FIRST AMENDMENT FOR THE JOINT PROJECT AGREEMENT - HIGHLAND AVENUE DRAINAGE IMPROVEMENTS FROM JEFFORDS STREET TO PINE STREETFIRST AMENDMENT
BETWEEN THE CITY OF CLEARWATER
AND PINELLAS COUNTY FOR
THE JOINT PROJECT AGREEMENT: HIGHLAND AVENUE DRAINAGE
IMPROVEMENTS FROM JEFFORDS STREET TO PINE STREET
THIS FIRST AMENDMENT is made and entered into on this 31st day of March, 2018,
by and between PINELLAS COUNTY, a public corporation of the State of Florida whose address
is 315 Court Street, Clearwater, FL 33756, hereinafter referred to as the "COUNTY," and the City
of Clearwater, a municipal corporation of the State of Florida, whose address is 100 South Myrtle
Avenue, Clearwater, Florida, 33756, hereinafter referred to as the "CITY", collectively Parties.
WITNESSETH:
WHEREAS, the COUNTY will be constructing a capital improvement program plan
referred to as Highland Avenue Drainage Improvements, from Jeffords Street to Pine Street
"Project"; and
WHEREAS, the COUNTY and the CITY previously entered into an agreement on March
31, 2017, hereinafter referred to as the Agreement, to provide funding for the CITY's Utility Work
to be completed by the COUNTY' s contractor as part of construction of the Project; and
WHEREAS, Section 11 of the Agreement provides that the Agreement may be amended
where agreed to in writing by the Parties; and
WHEREAS, both the COUNTY and the CITY desire to extend the Agreement duration.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties agree as follows:
1. Section 18. Agreement Term is hereby amended in its entirety as follows:
If the County fails to issue a Notice to Proceed to a contractor for the Project within 365
days from the date of full execution of this FIRST AMENDMENT by the Parties, the Agreement
shall be deemed terminated and any payments made by the CITY to the COUNTY shall be
refunded in full by the COUNTY within 30 days.
2. This FIRST AMENDMENT shall be retroactive to the date first entered above.
3. Except as changed or modified by this FIRST AMENDMENT, all provisions and
conditions of the Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, as
of the day and year first above-mentioned.
PINELLAS COUNTY, FLORIDA
BY:
APPROVED AS TO FORM
Mark S. Woodard, County Administrator
C �Y Cs A �-' _.
CITY OF CLEARWATER Office of the County Attorney
BY: W dk 4o, 6. 1�
William B. Horne, II
City Manager
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osmarie Call
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APPROV�TO F RM:
By: Z
Owen Kohler
Assistant City Attorney
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