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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15i <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />WHEREAS, the City and the Agency desire to amend the Funding and <br />Construction Management Agreement to effectuate the foregoing. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, <br />CALIFORNIA, DOES DETERMINE, RESOLVE AND ORDER AS FOLLOWS: <br />Section 1. The recitals set forth above are true and correct. <br />Section 2. The City Council hereby approves Amendment No. 1 to the <br />Funding and Construction Management Agreement on file with the City Clerk. <br />Section 3. Section 5(d) of the Funding and Construction Management <br />Agreement is hereby amended in its entirety to read as follows: <br />"(d) In the event that any funds may remain in <br />the Special Fund on or after June 15, 2007, the <br />Agency shall instruct the fiscal agent to disburse <br />such funds to the order and account of the <br />Agency." <br />Section 4. Section 4 of the Funding and Construction Management <br />Agreement is hereby amended in its entirety to read as follows: <br />Section 5. Provided that the Agency has approved and executed <br />Amendment No. 1 to the Funding and Construction Management Agreement by a date not <br />later than June 15, 2007, the City Manager is hereby authorized and directed to execute <br />Amendment No. 1 on behalf of the Agency, together with such technical and conforming <br />changes to the text of Amendment No. 1 as may be recommended by the City Attorney so as <br />to conform the text to the specific public works construction and management responsibilities <br />3 <br />Public Works Plans <br />and Specifications <br />Mount <br />Mount Vernon <br />Completed and <br />Public Works <br />Vernon <br />Corridor <br />Public Works <br />Contract <br />Corridor <br />Construction <br />Project Bidding <br />Awarded by <br />Amended Contract <br />Project <br />Projects <br />Initiated by City <br />City <br />Completion <br />(i) <br />Mt. Vernon <br />Completed <br />Completed <br />September 1, 2004 <br />Streetscape <br />(ii) <br />Residential Curbs <br />Completed <br />January 20, <br />January 31, 2005 <br />and gutters <br />2004 <br />(iii) <br />Fairway St. <br />By September 1, <br />By November <br />January 31, 2005 <br />Widening <br />2004 <br />1, 2004 <br />(iv) <br />Colton Ave. Bike <br />By June 1, 2005 <br />By September <br />March 31, 2006 <br />Path <br />1, 2005 <br />(v) <br />Scenic Dr. <br />Completed <br />Completed <br />August 1, 2004 <br />Fencing <br />Section 5. Provided that the Agency has approved and executed <br />Amendment No. 1 to the Funding and Construction Management Agreement by a date not <br />later than June 15, 2007, the City Manager is hereby authorized and directed to execute <br />Amendment No. 1 on behalf of the Agency, together with such technical and conforming <br />changes to the text of Amendment No. 1 as may be recommended by the City Attorney so as <br />to conform the text to the specific public works construction and management responsibilities <br />3 <br />