18-CN-MEN-1181
AMENDMENT NO. 2TO TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM AGREEMENT
HOLLAND ROAD / I-215 OVERPASS
This Amendment No. 2 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 2”) is entered into this ______ day of _______________, 2022, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and the City of Menifee (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “Party” and collectively as “Parties.”
RECITALS
A. WRCOG and AGENCY have entered into an agreement numbered 18-CN-MEN- 1181 titled “Transportation Uniform Mitigation Fee Program Agreement” that is dated 3/30/2020 (“Agreement”) and as well as Amendment No. 1 to the Agreement (“Amendment No. 1”) that is dated 11/17/2021. The Agreement and Amendment No. 1 provide the terms and conditions, scope of work, schedule and funding amount for the CON (construction) Phase of the Holland Road / I-215 Overpass (hereinafter the “Project”).
B. The Parties desire to amend the Agreement and Amendment No. 1 by increasing the original construction funding amount pursuant to Sections 6 and 33 of the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:
1. The Funding Amount contained in Section 2 of the Agreement and additional DocuSign Envelope ID: 5B352038-3EC4-49B2-96C0-E835C59A0D34 DocuSign Envelope ID: C4768FBC-D4C6-4F81-B703-11494F513D27 19th October
18-CN-MEN-1181
funding amount in Amendment No. 1 is hereby increased by Two Million Dollars (2,000,000) from Eight Million Two Hundred Fifty -Five Thousand Dollars ($8,255,000) for the construction phase of the project which includes the Holland Road segment from Antelope Road to Haun Road, for a total amount of Ten Million Two Hundred Fifty-Five Thousand Dollars ($10,255,000).
2. The foregoing increase in the Funding Amount is within the Maximum TUMF Share.
3. Exhibits “A-1” and “A-2” of the Agreement are hereby replaced in their entirety by Exhibits “A -1” and “A -2” of this Amendment No. __ 2_ , which are attached hereto and incorporated by reference.
5. The above-stated Recitals are hereby fully incorporated into this Amendment No. _2_ .
6. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect between the Parties hereto.
IN WITNESS WHEREOF, the Parties have caused this Amendment No. _2_ to be executed by their duly authorized representatives to be effective on the day and year first written above.
WESTERN RIVERSIDE COUNCIL CITY OF MENIFEE
OF GOVERNMENTS
DocuSign Envelope ID: 5B352038-3EC4-49B2-96C0-E835C59A0D34 DocuSign Envelope ID: C4768FBC-D4C6-4F81-B703-11494F513D27 18-CN-MEN-1181
By: ______________________________ By: ______________________________ Dr Kurt Wilson, Armando Villa, City Manager
Executive Director
Approved to Form: Approved to Form:
By: ______________________________ By: ______________________________ Steven C. DeBaun Jeffrey T. Melching, City Attorney General Counsel
Attest:
By: ______________________________
Sarah Manwaring, City Clerk
DocuSign Envelope ID: 5B352038-3EC4-49B2-96C0-E835C59A0D34 DocuSign Envelope ID: C4768FBC-D4C6-4F81-B703-11494F513D27
18-CN-MEN-1181
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $ 800,000 $ 800,000
PS&E $ 1,538,190 $ 1,538,190
RIGHT OF WAY $3,110,000 $ 3,110,000
CONSTRUCTION $10,255,000 $15,517,421 $25,772,421
TOTAL $10,255,000 $20,965,611 $31,220,611
DocuSign Envelope ID: 5B352038-3EC4-49B2-96C0-E835C59A0D34 DocuSign Envelope ID: C4768FBC-D4C6-4F81-B703-11494F513D27 18-CN-MEN-1181
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED October 2020 $ 800,000 Completed
PS&E February 2022 $ 1,538,190 In Process
RIGHT OF WAY October 2021 $ 3,110,000 In Process
CONSTRUCTION August 2022 $25,772,421
TOTAL $31,220,611
DocuSign Envelope ID: 5B352038-3EC4-49B2-96C0-E835C59A0D34 DocuSign Envelope ID: C4768FBC-D4C6-4F81-B703-11494F513D27