HomeMy WebLinkAbout2005-341 10
BOARD OF COUNTY COMMISSIONERS 1 '
OFFICE OF COUNTYATTORNEY
William G. Collins II, County Attorney '
Marian E . Fell, Assistant County Attorney ►�
William K . DeBraal, Assistant County Attorney
�ORI4�'
November 18 , 2005
Deborah C . Krages
City Clerk
City of Fellsmere
21 Cypress Street
Fellsmere , FL 32948 -6714
Re : Historic Fellsmere School Restoration
Second Amendment to Interlocal Agreement
County Attorney' s Office File 807 -2
Dear Ms . Krages :
Attached for your records is a copy of the fully executed and recorded Second
Amendment to Interlocal Agreement between Indian River County and the City of
Fellsmere .
Thank you for your assistance in this matter.
Sincerely ,
COUNTY ATTORNEY' S OFFICE
r
Lea R . Keller, CLA
Legal Assistant
Enclosure
cc : Tom Frame , General Services Director
Jason Brown , OMB Director
j,Zlerk to the Board (original )
Tina Gaddy , Fixed Assets , Finance
184025,h Street, Vero Beach, Florida 32960 • (772) 567- 8000, Ext. 1424 Fax (772) 569- 4317
ircattorney@ ircgov.com
l � • 50
This dacamem rmwpr irej by
and SttlDi.dd he itet-nmADd to 1703313
the, Cee y A1to.rncy'g C f ev � THIS DOCUMENT HAS BEEN RECORDED
100 2ttfllto , Ve: 5Ai �' IN THE PUBLIC RECORDS OF
SECOND AMENDMENT INDIAN RIVER COUNTY FL
I10rida 329GO BK : 1959 PG : 1214 , Pagel of 2
to INTERLOCAL AGREEMENT 11 /14/2005 at 04: 12 PM ,
between INDIAN RIVER COUNTY, FLORIDA,
and CITY OF FELLSMERE , FLORIDA COURT JEFFREY K BARYON, CLERK OF
THIS SECOND AMENDMENT TO INTERLOCAL AGREEMENT ("Second
Amendment" ) is by and between INDIAN RIVER COUNTY, FLORIDA , a political subdivision of
the State of Florida , ( hereinafter "COUNTY" ) , and the CITY OF FELLSMERE , FLORIDA , a
municipal corporation ( hereinafter "CITY" ) and bears an effective date of October 11 , 2005 .
BACKGROUND RECITALS :
A . The CITY and COUNTY entered into an Interlocal Agreement dated October 17 , 2000
(" Interlocal Agreement" ) , for the purpose of improvement , restoration , rehabilitation ,
adaptive use , and lease of the historic Fellsmere School located at 22 South Orange
Street , Fellsmere , Florida ( " Fellsmere School " ) .
B . The Interlocal Agreement was amended by an Addendum recorded in the public
records of Indian River County October 15 , 2001 , to revise the legal description of the
Fellsmere School ( hereinafter " First Amendment" ) ; and
C . The parties now desire furtherto amend the Interlocal Agreement to provide additional
flexibility to both parties with respect to the Fellsmere School ;
NOW , THEREFORE , in consideration of the mutual terms , conditions , promises ,
covenants and premises hereinafter set forth and intending to be legally bound , the COUNTY
and the CITY agree as follows :
1 . The COUNTY shall transfer all existing account balances to the CITY on or before
October 31 , 2005 ,
2 . The COUNTY shall close out any existing purchase orders and grants on or before
October 31 , 2005 .
3 . The CITY shall thereupon cause Fellsmere School to be repaired with the
transferred and other legally available CITY funds .
4 . Paragraph 4 of the Interlocal Agreement is hereby deleted so that the COUNTY
leasehold interest in the Fellsmere School is terminated as of the effective date of this
Second Amendment ,
4 , Effective November 1 , 2005 , the Interlocal Agreement shall be terminated and of no
further force and effect , and neither the County nor the CITY shall have any further
obligations hereunder.
5 . This Second Amendment shall be recorded in the Official Records of Indian River
1
County, Florida , upon execution by both parties to this Second Amendment ,
6 . The background Recitals are true and correct and form a material part of this
Second Amendment ,
IN WITNESS WHEREOF , the parties hereto have caused this Second Amendment to
be executed by their duly authorized officials as of the date first set forth above .
INDIAN RIVER COUNTY
'f BOARD OF COUNTY COMMISSIONERS
Attest : :^ y Bartpn, Clerk
BY -
By C
Ceputy Clerk Thomas S . Lowther, Chairman
�. BCC Approval Date : Oct ) her 11 , .2zocL
Approved :
� h
Jo ` ph A aird , County Administrator
PApo form and legal sufficiency :
, Assistan unty A rney
D01
. Krages CITY OF FE SM RE
�tr Cferk
r i
BY
°G pity mak ., ohn A . McCants , Mayor
RL. ntl 00 < t�
City Approval Date : November 3 , 2005
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