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<br />19 <br /> <br />20 <br /> <br />21 <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />AMENDMENT NO.1 TO <br />AGREEMENT NO. C-5-2592 <br /> <br />1 <br /> <br />WHEREAS, on February 28, 1994, COSTA MESA and AUTHORITY entered into Agreement <br />No. C-93-626, combining the MOS-2 and MOS-3 into a single project (hereinafter referred to as <br />"MOS-2 and 3 PROJECT"). The construction of the MOS-2 and 3 PROJECT provided minimal <br /> <br />2 <br /> <br />3 <br /> <br />4 <br /> <br />landscaping and COSTA MESA and SANTA ANA along with effected businesses have expressed <br /> <br /> <br />serious concern with regards to the appearance of the 1-405/Bristol Street and SR-55/MacArthur <br /> <br />5 <br /> <br />6 <br /> <br />Boulevard interchanges; <br /> <br />7 <br /> <br />WHEREAS, AUTHORITY, COSTA MESA and SANTA ANA have agreed to extend the term of <br /> <br />8 <br /> <br />this Agreement through December 31, 2008 to allow for ..dditional time to complete the landscaping <br /> <br /> <br />project and undergo a not-to-exceed twelve month plant establishment period for the new landscaping <br /> <br />9 <br /> <br />10 <br /> <br />work, as part of the project's original plans and specifications, with no increase to the maximum <br />payment obligation; and <br /> <br />11 <br /> <br />12 <br /> <br />NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY, COSTA MESA, <br />and SANTA ANA that Agreement C-5-2592 is hereby amended in the following particulars only; <br /> <br />13 <br /> <br />14 <br /> <br />1. <br /> <br />Amend ARTICLE 8. TERM OF THE AGREEMENT, to delete paragraph in its entirety, <br /> <br />15 <br /> <br />and, in lieu thereof, insert the following: <br /> <br />16 <br /> <br />"This Agreement shall commence upon execution of this Agreement by all parties and shall <br /> <br /> <br />continue in full force and effect through December 31, 2008 unless terminated earlier due to either the <br /> <br /> <br />completion of the landscaping project per project's original plans and specifications and/or a not-to- <br /> <br /> <br />exceed twelve month plant establishment period for the new landscaping work, whichever is completed <br /> <br /> <br />earlier. This Agreement may also be extended by the written mutual agreement by all parties." <br /> <br />17 <br /> <br />18 <br /> <br />/ <br /> <br />/ <br />/ <br />/ <br />/ <br />/ <br /> <br />L:\CAMM\CLERICAL\CLERICAL\WORDPROC\AGREE\AMEND\AM152592.DOC <br /> <br />Page 2 of 4 <br />