AMENDMENT NO. 1 TO
THE CONSTRUCTION AGREEMENT
WITH HUR FLOORING CO./HUR FLOORING CORPORATION
(RUDY HERNANDEZ GYM FLOORING REPLACEMENT PROJECT)
This Amendment No. 1 to the Construction Agreement is made and en tered into as of this 7th day of May 2025 (“Effective Date”) , by and between the City of San Bernardino, a California charter city and municipal corporation (“City”) and HUR Flooring Co./HUR Flooring Corporation . (“Contractor”). City and Contractor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, City and Contractor entered into a Construction Agreement, dated June 5, 2024, for the purpose of providing construction services for the Rudy Hernandez Gym Flooring Replacement Project (the “Master Agreement”); and B. WHEREAS, the Parties now desire to amend the Master Agreement to reflect a change in Contractor's name to HUR Flooring Corp oration, in the Master Agreement and all related documents.
TERMS
1. Change to Entity Name. Any and all references to the terms “HUR Flooring Co.” or “Contractor” in the Master Agreement shall hereby be changed to refer to “HUR Corporation” or “HUR Corp.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
3. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
5. Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO
THE CONSTRUCTION AGREEMENT
WITH HUR FLOORING CO./HUR FLOORING CORPORATION
(RUDY HERNANDEZ GYM FLOORING REPLACEMENT PROJECT)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Bill Gallardo
Interim City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONTRACTOR
HUR FLOORING CO ./HUR FLOORING
CORPORATION
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