FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ___ day of ___________ 2023; amends the Agreement entered into between the CITY OF FRESNO, a municipal corporation (City or Owner), and RH Community Builders LP, a California Limited Partnership (RH Community Builders).
RECITALS
WHEREAS, the C ity and RH Community Builders entered into an Agreement, dated August 18, 2022 (Agreement), to provide professional repaired and prepared to serve as an interim low-barrier emergency homeless shelter; Villa Motel (Property) for the HomeKey program for a total fee of $4,702,108.00; and
WHEREAS, the City and RH Community Builders have agreed to increase the budget for the repairs, maintenance and to serve as an interim low -barrier emergency homeless shelter to the Property by $450,000.00 for a total fee is $5,152,108.00; and WHEREAS, the City a nd RH Community Builders desire to enter i nto this F irst Amendment to modify the Agreement; and
WHEREAS, with entry into this Amendment, RH Community Builders agrees that it has no claim, demands, or disputes against the City.
AGREEMENT
NOW, T HEREFORE, t he parties a gree that t he Agreement be am ended as follows:
1. T
he Agreement is amended to increase the budget by $450,000.00.
2. The RH Community Builders' sole compensation for satisfactory performance of all services required or rendered pursuant to the Agreement shall be increased by $450,000.00 for a total fee not to exceed $5,152,108.00.
3. In the event of any conflict between the body of this Amendment and the Agreement, the terms, and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Agreement.
Furthermore, any terms or conditions contained withing 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.
4. Except as otherwise provided herein, the Agreement shall remain in f ull force and effect.
[
Signatures follow on the next page.]
IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day, and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
RH COMMUNITY BUILDERS LP,
a California Limited Partnership
By:
Name: Wayne Rutledge
Title: CEO
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name: Brad Hardie
Title: President
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)
Attachments:
1. Exhibit A – Agreement
02/06/2023