Item F1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1 28 09 - KW
Bulk Item: Yes No xx
Division.:_ FngineerIt�&.
Staff Contact Person:�.Tudg Clarke
AGENDA ITEM WORDING:
Request approval of Third Amendment to Supplemental Agreement for Road and Bridge Funds between
Islamorada and Monroe County, to extend the termination date of the agreement and allow additional time for
the Village to make roadway improvements funded by the County.
ITEM BACKGROUND:
On July 28, 2001 the parties entered into an agreement for the County to reimburse the Village for expenditures
for roadway improvements to the road formerly known as State Road 4A or County Road 904, because certain
improvements budgeted by the County were not conducted before the incorporation of the Village. The Village
decided to wait to make the improvements until after Aqueduct water lines were replaced, to save money on
road repairs and improvements. The original agreement had an expiration date of July 1, 2006, which was
extended, first (on 6/21/06) to July 1, 2008; then (5/21/08) to October 1, 2008. The Village has asked for
another extension.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACTIAGREEMENT CHANGES: Extension of expiration date to May 31, 2009.
STAFF RECOMMENDATIONS:
TOTAL COST: BUDGETED. Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No UNT PER MONTH Year
APPROVED BY: County Atty urchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 2/05
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Islamorada, V. of Islands
Contract #
Effective Date: July 18, 2001
Expiration Date: May 31, 2009
Contract Purpose/Description:
Road improvements to Old State Road 4A
- when the Village of Islamorada
inco orated, Monroe County Agreed to fund these improvements.
Contract Manager: Dave Koppel
x4426 Engineering, Stop #1
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on Jan.. 28, 2009
Agenda Deadline: January 13, 2009
CONTRACT COSTS
Total Dollar Value of Contract: $ 969,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 102-22509-560630-
Grant: $ N/A - - -
County Match: $ NIA - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance, util
I Division Director
Risk Management
0.M.B./Purc7as1Cng
County Attorney
I Comments:
CONTRACT REVIEW
Changes
Date In Needed
/ -!Z-09 Yes❑ No[21<
kl�L8 Yes❑ No[2/ _
l 15 - Yes❑ Nol!C _
H'�' Yes NoQ"-�
508,982.26 ,
salaries, etc.)
Date Out
/Z
OMB Form Revised 2/27/01 MCP #2
THIRD AMENDMENT TO
SUPPLEMENTAL AGREEMENT FOR ROAD AND BRIDGE FUNDS
BETWEEN ISLAMORADA VILLAGE OF ISLANDS AND MONROE
COUNTY
This Third Amendment to the Supplemental Agreement for Road and Bridge Funds between
Islamorada Village of Islands and Monroe County (the "Third Amendment") is made and entered
into this 28th day of January, 2009, by and between Islamorada Village of Islands (the "Village"),
Florida, a municipal corporation of the State of Florida, and Monroe County (the "County"), Florida,
a political subdivision of the State of Florida.
WITNESSETH
WHEREAS, on July 18, 2001 the parties entered into a Supplemental Interlocai Agreement
for Road and Bridge Funds to resolve fund balance issues, attached as Exhibit "A," whereby the
County would make payments to the Village for roadway improvements to formerly known State
Road 4A or County Road 904 situated within the municipal limits of the Village (the "Agreement");
and
WHEREAS, the Supplemental Agreement provided for a termination date of July 1, 2006;
and
ZOQB; WHEREAS, on June 21, 2006, the parties agreed to extend the termination date to July 1,
and
WHEREAS, on May 21, 2008, the parties agreed to extend the termination date to October
31, 2008; and
WHEREAS, the Village delayed the road work to allow the work to be performed after
Aqueduct water lines were replaced; and
WHEREAS, the County recognizes the economy of performing the road work once instead
of twice; and
WHEREAS, the County desires to retroactively extend the Supplemental Agreement in order
to provide the Village the additional time to complete all acts as contemplated under the Agreement.
NOW THEREFORE, in consideration of the mutual covenants set forth in this Third
Amendment, the parties hereby amend the Supplemental Agreement dated July 18, 2001, as
previously amended, as follows:
Section 1. Amendment to Agreement The parties amend Section 17 of the Agreement to
read as follows:
3d Amend Sup'I Ag 1
Road Funds to Isla.
17. This Supplemental Agreement will expire on May 31, 2009, or upon completion of all
acts contemplated by this Supplemental Agreement, whichever shall occur first, unless
extended by other provisions contained herein (the "Termination Date"), or extended no more
than 90 days by agreement executed by the County Administrator in the event of contracting
delays.
Section 2. No Further Modifications. All other terms and conditions of the Supplemental
Agreement, as previously amended, not in conflict or superseded by this Third Amendment shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Third Amendment upon the terms and conditions above stated on the day and year first above
written.
ISLAMORADA, VILLAGE OF ISLANDS: ATTEST: BEVERLY RADDATZ,
VILLAGE CLERK
:
CATHI HILL, MAYOR __
Approved as to form and legal sufficiency:
LE
VILLAGE ATTORNEY
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
GEORGE NEUGENT, MAYOR
Approve s to form:
By: Ja/�/�'
A O EY
3d Amend Sup'l Ag 2
Road Funds to Isla.
LN
A
CLERK
By:
Deputy Clerk
RESOLUTION NO.09-01.-01.
A RESOLUTION OF ISLAMORADA, VILLAGE OF
ISLANDS, FLORIDA APPROVING A THIRD
AMENDMENT TO SUPPLEMENTAL AGREEMENT FOR
ROAD AND BRIDGE FUNDS BETWEEN ISLAMORADA,
VILLAGE OF ISLANDS AND MONROE COUNTY;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE
THE AMENDMENT; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on July 18, 2001, Islamorada, Village of Islands (the "Village") and Monroe
County entered into a Supplemental Interlocal Agreement for Road and Bridge Funds (the
"Agreement'), attached as Exhibit A, whereby the County would make payments to the Village for
roadway improvements to County Road 904 (formerly known as State Road 4A) situated within the
municipal limits of the Village; and
WHEREAS, the Agreement provided for a termination date of July 1, 2006; and
WHEREAS, on June 21, 2006, the parties approved a First Amendment to the
Agreement, extending the termination date to July 1, 2008; and
WHEREAS, on May 21, 2008, the parties approved a Second Amendment to the
Agreement, extending the termination date to October 31, 2008; and
WHEREAS, the Village delayed completion of the road work to allow Florida Keys
Aqueduct Authority (the "Aqueduct Authority") to replace water lines on the same road way first
so as to avoid duplicating the improvement work; and
WHEREAS, the Village and the County desire to retroactively extend the Agreement
until May 31, 2009, in order to provide additional time for the Village to perform the work
contemplated under the Agreement and accommodate the Aqueduct Authority's schedule of
improvements, which are now completed.
SLY 114 HAVfo t 4CE
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS:
Section I. Recitals. The above recitals are true and correct and incorporated
into this Resolution by this reference.
Section 2. Approval of Third Amendment. The Third Amendment to the
Supplemental Agreement, a copy of which is attached as Exhibit A, together with such non-
material changes as may be acceptable to the Village Manager and approved as to form and
legality by the Village Attorney, is approved
Section 3. No further Modifications. All other terms and conditions of the
Agreement, as amended, not in conflict or superseded by this Third Amendment shall remain in
full force and effect.
Section 4. Execution of Agreement. The Village Manager is authorized to
execute the Third Amendment to the Agreement on behalf of the Village, and to execute any
other required documents to implement the terms and conditions of the Third Amendment,
subject to the approval as to form and legality by the Village Attorney.
Section 5. Effective Date. This Resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 8`i' day of January, 2009.
Motion to adopt by Councilman Reckwerdt; seconded by Councilman Boemer
K
FINAL VOTE AT ADOPTION
Mayor Cathi Hill
YES
Vice Mayor Don Achenberg
YES
Councilmember Dave Boerner
YES
Councilwoman Jill Zima Borski
YES
Councilmember Michael Reckwerdt
YES
Z04 r
CATHI HILL, MAYOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGALITY FOR THE
USE AND BENEFIT OF ISLAMORADA, VILLAGE OF ISLANDS:
VILLAGE ATTORNEY
Weiss, Serota, Helfman, Pastoriza,
Cole & Boniske, P.L.
3
SUPPLEMENTAL AGREEMENT
FOR ROAD AND BRIDGE FUNDS
between
ISLAMORADA VILLAGE OF ISLANDS, FLORIDA
and
MONROE COUNTY
This is a Supplemental Interlocal Agreement (this "Agreernentj between ISLAMORADA,
VILLAGE OF ISLANDS, FLORIDA, a Florida municipal corporation (tile 'VILLAGE"), and MONROE
COUNTY, a political subdivision of the State of Florida (the "COUNTY", entered Into this
flay of July, 2001,
WHEREAS, subsequent to the VILLAGE's incorporation, certain funds In the COUNTY's
possession derived from taxes and assessments and other revenues originating from taxpayers
and properties located within the VILLAGE remained in the COUNTY's budget and treasury; and
WHEREAS, pursuant to Chapter 97-348, Laws of Florida, the VILLAGE was incorporated on
December 31, 1997 and all municipal 'type services, including planning functions, 'duties and
authority became, after December 31, 1,997► vested in the jurisdiction of the VILLAGE and the
VILLAGE Council; and
WHEREAS, prior to the VILLAGE's incorporation, certain funds were budgeted by the
COUNTY for services and projects within the VILLAGE, including, but not limited to, roadway
improvements, planning assistance, parks and beach facilities, and other VILLAGE purposes; and
WHEREAS, such funds were budgeted but not expended by the COUNTY for such VILLAGE
purposes; and
WHEREAS, are Interlocal Agreement (the "Interlocal Agreement") was entered into on June
14, zool between the VILLAGE and the COUNTY; and
WHEREAS, in the Interlocal Agreement the County agreed to allocate certain funds to the
VILLAGE for improvements to that portion of the formerly known state Road 4A or County Road
904 situated within the municipal limits of the VILLAGE (the "Road); and
E
WHEREAS, the COUNTY determined that the COUNTY purposes to be served by funding
said project include improvements to the bicycle path and diversion of traffic from US-1.
NOW THEREFORE, in consideration of the promises, covenants, and obligations contained
herein, the undersigned parties agree as follows:
1. —AdQwonDf2ec al .The above referenced recitals are true and correct and
incorporated herein.
2. Road ImproVements. Pursuant to the Interlocal Agreement.
2.1 The COUNTY has allocated $969,000 for Improving that portion of the
formerly known State Road 4A or County Road 904 situated within the municipal limits of the
VILLAGE (the "Road").
2.2 The moneys specified in section 2.1 shall be transferred to the VILLAGE by
the COUNTY in incfements proportionate to the extent of completion of improvements to the Road
Pursuant to a Roadway Improvement Plan (the "Plan") prepared by the VILLAGE and approved by
the COUNTY.
23 The Plan shall include the design, planning, procurement of services,
implementation and constriction of improvements to the Road, and shall list all administrative
expenses attrlbr table to implementation of the Plan.
2.4 The Village Manager shall prepare and forward to the County Administrator
within 60 days of execution of this Agreement, a copy of the plan. The County Administrator will
present the Plan to the BOCC for Its approval, which will be deemed granted unless rejected by
the BOCC within 30 days following the VILLAGE's submission of the Plan to the COUNTY.
3. Payments.
3.1 The VILLAGE shall submit invoices and requests for payment to the County
upon completion of each phase of the Plan. The invoices shall include sufficient backup
documentation to support the request and to meet the COUNTY's standard payment authorization
requirements.
3.1.1 The requests for payment from the VILLAGE to the COUNTY may, at
the election of the Village Manager, be in the form of either (1) a request for the COUNTY to
4
reimburse the VILLAGE for payments made by the VILLAGE pursuant to the Plan or (R) a request
for the COUNTY to directly pay the VILLAGE's contractors and/or consultants for services
performed.
3.2 The COUNTY shall timely Forward the VILLAGE'S documentation to the Clerk
of the Court for Monroe County, Florida (the "Clerk"} to pay all amounts due the VILLAGE under
this Agreement.
3.3 In the event the County Cleric requires additional documentation, the
COUNTY will so advise the VILLAGE in writing within fifteen days after notification by the Clerk.
3.4 The COUNTY shall make payments to the VILLAGE within 45 days from the
date of the Clerk's approval of each invoice.
4. Entire A t. This Agreement supersedes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the matters
contained herein. frothing contained herein shall supersede or modify anything contained within
the Interlocal Agreement except as to the Road and Bridge Funds. accordingly, no deviation from
the terms hereof shall be predicated upon any prior representations or agreements, whether oral
or written.
S. Agsi n ent, Neither this Agreement nor any term or provision hereof or right
hereunder shall be assignable by any party and any attempt to make such assignment shall be
Void.
�. PlotiCeS.
6.1 Whenever any party desires to give notice unto the other, it must be given
by written notice, sent by registered united States mail, with return receipt requested, or
by a nationally recognized overnight express mail service (e.g.. Federal E)cpress),
addressed to the party for which it Is intended, at the place last specified, and the place for
giving of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph.
The parties designate the following as the respective places for giving notice:
3
islamorada, Village of islands
For the Village: Charles W. Baldwin, Village Manager
P.O. Box 568
Islamorada, Florida 33036
Phone; (305) 664-2345
Facsimile: (305) 664-2399
With a Copy to: Weiss Serota Helfrnan
Pastoriza & Guedes, P.A.
Village Attorneys
Attention: Nina L. Boniske, Esq.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
Phone: (305) 854-0800
Facsimile: (305) 854-2323
For the COUNTY: lames L. Roberts
County Administrator
5iO0 College Road
Key West, Florida 33040
Phone. (305) 292-4441
Facsimile: (305) 292-4544
A copy to: James Hendrick, Esq.
County Attorney
P.O. Box 1026
Key West, Florida 33041-1OZ6
phone: (305)292-3470
Facsimile: (305)292-3516
6.2 Unless otherwise required by law, any notice sent hereunder shall (subject
to proof of receipt or refusal of same) be deemed to have been delivered on the saute day
If hand -delivered, on the next business day if sent by overnight courier, or on the day of
receipt or refusal, if sent by certified or registered mail.
7, rn ndrn n . This Agreement may be modified only by an agreement in writing
authorized by the VILLAGE Council and the Board of County Commissioners of Monroe County.
8, i rrtnifi Lion. To the extent allowed by lave, each party hereto shall indemnify
and save harmless the other from any and all claims, liability, losses, and causes of action which
may arise out of the other's actions in fuifiilment of this Agreement.
g, _qgvqMLnqLffim. This Agreement shall be construed in accordance with the laws
of the State of Florida, and any proceedings arising in any matter pertaining to this Agreement
shall, to the extent permitted by law, be held in the Upper Keys Division, Monroe County, Florida.
49
9
i0. sevimbiliim. Should any provision, paragraph, sentence, word, or phrase
in this Agreement be determined by a court of campetent jurisdiction to be invalid,
.•,= otherwise unenforceable under the laws of the State of Florida, such provision,
;entente, word, or phrase shall be deemed modified to the extent necessary in order
with such laws, then shall be deemed severable, and in this Agreement, shall remain
and in full force and effect.
L. DefaultiRernedi�. In the event of a failure to perform or a breach of any
;�r,Fr:ar100. of this Agreement by either the COUNTY or the VILLAGE, which failure or breath is not
:_jr('J within thirty (30) days of receipt of written notice thereof, such action shall constitute a
*:.r;!i -it this Agreement.
11,1 If and when any default of this Agreement occurs, the non -defaulting party
,,nav avail itself of any legal or equitable remedies that may apply, including, but not
to, actual damages, injunctive relief and specific performance of this Agreement.
11.2 Such remedies may be exercised in the sale discretion of the non -defaulting
,'gatry.
11.3 Nothing contained in this Agreement shall limit either party from pursuing
3 ,gal or equitable remedies that may apply in the event of default.
ggecution Date. The date of execution of this Agreement shall mean the last day
,. r at becomes fully executed by the last party to sign.
i 1oirg Preaar&gn. The preparation of this Agreement has been a joint effort of the
,r• . - od the resulting document shall not, solely as a matter of judicial construction, be
strictly against, or more favorably to, one of the parties than the other.
�. Further Assurances, The COUNTY and the VILLAGE each agree to execute and
the other such further documents or instruments as may be reasonable and necessary
aice of the performance of the terms, covenants and conditions of this Agreement.
v . Countearts. This Agreement may be executed in one or more counterparts, each
:;hall be deemed to be an original but all of which shall constitute 6ne and the same
C
m
16, Non -waiver. No waiver by the COUNTY or the VILLAGE of any provision hereof
shall be deemed to have been made unless expressed In writing and signed by such party. NO
delay or omission in the exercise of any right or remedy accruing to the COUNTY or the VILLAGE
upon any breach under this Agreement shall impair such right or remedy or be construed as a
waiver of any such breach theretofore or thereafter occurring. The waiver by the COUNTY or the
VILLAGE of any breach of any term, covenant or condition herein stated shall not be deemed to
be a waiver of any other breach, or of a subsequent breach of the same or any other term, .
covenant or condition herein contained.
17. TerminationLTerm. This Agreement will expire on July 1, 2006, or upon completion
of all acts contemplated by this Agreement, whichever shall occur first, unless extended by other
provisions contained herein (the "Termination pate').
17A The parties recognize that both the VILLAGE and the COUNTY are making
significant time and monetary investments in the performance of this Agreement.
Accordingly, both parties agree that this agreement shall not be terminated by either party
unless one party is in default and Pails to cure said default pursuant to Section 11 of this
Agreement. In the event of such termination, the non -defaulting party shall provide the
defaulting party thirty (30) days written notice of termination. The non -defaulting party
shall be entitled to any and all remedies afforded by law, including, but not limited to,
specific performance, injunctive relief, and monetary damages.
0.2 Except as otherwise provided by this Agreement, prior to the Termination
Date, all acts contemplated herein shall be completed, and the COUNTY will pay to the
VILLAGE all payments due the VILLAGE under this Agreement.
is. S rviv t. The terms and obligations of the parties under this Agreement shall
survive the Termination of this Agreement.
19. Filinn_Required. This Agreement shall be filed with the Clerk of the Circuit Court as
required by Section 163.01(11), Florida Statutes, as currently enacted and as may be amended
Pram time to time.
6
20• _Feas. in the eventof any controversy, claim or dispute between the
parties arising from or relating to this Agreement including, but not limited to, the enforcement of
any indemnity provision, the prevailing party shall be entitled to recover seasonable costs,
expenses and attorneys' fees including, but not limited to, court costs and other expenses
through all appellate levels.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under such signature.
ISLAMORADA, VILLAGE OF ISLANDS,
a m2frank
MR.Kullsky,
TMayor
of rida
�y:
ATTEST:
r
$y:
VILLAGE Clerk
Approved as to faun
Dated I 2,00 r
Approved as to form
and le al su ciency•
a• ... _-
COU omeY
JdLAV0171801
436031 Supplemental Agreament
%J
Dated-7 /,: � F/
:/
f
Dated:!
Dated:
40��-
13QAR0 OF COUNTY COMMISSIONERS
MONROE COUNTY FLO
George Neugent, MoYor. _
c}
-
ea
�
b
Dated:
•
css
FIRST AMENDAMT TO
SUPPLEMENTAL AGREEMENT FOR ROAD AND BRIDGE FUNDS
BETWEEN ISLAMORADA VEU AGE OF ISLANDS AND MONROE COUNTY
This First Amendment to the Supplemental Agreement for Road and Bridge Funds
between Islarnorada Village of Islands and Monroe County (the "First Amendment') is made and
entered into this 21 s t: day of June, 2046 by and between Islamorada Village of Islands, Florida,
a municipal corporation of the State of Florida (the "'Tillage") and Monroe Cow*r Florida, a
political subdivision of the State of Florida (the "County").
WI''NESSETH
WHEREAS, on July 18, 2001 the County entered into a Supplemental Interlocal
Agreement for Road and Bridge Funds with the Village to resolve fund balance issues, attached as
Exhibit "A," whereby the County would make payments to the Village for roadway improvements
to formerly known State Road 4A or County Road 904 situated within the municipal limits of the
Village (the "Agreement"); and ,
WHEREAS, the Supplemental Agreement provided for a termination elate of July 1, 2006;
and
WHEREAS, the Board of County Commissioners desires to extend the Supplemental
Agreement in order to provide the parties additional time to complete all acts as contemplated
under the Agreement.
NOW THEREFORE, in consideration of the mutual covenants set forth in this First
Amendment, the parties hereby amend the Supplemental Agreement dated July 18, 2001, as
follows-
Sectioa 1. Amgudment ,Lo WAgreemeut, The parties amend Section 17 of the
Agreement dated July 18, 2001, to read as follows:
17. This Supplemental Agreement will expire on July 1, 2008, or upon completion of
all acts contemplated by this Supplemental Agreement, whichever shall occur first, unless
extended by other provisions contained herein (the "Termination Date").
Monroe/VQI ILA Road & Bridge Funds 1
Section 2. No FuMher Mydificatians. All other terms and conditions of the
Supplemental Agreement not in conflict or superseded by this First Amendment shall remain in
full force and effect as if set forth in full herein.
IN VffMSS WIUREOF, the parties hereto have accepted, made and executed this
First Amendment upon the terms and conditions above stated on the day and year First
above
written.
ISLAMORADA VILLAGE OF ISLANDS:
rn
Chris Sante, Mayor-�-+c-:
��ic
rrn
Date: --- 6 M
o
co
Approved as to form and legal sufficiency:
Date:!
(42
Village Attorney
Attest:
Date: 7.�
Village Cl k
BOARD OF COUNTY CONWSSIONERS
OF MONROE CO TY, FLORIDA:
By:
_ q —
Mayor/Ch
Date: JUN 2 1
Approved as to form:
ATTEST: DANNY . KOLHAGE, CLERK
By:
Deputy Clerk
Date:
County Attorney MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
Page 2 of 2 9 44
SV14AN M. GRI EY
ASS IS NT COUNTY ATTORNEY
SECOND AMENDMENTTO
SUPPLEMENTAL AGREEMENT FOR ROAD AND BRIDGE FUNDS
s
BETWEEN ISLAMORADA, VILLAGE OF ISLANDS AND MONROE COUNTY
This Second Amendment to the Supplemental Agreement for Road and Bridge Funds between
Islamorada Village of Islands and Monroe County (the "Second Amendment") is made and entered into
this 21st day of May, 2008, by and between Islamorada Village of Islands (the "Village"), Florida, a
municipal corporation of the State of Florida, and Monroe County (the "County"), Florida, a political
subdivision of the State of Florida.
VVnWESSETH
WHEREAS, on July 18, 2001 the parties entered into a Supplemental Interlocal Agreement for
Road and Bridge Funds to resolve fund balance issues; attached as Exhibit "A," whereby the County
would make payments to the.,Village for roadway improvements to formerly known State Road 4A .or
County Road 904 situated_Within'the municipal limits of the Village (the "Agreement"); and
WHEREAS, the SupplemenW Agreement provided for a termination date of July 1, 2006; and
WHEREAS, on June 21, 2006, the parties agreed to extend the termination date to July 1, ZOOS;
and ,
WHEREAS, the Village delayed the road work to allow the ' work to be • performed after
Aqueduct waster lines were replaced; and
WHEREAS, the County recognizes the economy of performing the road work once instead of
twice; and
WHEREAS, the County desires to extend the Supplemental Agreement in order to provide the
Village the additional time to complete all acts as contemplated under the Agreement:
NOW THEREFORE, in consideration of the mutual covenants set forth in this Second
Amendment, the parties hereby amend the Supplemental Agreement dated July 18, 2001, as follows:
Section 1. Amendment to Agreement The parties amend Section 17 of the Agreement dated
July 18, 2001, as previously amended by the First Amendment dated June 21, 2006, to read as follows:
17. This Supplemental Agreement will expire on October 31, 2008, or upon completion of all
acts contemplated by this Supplemental Agreement, whichever shall occur fast, unless extended
by other provisions contained herein (the "Termination Date"), or extended no more than 90 days
by agreement executed by the County Administrator in the event of contracting delays..
2d Arn=d Sup-1 AB
ltaxd Funds to Isla.
Section 2. No Further Modifications. All other terms and conditions of the Supplemental
Agreement, as previously amended, not in conflict ar superseded_ by this Second Amendment shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Second Amendment upon the terms and conditions above stated on the clay and year first above
written.
ISLAMORADA, VILLAGE OF ISLANDS:
By.
CATHI HILL, kAYOR
Approved as to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS OF
MONK E COUNTY, FLORIDA;
By:
MARIO DI GENNARO , MAYOR
ATTEST: BEVERLY RADDATZ,
VILLAGE CLERK
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2d Amend Sugl Ag 2
Road Funds to isL