FIRST AMENDMENT KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT (W250)
AGREEMENT NO. 02CON000065
FIRST 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 FIRST AMENDMENT entered into and effective this 1st day of January 2004 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 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 33756, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an Agreement dated April 3, 20~~
the restoration of 37 acres of historic floodplain to its predevelopment condition for flood
control, water quality treatment and habitat creation; and
WHEREAS, the parties hereto wish to amend the Agreement to add additional funding due to
increases in the estimated construction costs resulting from utility conflicts, subsurface
conditions and the addition of a control structure to regulate downstream flood elevations.
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, 2002, as follows:
1. Paragraph 3, Funding, is hereby amended to increase PROJECT funding $2,500,000 by
replacing the first three sentences in their entirety as follows:
3. FUNDING, The parties anticipate that the total cost of the PROJECT will be Fifteen
Million Five Hundred Thousand Dollars ($15,500,000). The DISTRICT agrees to fund
PROJECT costs up to Three Million Five Hundred Thousand Dollars ($3,500,000) and
will have no obligation to pay any costs beyond this maximum amount. The CITY
agrees to fund PROJECT costs up to Twelve Million Dollars ($12,000,000) and will be
responsible for all costs in excess of the anticipated total PROJECT cost.
2, The Project Budget section of Exhibit "B" is hereby replaced in its entirety with the
following:
Page 1 of 3
Project Budget
CITY DISTRICT TOTAL
Property Purchase $10,000,000 $0 $10,000,000
Restoration Design/Permitting! 0 500,000 500,00~
Construction Management
Restoration Construction 2.000.000 3.000.000 5.000.000
TOTAL $12,000,000 $3,500,000 $15,500,000
3. The terms, covenants and conditions set forth in the original Agreement, dated April 3,
2002, 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
AGREEMENT NO. 02CON000065
CITY OF CLEARWATER, FLORIDA
By. ~::a.~-n.
William B. Horne, II
City Manager
Brian J. Aun
Mayor-Commissioner
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorne
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:~
Davi. . Moore, Executive Director
~ .--g-ot;
Date
CITY OF CLEARWATER
By:
William B, Horne II, City Manager
Date
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
THE CITY OF CLEARWATER
FOR
KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT (W250)
Page 3 of 3
LL
o
>-
f-
From:
u
Interoffice Correspondence Sheet
Cyndie Goudeau, City Clerk J
RECEIVED
Terry Finch, Environmental Ma
To:
CC:
Barbara Schill, Senior Accountant
Sara Agrait, Grants Coordinator
JUN 1 7 2004
Date: June 16, 2004
?FF~C'AL RECORDS AND
,.fG,SLATlVE SRVCS DEPT
RE: Kapok Wetland and Floodplain Restoration Project
Attached is a copy of the fully executed First Amendment to the Agreement between the
SWFWMD and the City of Clearwater for the Kapok Wetland and Floodplain Restoration
Project that was approved by the City Commission on February 19, 2004 adding $500,000
to the funding for a total of $3,500,000.
TF
Attach