2. 1st Amendment 01/23/2019
DATE: January 28, 2019
TO: Kevin G. Wilson, PE
Assistant County Administrator
FROM: Pamela G. Hancock, D.C.
rd
SUBJECT: January 23 BOCC Meeting
Attached is an electronic copy of Item K1, 1st Amendment to the KWRU Contract for
additional connection point work on south Stock Island, for your handling.
Should you have any questions, please feel free to contact me at (305) 292-3550. Thank
you.
cc: County Attorney
Finance
File
AMENDMENT TO ADDITIONAL WORK AGREEMENT
1. THIS AMENDMENT TQ ADDITIONAL WORK AGREEMENT
("Amendment") is entered into as of the,.3 day of Tkmtarkl, 2019 ("Effective Date"), by
and between KW RESORT UTILITIES CORP., a Florida corporation ("KWRU" or
"Utility"), and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political
subdivision of the State of Florida ("County," and together with KWRU, each a "Party"; and
together the"Parties").
RECITALS
A. WHEREAS, the Parties have previously entered in,to that certain Additional
Work Agreement dated March 21, 2018 (the "Agreement") in which the County has requested
that certain properties not previously connected to Utility's system and which require the
installation of additional infrastructure (the "Additional Work") by the Utility in order to connect
to Utility's system be connected. Capitalized terms used in this Amendment, unless specifically
defined herein, shall have the meaning given to such terms in the Agreement; and
B. WHEREAS, paragraph 1 of the Agreement provided that the Utility would
achieve Substantial Completion of the work outlined in Appendix A to the Agreement no later
than nine (9)months from the Effective Date of the Agreement,but also further provided that the
Parties could agree to an extension of the term of the Agreement in writing; and
C. WHEREAS, the contractor for KWRU will be at or near substantial completion of
the Additional Work by the January Monroe County Board of County Commissioner's meeting.
KWRU and its contractor have been coordinating with Monroe County's roadway improvement
project on Stock Island. In addition unforeseen stormwater pipes, water pipes and other unknown
underground issues have delayed completion of the Additional Work ; and
D. WHEREAS, the Parties desire to amend the Agreement to extend the Substantial
Completion deadline as set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
AMENDMENT
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
into the Amendment by this reference.
2. Extension of Substantial Completion. The date by which KWRU is to achieve
Substantial Completion of the work, outlined in Paragraph 1 and Appendix A of the Agreement,
is hereby extended retroactively by sixty (60) days, from December 21, 2018, to February 19,
2019.
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3. Miscellaneous. Except as modified or amended by this Amendment, the Parties
hereby ratify and confirm the Agreement in all respects and the same shall remain in full force
and effect and be binding on the Parties in accordance with its terms. This Amendment shall be
binding upon and inure to the benefit of the Parties, and their respective heirs, personal
representatives, successors and assigns. No additions or modifications of any term or provision
of this Amendment shall be effective unless set forth in writing, signed by the Party against
whom enforcement of such addition or modification is sought.
4. Counterparts. This Amendment may be executed in two or more counterparts
each of which shall be an original but all of which shall constitute one instrument. An executed
facsimile copy or e-mail delivery of a ".pdf' format data file shall be an acceptable form of
acceptance of this Amendment, and shall be considered an original for all purposes.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective
Date.
KWRU:
Attest(witness):
KW RESORT UTILITIES
CORPORATION, a Florida corporation
By. By.
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Prim rizim_: AiNctr-c C . Sav e- ar W ig Vitt •csict
COUNTY:
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Attest: KEVIN MADOK, Clerk MONROE COUNTY BOARD OF
.;� COUNTY COMMISSIONERS, a political
subdivision/Flo •
Al i > '�; is / , •
By:
Deputpelerk Sylvi Murphy, Mayor
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