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. . 4- -.)003 -03<f'-()J FIRST AMENDMENT TO AGREEMENT TIns FIRST AMENDMENT TO AGREEMENT is entered into on --ID A-2W :3 J , 2004, by and between Overland, Pacific & Cutler, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation ofthe State of California ("City"). Recitals: A. The City and Overland Resources, Inc. entered into Agreement A-2003-038, dated March 3, 2003, (hereinafter "said Agreement") by which Consultant has provided right of way services to the City. B. On August 13,2003, Overland Resources, Inc. was purchased by Consultant, which assumed the rights, liabilities and obligations of Overland Resources, Inc. under said Agreement. C. In accordance with the terms and conditions of said Agreement, the parties wish to e~end the term for an additional one-year period. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: Pursuant to Section 3 of said Agreement, Consultant and City agree to extend the term of said Agreement for one year, beginning April I, 2004 and ending March 31, 2005. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ¿ 0L .. J6~ri~i~ ~LE~c{~ City Attorney CITY ~FSANT A ~ ~ JA ES G. ROSS E ecutive Director of Public Works APPROVED AS TO FORM: ',-" ~ CONSULTANT Overlan, 'fie & Cutler, Inc. BARRY McDANI Chief Executive Officer K:IWPDOCSIDOO4IPOOIIOOOl1653.DOC