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AMENDMENT NO. l TO THE <br />CONTRACT MANAGEMENT AGREEMENT <br />This AMENDMENT NO. 1 to the Contract Management Agreement <br />by and between the City of Colton, a public body, corporate and <br />politic (the "City") and Steward & Associates, a California <br />corporation (the "Contract Manager"), is entered into as of this <br />day of , 1994, and shall be effective as <br />of the date hereof. <br />The Contract Management Agreement is hereby amended as <br />follows: <br />1. <br />ollows:1. Page 1, Section 3, shall be amended to read as follows: <br />3. Financing of Project. The Project shall be <br />financed by the City through the sale and delivery of its <br />Certificates of Participation ("COP's") or by any legal <br />means designated by the City relating to the 'Project. <br />This Agreement and the City's obligations hereunder are <br />contingent upon the successful sale and delivery of said <br />COP's. <br />2. Page 2, second paragraph of Section 4, shall be amended to <br />read as follows <br />The City shall pay an initial amount equal to <br />$150,000 (less amounts previously remitted by the City to <br />the Contract Manager) on or before seven (7) business <br />days from and after the date of this Agreement. Any <br />portion of such initial payment used and applied by the <br />Contract Manager for the payment of Project costs shall <br />be reimbursed to the Contract Manager from the proceeds <br />of the COP's legally available funds of the City upon <br />submittal of appropriate invoices and verification of <br />payment by the Contract Manager. Upon issuance of the <br />COP's Commencing on February 1, 1994, and on or before <br />the first business day of each month thereafter, the City <br />shall remit a monthly payment of $10,000 per month for a <br />total of ten (10j such payments. The City may: consider <br />advances previously remitted to the Contract Manager for <br />payment by the Contract Manager of architectural, <br />engineering and similar project costs for which <br />appropriate invoices were not presented to the City as <br />payment by the City, in whole or in part, of one (1) or <br />more such monthly payments. The remainder of any amounts <br />payable to the Contract Manager for compensation pursuant <br />to' this Section 4 shall be paid only upon final <br />acceptance of the Project by the City. pursuant to the <br />terms of the financing documents for the issuance of the <br />COP's. <br />-1- <br />4 <br />AMENDMENT NO. l TO THE <br />CONTRACT MANAGEMENT AGREEMENT <br />This AMENDMENT NO. 1 to the Contract Management Agreement <br />by and between the City of Colton, a public body, corporate and <br />politic (the "City") and Steward & Associates, a California <br />corporation (the "Contract Manager"), is entered into as of this <br />day of , 1994, and shall be effective as <br />of the date hereof. <br />The Contract Management Agreement is hereby amended as <br />follows: <br />1. <br />ollows:1. Page 1, Section 3, shall be amended to read as follows: <br />3. Financing of Project. The Project shall be <br />financed by the City through the sale and delivery of its <br />Certificates of Participation ("COP's") or by any legal <br />means designated by the City relating to the 'Project. <br />This Agreement and the City's obligations hereunder are <br />contingent upon the successful sale and delivery of said <br />COP's. <br />2. Page 2, second paragraph of Section 4, shall be amended to <br />read as follows <br />The City shall pay an initial amount equal to <br />$150,000 (less amounts previously remitted by the City to <br />the Contract Manager) on or before seven (7) business <br />days from and after the date of this Agreement. Any <br />portion of such initial payment used and applied by the <br />Contract Manager for the payment of Project costs shall <br />be reimbursed to the Contract Manager from the proceeds <br />of the COP's legally available funds of the City upon <br />submittal of appropriate invoices and verification of <br />payment by the Contract Manager. Upon issuance of the <br />COP's Commencing on February 1, 1994, and on or before <br />the first business day of each month thereafter, the City <br />shall remit a monthly payment of $10,000 per month for a <br />total of ten (10j such payments. The City may: consider <br />advances previously remitted to the Contract Manager for <br />payment by the Contract Manager of architectural, <br />engineering and similar project costs for which <br />appropriate invoices were not presented to the City as <br />payment by the City, in whole or in part, of one (1) or <br />more such monthly payments. The remainder of any amounts <br />payable to the Contract Manager for compensation pursuant <br />to' this Section 4 shall be paid only upon final <br />acceptance of the Project by the City. pursuant to the <br />terms of the financing documents for the issuance of the <br />COP's. <br />-1- <br />