HomeMy WebLinkAboutSt. Johns River Water Management District Right Of Entry Agreement - Solary Canal 2011 06 29 _ _ _ _ _ _ _. _ _ --�-�..�,,
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RIGHT OF ENTRY AGREEMENT
BETWEEN THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND THE CITY OF WINTER SPRINGS
THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District"), whose address is 4049 Reid Street,
Palatka, Florida 32177, and the CTT'Y OF WINTER SPRINGS ("City"), whose address is 1126 East SR,
Winter Springs, FL 32708. All references to the parties hereto include the parties, their officers,
employees, agents, successors, and assigns.
WHEREAS, the parties entered into an agreement, District Contract No. 25463, on December 22,
2009, for the construction and maintenance of the Solary Canal Regional Stormwater Treatment Facility
(the "Facility"); and
WHEREAS, the construction of the Facility is incomplete, and due to the unanticipated
development of increased upward flow of groundwater at a portion of the site, it has been necessary to
redesign the Facility; and
WHEREAS, due to the delay involved with investigating site conditions and completing the re-
design process, it was necessary for the City to terininate the contract with its construction contractor; and
WHEREAS, the District wishes to assist the City in completing construction of the Facility on an
expedited basis in accordance with the redesign plans to be jointly developed by the parties.
NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of
this Agreement, and other good and valuable consideration, receipt of which is hereby aclrnowledged, the
parties hereby agree as follows:
1. The City grants the District and its construction contractor a license to enter upon the
property upon which the Facility is under construction for the purpose of completing construction of the
Facility in accordance with the redesign plans to be developed by the District and the City. This license
shall expire upon acceptance of the Facility as complete by the District and the City.
2. The District shall be in privity of contract with the const�uction contractor and shall be
responsible for supervising the work and ensuring that the work is completed in accordance with the
redesign plans.
3. The District shall require the construction contractor to list the City as an additional insured
under its general liability insurance policy.
4. In the event the District requires the construction contractor to provide a performance bond,
the City shall be listed as a beneficiary of such bond.
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IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this
Agreement to be executed on the day and year written below in its name by its Executive Director, or duly
authorized designee, and City has caused this Agreement to be executed on the day and year written below
in its name by its duly authorized representative. Tlus Agreement may be executed in separate
counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire
agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral
or otherwise, not printed or inserted herein. This Agreement cannot b� changed by �ny means other than
written amendments referencing this Agreement and signed by all parties.
ST. JOHNS RNER WATER CITY OF WIlV'i"r',P. S�F.II�TGS
MANAGEMENT DISTRICT
i ,� �� ��
sy:l `� .�-E'/ By:
Kirby B. Green III, E ecutive Director (or designee)
Kevi L. Smit , City Manager
Typed Name and Title
Date: C�",�-1��� Date: June 29, 2 011
APPROVED BY TI� OFFICE
OF GENERAL COUNSEL
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Attest:
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,��;,� Shawn Boyl Fina e Director
S� ey J. Niego, r. A istant en al Counsel Typed Name and Title
;
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