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HomeMy WebLinkAbout2000-329do AMENDMENT NO.2 TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT NORTH COUNTY REGIONAL PARK IRC PROJECT NO. 9926 THIS is an amendment to the existing AGREEMENT dated MARCH 21, 2000, between BRAD SMITH ASSOCIATES, INC. (ENGINEER) and INDIAN RIVER COUNTY (COUNTY). This amendment address changes in "SECTION III - SCOPE OF SERVICES" and "SECTION V - COMPENSATION", of the AGREEMENT. SCOPE OF SERVICES The section of the AGREEMENT entitled "SECTION III - SCOPE OF SERVICES" shall be revised to include the additional professional services IN OBTAINING A United States Army Corp. of Engineers (USACOE) Permit as follows: 1. Prepare additional specific exhibits required by USACOE. 2. Meet with Irene Sadowski of USACOE to review site conditions and proposed mitigation plan. 3. Prepare USACOE Public Notice draft and pertinent attachments. 4. Meet with the U.S. Fish and Wildlife Service to discuss Project and Mitigation Plan. 5. Respond to USACOE comments and comments received from Federal Agencies. COMPENSATION This section of the AGREEMENT entitled "SECTION V - COMPENSATION' shall be revised in response to the Scope modifications set out herein. The charges associated with Section V are $4,200.00. AGREEMENT shall be increased from $258,570.00 to $262,770.00. The AGREEMENT is hereby amended as specifically set forth herein. All sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. This Amendment No. 2 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. FAEngineeringWimp\Capital Projects\9926 Anxndment 2.xpd Page i db 4M 40 In WITNESS whereof the parities have executed the Amendment this 7th Day of November 2000. Br Smith iates, Inc. 18 W us ulevard, Suite 112 M 32901 B WITNESS: WITNESS: (Corporate seal is acceptable in place of witnesses) Board of County Commissioners Indian River County, Florida Q� l8 l� Fran B. Adams, Chairman' B.C.C. approved 1.1/7/00 Attest Jef ey K. Barton, Clerk Indian River County Approved Date Administration Budget Legal Risk Management Public Works !4 3� `V EngineeringTEL ����� FAFngineering!Kjmp\Capital Projects'M26 Amendment 2.wpd Page 2 r 40 G Date: October 20, 2000 To: Chris Kafer Front; Brad Smith, ASLA P4 RE: USACOE Permit expediting services Since preparing Amendment #1, it has become obvious that the USACOE permit (wetland impact and mitigation) may pose additional delays to the project. Therefore, we are proposing the following additional services in an attempt to circumvent potential delays and expedite the permitting process. It is ]toped that these efforts will result in obtaining the USACOE permit within two weeks of the SIRWMD permit (best -case scenario). Specific services are as follows: • Prepare additional specific exhibits required by USACOE • Meet with Irene Sadowski of USACOE to review site conditions and proposed mitigation plant • Prepare IJSACOE Public Notice draft and pertinent attachments • Meet with the U.S. Fish and Wildlife Service to discuss Project and Mitigation Plan • Respond to USACOE comments and comments received from Federal Agencies Fixed fee for the above services shall be $4,200. Please call if you have any comments or questions. 1900 W. H bwus Bouiw&rd, sjfta 112 ■ M04loume. Florida 32801 16 (321) 724.103a a Fax (321) 724.8429 Page ! of 2 Z0 39V-3 '�u5_t+ HlItr; Qvdil 6Zr6VZ/.1ZET ET:ST 0002/az/at 40 to 0 J. r ri ORIOA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. PARTIES: - I of jln &QArtgrnpfB_Road,,^�Ms Ihnnrnca Reach, FT aril TNnTAN R,TURR �u -+-t �„p,ni i!•ira �anhd-iTLi �i nn of t-.n�S} to of FTnri[ia IBtmH. [. 7 fi Q n IPtxxw 1. d each .� I.� - tWeby agree that the 5aliar shall sell aril a stuaf -1t Ie to real property 1' Heal Pro er '1 and permital property I' Pe[snll:[I� 1 (collectively ' Pr rt 1 [[pen the fdwwrtg terms and conditions, which INCLUDE the Standards for Roal Estate lransactkxls (' tarxar I pnlnto[d on tfe reverse or atti0wX] ala[xl any Rdets and kkuxln to this utatfumtant L DESCRIPTION: (a) Legal description dReal Property located In T A is a L-. i Yat County. Florida S _FF ATTnCHFn T mm T1FSf`RTP'PTQN -- f Tax parr -el Nnmhar 23 al 9R nnnnn_annl I_ann()'I-1,� (b) Street address, city, zip. of the Properly Is: --- —' eft Personally. 11. PURCHASE PRICE....................................................................................................... PAYMENT: (a) Deposit(s) to be troll in escrow by moo— agfeii.t p r nv i A i n n ¢ i F 1 a nn 1 ii rap amount of (b) Additional escrow deposit within days after Effective Date In the amount of.... ................ ........ ......... ........ (c) Subject to AND assumption of mortgage In good standing in favor of having an approximate present principef balance of ... $ Id) Purchase money mortgage and rate bearing annual Interest at % (see Addendum) in amount of ...................... $ (e) Other: $ IU Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and proration ...................... S 7Q., gn n - on III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer Is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before , the deposit(s) will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of this Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract (" Effective Date-) will be the date when the last one of the Buyer and Seller has signed this offer. IV. FINANCING: None (a) It the purchase price or any part of it is to be financed by a third party ban, this Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or (2) or (3)): (Il ❑ a fixed, (2) ❑ an adjustable or (3) ❑ a fixed or adjustable rate loan within days after Effective Date at an initial interest rate rat to exceed •.. I term of years and for the principal amount of $ . Buyer will make application within days after Effective Dale and use reasonable diligence to obtain the ban commitment and, thereafter, to meet the terms and conditions of the commitment and close the ban. Buyer shall pay all loan expenses. If Buyer :ails to obtain the commitment or falls to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or alter diligent effort falls to meet the terms and conditions of the commitment, then either party thereafter by prompt written notice to the other may cancel the Contract and Buyer Shall be refunded the deposit(s). (b) The existing mortgage described in Paragraph file) above has (CHECK (1) or (2)1: (If ❑ a variable Interest rate or (2) ❑ a fixed interest rate of % per annum. At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum. Seller shall, within days after Effective Date. furnish statements from all mortgagees stating principal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligent)y complete and return them to the mortgagee. Any mortgagee charge(s) not to exceed $ shall be pad by lit not filled in. equally divided). If Buyer is not accepted by mortgagee or the requirements for assumption are net in accordance with the terms of this Contract or mortga a makes a charge in excess of the slated amount, Seiler or Buyer may rescind this Contract by prompt written notice to the other party unless either elects to pay the increase to interest rate or excess mortgagee charges. V. TITLE EVIDENCE: Al least 90 days before closing date. Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A. (CHECK (1) or (2)): (1) ❑ abstract of title or (2) §? title insurance commitment and, after closing, owner's policy of title insurance. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on Ef - b e r er e 14e- r2a�®ded by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requiremenImposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 711z feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other; provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property forte, i n CI 1 a 'F AM it V l' 0- i A 0 R Go purpose(s). Vill. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but, if Property is intended to be rented or occupied beyond closing. the fact and terms thereof shall be stated herein and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing. Buyer assumes all risk of loss to Property from dale of occupancy. shall be responsible and liable for maintenance from that date, a(/d shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein or In a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract): (a) ❑ COASTAL CONSTRUCTION CONTROL LINE RIDER (c) ❑ FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (e) ❑ FHA/VA RIDER (b) ❑ CONDOMINIUM RIDER (d) ❑ INSULATION RIDER IR ❑ OTHER: XI. ASSIGNABILITY: (CHECK (p or (2)): Buyer (1) ❑ may assign or (2) M may not assign this Contract. XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum IIDMs attached or (2) ❑ there is no Addendum. XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS XIV. DISCLOSURES: Buyer ❑ W es net acknowledge receipt of the agency/radon/comtensatan and estimated closing cysts disclosures .... THIS IS INTENDED TO BEING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. M HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR App—I do[nim that any d the f6/rns and Cor0tims m this Caxracf should be Xospied by the parties in a parr War traraa hoa. tonin be nntploted based Won the respective Nferests, otyectives and bagaini g posrrims d ae inimested persons OPVRIGl1T 1991 BY TME FLOR A BAR AND THE FLORIDA ASSOGIATK)N OF REALTONSC IG T. PR _ �O JFK 1117100 Date Social Se or Tax I.D. s ✓�.2 - 7P- .l -40e SoCc�al 5231(y or E:pli Date ALL L ^^• Ieuysrl 1 Social Security or Tax I.D. Social Security or Tax I.D. Deposit under Paragraph II(a) received; IF OTHER THAN CASH. THEN SUBJECT 10 CLEARANCE. (Escrow Aqent) BROKER'S FEE. (CHECK AND COMPLETE THE ONE APPLIC.ABLEI By: Cl f A LISTING ter agreesAGREE CNT--IS_CURR_ENT4e:' EFFECT: pthe pe -including taco^rating sub -agents named. according to the terms of an existing, separa[e hshrxt agrc•en:enl OR ❑ IF TING AGREEMENT IS CURRENTLY IN EFFECT: tk+ agrees to pay the Broker named below, at t:me of c . from the disbursements of IIx: Filmeed, rd the sale, compensation it, me amount of [COMPLETE ONLY ONE( of gross purchase price or S. for Brokers servx:es in effecting the sale by tingling the Buyer ready, willing aril atm, to purchase pursuant to nvxx It., loreny Loneacl If awryer fails to perform and deposals) is natained. 50' thereof. but no. exceeding it*- Broker's tee above prowled, shall be paiii lk,ir. ai fu'x ll cnnwiaIu lu, Doker s se*-i,e:e•- ex.IW�rg costs expended by Bxok.ar. and the balarke shall be pad to Se11cn It the transaction shall not close because of refu-I l :;F•lw,r to'—form •.;r lk r sha+l p" in, full fee to Broker ca demand. In any nxiation arising out of the Coon!t[M,I conte+nava the- &'oker s fee. IIIc prevaihtx] Vnr,;- shall recWe,r leas arxt Coat, if n n 0 1,0e Wax, w, ADDENDUM TO PROCTOR SALE TO INDIAN RIVER COUNTY LEGAL DESCRIPTION* From the SW corner of the SW 1/4 of the NW 1/4, Run East along the South line of said SW 1/4 of NW 1/4 a distance of 800 feet to the Point of Beginning. Then North 300 feet; thence East 150 feet; thence South 300 feet; thence West 150 feet to the Point of Beginning. Located in Section 23, Township 31 South, Range 38 East, Indian River County, Florida. Tax Parcel Number 23-31-38-00000-3000-00003.1 * It is agreed that the final legal description will be determined by survey, if any. SPECIAL CLAUSES 1. It is agreed that the Buyer shall obtain title insurance, at Buyer's expense. peon -ox- C-0N7-1i4e-r �naan fiirr Ca AGG�oveO Datc Admin. ' rJ t Vu Legal t�i is � Auugrt IUCG• RISK Mgr.