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FIRST AMENDMENT TO <br />COOPERATIVE AGREEMENT FOR THE <br />PUBLIC IMPROVEMENTS AT THE GRAND <br />CENTRAL ARTS CENTER BUILDING <br />THIS FIRST AMENDMENT is entered into this day of November, 2008, by and <br />between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a <br />public body corporate and politic (the "Agency "), and the CITY OF SANTA ANA, a charter city and <br />municipal corporation duly organized and existing under the Constitution and laws of the State of <br />California (the "City "). <br />WITNESSETH <br />A. The Agency and City entered into that certain agreement titled the "Cooperative <br />Agreement for the Public Improvements at the Grand Central Arts Center Building (the <br />"Agreement ") on or about August 18, 2008. <br />B. The Agency contracted with the City for the City to provide for the emergency <br />building repair (performed in January 2008) and pest control at the Grand Central Arts Center <br />Building in order to repair the building and treat the building for termites and termite related damage. <br />These repairs will keep the building habitable for the occupants of the building which include the <br />California State University, Fullerton Graduate Arts Program, studio apartments, art galleries, <br />classroom space and the Gypsy Den Restaurant (referred to hereinafter as "Publicly Owned <br />Improvements ") in connection with the Agency's redevelopment activities. <br />C. The Agency agreed to pay for all or part of the repairs and maintenance of such <br />Publicly Owned Improvements to the City. <br />D. The parties hereto now want to amend the Agreement to increase the Scope of <br />Work of the Agreement and increase the amount of the compensation by the Agency due to <br />unforeseen additional costs. <br />WHEREFORE, in consideration of the mutual and respective promises hereinafter <br />contained and made, and subject to all the terms and conditions of said Agreement as hereby <br />amended, the parties do hereby agree as follows: <br />1. The "Scope of Work" section of the Agreement shall be amended to increase the dollar <br />amount by an additional $299,700.00 in order to cover the updated costs due to the increase in the <br />Scope of Work. The additional project work will include replacement of the roof walking deck, <br />waterproofing around the light wells and total replacement of the flooring on the first floor of the <br />building. The total project cost pursuant to the Agreement and this Amendment shall not exceed <br />$334,700.00. <br />2. All other terms and conditions included in said Agreement shall have the same force and <br />effect and remain unchanged. <br />4-117 <br />