HomeMy WebLinkAboutAgreement A-18-561-3 with City of Kerman.pdf1
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AMENDMENT III TO AGREEMENT
THIS AMENDMENT III TO AGREEMENT, (“Amendment III”), is made this ____ day of
______________, 2021 (“Effective Date”), by and between the COUNTY OF FRESNO, a political
subdivision of the State of California ("County"), and the CITY OF KERMAN ("City").
WITNESSETH
WHEREAS, the County has been designated as the sponsoring agency to administer and
implement the Community Development Block Grant (CDBG) Program activities of the County,
and its participating cities, in accordance with the provisions of Title I of the Housing and
Community Development Act of 1974, as amended, and the laws of the State of California; and
WHEREAS, on September 25, 2018, the County and the City entered into Agreement 18-
561 ("Agreement"), whereby $419,292 in CDBG funds were made available to the City for the
Kerman Stanislaus Avenue Park Development, Project No. 17371 ("Project"); and
WHEREAS, on October 8, 2019, the County and the City entered into Amendment I to the
Agreement (“Amendment I”), whereby an additional $146,752 in CDBG funds were made available
to the City for the Project due to increased construction costs; and
WHEREAS, on August 4, 2020, the County and the City entered into Amendment II to the
Agreement (“Amendment II”), whereby an additional $131,963 in CDBG funds were made
available to the City for the Project due to increased construction costs; and
WHEREAS, the City now has an additional $290,906 from its allocation of CDBG funds
that may be made available to the Project to reduce local fund contribution under the Agreement;
and
WHEREAS, the City has requested these additional CDBG funds in the amount of
$290,906 be made available to the Project for the purposes of this Agreement.
NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the
City and the County agree to amend the Agreement as follows:
1.Page 1, Lines 15-20, as amended by Amendments I and II, is further amended to
read:
“WHEREAS, the City has estimated that total cost of the Project is $1,219,683, and the
24th
August
Agreement No. 18-561-321-0606
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City has committed local funds to the Project in the amount of $230,770, and is in need of $988,913
in CDBG funding to complete the Project; and
WHEREAS, the County can provide $988,913 in CDBG funds needed for the Project from
the City's 2017-2018 CDBG allocation ($267,469), from the City's 2018-2019 CDBG allocation
($105,827), from the City’s 2019-2020 CDBG allocation ($137,989), from the City’s 2020-2021
CDBG allocation ($127,099), from the City’s 2021-2022 CDBG allocation ($268,500) and from the
City’s remaining balance of CDBG funds ($82,029); and”
2.The proposed funding summary for the Project on Page 3, Lines 3 and 4, as
amended by Amendments I and II, is further amended to read:
"CDBG $ 988,913
Local Financial Contribution 230,770
Total $1,219,683"
3.That the dollar figure set forth on Page 2, Line 26, Page 3, Line 18, and Page 4,
Line 22, as amended by Amendments I and II, is further amended in each such place to read
"$988,913".
County and City agree that this Amendment III is sufficient to further amend the
Agreement, and that upon execution of this Amendment III, the Agreement, Amendment I,
Amendment II, and this Amendment III together shall be considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All remaining provisions,
terms, covenants, conditions, and promises contained in the Agreement shall remain in full force
and effect.
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1 IN WITNESS WHEREOF , the parties have executed this Amendment 111 as of the day
2 and year first hereinabove written.
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CITY OF KERMAN
By ~
City~
Date: -------------
10 ATTEST:
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APPROVEDASTOLEGALFORM :
City Attorney
FUND NO : 0001
22 SUBCLASS NO : 10000
ORG NO : 7205
23 ACCOUNT NO: 7885
PROJECT NO: N17371
24 ACTIVITY CODE: 7219
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COUNTI OF F2 le__
Steve Brandau , Chairman of the
Board of Supervisors of the
County of Fresno
Date : --~~------~-':l ..... , ~dc.0-'~-
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
REMIT TO :
City of Kerman
Attn: John Jansons , City Manager
850 South Madera Avenue
Kerman , CA 93630
Telephone : (559) 846-9387
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SW:JA: G:\7205Com Dev\~Agendas-Agreements\2021 10824_Amend Il l to Kerman Stan islaus Ave Park De velopment 1737 1 AG T.docx June 23, 2021
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