HomeMy WebLinkAboutORANGE, COUNTY OF (29)f
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Project: City of Santa Ana
Thornton Park .
(Job No. EH07729)
ti
Agreement No.'D92-047
AMENDMENT NO. 1
TO
FINANCIAL ASSISTANCE AGREEMENT
This AMENDMENT to AGREEMENT, made and entered into this
day of , 1994,
BY AND BETWEEN
THE CITY OF SANTA ANA, a
municipal corporation,
hereinafter referred to as
"CITY",
021s
THE COUNTY OF ORANGE, a
subdivision of the State of
California, hereinafter
referred to as "COUNTY".
WSTNESSETH
WHEREAS, CITY and COUNTY entered into an Agreement dated
January 26, 1993, hereinafter referred to as "Original
Agreement," and by this reference made part of this amendment,
for the development and construction of certain specified
improvements at CITY's Thornton Park, hereinafter referred to as
"PROJECT"; and
WHEREAS, pursuant to said Agreement, COUNTY authorized
funding assistance in an amount not to exceed $150,000 for said
PROJECT; and
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Agreement No. D92-047
1 WHEREAS, CITY has determined that PROJECT will require
2 substantially more time than the Original Agreement anticipated
3 to complete the PROJECT; and
4 WHEREAS, CITY has requested an extension of time until
5 December 31, 1995 to complete the PROJECT; and
6 WHEREAS, COUNTY agrees that such request for extension will
7 not change the COUNTY's commitment for enhanced recreational
8 facilities to children with physical handicaps throughout Orange
9 County.
10 NOW, THEREFORE, COUNTY and CITY do mutually agree to amend
11 Original Agreement as follows:
12 1. Paragraph 2 (PERFORMANCE) shall read:
13 CITY agrees to award contract for construction of said
14 PROJECT on or after March 1, 1994 and to complete PROJECT by
15 December 31, 1995. The period for completion as set forth herein
16 however, shall be extended by the period that completion is
17 delayed by acts otherwise outside the control of CITY.
18 2. Paragraph 7, Section d shall read:
19 d. Complete PROJECT by December 31, 1995 as evidenced by
20 contract Notice of Completion, executed by CITY and
21 filed with COUNTY.
22 3. Paragraph 15 (TERM OF AGREEMENT) shall read:
23 The term of this AGREEMENT shall commence upon execution by
24 COUNTY'S Board of Supervisors and shall terminate on December 31,
25 1995, or on an earlier date subject to the performance
26 requirements specified herein or in accordance with the
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Agreement No. D92-047
1 termination provisions of this AGREEMENT described in Paragraph
2 10 above, provided, however, that CITY's obligations under
3 Paragraph 5 above, shall remain in effect and be enforceable by
4 COUNTY unless all funds paid by COUNTY hereunder to CITY have
5 been refunded to COUNTY.
6.1 All other provisions of the Original Agreement shall remain
unchanged.
I/
-3-
Agreement No. D92-047
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N:I
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment to Agreement on the day and year first hereinabove
written.
Dated:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
Phyllis A. Henderson
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
TERRY C. ANDRUS, COUNTY COUNSEL
ORANGE CUNT C LIFORNIA
By
( e ty r ate
Dated
APPROVED AS TO FORM:
By:
Cit A to,hey
AT'I
By:
-4-
COUNTY OF ORANGE
By:
Chairman of the Board of
Supervisors of Orange County,
California
The CITY OF SANTA ANA,
a municipal corporation
By:
D 1 Youn -4 Mayo
City of Santa An
APPROVED AS TC'---,t2' TENT:
By:
City Manager