HomeMy WebLinkAbout09-13-2022 Prado Interchange Funding Agreement Amendment No. 1Attachment 2
AMENDMENT NO.1 TO HIGHWAY 101/PRADO ROAD INTERCHANGE FUNDING AGREEMENT
AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO
This Amendment No. 1 to the Agreement Between the County of San Luis Obispo and the City of
San Luis Obispo ("Amendment No. 1") is made this f3Nay of 2n1ber 2022 (the "Effective Date"),
by and between the County of San Luis Obispo ("County") and the City of San Luis Obispo ("City").
WHEREAS, on December 19, 2019, the County and the City entered into an agreement (the "Original
Agreement') wherein the County agreed to contribute $1,435,260 towards the construction of the
Highway 101/Prado Road interchange Overpass ("Project");
WHEREAS, the Original Agreement has a term of thirty months beginning September 19, 2019, with a 12
month extension for a total of 42 months;
WHEREAS, the City intends to initiate the Plans, Specifications and Estimates (PSE) and Right of Way (R/W)
phases of the Project on or about January 1, 2024, instead of May 1, 2020 as per the Original Agreement,
due to delays in the Project;
WHEREAS, the City has therefore requested an amendment to the Original Agreement to tie funding to
project phases, to accommodate any potential future project delays;
WHEREAS, the City finds that it is in its best interests to agree to extend the agreement to contribute to
the building of this infrastructure;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and County agree as follows:
1. Recitals. The above recitals are true and correct and incorporated herein by this reference.
2. Amendment to Original Agreement. Section 3 of the Original Agreement is hereby amended as
follows:
TERM OF AGREEMENT
The term of this Agreement shall automatically terminate upon the County's contribution
of its share of cost ($1,435,260) to the City. County funding is tied to Plans, Specifications
and Estimates (PSE) and right of Way (R/W) phases of the project, which the City currently
anticipates to begin in January 2024. If the City does not begin the PSE and R/W phases
of the project byJune 30, 2027, the County reserves the right to terminate this Agreement
and release the designated $1,435,260 back to the General Fund for the County's use,
following an opportunity for the City to meet and confer with the County and
consideration of a written request for extension by the City should such an extension
become necessary due to project contingencies.
Page 1 of 3
Amendment No. 1 to Highway 101/Prado Road Interchange Funding Agreement
3. Original Agreement. Except as amended in this Amendment No.1, all terms and conditions in the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.1 by their duly authorized
officers as of the Effective Date.
ATTEST
WADE HORTON
Ex-Officio Clerk of the Board of Supervisors
Deputy Clerk
APPROVED AS TO FORM AND LEGAL EFFECT
RITA L. NEAL
Count:
,1
By:_ - — -
Jon Antlbehere, Assistant County Counsel
Date: ,Augr 17, 2022
COUNTY OF SAN LUIS OBISPO
BY:
Bruce Gibson, Board Chair
AUTHORIZED BY BOARD ACTION
Page 2 of 3
2022
The undersigned Deputy Clerk of the Board of Supervisors
certifies that, pursuant to Section 25103 of the
Government C de, delivery of this document has been
made on &her VT. IDZ2
WADE HORTON
County Clerk of the Board and Ex-CMdo Clerk
of the Board of Supervisors
By,
Deputy Clerk
Amendment No. 1 to Highway 101/Prado Road Interchange Funding Agreement
CITY OF SAN LUIS OBISPO
00 SIP an�d W.
CDZ �
By. 7ssoB�F7zc�aFo...
Derek Johnson, City Manager
Date:8/17/2022 1 2:44 PM PDT
APPROVED AS TO FORM AND LEGAL EFFECT
J. CHRISTINE DIETRICK
City Attorney
C0oeu6lpocd ey: By..
J. Christine Dietrick, City Attorney
Date: 8/17/2022 1 1:52 PM PDT
Page 3 of 3