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HomeMy WebLinkAbout2008 03 10 Consent 207 Amendment No. 1 to Project Agreement with Natural Resouces Conservation Service and Right of Entry AgreementCOMMISSION AGENDA ITEM 207 March 10, 2008 Meeting CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR MGR ~~/ /DEPT /~l~ Authorization REQUEST: Public Works Department - Stormwater Division requests approval to execute Amendment No. 1 to the Project Agreement with the Natural Resources Conservation Service (MRCS), and aRight-of--Entry Agreement with the Hacienda Village Co-Op for the Gee Creek Bank Stabilization Project. PURPOSE: The purpose of this agenda item is to request authorization from the City Commission to execute two items: 1) Amendment No. 1 to the Project Agreement with the Natural Resources Conservation Service (MRCS); and 2) A Right-of- Entry Agreement with the Hacienda Village Co-Op for the Gee Creek Bank Stabilization Project. CONSIDERATIONS: • At the January 28, 2008 City Commission meeting, the Commission provided authorization to enter into a Project Agreement with the Natural Resources Conservation Service (NRCS) for the Gee Creek Bank Stabilization Project at Hacienda Village. The Project Agreement has been executed and Staff is proceeding with the project with a target completion date of June 30, 2008. • This agenda item requests approval of two items: 1. Amendment #1 to the NRCS Project Agreement 2. ARight-of--Entry Agreement between the City and Hacienda Village Co-Op • Amendment #1 to the Project Agreement increases the maximum value of in-kind technical services that will be reimbursed to the City from 7.5% to 11.0% of the actual construction cost. The in-kind technical services consist of the design engineering, permitting, and related services, including the geotechnical investigation and topographic survey. The City 031008_COMM_Consent_207_NRCS_Project_Agreement Amendment 1 March 10, 2008 Consent Item 207 Page 2 of 2 requested and received NRCS approval of this increase in order to ensure that the NRCS reimbursement covers the full cost of the necessary design services. • The Right-of--Entry Agreement provides the City and its contractors permission from the property owner, Hacienda Village Co-Op, Inc., the temporary right to enter the Hacienda Village property for the exclusive purpose of constructing the Gee Creek Bank Stabilization Project. T'he Right-of--Entry Agreement is required by NRCS in accordance with the Project Agreement. RECOMMENDATION: Staff recommends the City Commission authorize the City Manager to execute Amendment No. 1 to the Project Agreement with Natural Resources Conservation Service, and the Right-of--Entry Agreement with Hacienda Village Co-Op, Inc. for the Gee Creek Bank Stabilization Project. FUNDING: None ATTACHMENTS: 1. Amendment No. 1 to NRCS Project Agreement 2. Right-of--Entry Agreement COMMISSION ACTION: AMENDMENT NO. 1 To PROJECT AGREEMENT 69-4209-8-1680 Between CITY OF WINTER SPRINGS And The UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE RE: Emergency Watershed Protection project resulting from 2007 Tornadoes. This amends the Project Agreement 69-4209-8-1680 between the above parties relative to the 2007 Tornadoes Emergency Watershed Protection Project. Clause B.5 is amended to increase the maximum value of in-kind technical services that will be reimbursed to the Sponsor from not to exceed 7.5 percent to not to exceed 11.0 percent and to read as follows: 5. Provide in-kind technical services (survey the site, design the project, develop engineering plans and specifications, let and administer contracts, and inspect work performed). The maximum value of in- kind technical services that will be reimbursed to the Sponsor will not exceed 11.0 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and in accordance with Section B.4 of this agreement. Clause C.2 is amended to increase the NRCS' reimbursement for the Sponsor in-kind technical services from not to exceed 7.5 percent to not to exceed 11.0 percent of the actual cost of constructing the emergency watershed protection measures and to read as follows. 2. Provide the value of the Sponsor in-kind technical services not to exceed 11.0 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and computed as described in B.4. All other provisions of the Agreement remain unchanged. APPROVED: CITY OF WINTER SPRINGS By: Title: This Action is authorized at an official meeting of the on the day of , 2008 at (Signature) UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: Salvador Salinas Title: Acting State Conservationist Date: Date: Reviewed By: Lynn Merrill Title: Contracting Officer Date: 1 of 1 State of Florida. CITY OF WINTER SPRINGS RIGHT-OF-ENTRY AGREEMENT THIS AGREEMENT is made and entered into this day of 2008, by and between HACIENDA VILLAGE CO-OP, Inc. (hereinafter "PROPERTY OWNER"), whose address is 280 La Vista Drive Winter Springs, FL 32708, and CITY OF WINTER SPRINGS, a Florida municipal corporation, (hereinafter "CITY") whose address is 1126 E. SR 434 Winter_prings, FL 32708. WITNESSETH: IN CONSIDERATION of the mutual promises contained herein, the receipt and sufficiency of which is acknowledge by the execution of this Agreement, the PROPERTY OWNER and CITY agree as follows: PROPERTY OWNER acknowledges CITY has entered into a Project Agreement with the Natural Resources Conservation Service, a service of the United States Department of Agriculture, for the Gee Creek Bank Stabilization Project at Hacienda Village. 2. PROPERTY OWNER hereby grants to CITY, its employees, agents, consulting engineers, contractors and other representatives the temporary right to enter upon property for the exclusive purpose of constructing the Gee Creek Bank Stabilization Project. This right-of--entry shall be effective from January 28, 2008 through June 30, 2008. 3. PROPERTY OWNER hereby covenants with CITY that PROPERTY OWNER is the true and lawful owners of the above-described real estate and is lawfully seized of the same in fee simple and has good right and full power to grant this entry. 4. PROPERTY OWNER by granting this right to enter is not relinquishing any rights whatsoever for value of land taken and damages to the remainder, if any, as provided by law. IN WITNESS WHEREOF, the parties hereto have made and executed this instrument for the purposes herein expressed. HACIENDA VILLAGE CO-OP, INC. (Printed Name) SIGNATURE STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of 2008, by , as He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State aforesaid this day of 2008. Notary Public Print Name My Commission Expires: CITY OF WINTER SPRINGS RONALD MCLEMORE City Manager SIGNATURE STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of 2008, by , as He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State aforesaid this day of 2008. Notary Public Print Name My Commission Expires: AMENDMENT NO. 1 To PROJECT AGREEMENT 69-4209-8-1680 Between CITY OF WINTER SPRINGS And The UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE RE: Emergency Watershed Protection project resulting from 2007 Tornadoes. This amends the Project Agreement 69-4209-8-1680 between the above parties relative to the 2007 Tornadoes Emergency Watershed Protection Project. Clause B.5 is amended to increase the maximum value of in-kind technical services that will be reimbursed to the Sponsor from not to exceed 7.5 percent to not to exceed 1 1.0 percent and to read as follows: 5. Provide in-kind technical services (survey the site, design the project, develop engineering plans and specifications, let and administer contracts, and inspect work performed). The maximum value of in- kind technical services that will be reimbursed to the Sponsor will not exceed 11.0 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and in accordance with Section B.4 of this agreement. Clause C.2 is amended to increase the NRCS' reimbursement for the Sponsor in-kind technical services from not to exceed 7.5 percent to not to exceed 11.0 percent of the actual cost of constructing the emergency watershed protection measures and to read as follows. 2. Provide the value of the Sponsor in-kind technical services not to exceed 11.0 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and computed as described in B.4. All other provisions of the Agreement remain unchanged. APPROVED: CITY OF WINTER SPRINGS By: RONALD W. McLEMORE Title CITY MANAGER Date: 03/13/2008 This Action is authorized at an official meeting of the on the 10th day of MARCH G.~: ~ ~' (Signature) UNIT ~ DEPARTI<iENT OF ~' ~ ULT'URE N RAL RES URCES C AT N a 'RVICE gy: ~ Revie ~,.1 ~Occ~s~ Titl 'n~ State Conservationist Title: Date: ~/~O /~D Date: 3 ~ ~ ~ `~ ~' CITY COMMISSION 2008 at CITY OF WINTER SPRINGS State of Florida. 3~/3.. 1 of 1 CITY OF WINTER SPRINGS RIGHT-OF-ENTRY AGREEMENT THIS AGREEMENT is made and entered into this ~ day of ~ ~r~ 2008, by and between HACIENDA VILLAGE CO-OP Inc. (hereinafter "PROPERTY OWNER"), whose address is 280 La Vista Drive Winter Springs, FL 32708, and CITY OF WINTER SPRINGS, a Florida municipal corporation, (hereinafter "CITY") whose address is 1126 E. SR 434 Winter Springs, FL 32708. WITNESSETH: IN CONSIDERATION of the mutual promises contained herein, the receipt and sufficiency of which is acknowledge by the execution of this Agreement, the PROPERTY OWNER and CITY agree as follows: PROPERTY OWNER acknowledges CITY has entered into a Project Agreement with the Natural Resources Conservation Service, a service of the United States Department of Agriculture, for the Gee Creek Bank Stabilization Project at Hacienda Village. 2. PROPERTY OWNER hereby grants to CITY, its employees, agents, consulting engineers, contractors and other representatives the temporary right to enter upon property for the exclusive purpose of constructing the Gee Creek Bank Stabilization Project. This right-of--entry shall be effective from January 28, 2008 through June 30, 2008. 3. PROPERTY OWNER hereby covenants with CITY that PROPERTY OWNER is the true and lawful owners of the above-described real estate and is lawfully seized of the same in fee simple and has good right and full power to grant this entry. 4. PROPERTY OWNER by granting this right to enter is not relinquishing any rights whatsoever for value of land taken and damages to the remainder, if any, as provided by law. IN WITNESS WHEREOF, the parties hereto have made and executed this instrument for the purposes herein expressed. HACIENDA VILLAGE CO-OP, INC. %~~E'-r~ ~ Pn~ /~ ~o~,.n) Gt.~ T~irPP (Printed Name) GNATURE STATE OF FLORIDA COUNTY OF SEMINOLE N The foregoing instrument was acknowledged before me this ~. a day of ~e~Ct~t A'f~ 2008, by "~0 r ~ , as C! S ~ ~h `~ He is personally known to me or has produced FI f~ as identifi ation. WITNESS my hand and official seal in the County and State aforesaid this ~ 5 day of 2008. -L~ Q~ ) (~~(.rKy--' r'~ ,,,,~~;~~,:,~~,,, ELAINE HOLLAN `'"" Notary Public • State of Florida <. «~: ~• « ~; •My Commission Expires Jan 8, 2010 ''~ ~ .~Q; Commission # DD 504620 9~~ ~~~ii ~ ~~,P `` Bonded By National Notary Assn, Notary Public I /a-• rl e ~0 l ~~ ~ Print Name My Commission Expires: CITY OF WINTER SPRINGS RONALD MCLEMOFcE - City Manager ~ / ._ Gw yx STATE OF FLORIDA COUNTY OF SEMINOLE The foregoin instrument was acknowledged before. me this ~ day of ~r/L-2[.Cw!~= 2008, by y~G~l %c~G~ G1J• ~~~ ~ ,~~p~, as ~~x~~ 7/1C2 ~~__• He is erp sonall own to me or has produced as identificatior~ ~..-___ WITNESS my hand and official seal in the County and State aforesaid this ~d y of ~, t ZLC ~/~/C}~ 2008. y~~c3/__---J~ V ~ ~ ,/ ~ otary Public ,~ ~~r ~ Joan L Brown ~ y ~-"=.!ausc~en-88301500 `~ d~ Expves March 18. 2008 Print Name My Commission Expires: