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HomeMy WebLinkAboutAgreement A-23-064 Amend. I to Agt No. 20-444 w Biola CSD.pdf 22-1320 Agreement No. 23-064 1 AMENDMENT I TO AGREEMENT 2 THIS AMENDMENT I TO AGREEMENT, ("Amendment I"), is made this 7th day of 3 February , 2023 ("Effective Date"), by and between the COUNTY OF FRESNO, a political 4 subdivision of the State of California ("County"), and the BIOLA COMMUNITY SERVICES 5 DISTRICT ("District"). 6 WITNESSETH 7 WHEREAS, the County has been designated as the sponsoring agency to administer and 8 implement the Community Development Block Grant (CDBG) Program activities of the County, 9 and its participating cities, in accordance with the provisions of Title I of the Housing and 10 Community Development Act of 1974, as amended, and the laws of the State of California; and 11 WHEREAS, on November 3, 2020, the County and the District entered into Agreement 20- 12 444 ("Agreement"), whereby $250,000 in CDBG funds were made available to the District for the 13 Biola Sidewalk and Street Improvements, Project No. 20031 ("Project"); and 14 WHEREAS, the District informed the County that the total estimated cost of the Project has 15 increase from $250,000 to $310,000 due to increased construction costs; and 16 WHEREAS, the District is in need of $60,000 in CDBG funding to complete the Project; 17 and 18 WHEREAS, there is $60,000 in CDBG funds that can be made available to the District for 19 the Project this fiscal year. 20 NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the 21 County and District agree to amend the Agreement as follows: 22 1. Page 1, Lines 15-21, is amended to read: 23 "WHEREAS, the District has estimated that the total cost of the Project is $310,000, and 24 the District has requested the sum of$310,000 from the County's allocation of CDBG funds; and 25 WHEREAS, the County Board of Supervisors, at a public hearing conducted on April 28, 26 2020, approved as part of the County's 2020-2021 Action Plan, the usage of $250,000 in CDBG 27 funds for the Project, as requested by the District; and 28 WHEREAS, there is an additional $60,000 in CDBG funds that can be made available to 1 1 the District for the Project in Fiscal Year 2022-2023; and"; and 2 2. The proposed Project budget on Page 2, Lines 20 through 22, is amended to read: 3 "Construction $224,850 Design & Construction Engineering $ 60,450 4 Contingency, Permits & Misc. 24,700 Total $310,000" 5 6 3. The proposed funding summary for the Project on Page 3, Lines 3 and 4, is 7 amended to read: 8 "CDBG $310,000 Total $310,000" 9 10 4. That the dollar figure set forth on Page 2, Line 25; Page 3, Line 16; and Page 4, 11 Line 22, is amended in each such place to read "$310,000". 12 County and District agree that this Amendment I is sufficient to amend the Agreement, and 13 that upon execution of this Amendment 1, the Agreement and this Amendment I together shall be 14 considered the Agreement. 15 The Agreement, as hereby amended, is ratified and continued. All remaining provisions, 16 terms, covenants, conditions, and promises contained in the Agreement shall remain in full force 17 and effect. 18 19 20 21 22 23 24 25 26 27 28 2 1 IN WITNESS WHEREOF,the parties have executed this Amendment I as of the day and 2 year first hereinabove written. 3 4 BIOLA COMMUNITY SERVICES DISTRICT COUNTY OF FRESNO 5 6 BY: BY: 7 President/Superintendent/ Sal yx Ch 'rman of the 8 Chairman/Manager Boar ors of the County of Fresno 9 Date: '�y Date: 62 02 3 10 ATTEST: 11 Bernice E. Seidel 12 Clerk of the Board of Supervisors County of Fresno, State of California 13 BY:_ 14 Deputy 15 16 17 18 19 20 REMIT TO: FUND NO: 0001 21 SUBCLASS NO: 10000 Biola Community Services District ORG NO: 7205 Attention: Cruz Ramos, District Manager 22 ACCOUNT NO: 7885 P.O. Box 57 PROJECT NO: N20031 Biola, CA 93606 23 ACTIVITY CODE: 7219 Telephone: (559) 843-2657 24 25 SW:JN G:\7205ComDev\—Agendas-Agreements\2023\0207 Amend I to Biola Sidewalk and Street Imps 20031 AGT.doex 26 November 29,2022 277 28 3