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AGREEMENT FOR DEVELOPMENT OF THE ALLENS CREEK WATERSHED MANAGEMENT PLAN , I I AGREEMENT AMONG PINELLAS COUNTY, THE CITY OF LARGO AND THE CITY OF CLEARWATER for development of the ALLEN'S CREEK WATERSHED MANAGEMENT PLAN rt. THIS AGREEMENT, entered into on the ~-day of among Pinellas County, a political subdivision i3i State hereinafter referred to as the COUNTY! the City' of Largo and Clearwater, municipal corporations of the State of Florida, referred to respectively as "LARGon and "CLEARWATERII, 199f, by and of Florida, the City of hereinafter WITNESSETH that: WHEREAS, the Allen's Creek watershed lying in the City of Clearwater, the City of Largo and the unincorporated part of Pinellas County, hereinafter referred to as the WATERSHED, encompasses approximately four thousand seven hundred (4,700) acres, and WHEREAS, the WATERSHED has problems, which are expected density and development, and experienced water quality and flood control to become more severe with increased population WHEREAS, the Environmental defining local COUNTY, LARGO and CLEARWATER and the Florida Department Protection (F.D.E.P.) have been monitoring the water quality ecosystems within the WATERSHED, and of and WHEREAS, the COUNTY, LARGO and CLEARWATER improvements, water quality improvements, and (ecosystem) improvements within the WATERSHED, intend wildlife and to construct drainage and vegetative habitat WHEREAS, the COUNTY, LARGO and CLEARWATER are committed to the development and implementation of long term management of Allen's Creek, and WHEREAS, a comprehensive watershed-based surface water management and ecosystem management plan encompassing the entire Allen's Creek drainage basin, and hereinafter referred to as the "WATERSHED MANAGEMENT PLAN II will benefit all of the parties hereto, and WHEREAS, the COUNTY engaged the services develop said WATERSHED MANAGEMENT PLAN CLEARWATER, and of an engineering consultant with assistance from LARGO to and NOW, THEREFORE, in consideration of mutual covenants and conditions contained herein, the parties mutually agree as follows: Page 1 of 4 O(JI;X~ ~ ex::, ~ D 7 ( - 01 /j;r)) I I 1. The COUNTY contracted with the engineering consultant firm, Reynolds, Smith and Hills, hereinafter referred to as the "CONSULTANTII, to develop the WATERSHED MANAGEMENT PLAN, including recommendations for drainage structure replacements, channel improvements, facilities and other methods for improving water quality and restoring floodplains and natural local ecosystems. Administration of the contract was the responsibility of the COUNTY, but the COUNTY did continuously advise LARGO and CLEARWATER as to the progress thereof. 2. The Florida Department of Environmental Protection (FDEP) has agreed to contribute one hundred thousand dollars ($100,000.00) to the COUNTY for development of the WATERSHED MANAGEMENT PLAN. 3. It is the intent of this agreement that the COUNTY, LARGO and CLEARWATER share the remaining cost of the WATERSHED MANAGEMENT PLAN not funded by the FDEP in direct proportion to their respective land areas within the watershed. Thus, LARGO shall fund twenty five percent (25%) of the total remaining CONSULTANT'S FEE, for a total contribution not to exceed ninety five thousand dollars ($95,000.00); CLEARWATER shall fund thirty three percent (33%) of the total remaining CONSULTANT'S FEE, for a total contribution not to exceed one hundred twenty five thousand dollars ($125,000.00); the COUNTY shall fund the remainder of the total CONSULTANT's FEE, including any remaining additional services and contingency fees. 4. Following receipt by the COUNTY of the WATERSHED MANAGEMENT PLAN, the COUNTY will submit requests for payment along with supporting documentation to LARGO and to CLEARWATER for reimbursement. Within sixty (60) calendar days from the receipt of properly documented requests from the COUNTY, LARGO and CLEARWATER shall each forward payment to the county for the total requested amount, subject to the funding limits stated above. 5. LARGO and CLEARWATER shall be notified of, and be invited to participate in, all project status review meetings and public information meetings. 6. The COUNTY shall deliver three (3) copies of the WATERSHED MANAGEMENT PLAN to LARGO and to CLEARWATER for their review and comment upon the CONSULTANT'S recommendations. Any official comments by LARGO or CLEARWATER to the COUNTY shall be in writing. Page 2 of 4 I I -, 7. All written notices under this Agreement shall be hand-delivered or mailed to: PINELLAS COUNTY, Director of Public Works 440 Court Street Clearwater, Florida 34616 CITY OF LARGO, Director of Public Works 225 1st Avenue, S.W. Largo, Florida 34649-0296 CITY OF CLEARWATER, Director of Public Works 10 Missouri Avenue South Clearwater, Florida 34618-4748. 8. This document embodies the whole Agreement of the parties. There are no promises, terms I conditions or allegations other than those contained herein and this document shall supersede all previous communications, representations and/or agreements, whether written or verbal t among the parties. This Agreement shall be binding upon the parties, their successors, assigns and legal representatives. 9. This Agreement is authorized pursuant to Section 163.01, Statutes, the Florida Interlocal Cooperation Act of 1969. Florida lO. This Agreement will be recorded by the County in the Public Records of pinellas County, Florida, as required by Section 163.01, Florida Statutes. Page 3 of 4 ~' I I AGREEMENT AMONG PINELLAS COUNTY, THE CITY OF LARGO AND THE CITY OF CLEARWATER for development of the ALLEN'S CREEK WATERSHED MANAGEMENT PLAN IN WITNESS THEROF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: PINELLAS COUNTY BY: ATTl.;;T: KARLE EN F. Do [;I.AI'H, C..ERr ',8Y,'r ~"~ Deputy Clerk Clerk of Circuit Court C ATTEST: CITY OF LARGO BY: ;J--.v' ~.;~.;'j},'}'~i,'", :."f.'~'" .'>/i,.... g' :':,~~' <"i": " ~~:r:):\~_, . " .' , '$t. ,> "~'t jl~~,;~, :~.~,', ;;',! ~_':' _:'". -, ,:," "; ':.~)) ~ d~' e-rty Ma~, . ~ to form: t.CJ. \.11. . i ty ttorney ~ Co~t,ersign 'iJi ' Rl t,a Garvey, ,Mayor Attest~ r,,,,,,~;.N.. ~ E. Goudeau, Approved as to form correctness: CITY OF CLEARWATER BY: ommissioner Approved as to Form by the Office of t~, County 1t,t?:JL ~" BY: L~ -1' ~ ;; , Attorne p.r.. ---- City Clerk and ~ M. A. Galb City Attor Jr. PWPAGMTS/44 Page 4 of 4 , I I CITY OF CLEARWATER Interdepartment Correspondence Sheet TO: Cyndie Goudeau, City Clerk W T. Finch, Environmental Program SupeNisoJ J FROM: COPIES: T. Miller, Assistant Public Works Director/Env. (w/o attach) SUBJECT: Allen's Creek Watershed Management Plan Agreement DATE: August 9, 1994 Attached, for the City files, is the executed copy of the subject agreement, which was approved by the City Commission on November 29, 1993 and subsequently approved by the City of Largo and Pine lias County.. TF Attach. RECEIVED AUf:; 1 0 1994 CITY CLERK DEP7: