FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) is made and entered into as of this ___ day of ___________ 2024 amends the Agreement entered into between the CITY OF FRESNO, a municipal corporation (City or Owner), and Housing Authority of the City of Fresno, California, a body corporate and politic (Fresno Housing).
RECITALS
WHEREAS, the City and Fresno Housi ng entered into an Agreement, dated September 1, 2022 (Agreement), to provide repairs and prepare to serve as an interim low-barrier emergency homeless shelter; Valley Inn (Property) for the HomeKey program for a total fee of $2,651,648.00; and
WHEREAS, the City and Fresno Housing 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 $258,975.53 for a total fee of $2,910,623.53; and WHEREAS, the City and Fresno Housing desire to enter into this First Amendment to modify the Agreement; and
WHEREAS, with entry into this Amendment, Fresno Housing agrees that it has no claim, demands, or disputes against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The Agreement is amended to increase the budget by $258,975.53.
2. The Fresno Housing’s sole compensation for satisfactory performance of all services required or rendered pursuant to the Agreement shall be increased by $258,975.53 for a total fee not to exceed $2,910,623.53.
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 c onditions expressed within the Agreement.
Furthermore, any terms or conditions cont ained within the Agreement which purport to modify the allocation of risk between the pa rties, provided for within the body of this Amendment, shall be null and void.
4. Except as otherwise provided herein, the Agreement shall remain in full 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
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
HOUSING AUTHORITY OF THE CITY
AND COUNTY OF FRESNO,
a body corporate and politic
By:
Name: Tyron H Roderick Williams
Title: Chief Executive Officer
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)