HomeMy WebLinkAboutDamian, Angel and Aurora Valdez - 1st Amendment to Agreement dated 11.10.21 - 10.24.23FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into
ii- 2-4- W2 (Effective Date), amends the Agreement entered into by and
between the City of Fresno, a California municipal corporation (City), and Angel Damian
and Aurora Valdez Damian (Owner).
RECITALS
A. WHEREAS, City and Owner entered into an Agreement, dated November 10,
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 +/-
23 square feet of Assessor's Parcel Number 470-273-22, as described in Exhibit
"A" and depicted in Exhibit "B," 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 November 10, 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 November 10, 2026, or upon the 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, Angel Damian and Aurora Valdez
a California municipal corporation Damian
3 y: _� Y/a3 By: f� c-
Scott L. Mozier bate Angel Damian Date
Public Works Director '
By: 424"_� _ {. .
RECOMMENDED FOR APPROVAL: Aurora Valdez Damia Da e �
0c,V-4-4
3 - (,{ �,c7 [ (�. 2-Y Z 3 Addresses:
Nancy B r�6Date
Supervising Real Estate Agent
OWNER:
Angel Damian and Aurora Valdez
APPROVED AS TO FORM: Damian
ANDREW JANZ clo 3759 E_ Butler Avenue
Cite Attorney Fresno, CA 93702
By: %o1aVa3
Jennifer ?A. Wharton Date CITY:
(deputy City Attorney
ATTEST:
T ODD STERMER, CMC
E-ity Cleric
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At+achrnents: Exhibit "A" and "B"
City
of Fresno
Capital Projects Department
Capital Administration Division,
Real Estate Services
2600 Fresno Street
Fresno, CA 93721
Ply: (559) 621-8696