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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 1 Lu uj _ �3 _rn N Lu W N � � O U 30' -i I 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. ''**. ■ ls * � r 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 SCASE V=