HomeMy WebLinkAbout2023-010AMENDMENT 2 TO THE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY
FOR INDIAN RIVER COUNTY MOORHEN MARSH LEAPS (1RL20-21)
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, FL, 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") and amended the Agreement on August 22, 2022
(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 1(a) TERM OF AGREEMENT: delete — this paragraph and replace it with the following
paragraph:
The tern of this Agreement is from the date upon which the last party has dated and executed the
same ("March 10, 2021 ") until March 29, 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 February 1, 2023. Timely requests to extend, for
longer than six months, the 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).
5. 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. ,fir �paiM�ss�o�✓.
ST. JOHNS RIVER WATER
INDIAN RIVER COUNTY
MANAGEMENT DISTRICT
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By: L/ By:
Louis J. Donnangelo, Bureau Chicf, or designee, Project
Management
Date: 1/18/23
APPMOVED AS TO FORM
AND LEUAL SUFFICIENCY
BY __
DYLAN REI{ G0 1-f.3
OOUNTY ATTORNEY
Joseph H. Earman, Chairman
Typed Name and Title
Date: January 17, 2023
Attest: Attest: Jeffrey R. Smith, Clerk of
-- Circuit Court and Comptroller
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