HomeMy WebLinkAboutDamian, Juan J. - 1st amendment to agreement dated 10.13.21 - APN 471-052-01 - 10.24.23FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into
D - 2L(- W Z3 (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 +/-806
square feet of Assessor's Parcel Number 471-052-01, being approximately
square feet in size, as depicted on 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]
1
IN WITNESS WHEREOF, the parties have executed this Amendment on the day
and year set forth above.
CITY OF FRESNO,
a California municipal corporation
By:
Scott L. Mozier Date
Public Works Director
RECOMMENDED FOR APPROVAL:
LL.lrt✓0O. z_ . Z3
Nancy Br n Date
Supervising Real Estate Agent
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: 5� � 3
Jennifer M. Wharton Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMG
City Clerk
Juan J. Damian
By: 6)� Z-3
an J. Damian Data
Addresses:
OWNER:
Juan J. Damian
3759 E. Butler Avenue
Fresno, CA 93702
CITY:
By: LO I --�, I2t2-3
Deputy l ,� "V, I bate
Attachments: Exhibit "A"
2
City of Fresno
Capital Projects Department
Capital Administration Division,
Real Estate Services
2600 Fresno Street
Fresno, CA 93721
PH: (559) 621-8696
EXHIBIT "A
EAST BUTLER AVENUE
SECTION LINE N 89°27'59" W i
NORTHWEST CORNER OF LOT 6
j OF BLOCK 1 OF BUTLER
HOMESITES, BEING THE POINT OF
COMMENCEMENT o
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N 89°2759" W
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N 89°2759" W 77.44' l
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S 45'2635" W 4 16' N 0'3 I'59" E 10 14 -
S 0"29'51" W
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5 85'
S 89?i9'58" E 75.72'
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N 0°38'05" E 0 99'
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APN 471-052-01
JUAN J DAMIAN
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INDICATES AREA TO BE DEDICATED AS A TEMPORARY
CONSTRUCTION
EASEMENT, CONTAINING AN AREA OF 805 91 S F s
NO. 8636
REF & RE".
CITY FRESNO
PROJ ID ?�� RES TYPE.
OF
FUND NO
2020-092TCE
DEPARTMENT OF PUBLIC WORKS
ORG. NO
OR BY -AC-
SHEET NO 1
15-A-9801
AREA TO BE DEDICATED TEMPORARY
cm vi• SAC
OF 1 SHEI=TS
PLAT 2859
CONSTRUCTION EASEMENT PURPOSES
DAlt MAY 10, 2021
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