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11�ti%1% <br />011 INSURANCE N07 REQUIRED <br />WORK MAY PROCEED <br />1ATC• CLERK OF COUNCIL <br />Return ORIGINAL <br />executed copy to COTC, <br />M-30 <br />AMENDMENT NO. <br />PW (1)(k04f-1' 1MP)R; 1VE AGREEMENTTO <br />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 />A-2017-029 <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 />