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
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~• « ~; •My Commission Expires Jan 8, 2010
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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
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`~ d~ Expves March 18. 2008
Print Name
My Commission Expires: