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HomeMy WebLinkAboutSt. John's River Water Management District Cost-Share Agreement Contract #36590 (Tuskawilla Crossing Project) Amendment 2 - 2022 11 21 Contract#36590 Amendment#2 AMENDMENT 2 TO THE AGREEMENT BETWEEN THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF WINTER SPRINGS FOR TUSKAWILLA CROSSING PROJECT THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT(the"District"),whose mailing address is 4049 Reid Street, Palatka, Florida 32177-2571, and CITY OF WINTER SPRINGS ("Recipient") whose address is 1126 East SR 434,Winter Springs, Florida 32708,and is effective on the date the last party has executed same. PREMISES: The parties entered into Agreement No. 36590 on April 19, 2021 for City of Winter Springs Tuskawilla Crossing Project("Agreement"),and amended the Agreement on April 4, 2022(Amendment 1). The parties desire to further amend the Agreement. NOW, THEREFORE, in consideration of the above premises,which are hereby made a part of this amendment,the mutual covenants contained herein, and other good and valuable consideration,the parties hereby agree to amend the Agreement as follows: 1. Paragraph 1(a)TERM; WITHDRAWAL OF OFFER: delete this paragraph and replace it with the following paragraph: (a) The term of this Agreement is from April 19,2021 ("Effective Date")through September 30,2023 ("Completion Date"). Time is of the essence for every aspect of this Agreement, including any time extensions. Any request for an extension of tirne beyond the Completion Date must be inade in writing before July 1, 2023. For projects whose District contribution exceeds $100,000, timely requests to extend the Completion Date more than six months beyond the new Completion date, September 30,2023,may only be approved by the District's Governing Board.Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof(e.g., delivery of a final report,will remain in full force and effect after the Completion Date as necessary to effect performance). 2. All other terms and conditions of the Agreement, including any subsequent amendments, are hereby ratified and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this amendment on the date set forth below. ST.JOHNS RIVER WATER CITY OF WINTER SPRINGS MANAGEMENT DISTRICT B / / - lc By. y. � Mary Ellen Vb ink-ler,Assistant Executive Director,or designee Typed Name and Title Date: 11/21/22 Date: Attest: A"1 t�E���T� C t11`Vel ArS+�Gt.� Typed Name and Title - 1 -