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i,\ ~-" '::-c .', -- I j'?> ,-:- ~ ';, j"'/ . . SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT, is entered into on this 30 "l'trday of::r" n e , 2003, by and between Overland Resources, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Consultant Agreement A-2001-028, dated February 2, 2001, (hereinafter "said Agreement") by which Consultant has provided real estate consulting services including appraisal and right-of-way acquisition services. B. The term of said Agreement was extended by Amendment dated July, 15, 2002. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term said Agreement 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 Second Amendment to Consultant Agreement, the parties agree as follows: I. Paragraph 3, TERM, shall be amended to read as follows: "This Agreement shall commence on February 2, 2001 and terminate June 30, 2004, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney." IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. CIT;"FSA>71 ~ ES G. ROSS I ecutive Director of Public Works i CONSULT NT .~/ C?/t? ARMS G President APPROVED AS TO FORM: j(~~ ""fOSEPH W. FLE HER City Attorney