HomeMy WebLinkAbout2022-144AMENDMENT 1 TO AGREEMENT NO. 36528 BETWEEN THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY
FOR INDIAN RIVER COUNTY MOORHEN MARSH LEAPS (IRL20-21)
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 ("County") whose address is 1801
27th Street, Board of County Commissioners, Vero Beach, Florida, 32960-3388, and is effective on the
date the last party has executed same.
PREMISES:
The parties entered into Agreement No. 36528 on March 10, 2021 for Indian River County Moorhen
Marsh LEAPS (IRL20-21) ("Agreement"). The parties desire to 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:
Paragraph 1(a) TERM; WITHDRAWAL OF OFFER: delete — this paragraph and replace it with the
following paragraph:
The term of this Agreement is from March 10, 2021 ("Effective Date") until January 31, 2023
("Completion Date"). Recipient shall not commence the Project until any required submittals are
received and approved. 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
before November 1, 2022. Timely requests to extend, for longer than six months, beyond the
original Completion Date of the Agreement for projects whose District contribution exceeds
$100,000 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 survive
termination or expiration hereof (e.g., delivery of a final report, will remain in full force and
effect after the Completion Date as necessary to effect performance).
2. All other terms and conditions of the Agreement, including any prior 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. '�pAMMtSS
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ST. JOHNS RIVER WATER INDIAN RIVER COUNTY � *:
MANAGEMENT DISTRICT
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y' BY: . CO
Louis J. Donn gelo, Bureau Chief, or designee, Project
Management
Peter D. 0 Bryan, Chairman
Date: 8/22/22
Typed Name and Title
Date: August 16, 2022
Attest:
-2.
Typed Name and Title
/%F`Pf'1(')VE-D AS, TO FORM
AND LEGAL SUFFICIENCY
4D( If�IR INGOLO
OOUNTY A170Rfti1E
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
By: dLd6 ...�
Deputy Clerk