to reflect time extension foracquisition of . right-of-way and,,environmental:serv,ices (FM Number 431759-1-C2-10) to the Contract; :and WHEREAS, the State of Florida, Department of Trans ortation, has re uested Indian` River County P P Q execute and deliver to the',State of Florida, Department of Transportation, Amendment. Number. Twoof a County Incentive Grant Program Locally Funded Agreement for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE. BOARD OF. COUNTY COMMISSIONERS' OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the. Board is hereby authorized :to make, execute, and deliverto the State of Honda, Department of Transportation, Amendment Number, One of a County Incentive Grant Program Locally -Funded Agreement for the ProJect. The foregoing resolution was offered by Commissioner ' FTesclierwho moved its adoption. The motion Was seconded by Commissioner 'Adams and, upon being put to a vote, the vote was s follows: Chairman Bob Solari :: AYE Vice -Chairman .SusanAdams AYE Commissioner Peter D: O'Bryan AYE Commissioner Joseph E.:Flescher AYE...... Commissioner -Tim Zorc AYE- The Chairman thereupon declared the resolution passed and adopted this 1 BOARD OF:COUNTY COMmisssiONtft$ IAN RIVERCOUNTY,A OF" ND FLORIf :.•A est Jeffrey'R:.Smith,.Clerk of Court and Comptroller By Bob Solari, .Cha irman. 019. En 0 Approved as to Form and .Legal Sufficie cy ©� 2U F -W j �f a wu. W�Iliarn K.,De.Braal,. Deputy County Atto Deputy Clerk j o C1z 111 Z (A W fL W Orr F:\Public Works\ENGINEERING DIVISION' PROJECTS\0853-43rd AVE 28th'ST to 26th $T (Arcadisj\1,Admin\Agenda.ltems\TOOT CIGP Rig. t-of-Way\FDOT COGP0 = t- 2 ¢ AMENDMENT, NO.2\IRC-0853 RESOLUTION 20190618.doc: ~ ~ RESOLUTION NO. 2019- 043 A RESOLUTION OF THE. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING. THE CHAIRMAN'S EXECUTION OF AMENDMENT TWO. TO A COUNTY 'INCENTIVE GRANT PROGRAM LOCALLY FUNDED. AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF INTERSECTION MPROVEMENTS AT STATE ROAD 60 AND 43RD AVENUE: WHEREAS, Indian'' River County, (County) with the assistance of the Florida Department of Transportation (Department) is pursuing the construction of a roadway project for theimprovement of the intersection of SR 60 and CR :611 (43,rd. Avenue) (Project), associated with Financial Management (FM) Number. 431759-1, Section 88060-2526; in Indian River County; Florida; and WHEREAS, on June 9, 2015; the partiesentered into a County Incentive Grant Program Locally Funded Agreement (Agreement) wherein the County agreed to provide financial assistance for theright-of- way ight-ofway appraisal, consultant, acquisition and relocation services of various parcels neededforthe project; and WHEREAS, the. Parties desire to amend that Agreement to reflect time extension for acquisition of right-of-way and:: environmental services (FM Number 431759=1-C2-10) to the contract; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, Amendment Number Twoof a County Incentive Grant Program Locally Funded Agreement for the Project. NOW, THEREFORE, BE IT RESOLVED .BY THE. BOARD 'OF. COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the. Board is hereby authorized to make, execute, and deliver to the: State of Florida,. Department of Transportation, Amendment Number One of a County Incentive Grant Program Locally Funded Agreement for the Project.:' ,., The foregoing: resolution was offered by Commissioner' Flescher who moved its adoption. The motion was seconded:by Commissioner Adams as follows: Chairman Bob Solari' Vice -Chairman .Susan Adams Commissioner Peter D. O'Bryan. Commissioner Joseph E. Flescher Commissioner Tim Zorc AYE AYE AYE and, upon: being put to'a vote, the.vote, was AYE • AYE The Chairman thereupon declaredthe resolution passed and adopted this 1883�'�;T BOARD OF. COUNTY COMMISSSI0Nt9S OF INDIAN RIVER COUNTY, FLORIDA;: Attest: Jeffrey R:.Smith; Clerk of Court and Comptroller By: Deputy By Bob Solari, Chairman Clerk F:\Public Works\ENGINEERING DIVISION' PROJECTS\0853-43rd AVE 18th ST to 2 AMENDMENT NO. 2\IRG0853 RESOLUTION 20190618.doc 019. mor', Approved as to Form and Legal Sufficie cy ,_- a ¢oz > MI— w I— . I— �Z William K.:DeBraal, Deputy County Att.o Lu 0 z oix j-4_ w Zu) W W y\FDOTC9ra h ST (Arced s) Admin nda Items \FDOT CIGP Right-of-