23-SW-MUR-1191
AMENDMENT NO. 1 TO TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM AGREEMENT
MURRIETA HOT SPRINGS ROAD IMPROVEMENTS
This Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 1”) is entered into this _____ day of _____, 20 25, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) an d the City of Murrieta (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “Party” and collectively as “Parties.”
RECITALS
A. WRCOG and AGENCY have entered in to an agreement titled “ Transportation Uniform Mitigation Fee Program Agreement” that is dat ed June 20, 2023 (“Agreement”). The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the construction of the Murrieta Hot Springs Road Improvements (hereinafter the “Project”) B. The Parties desire to amend the Agreement by increasing the funding amount pursuant to Sections 6 and 33 of the Agreement.
C. The purpose of this Amendment No. 1 is to increase the funding for the Project.
This amendment ensures that necessary funding, resources, and approvals are aligned to support the project's progression. It enables the coordination of stakeholders to advance infrastructure development efficiently and in compliance with regional transp ortation goals. Funds are being increased for this Project because new funding has become available.
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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 as amended by Amendment No. 1 is hereby increased by Three Hundred Fifty Thousand Dollars ($350,000) from Two Million, Seven Hundred Thousand Dollars ($2, 700,000.00) to an amount not to exceed Three Million, Fifty Thousand Dollars ($3,050,000).
2. The for egoing increase in the Funding Amount is within the Maximum TUMF Share.
3. Exhibits “A”, “A -1”, and “A -2” of the Agreement are hereby replaced in their entirety by Exhibits “A”, “A -1”, and “A-2” of this Amendment No. 1, which are attached hereto and incorporated by reference.
4. The above-stated Recitals are hereby fully incorporated into this Amendment No.
1. 5. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreemen t as amended shall remain in full force and effect between the Parties hereto.
6. Section 40 is hereby added to the Agreement to read as follows:
“40. Electronic Signatures. Each Party to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform 23-SW-MUR-1191
Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement as well as any amendments to this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are i ntended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this Section, a digital si gnature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.”
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IN WITNESS WHEREOF, the Parties have caused this Amendment No. 1 to be executed by their duly authorized representatives to be effective on the day and year first written above.
WESTERN RIVERSIDE COUNCIL CITY OF MURRIETA
OF GOVERNMENTS
By: ______________________________ By: ______________________________ Dr. Kurt Wilson Cindy Warren
Executive Director Mayor
Approved to Form: Approved to Form:
By: ______________________________ By: ______________________________ Steven C. DeBaun Tiffany Israel
General Counsel City Attorney
Attest:
By: ______________________________
Cristal McDonald
City Clerk
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Exhibit A
SCOPE OF SERVICES
SCOPE OF WORK: The Murrieta Hot Springs Road Improvement project, CIP 8079, consists of numerous improvements to Murrieta Hot Springs Road between Margarita Road and Winchester Road. The roadway will be widened from a four-lane roadway to a six-lane roadway between Via Princesa (East) and Winchester Road. Improvements include installation of asphalt concrete pavement, concrete curb and gutter, concrete sidewalk, raised landscaped medians, street lighting, signage and striping, storm drain, water quality devices, retaining walls, and a traffic signal at Calle Del Lago. The widening will also require the realignment of private driveways and a portion of Via Frontera Road within the Ridgegate Community as well as relocation of various existing utilities including electric, gas, water, sewer, and communications.
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EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $0 $850,000 $850,000
RIGHT OF WAY $347,000 $203,000 $550,000
CONSTRUCTION $2,703,000 $12,797,000 $15,500,000
TOTAL $3,050,000 $13,850,000 $16,900,000
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EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 12/2024 $850,000
RIGHT OF WAY 3/2024 $550,000
CONSTRUCTION 10/2026 $15,500,000
TOTAL $16,900,000