HomeMy WebLinkAboutContracts & Agreements_175-2002FIRST AMENDMENT TO SEWER MAIN RELOCATION AGREEMENT
This First Amendment to the Center Trunk Sewer Main Relocation Agreement ("First
Amended Agreement") is made and entered into on this 15th day of October, 2002, by and
between the City of Redlands, a municipal corporation ("City"), and Redlands Joint Venture
LLC ("RJV") relating to the relocation and increase in the size and capacity of the City's Center
Trunk Sewer Main.
WHEREAS, on February 2, 2001, the City, RJV and the County of San Bernardino (the
"County") entered into a settlement agreement which, among other things, established a
procedure for the possible relocation of the City's Center Trunk Sewer Main traversing RJV's
property; and
WHEREAS, on May 7, 2002, the City and RJV entered into an agreement relating to the
relocation and increase in the size and capacity of the City's Center Trunk Sewer Main; and
WHEREAS, on September 11, 2002, RJV informed the City that it would like to expand
the scope of work for the City's Center Trunk Sewer Main to include the addition of one manhole
and one hundred and twenty feet of additional pipeline in order to alleviate an unanticipated
constriction in the City's existing sewer pipe on San Bernardino Avenue, east of Alabama; and
WHEREAS, RJV estimated the additional cost for constructing these improvements at
the sum of $60,000; and
WHEREAS, RJV has agreed to pay approximately one-half of the estimated cost for the
expanded scope of improvements with the understandinlil, that the City will be responsible for
paying the other one-half of such costs; and
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WHEREAS, RJV has requested an amendment to its May 7, 2002 agreement with the
City to reflect the additional costs and expanded scope of work, and
WHERE -AS, THE City is agreeable to an expanded scope of work on the payment terms
and conditions stated herein.
t. tOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Redlands Joint Venture LLC agree as follows:
Fi"M AMFM)MENT to Sewer Main Relocation -Citrus Plan
Section 1. The foregoing recitals are true and correct and are incorporated herein as part
In —
of this First Amended Agreement.
Section 2. Section 7 of the City's May 7, 2002 agreement with RJV relating to the
relocation of the Center Trunk Sewer Main shall be amended to read as follows:
"City shall pay RJV the sum of One Hundred Four Thousand Five Hundred Thirty
Eight Dollars upon completion of the sewer line installation and acceptance by the
City, County and State of California Department of Transportation, Caltrans."
Section 3. All other terms and conditions of the May 7, 2002 agreement shall remain in
effect and unaltered by this First Amended Agreement, and shall be expressly applicable to the
expanded scope of work and payment described in this First Amended Agreement."
In witness whereof the parties have executed this Agreement as of the dates indicated
below.
CITY OF REDLANDS
Mayor
ATTEST:
City,61erk ofthe pity of Redlands
Federal I.D. # 95-4620326
Fir N I first Tto Sewer Main Relocation-Cimus Plaza
REDLANDS JOINT VENTURE, LLC,
a California limited liability company
by: Majestic Realty Co., a California
corporation, Its Manager
B
Edward P. Roski, Jr., President
By: Curci-Turner Company, LLC, a
California limited liability company, Its
Manager
By:
J'Ari/,f urci, Its Manager
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