OVERLAND, PACIFIC & CUTLER 5a -2006

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INSURANCE ON FE' WORK MAY PROCEED A-2006-044 U/NT_IL INSURANCE EXPIRES lll_ /? l?le .. CLERK OF DATE 5-1-0 1-0 (Io FIRST AMENDMENT TO AGREEMENT o-1 THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into ? r w 6,I) on March 6, 2006, by and between Overland, Pacific & Cutler, 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 Agreement A-2005-102, dated May 16, 2005, (hereinafter "said Agreement") by which Consultant has provided right-of-way services, including project management, appraisal and acquisition. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to provide additional compensation for additional services provided by Consultant and to extend the term of said Agreement. 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: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation by $200,000 for a total not to exceed amount of $350,000.00. 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on May 16, 2005 and terminate upon expenditure of available funds, unless terminated earlier in accordance with Section 12, below." IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTEST: / PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: krJOSEPH W.FLETCHER City Attorney CITY OF SANTA ANA 4/-4- t-&DAVIDN/REAM City Manager OVERLAND INC. Y