HERCULES AND ALLENS CREEK WATERSHED REHAB FIRST AMENDMENT
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AGREEMENT NO. 95CON000097
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,
PINELLAS COUNTY
AND THE
CITY OF CLEARWATER
FOR
THE DESIGN AND CONSTRUCTION OF A WATERSHED REHABILITATION PROJECT
AT HERCULES A VENUE AND ALLEN'S CREEK
This FIRST AMENDMENT is made and entered into by and between the SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT, a public corporation created by Chapter 61-691, Laws of Florida,
as amended, for itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively
referred to as the "DISTRICT," and PINELLAS COUNTY, hereinafter referred to as the "COUNTY," and
the CITY OF CLEAR WATER, hereinafter referred to as "CLEAR WATER," political subdivisions of the
State of Florida.
WITNESSETH:
WHEREAS, the DISTRICT, COUNTY, and CLEARWATER entered into an Agreement for the design
and construction of a surface water management facility, and flood plain and wildlife habitat restoration
dated May 9, 1995; and
WltEREAS, the parties hereto wish to amend the Agreement to allow for additional funding for
construction of the PROJECT, due to the results of the geotechnical investigation and its impact on the
construction methods .
NOW, THEREFORE, iIi consideration of the mutual terms, covenants and conditions contained herein,
the parties hereby mutually agree to amend the original Agreement, dated May 9, 1995, as follows:
1. This Amendment shall be effective as of the 9th day of May, 1998.
2. Paragraph 5, Funding, is hereby amended to increase the cost of the PROJECT by $870,000, to a
new anticipated total cost of One Million Eight Hundred Seventy Thousand Dollars ($1,870,000).
3. Subparagraph 5.1 is hereby replaced in its entirety with the following paragraph:
The DISTRICT shall fund an amount not to exceed One Hundred Thousand ($100,000) for the
CONSUL T ANT services which shall be limited to designing and obtaining permits, providing
geotechnical investigation, water quality analysis, field survey and base maps, landscape plans, and
educational displays for the PROJECT. The DISTRICT also agrees to fund an amount not to
exceed Eight Hundred Thirty Five Thousand Dollars ($835,000) for construction of the PROJECT.
The DISTRICT shall have no obligation to pay any costs beyond this maximum not to exceed
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amount of Nine Hundred Thirty Five Thousand Dollars ($935,000). The COUNTY shall fund an
amount not to exceed Thirty Three Thousand Dollars ($33,000) for the CONSULTANT services,
and an amount not to exceed Two Hundred Seventy Five Thousand Five Hundred Fifty Dollars
($275,550) for construction of the PROJECT, for a maximum not to exceed amount of Three
Hundred Eight Thousand Five Hundred Fifty Dollars ($308,550). CLEARWATER shall fund an
amount not to exceed Sixty Seven Thousand Dollars ($67,000) for the CONSULTANT services,
and an amount not to exceed Five Hundred Fifty Nine Thousand Four Hundred Fifty Dollars
($559,450) for construction ofthe PROJECT, for a maximum amount not to exceed Six Hundred
Twenty Six Thousand Four Hundred Fifty Dollars ($626,450). CLEARWATER shall be
responsible for any PROJECT costs in excess of the maximum amount of One Million Eight
Hundred Seventy Thousand Dollars ($1,870,000). Funding obligations of the DISTRICT,
COUNTY and CLEAR WATER are contingent upon funds being appropriated for the PROJECT
by the DISTRICT's Governing Board and Pinellas-Anc1ote Basin Board, the COUNTY's Board
of County Commissioners and CLEARWATER's City Commission, respectively.
4. Paragraph 7, Term of Agreement, is hereby amended to extend the expiration date to May 9, 2000.
5. The terms, covenants and conditions set forth in the original Agreement, dated May 9, 1995, that
have not been specifically amended herein, shall continue in existence, are hereby ratified,
approved and confirmed, and shall remain binding upon the parties hereto.
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In WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day and year set
forth next to their signature below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
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. tness . D. Vergara, E
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Appr&.ved,'as to}\orrn:
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Office of the County Attorney
PINELLAS COUNTY
BY:~~~
Barbara Sheen Todd, hauman
Board of County Commissioners
CITY OF CLEARWATER
BY:~
Mic ael J. Roberto, City Manager
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Approved as to Form: ATTEST:
~ 7~21
Paul Richard Hull, Attorney ~
City Attorney's Office
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,
PINELLAS COUNTY
AND THE
CITY OF CLEARWATER
FOR
THE DESIGN AND CONSTRUCTION OF A WATERSHED REHABILIT AnON PROJECT
AT HERCULES AVENUE AND ALLEN'S CREEK
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