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INSVRAA'nr t! ON FILE <br />WOR' ' ' ' PROCEn <br />CLL-RK OF COUNCIL <br />nATE: 2-2'o 61 <br />SECOND AMENDMENT TO AGREEMENT <br />C', 2 O kl, THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered <br />(o ? S into on November 17, 2008, by and between Overland, Pacific & Cutler, Inc., a <br />p? M reLA i California corporation ("Consultant') and the City of Santa Ana, a charter city and <br />municipal corporation of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement A-2005-102, dated May 16, 2005, (hereinafter <br />"said Agreement") by which Consultant has provided right-of-way services, including <br />project management, appraisal and acquisition. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to <br />amend said Agreement to provide additional compensation to allow for the <br />continuation of services. <br />NOW THEREFORE., in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Second Amendment to Consultant Agreement, the patties agree as follows: <br />1. Section 2.a., COMPENSATION, shall be amended to increase compensation by <br />$300,000 for a total not to exceed amount of $650,000. Commencing upon execution of <br />this Second Amendment, Consultant's fee schedule shall be amended as set forth in <br />Exhibit B- I, attached hereto. <br />2. Except as hereinabove modified, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to <br />Consultant Agreement on the date and year first written above. <br />CITY OF SANTA ANA <br />C ' <br />PATRICIA E. HEALY DAVIDN. RE <br />Clerk of the Council City Manager <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher <br />City Attorney <br />By: Lif L G ?uj <br />Lama Shecdy / <br />Assistant City Attorney <br />OVERLAND, PACIFIC & <br />CUTLER, I\NC. <br />t <br />BARRY CDA TRL, CEO <br />A-2008-310