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it2 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <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 />RESOLUTION NO. R-40-07 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />COLTON, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO <br />MT. VERNON CORRIDOR PUBLIC WORKS PROJECTS <br />FUNDING AND CONSTRUCTION MANAGEMENT <br />AGREEMENT <br />WHEREAS, the City of Colton, a <br />municipal <br />corporation (the "City") and <br />the <br />Redevelopment Agency for the City of Colton, <br />a public <br />body corporate and politic <br />(the <br />"Agency") previously entered into that certain Mt. Vernon Corridor Public Works Projects <br />Funding and Construction Management Agreement dated as of June 4, 2002 and Amendment <br />No.1 to Mt. Vernon Corridor Public Works Projects Funding and Construction Management <br />Agreement (the "Funding and Construction Management Agreement') pursuant to which the <br />Agency agreed (i) to withdraw certain funds in an aggregate amount of $2,349,697 from the <br />"Mt. Vernon Bond Account" established in connection with the issuance by the Colton Public <br />Financing Authority of certain tax allocation bonds and (ii) to deposit such funds in the "Mt. <br />Vernon Projects Special Fund" established pursuant to the Funding and Construction <br />Management Agreement (the "Special Fund"), for the purpose of paying for the cost of the <br />installation and construction of certain public work improvement projects situated in or of <br />benefit to the Santa Ana Redevelopment Project Area and described in Section 2 of the <br />Funding and Construction Management Agreement; and <br />WHEREAS, Section 4 of the original Funding and Construction Management <br />Agreement, provided for completion of the Fairway Street Widening project by January 31, <br />1 2003; and <br />1 31, 2003; and <br />WHEREAS, the Fairway Street Widening project was not completed by January <br />1 <br />