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A-2000-043-01
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AMENDMENT NO. 1
AGREEMENT NO. C-6-o069
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
THIS AMENDMENT NO. 1 is made and entered into this / /-fA- day of {)C,-Ibb~r
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8 2006, by and between the Orange County Transportation Authority ("AUTHORITY"), and the City of
9 Santa Ana ("CITY').
10 WITNESSETH:
11 WHEREAS, by Agreement No. C-6-0069 dated June 12, 2006, AUTHORITY and CITY entered
12 into a cooperative agreement for the Bristol Street Widening Project; and
13 WHEREAS, CITY has requested and AUTHORITY has agreed to revise ARTICLE 8.
14 PAYMENT, paragraph A, with no increase in the AUTHORITY'S maximum obligation;
15 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
16 Agreement No. C-6-0069 is hereby amended in the following particulars only:
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Amend ARTICLE 8. PAYMENT, pages 7and 8 of 26, to delete paragraph A in its
18 entirety and in lieu thereof insert the following:
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"A.
Direct Wire Transfer- The AUTHORITY and CITY agree that the CITY may prepare and
20 submit to AUTHORITY a request for payment for right-of-way acquisition costs required for PHASES I,
21 II, III, and IV of the project in the form of a request for wire transfer as individual properties are acquired
22 via specific escrow companies and accounts. Said request for payment shall be on a mutually agreed
23 form. Within ten (10) business days of CITY's above written request and Proper Escrow Documentation
24 via the applicable escrow company, AUTHORITY shall wire-transfer specific funds requested for each
25 acquisition directly into the pertaining escrow account. This transfer may be performed for one or a
26 number of acquisitions of parcels. In no circumstance shall the escrow account be part of any spending
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l:\Camm\Susan HoIt\Amendments\C-6-0069 Bristol Street Widening\am60069Amendment1.doc
AMENDMENT NO. 1 TO
AGREEMENT NO. C-6-D069
1 or revenue base of CITY. CITY is required to account for all escrow account activity by submitting
2 monthly statements to AUTHORITY. All other costs incurred by the CITY for PROJECT shall be paid
3 pursuant to the terms of this Agreement and shall be based on actual labor and expenses incurred for
4 the PROJECT."
5 The balance of Agreement No. C-6-0069 remains unchanged.
6 This Amendment NO.1 shall be made effective July 1, 2006.
7 IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.1 to Agreement No.
8 C-6-0069 to be executed on the date first above written.
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CITY OF SANTA ANA
By a~/2.
David N. Ream
City Manager
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ATTEST:
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Patricia E. Healy
Clerk of the Council
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ORANGE COUNTY TRANSPORTATION AUTHORITY
By ~~<~
Virgin; badessa, Manager - Contract
Administration and Materials Management
APPROVED AS TO FORM:
By
Ke ard R. Smart, Jr.
General Counsel
L:\Camm\Susan Holt\Amendments\C~6-0069 Bristol Street Widening\am60069Amendment1.doc
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