HomeMy WebLinkAbout2024-056Contract # 36526
Amendment # 3
AMENDMENT 3 TO THE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY
.FOR INDIAN RIVER COUNTY WEST WABASSO SEPTIC -TO -SEWER PHASE 3
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
1801 27th Street, Bldg. A, Vero Beach, Florida 32960 and is effective on the date the last party has
executed same.
PREMISES:
The parties entered into Agreement No. 36526 on April 8, 2021, for Indian River County West Wabasso
Septic -to -Sewer Phase 3 ("Agreement") and amended the Agreement on November 21, 2022
(Amendment 1), and June 26, 2023 (Amendment 2). 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. TERM; WITHDRAWAL OF OFFER: delete and replace with the following:
The term of this Agreement is from April 8, 2021 ("Effective Date") until January 31, 2025
("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
October 31, 2024. 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 Rill force and effect after the Completion Date as necessary to effect performance).
(a) This Agreement constitutes an offer until authorized, signed and returned to the District by
Recipient. This offer terminates 90 days after receipt by Recipient; provided, however, that
Recipient may submit a written request for extension of this time limit to the District's Project
Manager, stating the reason(s) therefor. Request for extension of time after the 90 days will be
denied. The Project Manager shall notify Recipient in writing if an extension is granted or
denied. If granted, this Agreement shall be deemed modified accordingly without any further
action by the parties.
2. ATTACHMENT A —STATEMENT OF WORK, V. TASK IDENTIFICATION AND TIME
FRAMES: delete and replace with the following:
The expiration date of this cost -share agreement is January 31, 2025. The projected schedule is as
follows:
Task Description
Actual Start Date
Anticipated Completion Date
Construction
I November 15, 2022
I January 31, 2025
All other terms and conditions of the Agreement, including any prior amendments, are hereby ratified
and continue in full force and effect.
Contract # 36526
Amendment # 3
IN WITNESS WHEREOF, the parties hereto have duly executed this amendment on the date set forth
below.
ST. JOHNS RIVER WATER
MANAG M NT DlsjqZlcT
By:
Mary Ilennkler, J.D., Assistant Executive Director
0
Date: 4-2 //ZV-
Kendall Matott, J.M., SJRWMD QC Reviewer
INDIAN RIVER COUNTY
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