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<br /> <br />Forty-Four Dollars and No/100 ($222,444.43) plus in-kind services equaling Thirty-Six <br />Thousand Seven Hundred Seventy-Nine dollars and No/100 ($36,779.97). <br />I. In the event the cost of the Project exceeds the estimates as submitted in <br />the Application prepared by City, the Parties agree to meet and determine revisions to <br />the Project to satisfy the budget(s) or revised funding proposal(s) by the Parties, which <br />shall be documented and submitted in writing as an amendment to the Agreement. Any <br />cost overruns shall be the financial responsibility of the jurisdiction where the work <br />improvement occurs or as the case may be, causes the required improvement. <br />J. The Parties desire to enter into this Agreement to implement the Project in <br />support of Project P as part of M2. <br />K. This Agreement defines the specific terms, conditions, and funding <br />responsibilities between the Parties for the implementation of the Project. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the above recitals and the mutual <br />covenants set forth below, City and Santa Ana agree as follows: <br />1. Complete Agreement <br />A. This Agreement, including any attachments incorporated herein and made <br />applicable by reference, constitutes the complete and exclusive statement <br />of the terms and conditions of this Agreement between City and Santa Ana <br />and it supersedes all prior representations, understandings and <br />communications between the Parties. The above referenced Recitals are <br />true and correct and are incorporated by reference herein. <br />B. City’s failure to insist on any instance(s) of Santa Ana’s performance of any <br />term(s) or condition(s) of this Agreement shall not be construed as a waiver <br />or relinquishment of City’s right to such performance or to future <br />performance of such term(s) or condition(s), and Santa Ana’s obligation in <br />respect thereto shall continue in full force and effect. <br />C. Changes to any portion of this Agreement shall not be binding upon City <br />except when specifically confirmed in writing by an authorized <br />representative of City by way of a written amendment to this Agreement and <br />issued in accordance with the provisions of this Agreement. <br />D. Santa Ana’s failure to insist on any instance(s) of City’s performance of any <br />term(s) or condition(s) of this Agreement shall not be construed as a waiver <br />or relinquishment of Santa Ana’s right to such performance or to future <br />performance of such term(s) or condition(s), and City’s obligation in respect <br />thereto shall continue in full force and effect.