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AMENDMENT NO. 1 TO <br />AGREEMENT NO. C-1-2630 <br />1 year identified in Exhibit A. CITY agrees that any cost savings identified through the Engineer's <br />2 Estimate prior to allocation of funds shall be distributed proportionally between TE and local funding <br />3 based on proportional funding for construction phase in accordance with Exhibit A." <br />4 c) page 5, paragraph G, to delete in its entirety and in lieu thereof insert: <br />5 "TE funding for PROJECT is limited to the awarded amount of Five Hundred Thousand <br />6 Dollars ($500,000) for construction. However, if PROJECT has cost savings at contract award, the <br />7 use of TE funding may be maximized up to the amount allocated by the CTC for items in the <br />s PROJECT scope of work as provided in the 2010 Transportation Enhancement Call for Projects, <br />9 contingent on CITY providing a minimum of eleven and forty seven hundredths percent (11.47%) <br />10 local match for the construction cost." <br />ii d) page 6, paragraph H, to delete in its entirety and in lieu thereof insert: <br />12 "CITY agrees that the overall budget for PROJECT including construction management and <br />13 construction is Seven Hundred Sixty Two Thousand Dollars ($762,000) in accordance with Exhibit A <br />14 titled "TE Funding Plan", contingent on TE funding being made available through a continuing <br />15 resolution to SAFETEA-LU or federal transportation act." <br />16 e) page 6, paragraph K, to delete in its entirety. <br />17 4. Amend ARTICLE B. ADDITIONAL PROVISIONS, as noted below: <br />is a) page 9, to add paragraph N: <br />19 "N. Successors and Assigns: The provisions of this Agreement shall bind and inure to <br />20 the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto." <br />21 b) page 9, to add paragraph O: <br />22 "O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All <br />23 work must be completed no later than 42 months after the CTC allocation approval date." <br />24 / <br />25 / <br />26 / <br />Page 3 of 4 <br />L:Camm1CLERICALCLERICALIWORDPROCWGREEWMENDWM112630 A ' <br />Ax-