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compi-VrE <br />1NSURANUE LVOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATEa —6 <br />COA G) aw <br />N-2017-141-02 <br />THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this -:20 — day of <br />December, 2017, by and between Kosmont & Associates, Inc. (dba Kosmont Companies), a <br />California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation, organized and existing under the Constitution and taws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. The City and Consultant entered into Agreement No. N72017441, dated July 7, <br />2017, for Consultant to provide an analysis of the financial feasibility, net fiscal <br />impact and economic benefit in connection with the proposed redevelopment of <br />the 34 and Broadway parking structure located in the City's Downtown <br />(hereinafter "said Agreement ). <br />B, Thereafter, the City sent Consultant Letter Agreement No. N-2017-141-01 <br />extending the time period of said Agreement (Section 3 – TERM through <br />January 3, 2018. <br />C. In accordance with the terms and conditions of said Agreement, the Parties desire <br />to amend Section 2 – COMPENSATION to increase the total amount of said. <br />Agreement, and to amend Section 3 – TERM to further extend the time period of <br />said Agreement. <br />NOW TREREFORE, in consideration of the mutual and respective promises, slid subject to the <br />terms and conditions of said Agreement, except as herein modified, the parties agree as follows: <br />Section 2, COMPENSATION, subsection (a), shall be amended to increase the <br />compensation by an additional $4,500:00 such that the total sum to be expended <br />wider said Agreement shall not exceed -$24,500.00 during the term of said. <br />Agreement. The compensation shall continue to be based upon the rates and <br />charges identified in Consultant's Fee Schedule attached to said Agreement. <br />2. Section 3, TERM, shall be amended to read as follows: <br />"This Agreement shall continence on the date first written above and continuo <br />until July 3, 2018, unless terminated earlier in accordance with Section 15, below. <br />The tent of this Agreement may be extended upon a writing executed by the City <br />Manager and the City Attorney." <br />3, Except as hereinabove modified, all terms and conditions of said Agreement shall <br />remain in full force anci effect. <br />Page i of 2 <br />