SECOND AMENDMENT TO AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF A WATERSHED REHABILITATION PROJECT AT HERCULES AVENUE AND ALLENS CREEK
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AGREEMENT NO, 95CON000097
SECOND 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 AVENUE AND ALLEN'S CREEK
This SECOND AMENDMENT entered into and effective as of the 9th day of May, 2000 by and
between the SOUTHWESTFLORIDA 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
CLEARWATER, hereinafter referred to as "CLEARWATER," 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, as amended September 9, 1998; and
WHEREAS, the parties hereto wish to amend the Agreement to extend the contract period to
allow additional time to complete the PROJECT monitoring and maintenance and to allow
CLEARWATER to construct a recreational park within the upland portion of the site located
adjacent to Hercules Avenue.
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions contained
herein, the parti~s hereby mutually agree to amend the original Agreement, dated May 9,1995,
as amended, as follows:
1. Sub-Paragraph 1.14, is hereby replaced in its entirety with the following paragraph.
The PROPERTY deeded by the COUNTY shall be accepted by CLEARWATER as described
above and shall be used solely and perpetually as a natural conservation area, with the
exception of an upland area not to exceed two acres in extent, contiguous to the parking
area at the westernmost edge of the PROPERTY, as set forth in the Allen's Creek Park
Conceptual Upland Area Master Plan dated February 17, 2000 and incorporated herein by
reference. This upland area, hereinafter referred to as the PARK, may be used by
CLEARWATER for upland passive park amenities including a children's playground, multi-
use trail, security lighting, stationed fitness court, educational facility and displays, and similar
park amenities, plus landscaping as appropriate. No existing wetland vegetation, either
forested or herbaceous, shall be removed for construction of the PARK. This subparagraph
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shall bind all successors and assigns of the Grantee, CLEARWATER, and shall survive the
expiration date of this Agreement.
2. Paragraph 7, Term of Agreement, is hereby amended to extend the expiration date to
September 30,2002.
3. The terms, covenants and conditions set forth in the original Agreement, dated May 9, 1995,
as amended, 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.
The remainder of this page intentionally left blank.
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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 MANAGEMENT DISTRICT
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ess
By:
E. D. Vergara,
~ '2."2."&-0
cutive Director
Date
FederallD No. 59-0965067
Attest: 'K~frTe'el'l'.F,. DeBlaker
CJe~k .~~crrc::ilif' ('~urt
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B. ,:'.. -,j~... ....... '.'
>.:eputy Clerk:' . ':
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PINELLAS COUNTY
Q~~
Rotlert Stewart, Chairman. . "
Board of County Commissioners
/)~to
ate
APPf6veq ,ql? to .form:
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FederallD No. 59~6000800
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Countersigned:
CITY OF CL ARWATER, FLORIDA
. Aungst
r -Commissioner
By:
Michael ,Roberto, City Manager
Date
Approved as to form:
~(-2~
. y Attorney's Office
Attest:
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FederallD No. 59-6000289
SECOND 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 A nON PROJECT AT
HERCULES AVENUE AND ALLEN'S CREEK
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