SECOND AMENDMENT FOR THE KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT (W250)
AGREEMENT NO. 02CON000065
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT (W250)
This SECOND AMENDMENT entered into and effective this 31 st day of October 2005, 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 Basin Board, hereinafter
collectively referred to as the "DISTRICT," and the 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 April 3, 2003, as
amended January 1, 2004, for the restoration of 37 acres of historic floodplain to its
predevelopment condition for flood control, water quality and habitat restoration; and
WHEREAS, the parties hereto wish to further amend the Original Agreement to extend the
contract period, change the DISTRICT's Project Manager, and extend the PROJECT
completion dates due to unexpected construction delays.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the Original Agreement, dated
April 3, 2003, as amended, as follows:
1. Paragraph 1, Project Manager and Notices, is hereby amended to replace the
DISTRICT's Project Manager with Paul L. Miselis, P.E.
2. Paragraph 4, Contract Period, is hereby amended to extend the expiration date of
December 31,2005, in the Original Agreement to December 31,2006.
3. Exhibit "A," Paragraph 7, Completion Dates, is hereby amended to complete construction
by December 31, 2005.
4. The terms, covenants and conditions set forth in the Original Agreement, (as amended),
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.
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IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT on
the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANA~EMENT DISTRICT
Date
CO~/ d~
'-Frc(nk Hibbard r
Mayor-Councilmember
CITY OF CLEARWATER
B~~;'...;::p, ~
William B. Horne, II Date
City Manager
Approved as to form:
Attest:
Leslie Dougall- I s
Assistant City Attorney
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR
KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT TITLE (W250)
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