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AGREEMENT NO. _______________
AMENDMENT NO. 1 TO AGREEMENT NO. 17-199
THIS AMENDMENT NO. 1 TO AGREEMENT NO.17-199 is made and entered into on _____________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and United Ventures Bakersfield, LLC, a limited liability company formally known as Bakerfield Lodging, LTD (referred to herein as “SELLER”).
R E C I T A L S
WHEREAS, CITY and SELLER entered into Agreement No. 17-199 (“Agreement”), on November 7, 2017, for CITY’s acquisition of certain real property for the 24
th Street Improvement Project (“Project”), for an amount not to exceed Forty-Seven Thousand One Hundred Dollars ($47,100.00); and
WHEREAS, the Agreement required CITY to restore SELLER’s landscaping and/or paving within the Temporary Co nstruction Easement (“TCE”) area to similar condition prior to the construction of Project; and
WHEREAS, the Project has been completed and, pursuant to its obligations set forth in the Agreement, CITY assisted the SELLER in obtaining a contractor to perform the restoration work on the property; and
WHEREAS, the cost of restoration work shall not exceed more than $180,000.00; and
WHEREAS, the parties now desire to enter into Amendment No. 1 to Agreement No. 17-199 for purposes of authorizing payment for the restoration work.
NOW, THEREFORE, incorporating the foregoing recitals herein, the parties hereto mutually agree as follows:
1. Section 12 of Agreement No. 17-199 titled “Construction Contract and Curative Work” is hereby amended to read as follows:
12. CONSTRUCTION CONTRACT AND CURATIVE WORK.
a. I t i s u n d e r s t o o d a n d a g r e e d b y a n d between the parties hereto in addition to
the compensation shown in Paragraph 2
herein above, the Buyer, its contractors or
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Seller’s contractor, shall perform the
following construction contract items at
the tie of the installation of the proposed
project;
i. Temporarily relocate the trash bin
if needed. Return the trash bin to
its original location after
completion of the construction.
ii. Upon completion of the
construction, Seller’s contractor is
responsible to restore any
landscaping and/or paving within
the TCE area to a similar condition
prior to construction project. CITY
is responsible for the costs of such
work in an amount not to exceed
$180,000.00.
All work performed under this Agreement
shall conform to all applicable building, fire
and sanitary laws, ordinances and
regulations relating to such work and shall
be completed in a good and workmanlike
manner. All structures, improvement or
other facilities, when removed, and
relocated or reconstructed by the Buyer,
shall be left in as good condition as found.
b. It is understood and agreed by and
between the parties hereto that the
compensation paid to Seller in Section 2
of this Agreement includes the value of
and cost to remove, relocate,
reconstruct, and/or refurbish the
following improvements located on the
Property.
i. Sprinkler System
ii. Landscaping Shrubs
iii. One Large Tree
iv. One Medium Tree
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APPROVED as to content:
PUBLIC WORKS DEPARTMENT
By:___________________________
ZACHARY MEYER
Public Works Director
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
B y :
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance:___________
COUNTERSIGNED:
By:_____________________________
RANDY MCKEEGAN
Finance Director