21-0220_LEGEND PUMP & WELL SERVICE INC_1st Amd to Maintenance & Repair Services AgreementPage 1 of 3
AMENDMENT NO. 1
TO THE ON-CALL WELL AND PUMP
MAINTENANCE AND REPAIR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
LEGEND PUMP & WELL SERVICE INC.
1. Parties and Date.
This Amendment No. 1 to the ON-CALL WELL AND PUMP MAINTENANCE AND
REPAIR SERVICES AGREEMENT is made and entered into as of this 20th day of February 2021,
by and between the City of San Juan Capistrano, a municipal organization organized under the laws
of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, California 92675 (“City”) and Legend Pump & Well Service, Inc., a California
corporation with its principal place of business at 1324 W. Rialto Avenue, San Bernardino, CA
92410 ("Contractor"). City and Contractor are sometimes individually referred to as “Party” and
collectively as “Parties.”
2. Recitals.
2.1 Contractor. The City and Contractor have entered into an agreement entitled “ON-
CALL WELL AND PUMP MAINTENANCE AND REPAIR SERVICES AGREEMENT” dated
February 20, 2020, (“Agreement”) for the purpose of retaining the services of Contractor to provide
maintenance and repair services for on-call well and pump systems.
2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to
extend the term of the Agreement.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Sections
3.5.9 and 3.1.2 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.1.2 of the Agreement is hereby amended in its entirety to read
Page 2 of 3
as follows:
3.1.2 Term. The term of this Agreement shall commence on February 20, 2020, and
expire two (2) years from the commencement date, unless earlier terminated as provided herein.
Contractor shall complete the Services within the term of this Agreement, and shall meet any other
established and mutually agreed upon schedules and deadlines set forth in the Task Order. All
applicable indemnification provisions of this Agreement shall remain in effect following the
termination of this Agreement. The Parties may, by mutual, written consent, further extend the term
of this Agreement for an additional one-year period.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever
the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 may be signed in counterparts, each of which
shall constitute an original.
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CV
3/17/2021