2022/10/19 Western Riverside Council of Governments (WRCOG) AMENDMENT NO. 2 TO TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT - HOLLAND ROAD/ I-215 OVERPASS 18-CN-MEN-1181
AMENDMENT NO. 2TO TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM AGREEMENT
HOLLAND ROAD / I-215 OVERPASS
This Amendment No. 2 to Transportation Uniform Mitigation Fee Program Agreement
(“Amendment No. 2”) is entered into this ______ day of _______________, 2022, by and between
the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and the City of
Menifee (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as
“Party” and collectively as “Parties.”
RECITALS
A. WRCOG and AGENCY have entered into an agreement numbered 18-CN-MEN-
1181 titled “Transportation Uniform Mitigation Fee Program Agreement” that is dated 3/30/2020
(“Agreement”) and as well as Amendment No. 1 to the Agreement (“Amendment No. 1”) that is
dated 11/17/2021. The Agreement and Amendment No. 1 provide the terms and conditions, scope
of work, schedule and funding amount for the CON (construction) Phase of the Holland Road /
I-215 Overpass (hereinafter the “Project”).
B. The Parties desire to amend the Agreement and Amendment No. 1 by increasing
the original construction funding amount pursuant to Sections 6 and 33 of the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the Parties hereby agree as follows:
1. The Funding Amount contained in Section 2 of the Agreement and additional
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19th October
18-CN-MEN-1181
funding amount in Amendment No. 1 is hereby increased by Two Million Dollars (2,000,000)
from Eight Million Two Hundred Fifty-Five Thousand Dollars ($8,255,000) for the construction
phase of the project which includes the Holland Road segment from Antelope Road to Haun Road ,
for a total amount of Ten Million Two Hundred Fifty-Five Thousand Dollars ($10,255,000).
2. The foregoing increase in the Funding Amount is within the Maximum TUMF
Share.
3. Exhibits “A-1” and “A-2” of the Agreement are hereby replaced in their entirety by
Exhibits “A-1” and “A-2” of this Amendment No. __2_ , which are attached hereto and
incorporated by reference.
5. The above-stated Recitals are hereby fully incorporated into this Amendment No.
_2_ .
6. Except to the extent specifically modified or amended hereunder, all of the terms,
covenants and conditions of the Agreement shall remain in full force and effect between the Parties
hereto.
IN WITNESS WHEREOF, the Parties have caused this Amendment No. _2_ to be
executed by their duly authorized representatives to be effective on the day and year first written
above.
WESTERN RIVERSIDE COUNCIL CITY OF MENIFEE
OF GOVERNMENTS
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18-CN-MEN-1181
By: ______________________________ By: ______________________________
Dr Kurt Wilson, Armando Villa, City Manager
Executive Director
Approved to Form: Approved to Form:
By: ______________________________ By: ______________________________
Steven C. DeBaun Jeffrey T. Melching, City Attorney
General Counsel
Attest:
By: ______________________________
Sarah Manwaring, City Clerk
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18-CN-MEN-1181
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $ 800,000 $ 800,000
PS&E $ 1,538,190 $ 1,538,190
RIGHT OF WAY $3,110,000 $ 3,110,000
CONSTRUCTION $10,255,000 $15,517,421 $25,772,421
TOTAL $10,255,000 $20,965,611 $31,220,611
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EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED October 2020 $ 800,000 Completed
PS&E February 2022 $ 1,538,190 In Process
RIGHT OF WAY October 2021 $ 3,110,000 In Process
CONSTRUCTION August 2022 $25,772,421
TOTAL $31,220,611
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