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Home My WebLink About2006-434 la / 9 - 06 c. y FIRST AMENDMENT TO t' FUNDING AGREEMENT AND MEMORANDUM OF UNDERSTANDING AMONG INDIAN RIVER COUNTY, INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT, THE DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE AND INDIAN RIVER COMMUNITY COLLEGE FOUNDATION , INC . FOR A FULL SERVICE JOINT USE PUBLIC/COMMUNITY COLLEGE BRANCH LIBRARY This First Amendment to the Funding Agreement and Memorandum of Understanding (" First Amendment") is dated as of December 19 , 2006 (" Effective Date") and amends the Funding Agreement and Memorandum of Understanding (" Funding Agreement') made and entered as of January 25 , 2005 , by and among Indian River County, a political subdivision of the State of Florida (the "COUNTY') , Indian River County Clerk of Circuit Court , a constitutional officer pursuant to Article V, Section 16 , of the Florida Constitution (the "CLERK") , Indian River Community College Foundation , Inc . , a Florida not-for-profit corporation (the " FOUNDATION ") , and The District Board of Trustees of Indian River Community College , a political subdivision of the State of Florida (the `TRUSTEES') . Whereas the parties hereto have entered into the Funding Agreement for a full service joint use publicicommunity college branch library in Indian River County, Florida ; and Whereas , the parties hereto have agreed to amend the Funding Agreement to reflect the fact that an additional $ 1 , 200 , 000 . 00 in funds are available to be transferred to the FOUNDATION by the COUNTY and the CLERK for a total of $5 , 500 , 000 . 00 , and the FOUNDATION shall seek matching funds for the additional $ 1 ,200 , 000 . 00 from the Florida Legislature . The parties further acknowledge that an additional $ 500 , 000 . 00 in construction funds will be contributed by the COUNTY to the Library in accordance with a grant from the State of Florida ; however no matching funds are eligible for that contribution . NOW THEREFORE , in consideration for the mutual covenants contained herein and other good and valuable considerations , it is agreed that, from and after the effective date of this First Amendment, the Funding Agreement is amended as follows : 1 . The foregoing recitals are true . 1 2 . In addition to the $4 , 300 , 000 . 00 referred to in paragraph 2 of the Funding Agreement, and upon execution of this First Amendment, and on or before January 31 , 2007 , the COUNTY and the CLERK shall transfer or cause to be transferred to the FOUNDATION an additional $ 1 , 200 , 000 . 00 for a total of $ 5 , 500 , 000 . 00 which total amount with any earned interest thereon as set forth in the Funding Agreement shall be considered the COUNTY contribution to be deposited in a separate capital facilities matching account and maintained in a qualified depository as defined in the Florida Statutes , Section 280 . 02 (2006) and located in the State of Florida (hereinafter a "Qualified Public Depository") and referred to as the " Foundation Matching Account" and held invested and disbursed as provided in the Funding Agreement. 3 . The TRUSTEES and FOUNDATION agree to apply for matching funds from the Florida Legislature in connection with the additional $ 1 , 200 , 000 . 00 amount set forth in this First Amendment. Immediately upon receipt by the TRUSTEES of any and all appropriations by the Florida Legislature for the Library Facility, the TRUSTEES shall promptly deposit same into a separate Capital Facilities Matching Account, maintained in a Qualified Public Depository, which shall be included in the Trustees Matching Account , all as set forth in Paragraph 3 . 2 of the Funding Agreement. 4 . The COUNTY shall contribute an additional $ 500 , 000 . 00 in construction funds received in accordance with a grant from the State of Florida in the form of reimbursed funds that are not eligible for matching funds . 5 . All other provisions of the Funding Agreement not in conflict herewith are hereby ratified and confirmed and shall remain in full force and effect. IN WITNESS WHEREOF , the parties hereto have made and executed this First Amendment effective as of December 19 , 2006 ATTEST: Jeffrey K. Barton , Clerk INDIAN RIVER ,� VNTY, FLORIDA BOARD Op'COUNt,*i,�oMMISIONERS By z y Clerk Bye r airy 0 Meeter Chairman BCC A0*6\ ed December 19 , 2006 Approved : Approved as to form and legal sufficiency: f' N � seph A. aird , County Administrator M�nFell, Assistant County Attorn%y 2 CLERK OF THE CIRCUIT COURT INDIAN RIVER COUNTY, FLORIDA B y — Jeffr . arton , Clerk Date Approved by Clerk v 7 WITNESSES : DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER C MMUNITY COLLEGE [sea64ABy- Signature Werner Bols, Chairman W 1/557 Date TRUSTEES Approved : 14n8107 Print Name Signature znnne, Y&Sons Print Name WITNESSES : INDIAN RIVER COMMUNITY COLLEGE FOUNDATION, INC. 7 / [seal] Aj By Jirie Anne Haisley, Executi rector Si ure {T)t0. n4 a - Lyc,- , e� Date FOUNDATION approved L)2 —DD Ant Name Signature Indian River Co.' Approved Date Administration a?at) n e S Legal Print Name Budget i 24 t7 Department Risk Mgt. 1 11 - 7 3 2. C . ; ADDENDUM TO INTERLOCAL AGREEMENT This addendum to the Interlocal Agreement entered into by and between the DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE , a political subdivision of the State of Florida ("Trustees ") , and INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") in connection with the construction of a full service joint use public/community college branch library as part of the County Library system located at the Mueller Campus of the Indian River Community College , and Whereas the parties hereto have entered into an Interlocal Agreement with an effective date of December 1 , 2005 , and Whereas the parties have agreed to amend the Interlocal Agreement to reflect additional funds available in connection with same as per First Amendment to Funding Agreement of even date herewith , and therefore in consideration of the mutual covenants contained herein and other good and valuable considerations , it is hereby agreed as follows : 1 . That the foregoing recitals are true . 2 . Article 4 . 1 . 1 of the Interlocal Agreement is hereby amended by deleting said article in its entirety , and replacing it with the following language : 4 . 1 . 1 — The parties acknowledge and agree that the Trustees have received $4 . 3 million dollars from the County contribution , and an additional $4 . 3 million dollars in matching funds from the State of Florida , and that there will be another $ 1 . 2 million dollar contribution from the County to be matched by an additional $ 1 . 2 million dollars from the State of Florida . The parties acknowledge and agree that the total of $ 11 , 000 , 000 . 00 plus any accrued interest thereon held under the Funding Agreement shall be used and allocated as follows : a maximum of $2 . 7 million dollars in the aggregate for the College Lane extension and the bridge components of the Library Project (the "non-Library Component') ; and the remainder of $ 8 . 3 million dollars to the Library facility, including without limitation all design and construction fees , insurance , bonding and other typical construction related costs , furnishings , fixtures , collections , fiber optic cable , telephone and computer equipment, and other equipment for the Library and a minimum of 120 dedicated parking spaces (the "Library Component') (the foregoing allocation of costs for the Library Component and the non-Library Component are hereinafter referred to as the " Project Allocation ") . The parties further acknowledge that an additional $ 500 , 000 . 00 in construction funds will be contributed by the COUNTY to the Library in accordance with a grant from the State of Florida ; however no matching funds are eligible for that contribution . The parties acknowledge and agree that the non-Library Component will be built to Indian River County standards and that construction of the non- Library Component will commence prior to construction of the Library Component . The parties further acknowledge and agree that the County and its agents including without limitation the Indian River County Clerk of Circuit Court or its designee , and the Trustees shall coordinate , monitor and control the sequence of contracts awarded by 1 the Trustees for the Library Component and the non-Library Component, together with use and disbursement of funds under the Funding Agreement, to secure that the Project Allocation is met . 3 . All other provisions of the Interlocal Agreement not in conflict herewith are hereby ratified and confirmed and shall remain in full force and effect. IN WITNESS WHEREOF , the DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE have hereunto set their hand and seals and the date and year indicated and with effective date of 2 day of c 200 DISTRICT BOARD OF TRUSTEES OF INDIAN [Seal] RIVER COMM NITY COLLEGE WITN SS: 41 4 � er Bois, CH RMA Signature/ Print Name INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Gary C . feeler, CHAIRMAN� ' 6 BCC Approved : Decdnti r 1 "2006 `� n ATTEST: Jeffrey K. Bartoh,bdrk, , DEPUTY CLERK Approved : Approved as to Form and Legal Sufficiency: c yJephj�A . aird , County Administrator U Y ATTOR //, iaa o. Ap roved Date i .2 ' /'[ 2