HomeMy WebLinkAboutDamian, Juan J. - 1st Amendment to agreement dated 10.13.21- APN 471-052-02 - 10.24.23FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into
10 - Z4- 2,0 23 (Effective Date), amends the Agreement entered into by and
between the City of Fresno, a California municipal corporation (City), and Juan J. Damian,
(Owner).
RECITALS
A. WHEREAS, City and Owner entered into an Agreement, dated October 13, 2021
for a Temporary Construction Easement to facilitate the Butler and 8th Traffic
Signal/Orange and Lowe Traffic Signal Project (Project), situated in the City of
Fresno, County of Fresno, State of California, located on the northerly +/-194
square feet of Assessor's Parcel Number 471-052-02, being approximately
square feet in size, as described in Exhibit "A" attached hereto and incorporated
by reference, and;
B. WHEREAS, City and Owner desire to enter into this First Amendment to modify
the agreement to extend the contract term to October 13, 2026.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual promises herein contained, and for other good and
valuable consideration hereby acknowledged, the parties agree that the Agreement be
amended as follows:
1. The term of the Agreement shall be extended as follows: the Effective Date of
this Agreement shall commence upon its duly authorized execution by the City,
expiring October 13, 2026, or upon completion of construction, whichever occurs
first.
2. Except as expressly modified by this Amendment, the Agreement remains in full
force and effect. In the event of any conflict between the Agreement and this
Amendment, this Amendment shall control. Furthermore, any terms or conditions
expressed within the Agreement which purport to modify the allocation of risk
between the parties, provided for within the body of this Amendment, shall be null
and void.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed this Amendment on the day
and year set forth above.
CITY OF FRESNO, Juan J D mian
a California municipal corporation
ay.
an J. Damian Q e
By:
colt L. Mozier Date
Public Works Director
Addresses:
RECOMMENDED FOR APPROVAL:
OWNER:
{�, Juan J. Damian
Date 3759 E. Butler Avenue
Nancy �Bru
Supervising Real Estate Agent Fresno, CA 93702
PH: 773-517-0364
APPROVED AS TO FORM:
ANDREW JANZ CITY:
City Attorney City of Fresno
Capital Projects Department
By. Capital Administration Division,
Jennifer M. Wharton Date Real Estate Services
Deputy City Attorney 2600 Fresno Street
Fresno, CA 93721
ATTEST: PH: 559-621-8696
TODD STERMER, CMC
City Clerk
By - - 10 f 29za23
Deputes --- r�(314,,D�ite
Attachments: Exhibit "A"
2
EAST BUTLER AVENUE
SECTION LINE N 89°2759" W
NORTHWEST CORNER OF LOT 6
OF BLOCK 1 OF BUTLER
HOMESITES, BEING THE POINT OF
COMMENCEMENT
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N 89°2759" W
N 89°2759" W 19.00'
N 0°31'59" E 10.1
S 89°19'58" E 1
A PN 4 7 1-052-02
JUAN J. DAMIAN
INDICATES AREA TO BE DEDICATED AS A TEMPORARY
CONSTRUCTION EASEMENT, CONTAINING AN AREA OF 194 S F. t.
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REF.BREV. CITY OF FRESNO
2020-XXXTCE DEPARTMENT OF PUBLIC WORKS
15-A-9XXX AREA TO BE DEDICATED TEMPORARY
PLAT 2859 CONSTRUCTION EASEMENT PURPOSES_
0
PROJ. ID
PWO0903 RES TYPE
FUND NO
22056
ORG NO
189901
DR. SY
A C
SHEET NO. 1
CH. By
J A C
OF 1 SHEETS
DATE
SEPT 29.2021
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