FIRST AMENDMENT TO LICENSE AGREEMENT WITH SOUTH WEST FLORIDA WATER MANAGEMENT DISTRICT
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FIRST AMENDMENT TO THE LICENSE AGREEMENT
BETWEEN
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND
PINELLAS-ANCLOTE RIVER BASIN,
AND
THE CITY OF CLEARWATER
FOR THE DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF
THE ALLIGATOR CREEK WATER MANAGEMENT PROJECT
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THIS AGREEMENT, made and entered into this ~ day of 6i~ ,
19~, by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a
public corporation of the State of Florida, hereinafter referred to as
the DISTRICT, for itself and on behalf of the PINELLAS-ANCLOTE RIVER
BASIN BOARD, and the CITY OF CLEARWATER, a public body corporate,
hereinafter referred to as the CITY.
WIT N E SSE T H:
WHEREAS, the DISTRICT and CITY did enter into a License Agreement
dated September 9, 1980, for the Design, Construction, Operation and
Maintenance of the ALLIGATOR CREEK WATER MANAGEMENT PROJECT, hereinafter
referred to as the PROJECT; and
WHEREAS, the CITY will be unable to meet its requirement for the
adoption of a floodplain ordinance within the one (1) year time period
set forth in the License Agreement dated September 9, 1980, and has
requested an extension of time to complete same; and
WHEREAS, the CITY has requested the License Agreement dated
September 9, 1980, be modified to delete Paragraph 26 in its entirety to
allow the CITY to obtain funding assistance for the recreational improve-
ments associated with the PROJECT through a grant from the Department of
Natural Resources under its Florida Recreational Development Assistance
Program.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions herein contained, and for other good and valuable consider-
ations, the parties hereto agree to amend the license Agreement dated
September 9, 1980, as follows:
1. Paragraph 5 of the License Agreement dated September 9,1980,
is revised to recite:
The CITY agrees to adopt within two (2) years from the date
of this license Agreement, a comprehensive floodplain
management ordi nance withi n its corporate 1 imits to prevent
further encroachment by development within the natural flood-
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plain of Alligator Creek; and will encourage Pinellas County
to adopt a floodplain management ordinance within the
unincorporated areas of the watershed.
2. Paragraph 26 of the License Agreement dated September 9, 1980,
is deleted in total, and all remaining paragraphs are renumbered
consecutively.
All other terms, conditions and covenants of the License Agreement
dated September 9, 1980, are hereby ratified, confirmed and remain in
effect except as specifically amended herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
the day and year first written above.
Signed, Sealed and Delivered
in the p~esence of:
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SOUTHWEST FLORIDA
WATE~ENT DI~~. . .. . . .
By: JJAt jJ/ . . .
Bruce A. Samson, Chairman
As to District
By:
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~/ks to City'
CITY OF CLEARWATER,-FLORIDA
By: t~ '
, 'rJ. - r~is M~rra. ger -., :.-.
Attest: ~~~~
City Cl erk
orrectness:
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