HomeMy WebLinkAbout2006-091 0 -1/6 /0
FM No : 405606-1 -21122-01
Vendor No: F 59-6000673-206
4
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
INDIAN RIVER COUNTY
LOCALLY FUNDED AGREEMENT
AMENDMENT NUMBER ONE "
THIS AMENDMENT, made and entered into this day of _fYI �KJ � 3�O � , 2006 , by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , an agency of the
State of Florida , hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY, State of
Florida, located at 1840 25th Street, Vero Beach , Florida 32960 , hereinafter called PARTICIPANT.
WITNESSETH
WHEREAS, on November 24, 2004, the parties entered into a Locally Funded Agreement,
hereinafter referred to as the AGREEMENT, wherein the DEPARTMENT agreed to provide certain
improvements in connection a Project Development and Environment (PD&E) study along CR-510
(Wabasso Road) from CR-512 to Indian River Bridge (#880052) in Indian River County and
hereinafter referred to as Project # 405606-1 -2112201 ; and
WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations
herein , the parties agree to further amend the certain Locally Funded Agreement dated November
24: 2004 as follows:
1 . The recitals set forth above are true and correct and are deemed incorporated herein .
2 . The following paragraphs are added to this agreement:
If the PARTICIPANT fails to complete the Project or decides to cancel the project, fails
to obtain Location Design Concept Acceptance (LDCA) , or fails to construct in
accordance with LDCA, the PARTICIPANT shall reimburse the DEPARTMENT for all
Project costs incurred by the DEPARTMENT (including the Federal Government's
share and the Department's share .)
If the Project is Federally funded and because of the PARTICIPANT's decision to
cancel the project the Federal Government declines reimbursement to the
DEPARTMENT, the PARTICIPANT shall reimburse the DEPARTMENT for all Project
costs incurred by the DEPARTMENT and declined reimbursement by the Federal
Government.
All provisions, covenants, terms and conditions of the AGREEMENT between the parties
theretofore entered into of November 24, 2004, as originally set forth therein , which are not hereby
expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and
confirmed and shall remain the same and be unaffected by these presents.
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IN WITNESS WHEREOF , this AMENDMENT to be executed by the parties below for the
purposes specified herein . Authorization has been give to enter into and execute this Amendment by
Resolution No . 2006 - n43 hereto attached .
STATE OF FLORIDA
INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION
•: �y CtMut,36� � •
BY:,. BY:
NAM E ` "12i ahue R- Zu er er ROS LYN IROZ
TITLE . 'Chai;rman " r, DI ECTOR OF TRANSP RTATION SUPPORT
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ATTEST: \ APPROVED : (AS TO FORM )
134 BY:
COU TY CLERK (SEAL) DISTRICT GENERAL OUNSEL
APPROVED : APPROVED :
I ' tBY : I—WA BY: baic� , �1-
COUNTY ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR
Indian Fiver County Ap ved Date
Administration
Budget
Co . Attorney
Risk Management
Department !)J
Division I
2 of 2
Florida Department of Transportation
JEB BUSH PROFESSIONAL AND OTHER CONTRACTUAL SERVICES - DISTRICT 4 DENVER J. STUTLER, JR.
GOVERNOR 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 SECRETARY
Telephone: (954) 7774603 Fax: (954) 7774602
April 27 , 2006
Mr. Jim Davis
Indian River County
1840 251h Street
Vero Beach , FL 32960
RE : EXECUTION — AMENDMENT NUMBER ONE
F . M . No. : 405606-1 -21 /22-01
Description : PD& E Study for CR-510
Dear Mr. Davis :
Attached please find a copy of an executed amendment between the Department and Indian River County
as referenced above for your files .
If you have any questions concerning this agreement, please do not hesitate to contact me at (954) 777-4624.
Sincerely,
Antonette P . Adams
Professional Services Administrator
District Four
: mh
Attachment
CC : Nick Danu , FDOT Project Manager
District Financial Services (2)
File
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www.dot.state .fl . us (a REwCMD PAP R
RESOLUTION NO. 2006- 043
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION AUTHORIZING THE CHAIRMAN ' S EXECUTION OF A
LOCALLY FUNDED AGREEMENT AMENDMENT FOR COUNTY ROAD 510
CONSTRUCTION.
WHEREAS, on November 24, 2004, Florida Department of Transportation
(Department) and Indian River County (the parties) entered into a Locally Funded Agreement
where in the Department agreed to provide certain improvements in connection with a Project
Development and Environment Study along CR-510 (Wabasso Road) from CR-512 to the Indian
River Bridge (#880052) herein after referred to as the Project; and
WHEREAS, the parties mutually agree that this agreement needs to be amended.
NOW THEREFORE, BE IT RESOLVED, that the Indian River County Board of
County Commissioners :
1 . Approves the Amendment of the Agreement between the State of Florida
Department of Transportation and Indian River County; and
2 . Authorizes the Chairman to execute the Amendment to the Agreement; and
3 . Directs the Indian River County Public Works Director to transmit the executed
Agreement Amendment to the Florida Department of Transportation.
THIS RESOLUTION was offered by Commissioner Lowther who
moved its adoption. The motion was seconded by Commissioner Davi s and
upon being put to a vote, the vote was as follows :
Chairman Arthur R. Neuberger Aye
Vice- Chairman Gary C . Wheeler Aye
Commissioner Thomas S . Lowther Aye
Commissioner Wesley S . Davis Aye
Commissioner Sandra L. Bowden Aye STATEOFFLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
ATRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE
JEF� K. T N, CLERK
BY D.C.
DATE D
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RESOLUTION NO. 2006- 043
The Chairman thereupon declared the resolution duly passed and adopted this 21 st day
Of March 2006 .
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
B'!: SZ
Arthur R. Neu er er, Chair
Attest :
ffrey K. Barton, Clerk of Court
Deputy Cler
kk
APPROVED AS TO LEGAL SUFFIECIENCY
By: 4 o
illiam G. Collins, II, County Attorney
APPROVED AS TO PUBLIC WORKS DEPARTMENT MATTERS
By L .
JV W. Davis, P.E., Public Works Director
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