HomeMy WebLinkAbout2017 12 11 Consent 308 Florida Avenue Streetscape Agreement First AmendmentCOMMISSION AGENDA
ITEM 308
Informational
Consent
X
Public Hearings
Regular
December 11, 2017 KS BF
Regular Meeting City Manager Department
REQUEST:
The Community Development Department requesting City Commission approval of the
First Amendment to the Florida Avenue Streetscape Agreement, extending the term of the
Agreement by one year to September 2, 2018.
SYNOPSIS:
The Florida Avenue Streetscape Project, funded by the US 17 -92 Community
Redevelopment Agency, is ready for construction. The First Amendment to the Agreement
extends the term by one year to September 2, 2018 to provide sufficient time to complete
the construction.
CONSIDERATIONS:
. At the August 24, 2015 City Commission meeting, the Commission approved a
funding agreement with the US 17 -92 Community Redevelopment Agency (CRA) for
the Florida Avenue Streetscape Project in the amount of $451,786.00.
. The Florida Avenue design started in April of 2016 and is now complete. The project
is scheduled to be advertised for construction bids in December 2017.
The funding agreement with the CRA had an initial term of two years, starting in
September 2015 when the agreement was approved by Seminole County. The First
Amendment to the Agreement (see Exhibit A) extends the term by one year to
September 2, 2018, which provides sufficient time to complete the construction.
Consent 308 PAGE 1 OF 2 - December 11, 2017
. The First Amendment will protect the City's funding for the Florida Avenue project
after the expected termination of the US 17 -92 CRA program.
FISCAL IMPACT:
The Florida Avenue project is funded by the US 17 -92 CRA in the amount of up to
$451,786.00. The First Amendment is only for a time extension of one year and does not
have a fiscal impact.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends the City Commission approve the First Amendment to the Florida
Avenue Streetscape Agreement, extending the term of the Agreement by one year to
September 2, 2018.
ATTACHMENTS:
1. Exhibit A -First Amendment to the Florida Avenue Streetscape Project Agreement (3
pages)
Consent 308 PAGE 2 OF 2 - December 11, 2017
EXHIBIT A
FIRST AMENDMENT TO FLORIDA AVENUE STREETSCAPE
PROJECT AGREEMENT
BETWEEN THE US 17 -92 CRA AND THE CITY OF WINTER SPRINGS
THIS FIRST AMENDMENT, is made and entered into this day of
20 , and is to that certain Agreement made and entered into on
September 2, 2015, between the US 17 -92 COMMUNITY REDEVELOPMENT AGENCY, a
public agency existing pursuant to Chapter 58 of the Seminole County Code and created pursuant
to Florida Statutes 163.356 or 163.357, of and in the State of Florida, whose address is 1101 East
First Street, Sanford, Florida 32771, hereinafter "CRA ", and CITY OF WINTER SPRINGS,
whose mailing address is 1126 East State Rd. 454, Winter Springs, Florida 32705, hereinafter
"CITY"
WITNESSETH:
WHEREAS, CRA and CITY entered into the above referenced Agreement on
September 2, 2015, for the Florida Avenue Streetscape project (the "PROJECT "), a streetscape
beautification project along Florida Avenue in Winter Springs; and
WHEREAS, the parties now desire to amend the Agreement so as to allow for an extension
to the term set forth in Section 3 of the Agreement, as more particularly set forth below; and
WHEREAS, Section 15 of the Agreement provides that any amendments shall be valid only
when expressed in writing and executed by the parties; and
NOW, THEREFORE, in consideration of the mutual understandings and agreements
contained herein, the parties agree to amend the Agreement as follows:
1. Recitals. The above recitals are true and form a material part of this First Amendment
to the Agreement upon which the parties have relied.
2. Section 3 of the Agreement is hereby amended to read:
First Amendment to Florida Avenue Streetscape Project Agreement
Seminole County /City of Winter Springs
Page 1 of 3
Section 3. Term. The initial term of this Agreement began upon execution of this
Agreement by the parties on September 2, 2015 and remains in effect for a period of three (3)
years, which date is September 2, 2018, or until terminated by either party after first giving
thirty (30) days written notice.
3. Effect of First Amendment on Agreement. The remaining portions of the
Agreement, as well as the Exhibits /Attachments thereto not expressly amended by this instrument
shall remain in full force and effect as originally agreed upon.
4. Severability. If any item or provision of this First Amendment is held invalid or
unenforceable by a court of competent jurisdiction, then such item or provision shall be null and
void, shall be deemed separable from the remaining items or provisions hereof or of the Agreement,
and shall, in no way, affect the validity of the remaining items or provisions of said instruments.
(Signatures and attestations follows)
First Amendment to Florida Avenue Streetscape Project Agreement
Seminole County /City of Winter Springs
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have made and executed this First
Amendment to Agreement for the purposes stated herein.
ATTEST:
ANDREA LORENZO- LUACES, MMC,
City Clerk
Approved as to form and
legal sufficiency.
ANTHONY A. GARGANESE, Esq.
City Attorney
ATTEST:
GRANT MALOY
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
County Attorney
CITY OF WINTER SPRINGS
L'In
CHARLES LACEY, Mayor
Date:
US 17 -92 COMMUNITY
REDEVELOPMENT AGENCY
I
Date:
JOHN HORAN, Chairman
As authorized for execution by the US 17 -92
CRA at its
20 regular meeting.
PHC /org
11/27/17
P:AUsers \Legal Secretary CSB \Economic Development \CRA \2017\1 Am City of Winter Springs Florida Ave. Streetscape) Nov27(17).docx
First Amendment to Florida Avenue Streetscape Project Agreement
Seminole County /City of Winter Springs
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