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Item 3A AGENDA ITEM # 3A OCTOBER 25, 2010 October 18, 2010 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans City Manager SUBJECT: Follow -up eport Interlocal Agreement with COJ for Improvements to the Atlantic Beach Dog Park; The City has now received a final executed copy of an amendment to the Interlocal Agreement with the City of Jacksonville providing funds for improvements to the Atlantic Beach Dog Park to be located at the Hopkins Creek Pond site. This amendment extends the date for completion of the work from September 30, 2010 to December 31, 2010. A copy of the amendment is attached. AGENDA ITEM # 3A • OCTOBER 25, 2010 OFFICE OF GENERAL COUNSEL CINDY A. LAQUIDARA CITY OF JACKSONVILLE KAREN M. CHASTAIN GENERAL COUNSEL CHIEF DEPUTY GENERAL COUNSEL MICHAEL J. ARINGTON DEBRA A. BRAGA WENDY L. MUMMAW r_1a- DOUGLASS E. MYERS, JR. WILLIAM B. BURKh11 I _6. `1 0.1 -"1 ;0 KRISTINA G. NELSON DERREL Q. CHATMON DAVID J. D'AGATA - GAYLE PETRIE TWANE L. DUCKWORTH .` r 1 ' * ; � , JON R. PHILLIPS STEPHEN J. POWELL LOREE L. FRENCH STEPHEN DYLAN T. REINGOLD JASON R. GABRIEL STEVEN E. ROHAN JOHN F. GERMANY, JR CITY HALL, ST. JAMES BUILDING SEAN B. GRANAT JULIA A. SHA CHERRY A. SHAW LAWSIKIA HODGES 117 WEST DUVAL STREET, SUITE 480 MARGARET M. SIDMAN MARY W. JARRETT JACKSONVILLE, FLORIDA 32202 JEFFREY D. SMITH HOWARD M. MALTZ EDWARD C. TANNEN NEILL W. MCARTHUR, JR. JASON R. TEAL JAMES R. MCCAIN, JR. ADINATEODORESCU CAROL MIRANDO DEBORAH D. WALTERS MICHELLE M. MOORE MICHAEL B. WEDNER GABY YOUNG October 14, 2010 Jim Hanson City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: FIRST AMENDMENT TO INTERLOCALAGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH FOR IMPROVEMENTS TO ATLANTIC BEACH DOG PARK Dear Mr. Hanson: Enclosed please find an original of the above referenced document, which has been fully executed by the City of Jacksonville. This contract has been assigned City Contract #5629 - and all future inquires should reference said number. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, Rebecca Allen, Legal Assistant to James R. McCain, Jr., Assistant General Counsel cc: Dick Brown, City Council Vanessa Price, Recreation & Community Services Department Office Telephone Writer's Direct Line Facsimile Writer's E -Mail Address Office Web Site (904) 630 -1700 (904) 630 -7130 (904) 630 -1731 JMcCain @coj.net GeneralCounsel.coj.com AGENDA ITEM # 3A OCTOBER 25, 2010 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH FOR IMPROVEMENTS TO ATLANTIC BEACH DOG PARK THIS FIRST AMENDMENT to the Interlocal Agreement is made and entered into this __� (__ day of oa , 2010, by and between the CITY OF JACKSONVILLE, a municipal corporation in Duval County, Florida, with its principal office at 117 West Duval Street, Jacksonville, Florida 32202 (hereinafter referred to as "COJ ") and the CITY OF ATLANTIC BEACH, a municipal corporation in Duval County, Florida, with its principal office at 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter referred to as "COAB "). WITNESSETH: WHEREAS, on April 28, 2010, COJ and COAB entered into that certain Interlocal Agreement (the "Agreement ") for funding assistance in the installation of improvements at the Atlantic Beach Dog Park (the "Project "); and WHEREAS, the Agreement has not been amended previously; and WHEREAS, COJ and COAB now desire to enter into a First Amendment to the Agreement so as to extend the completion date for the Project from September 30, 2010, to December 31, 2010; now therefore IN CONSIDERATION of the mutual promises contained herein and for other good and sufficient consideration, the parties agree that the Agreement shall be amended as follows: Page 1 of 4 AGENDA ITEM # 3A OCTOBER 25, 2010 1. Incorporation of Recitals. The above stated recitals are true and correct and, by this reference, are incorporated herein and made a part hereof. 2. Section 2 of said Agreement, "Effective Date," is amended, in part, to extend the completion date for the Project from September 30, 2010, to December 31, 2010, and, as amended, shall read as follows: "2. Effective Date. This Agreement shall become effective on the day and year first written above and shall continue in full force until construction of the Project is complete, unless terminated earlier as provided in this Agreement; provided however, this Project shall be completed no later than December 31, 2010." SAVE AND EXCEPT as expressly amended by this instrument, the provisions, terms and conditions of said Agreement of April 28, 2010, shall remain in full force and effect. [Remainder of page left blank intentionally. Signature page follows immediately] Page 2 of 4