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AGREEMENT FOR PAYMENT OF ENGINEERING SERVICES
THIS AGREEMENT, entered into this jAth day of ortnt,er , 2008, by and
between FAST FOOD ENTERPRISES #2, LLP, doing business as Burger King, whose
address is 144 Vista Royal Square Vero Beach, FL 32962-3057 and the BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, 1801 27th Street, Vero Beach, Florida 32960 (County)
WITNESSETH:
WHEREAS, the COUNTY has proposed widening and improvement to the State
Road 60/58th Avenue intersection (Project); and
WHEREAS, Fast Food Enterprises #2, LLP, (Burger King) is the owner of the
parcel property on the northeast corner of the Project and operates a Burger. King
restaurant at that site; and
WHEREAS, Ryanwood Shopping Center LLC/Equity One, (Ryanwood) owns and
operates Ryanwood Shopping Center on the north side of State Road 60 east of 58th
Avenue; and
WHEREAS, the Project will impact property owned by Burger King and
Ryanwood; and
WHEREAS, the parties have agreed to try and work out an amicable situation in
the spirit of cooperation that would result in the mitigation of damages to all parties; and
WHEREAS, Burger King is desirous of working out an agreement whereby the
parking loss due to the Project will be kept at a minimum; and
WHEREAS, Ryanwood is also interested in keeping the impacts of the Project to
a minimum; and
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WHEREAS, all of the parties agree that it is necessary for Burger King to obtain
the services of professional engineering and surveying firm in order to study and plan
for the operation of their business following completion of the road improvements and
proposed take; and
WHEREAS, the County recognizes that it would be required to pay for the
engineering and survey services pursuant to Chapter 73 and 74, Florida Statutes; and
WHEREAS, Burger King has selected MBV Engineering to perform professional
engineering and surveying services on their behalf; and
WHEREAS, County has had the opportunity to review the contract between
Burger King and MBV for said services,
NOW THEREFORE, in consideration of the above and for good and valuable
consideration the parties agree as follows:
1. The above recitations are true and correct and fully incorporated into this
agreement.
2. The County agrees to reimburse Burger King for engineering and
surveying services provided by MBV Engineering, Inc., in a total lump sum not to
exceed $44,950.00, together with costs not to exceed $1,300.00.
3. Upon receipt of invoices from MBV Engineering, Inc., Burger King shall
supply the County with the invoice and the County will pay said invoice pursuant to the
Local Government Prompt Payment Act, Florida Statute 218.74 et.seq.
4. Burger King agrees to provide County with copy of all reports, drawings,
and surveys created by MVB Engineering and County shall be entitled to receive any
survey created by MBV Engineering certified to County.
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5. Parties agree that MVB Engineering, Inc., is not an employee, agent or in
contractual privity with the County.
The parties hereto have executed this agreement on the day and year written
above.
WITNESSES:
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ATTEST:
J. K. Barton, Clerk
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Deputy Clerk
APPROVED AS TO FORM
AND L S FICI
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WILLIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY
FAST FOOD ENTERPRISES #2, LLP
doing business as Burger King
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Mark(Holm Managing Partner
BOARD OF COUNTY COM Nt S (IQ f`tR
OF INDIAN RIVER COUNTY
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an, Sandra L. Bowden
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Approved: October 14, 2008
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