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AMENDMENT NO. 1 TO <br />AGREEMENT NO. C-1-3099 <br />1 WHEREAS, on May 14, 2012, AUTHORITY's Board of Directors approved a revised funding <br />2 plan to reduce the M2 Project S funds from Five Hundred Fifty Four Thousand One Hundred Seventy <br />3 Dollars ($554,170) to Sixty Six Thousand One Hundred Seventy Dollars ($66,170) as part of <br />4 Agreement No. C-1-3099 between AUTHORITY and CITY for project development activities and <br />5 preliminary engineering and to reprogram Four Hundred Eighty Eight Thousand Dollars ($488,000) of <br />6 Renewed Measure M funds to Agreement No. C-8-1157 between AUTHORITY and CITY for <br />7 completion of the Alternatives Analysis, conceptual engineering, detailed planning, project management <br />8 and state/federal environmental clearance ; and <br />9 WHEREAS, CITY agrees to contribute the Four Hundred Eighty Eight Thousand Dollars <br />10 ($488,000) of Renewed Measure M funds re-programmed to Agreement No. C-8-1157 with CITY funds <br />11 to be applied to Agreement No. C-1-3099; and <br />12 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that <br />13 Agreement No. C-1-3099 is hereby amended in the following particulars only: <br />14 1. Amend page 2 of 16, lines 24 and 25, to delete "Five Hundred Fifty Four Thousand One <br />15 Hundred Seventy Dollars ($554,170)" as the required local match under this Agreement and in lieu <br />16 thereof insert "One Million Forty Two Thousand One Hundred Seventy Dollars ($1,042,170)". <br />17 2. Amend page 3 of 16, lines 8 and 9, to delete "Exhibit A "FUNDING PLAN"" and <br />18 replace with "Amendment No. 1, Exhibit A "FUNDING PLAN"," as revised and approved by the <br />19 AUTHORITY's Board of Directors on May 14, 2012, which is attached hereto and incorporated by <br />20 reference. <br />21 3. Amend ARTICLE 3. RESPONSIBILITIES OF AUTHORITY, page 5 of 16, paragraph <br />22 C, to delete in its entirety and replace with: <br />23 "B. AUTHORITY shall remit to CITY within 30 days of receipt of an acceptable <br />24 invoice, in accordance with ARTICLE 9 REQUEST FOR REIMBURSEMENT and Amendment No. 1, <br />25 Exhibit A "FUNDING PLAN", as revised and approved by the AUTHORITY's Board of Directors on <br />26 May 14, 2012, reimbursement for project development activities and preliminary engineering up to Sixty <br />Page 2 of 5 <br />L:\Camm\CLERICAL\W ORDPROC\AGREE\AMEND\AM 113099.docx