18-CN-MEN-1181
AMENDMENT NO. _4 TO TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM AGREEMENT
HOLLAND ROAD / I-215 OVERPASS
This Amendment No. 4 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 4”) is entered into this ______ day of _______________, 2025_, 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”), Amendment 1 that is dated 11/17/2021, Amendment 2 that is dated 10/19/2022 (“Amendments”), and Amendment 3 that is dated 1/17/2024. The Agreement and Amendments 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 Amendments 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:
18-CN-MEN-1181
1. The Funding Amount contained in Section 2 of the Agreement and additional funding amount in the Amendments is hereby increased by One Million Five Hundred Thousand Dollars ($1,500,000) for the construction phase of the project which includes the Holland Road segment from Antelope Road to Haun Road, for a total of Twelve Million Seven Hundred Fifty-Five Thousand Dollars ($12,755,000).
2. The Funding Amount is within the Maximum TUMF Share.
3. The change in scope for this project is amended to include acquisition of needed right-of-way.
4. 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. 4, which are attached hereto and incorporated by reference.
5. The above-stated Recitals are hereby fully incorporated into this Amendment No.
4. 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. 4 to be executed by their duly authorized representatives to be effective on the day and year first written above. 18-CN-MEN-1181
WESTERN RIVERSIDE COUNCIL CITY OF MENIFEE
OF GOVERNMENTS
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: ______________________________
Stephanie Roseen, City Clerk
18-CN-MEN-1181
Exhibit A
SCOPE OF SERVICES
1.SCOPE OF WORK: The Scope of Work as contained in the original agreement shall remain intact. The amounts included in table A-1 and A-2 are being increased as follows:
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 $12,755,000 $15,517,421 $28,272,421
TOTAL $12,755,000 $20,965,611 $33,720,611
18-CN-MEN-1181
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
20323.00004\7854268.2
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED October 2020 $ 800,000 Completed
PS&E February 2022 $ 1,538,190 Completed
RIGHT OF WAY October 2021 $ 3,110,000 Completed
CONSTRUCTION July 2024 $28,272,421 In Progress
TOTAL $33,720,611