HomeMy WebLinkAboutAgreement A-18-561-2 with City of Kerman.pdf1
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AMENDMENT II TO AGREEMENT
THIS AMENDMENT II TO AGREEMENT, (“Amendment II”), is made this ____ day of
______________, 2020 (“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, the City informed the County that the total estimated cost of the Project has
again increased from $592,404 to $1,219,683 due to increased construction costs; and
WHEREAS, the City has committed local funds to the Project in the amount of $521,676,
and is in need of an additional $131,963 in CDBG funding to complete the Project; and
WHEREAS, the City now has an additional $131,963 from its allocation of CDBG funds
that may be made available to the Project to accommodate the increased construction costs under
the Agreement; and
WHEREAS, the City has requested these additional CDBG funds in the amount of
$131,963 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 Amendment I, is further amended to read:
“WHEREAS, the City has estimated that total cost of the Project is $1,219,683, and the
4th
August
Agreement No. 18-561-220-0596
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City has committed local funds to the Project in the amount of $521,676, and is in need of $698,007
in CDBG funding to complete the Project; and
WHEREAS, the County can provide $698,007 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), and from the City’s remaining balance of CDBG funds ($59,623);
and”
2.The proposed Project budget on Page 2, Lines 21 through 23, as amended by
Amendment I, is further amended to read:
"Construction $ 917,439
Design & Construction Engineering 210,500
Contingency, Permits & Misc. 91,744
Total $1,219,683"
3.The proposed funding summary for the Project on Page 3, Lines 3 and 4, as
amended by Amendment I, is further amended to read:
"CDBG $ 698,007
Local Financial Contribution 521,676
Total $1,219,683"
4.That the dollar figure set forth on Page 2, Line 26, Page 3, Line 18, and Page 4,
Line 22, as amended by Amendment I, is further amended in each such place to read "$698,007".
County and City agree that this Amendment II is sufficient to further amend the
Agreement, and that upon execution of this Amendment II, the Agreement, Amendment I, and this
Amendment II 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 II as of the day and
2 year first hereinabove written.
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4 CITY OF KERMAN
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By:~-
Cit~
Date: --'p'~_,_✓._'2._-_'L-_o_ .... _~ ____ _
ATTEST:
~~----=::=-------=-+4------
APPROVED AS TO LEGAL FORM:
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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COUNTY OF FRESNO
€. ~~'1,~
Ernest BuddyMens, Chairman of the
Board of Supervisors of the
County of Fresno
Date: ~\L\-\'2.020
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By:d ~~-~
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:\7205 ComOev\-Agendas-Agreements\2020\0804_Amend II to Kerman Stanislaus Ave Park Oevelopmem i7371 AGT.docx June 2, 2020
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