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Return ORIGINAL <br /> 2 INSURANCE NOT REQUIRED executed copy to COTC, <br /> M-30 A-2017-029 <br /> WORK MAY PROCEED <br /> ;1ATC. CLERK OF COUNCIL AMENDMENT NO. 1 <br /> OOP RATIVE AGREEMENT BETWEEN THE CITY OF SANTA <br /> ANA AND THE CITY OF COSTA MESA FOR THE <br /> CONSTRUCTION OF THE SANTA ANA DELHI DIVERSION <br /> FORCED SEWER MAIN UNDER BRISTOL STREET FROM <br /> BAKER TO NEWPORT BEACH BOULVARD <br /> This AMENDMENT NO. 1 ("Amendment No. 1") to the Cooperative Agreement between the <br /> City of Santa Ana and the City of Costa Mesa for the Construction of the Santa Ana Delhi <br /> Diversion Forced Sewer Main Under Bristol Street("Agreement")is made and entered into this <br /> 21st day of February, 2017, by and between the CITY OF COSTA MESA, a municipal <br /> corporation ("COSTA MESA"), and the CITY OF SANTA ANA, a municipal corporation <br /> ("SANTA ANA"). <br /> RECITALS: <br /> A. WHEREAS, pursuant to the Agreement, SANTA ANA, agreed to advance funds to <br /> COSTA MESA in an amount not exceeding $1,100,000.00, which amount then <br /> represented the entire estimated cost to pay COSTA MESA's contractor on the Bristol <br /> Street Median Project to perform that portion of the Diversion Channel Project which calls <br /> for forced sewer main pipelines to be installed within Bristol Street between Baker Street <br /> to Newport Boulevard; and <br /> B. WHEREAS, pursuant to the Agreement, although SANTA ANA agreed to advance funds <br /> sufficient to pay the entire estimated cost to pay COSTA MESA's contractor, it was further <br /> agreed by the parties to the Agreement that COSTA MESA would reimburse SANTA <br /> ANA up to $600,000.00, which amount represented COSTA MESA's lump sum obligation <br /> on the Diversion Channel Project; and <br /> C. WHEREAS, in the time since the Agreement, SANTA ANA and COSTA MESA have <br /> learned and acknowledged that the entire estimated cost to perform the aforementioned <br /> Diversion Channel Project work within Bristol Street is actually an estimated <br /> $1,700,000.00; and <br /> D. WHEREAS, both SANTA ANA and COSTA MESA now desire that, rather than COSTA <br /> MESA reimbursing SANTA ANA the $600,000.00, COSTA MESA will contribute that <br /> amount to the total actual estimated cost to perform the aforementioned Diversion Channel <br /> Project work within Bristol Street; and <br /> E. WHEREAS, to effectuate and memorialize this new arrangement, the Parties desire to <br /> amend the Agreement. <br /> Page 1 of 7 <br />