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rkuGEED A-2003-258 Ui�l n.�URANCE EXPIRES CLERK OF COUNCIL DATE: /-(P-o,' THIRD AMENDMENT TO CONSULTANT AGREEMENT � Cf THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT "Third Amendment," made and entered into this 17th day of November, 2003, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City) and P&D Consultants, a California corporation (`Consultant'). RECITALS A. City and Consultant entered into Consultant Agreement A-] 999-129, dated August 2, 1999 whereby Consultant agreed to prepare an Environmental Impact Report (EIR) for the One Broadway Plaza Project (hereinafter " said Agreement.") The contract amount was $357,366.00. B. On February 2, 2001, the parties entered into an amendment for additional environmental services in response to changes in the project description and increasing the amount of compensation by $123,000.00 for a total contract amount of $480,366.00. C. On September 2, 2003, the Parties entered into a Second Amendment to said Agreement for Consultant to provide additional environmental services for the One Broadway Plaza project, including distribution of the Draft EIR and attendance at community meetings and public hearings, and to increase the amount of compensation by an additional $30,000.00 for a total contract amount of $510,366.00. D. The Parties now desire to enter into a Third Amendment to said Agreement to pay for costs associated with the Final Environmental Impact Report for the One Broadway Plaza project, and increase the compensation by an additional $42,485.00 for a total contract amount of $552,851.00. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions of the Agreement, as amended, the parties hereby agree as follows: 1. Exhibit A-2 attached to this Third Amendment shall be included in the Scope of Services. Section 1 of the Amendment is amended to read as follows: "Consultant shall perform those services as set forth in Exhibit A, Exhibit A -land Exhibit A-2 to this Agreement. The Scope of Services of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building, the City Attorney, and Consultant to include additional studies as needed." 2. Section 2(a) of the Agreement is amended to read as follows: "City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, A-1 and A-2. The total sum to be expended under this Agreement shall not exceed $552,851.00 during the term of this Agreement."