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<br />. <br /> <br />. <br /> <br />A--~3 -o<!O-o / <br /> <br />FIRST AMENDMENT TO AGREEMENT <br /> <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on <br />¡1J A 2.vH ~ 1-, 2004, by and between Overland, Pacific & Cutler, Inc., a <br />California corporation ("Consultant") and the City of Santa Ana, a charter city and <br />municipal corporation of the State of California ("City"). <br /> <br />Recitals: <br /> <br />A. The City and Cutler & Associates, Inc. entered into Agreement A-2003-040, dated <br />March 3, 2003, (hereinafter "said Agreement") by which Consultant has provided <br />right of way services to the City. <br /> <br />B. On August 13, 2003, Overland Resources, Inc. was purchased by Consultant, which <br />assumed the rights, liabilities and obligations of Cutler & Associates, Inc. under said <br />Agreement. <br /> <br />C. In accordance with the terms and conditions of said Agreement, the parties wish to <br />extend the term for an additional one-year period. <br /> <br />Wherefore, in consideration of the covenants contained in said Agreement, and subject <br />to all the terms and conditions of said Agreement, except those amended in this First <br />Amendment to Consultant Agreement, the parties agree as follows: <br /> <br />Pursuant to Section 3 of said Agreement, Consultant and City agree to extend the term of <br />said Agreement for one year, beginning April I, 2004 and ending March 31, 2005. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to <br />Consultant Agreement on the date and year first written above. <br /> <br /> <br /> <br />BARRY McDA IEL <br />Chief Executive Officer <br /> <br />APPROVED AS TO FORM: <br /> <br />K:IWPDOCSIDOO4IPOOIIOOOI1655.DOC <br />