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HomeMy WebLinkAbout2020-236FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND VERO BEACH MOB, LLC FOR VERO BEACH MEDICAL OFFICE BUILDING THIS FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND VERO BEACH MOB, LLC FOR VERO BEACH MEDICAL OFFICE BUILDING ("Amendment") is entered into as of the 10 day of November , 2020 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("COUNTY"), and Vero Beach MOB, LLC, a Florida limited liability company, whose address is 435 5th Avenue N., St. Petersburg, FL 33701 (the "DEVELOPER"). RECITALS WHEREAS, COUNTY and DEVELOPER entered into the Agreement Between Indian River County, Florida and Vero Beach MOB, LLC for Vero Beach Medical Office Building, dated , 2020, (the "Agreement"), which address a cost -share between the parties for the construction of certain off-site utility improvements (the "Improvements"); and WHEREAS, the costs of the Improvements exceeded the initial cost estimate set forth in the Agreement, NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendment of Section 1 (Off -Site Utilities). The last two sentences of Section 1 of the Agreement is amended to read as follows: "Within 30 calendar days of acceptance of the bill of sale for the Force Main and submittal of the necessary maintenance security, COUNTY shall reimburse DEVELOPER nineteen percent of the estimated installation cost of the Force Main, as set forth in Revised Exhibit "C". The COUNTY shall pay no more than $6,416.51 $8,368.01 for the Force Main." 3. Exhibit "C" to the Agreement shall be removed and replaced with Revised Exhibit "C", which is attached to this Amendment. 4. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, County and Developer have executed this instrument this _ day of .2020 Page 1 of 3 CO IATY Co1�• Adams, Chairman �rfrY'oP,: 0( County Commissioners Approved by BCC November 10, 2020 Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Bly-�:a,IVWA Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingol County Attorney (/ \4 d b\-- Jason . B wn, Coun A mistrator DEVELOPER: Vero Beach MOB LLC By: Patrick Marston Vero Beach MOB, LLC Managing Member Date: I I 1 -2 1 -zo Zo Page 2 of 3 Witness Signat �tt�DRW IGGIN 1 Witness Printed Name Witness Signature _1661+ -L-'ASC-P- Witness Printed Name STATE OF FLORIDA COUNTY OF �:RNo _AS The foregoing was acknowledged before me this Z day of ►Jolt gE2 20LZ, by 1�'i�mRiC MARSTbt-i the M&NAGFP— of �rxo WjW-1+ N103 , a Florida LLC-- , who executed on behalf of and with the full authority of said entity, and who is either personally known to me or produced (driver's license or passport) as identification. (stamped seal with printed name, commission number and commission expiration date) NOTARY: signature: SEAL: ;�►!; KIM DUNLAY MY COMMISSION M GO 212817 EXPIRES: /I*mt 30, 2022 rood ..00 B*rKW M PW* UndMwd" Page 3 of 3 MVI BV ENGINEERING, INC. MOIA BOWLES VILLAMIZAR & ASSOCIATES www.mbveng.com CA #3728 REVISED EXHIBIT C ESTIMATE OF CONSTRUCTION COST Vero Beach MOB Forcemain Cost - Direction Drill - Shared Costs Bid Item Estimated No. I Bid Item Description Quantity Unit Unit Price I Total Price 1 JORIGINAL DEVELOPER'S AGREEMENT (IEZCD1'S share) (Exhibit C) 1 EA $ 6,416.51 $ 6,416.51 2 6" PVC (DR 18) (Cost dift'erence for the u )sized PVC) (F"xbibit C) -475 LF $ 5.70 $ (2,707.50) 3 4" HDD inc HDPE, Fusing, & Bentonite Removal (Develo >er Rec wired) -475 LF $ 25.50 $ (12,112.50 4 6" HDD inc HDPE, Fusing, & Bentonite Removal i County Requested) 475 LF $ 31.50 $ 14 962.50 1 - Total cost differential to upsize to 6" HDD $ 6,559.01 ... <.... 2 ';6 -IN °' ' : �� �� C�un tt�sted � 1 6" x 4" Tee `� �' 7'7" 1 EA $ 560.00 $ 560.00- 2 4" Gate Valve w/ blind flange 1 EA $ 1,100.00 $ 11100.00 3 4" Cap EA $ 150.00 $ 150.00 2 - Total County -requested items $ 1,810.00 No. 55313 so OF 'W= Aaron Bowles, P.E.tOROP'-('� NA'-Iv?�\\� �//1111111\\� 1 - Total cost differential to upsize to 6" HDD $ 6,559.01 2 - Total County -requested items $ 1,810.00 Total shared cost to County $ 8 369.01 11 2 2020 FL PE# 55313 Date 1835 20th Street 1250 W. Eau Gallie Blvd., Suite H 806 Delaware Avenue Vero Beach, FL 32960 Melbourne, FL 32935 Ft. Pierce, FL 34950 772.569.0035 321.253.15 10 772.468.9055 Fax: 772.778.3617 Fax: 321.253.091 1 Fax: 772.778.3617 901 Martin Downs Blvd., Suite 203 Palm City, FL 34990 772.426.9959 Fax: 772.778.3617