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THIRD AMENDMENT TO AGREEMENT FOR STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394) AGREEMENT NO.02CON000086 THIRD AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM: IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394) This THIRD AMENDMENT entered into and effective this 31st day of January 2010 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, Clearwater, Florida 33756, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the DISTRICT and the CITY entered into an Agreement effective April 9, 2002 (Original Agreement), as amended March 9, 2004, and September 22, 2006, for a multi-year funded project to evaluate and implement a stormwater management program in the Stevenson Creek Watershed; and WHEREAS, the parties hereto wish to further amend the Original Agreement to extend the contract period due to unexpected delays in completing the design and permitting, which delayed the start of construction. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties hereby mutually agree to amend the Original Agreement, effective April 9, 2002, as follows: 1. Paragraph 4, Contract Period, is hereby amended to extend the expiration date of January 31, 2010, in the Original Agreement to December 31, 2010. 2. Exhibit "A." Paragraph 5, Completion Dates is hereby amended to complete construction of the Lake Bellevue Improvement Area by September 30, 2010. 3. Exhibit "B," Section B. Lake Bellevue, Project Schedule, is hereby amended as follows: Project Schedule Task Description Completion Date 4 Construction September 30, 2010 4 Construction Engineering & Inspection September 30, 2010 4 District review of as-built drawings and QA test results December 31, 2010 Page 1 of 2 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. IN WITNESS WHEREOF, the parties hereto have executed this THIRD AMENDMENT on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: I? David L. Moore, Executive Director Countersigned: By: Frank Hibbard Date Mayor Approved as to (form: By: S <C . ?e ZX-,O/ ,a,& ?2 Leslie K Doug _ ides Assistant City AU6rney n R. F? DISTRICT APPROVAL INITIALS LEGAL DF?TE 311s9i%? RISK MGMT CONTRACTS DEPT DIRECTOR DEPUTY EXEC DIR GOVERNING BOARD f e, N ,4 CITY OF CLEARWATER By: 2?a? g -r -- William B. Horne II Date City Manager Attest: By:T? C thia E. Goudeau Ci Clerk THIRD AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM: IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394) fGx -/Q Date Page 2 of 2