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SECOND AMENDMENT TO AGREEMENT <br />THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered <br />into on October 21, 2009, by and between Lidgard and Associates, Inc., a California <br />corporation ("Consultant") and the City of Santa Ana, a charter city and municipal <br />corporation of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement A-2005-138, dated September 15, 2005, <br />(hereinafter "said Agreement") by which Consultant has provided right-of--way <br />appraisal services <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to <br />amend said Agreement to provide additional funds to allow Consultant to provide <br />additional services pursuant to said Agreement. <br />WHEREFORE, 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 parties agree as follows: <br />1. Section 2.a., COMPENSATION, shall be amended to increase compensation by <br />$200,000 for a total not to exceed amount of $400,000.00. <br />2. Except a herein amended, all terms and conditions of said Agreement shall remain in <br />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 />ATTEST: <br />PATRICIA E. HEALY <br />Clerk of the Council <br />CITY OF SANTA ANA <br />DAVID N. REAM <br />City Manager <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br />City Attorney <br />LIDGARD AND ASSOCIATES, INC. <br />SCOTT LIDGARD, President <br />2 5A-4 <br />