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FIRST AMENDMENT FOR ALLIGATOR CREEK WATERSHED IMPLEMENTATION PROJECTS - PHASE III - CNANNEL F - L552 ~ AGREEMENT NO. 06C00000005 FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR ALLIGATOR CREEK WATERSHED IMPLEMENTATION PROJECTS, PHASE III, CHANNEL F (L552) This FIRST AMENDMENT by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and on behalf of the Pinellas- Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South Osceola Avenue, Post Office Box 4748 Clearwater, Florida 33758-4748, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the DISTRICT and the CITY entered into an Agreement dated January 26, 2006 for implementing Best Management Practices (BMPs) in Channel F of the Alligator Creek Watershed; and WHEREAS, the parties hereto wish to amend the Original Agreement to extend the contract period; revise the Project Schedule, and to change the name of the project manager for the CITY due to delays caused by coordination issues, and changes in CITY staff, and NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties hereby mutually agree to amend the Original Agreement, dated January 26, 2006, as follows: 1. Paragraph 1, Project Manager and Notices, is hereby amended to replace the CITY'S Project Manager with Elliot Shoberg. 2. Paragraph 4, Contract Period, is hereby amended to extend the expiration date of May 15, 2008, in the Original Agreement to December 31 , 2011. 3. Exhibit "A," Paragraph 5, Completion Dates, is hereby amended to complete construction by October 31, 2011. Page 1 of 3 ~ ----- llf . ," "j. 4. The Project Schedule section of Exhibit "B" is hereby replaced in its entirety with the Project Schedule 2 set forth below: Description Completion Dates Notice to Proceed to Consultant January, 31,2006 Task 1 Design and Permitting & Construction Documents August 30,2008 Task 2 Construction Commence Construction ** December 31 , 2008 Complete Construction October 31,2011 DISTRICT Review of as-built drawings and quality assurance December 31,2011 test results ** The CITY will be able to apply for reimbursement for costs for performing Task 1 at this time. 5. The terms, covenants and conditions set forth in the Original Agreement, that have not been specifically amended herein, will continue in existence, are hereby ratified, approved and confirmed, and will remain binding upon the parties hereto. The remainder of this page left blank intentionally. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: David L CITY OF LI By: "L--? - - z -- Executive Director 4RWATER e Date :g-L& -o2 William B. Horne II Countersigned: rank Hibbard Mayor-CounciImember Ap roved as to form: 4Leslie'l< D u lall-Sides Assistant Attorney DISTRICT APPROVAL INITIALS QATE LEGAL &&M Via RISK MGMT CONTRACTS N/A PRJ DEPT DIR DEPUTY EXEC DIR GOVERNING BOARD N/A Date Attest: FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR FIRST AMENDMENT TO THE ALLIGATOR CREEK IMPLEMENTATION PROJECTS, PHASE III CHANNEL F (1-552) Page 3 of 3? Attachment 1 - L552 CREEK N A Project Area ... ) OJ .... ~ 3: a ~L1 :E (') :;u m m " C'~ ~ Page 3 of 3