FIRST AMENDMENT TO THE COOPERATIVE
MAINTENANCE AGREEMENT WITH THE CITY OF SANTA MONICA
FOR 2.9 MILES OF MARVIN BRAUDE BIKE TRAIL
This AMENDMENT (hereinafter referred to as Amendment 1) to the Cooperative Maintenance Agreement for sweeping and sand removal services is made and entered into by and between the City of Santa Monica, a municipal corporation and charter city in Los Angeles County (hereinafter referred to as CITY) and the County of Los Angeles, a political subdivision of the State of California (hereinafter referred to as COUNTY):
RECITALS:
WHEREAS, on September 15, 2016, COUNTY entered into the Cooperative Agreement (hereinafter referred to as AGREEMENT) with the CITY for the CITY to maintain 2.9 miles of the Marvin Braude Bike Trail along the City's beach frontage for a 10-year period; and
WHEREAS, the Director of Public Works or his designee received delegated authority to extend the term of the AGREEMENT up to a period of ten (10) years and approve and execute amendments to the AGREEMENT to incorporate necessary nonmaterial changes to the AGREEMENT; and
WHEREAS, COUNTY pays maintenance budget funds to CITY for each fiscal year within thirty (30) calendar days of receipt of CITY's invoice; and WHEREAS, in accordance with Paragraph 3(e) of the AGREEMENT, the COUNTY received a written request from the CITY to extend the term of the AGREEMENT for a second (10) year term; and
WHEREAS, in accordance with Paragraph 3(e) of the AGREEMENT, the CITY and COUNTY wish to extend the term of the AGREEMENT for another ten (10) year term with mutual consent, beginning September 16, 2026; and
NOW, THEREFORE, in consideration of the mutual benefit to be derived by both CITY and COUNTY and the promises herein contained, the AGREEMENT is hereby amended as follows:
1. The term of this agreement is hereby extended, commencing on September 16, 2026, and continuing for ten (10) years until September 16, 2036.
2. Remaining Terms Unaffected. Except as specifically modified by this Amendment 1, the terms of the AGREEMENT including the exhibits, shall remain unchanged and the parties hereby ratify and confirm that the AGREEMENT as amended by this Amendment 1, shall remain in full force and effect.
2.3. Execution in Counterparts. This First Amendment may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single document. Any signature to this First Amendment transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
IN WITNESS WHEREOF, the CITY and COUNTY have executed this AMENDMENT as of the day and year last written below.
CITY OF SANTA MONICA
By
City Manager
Date
ATTEST
By
City Clerk
APPROVED AS TO FORM
By
City Attorney
COUNTY OF LOS ANGELES
By
Deputy Director
Date
APPROVED AS TO FORM
Dawyn R. Harrison
County Counsel
By Miguel A. Dager
Deputy County Counsel
Date