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22-0607_ROHAN AND SONS, INC_First Amd to Maintenance Services AgreementAMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ROHAN AND SONS, INC. Parties and Date. This Amendment No. 1 to the Maintenance Services Agreement is made and entered into as of this 7th day of June, 2022, 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 Rohan and Sons, Inc., a California corporation, with its principal place of business at 244 Calle Pintoresco, San Clemente, CA 92673 ("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 "MAINTENANCE SERVICES AGREEMENT" dated October 3, 2017 ("Agreement") for the purpose of retaining the services of Contractor to provide heating, ventilation, and air conditioning maintenance and repair services. 2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to extend the Maintenance Services Agreement for Heating, Ventilation, and Air Conditioning Maintenance and Repair Services at the current unit pricing for an additional two years beginning July 1, 2022 and ending June 30, 2024. All other terms and conditions will remain the some as noted in the Agreement. 2.3 Amendment Authorit . This Amendment No. 1 is authorized pursuant to Section 3.1.2 and 3.5.9 of the Agreement. 3. Terms. 3.1 Amendment. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows: 3.1.2 Term. The term of this Agreement shall be from July 1, 2022, to June 30, 2024, unless earlier terminated as provided herein, riantractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. In addition to the foregoing optional extensions exercisable at the City's discretion, the Parties may, by mutual, written consent, further extend the term of this Agreement if necessary, to Complete the Services. 3.2 Continuing Effect of Aoreernent. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full farce 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 CoLnsi dtration. 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 SeveratA ty. 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 fall force and effect. [Signatures on Next Page] SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ROHAN AND SONS, INC. CITY OF SAN JUAN CAPISTRAlNO Approved By, Benjamin Siegel City Manager Approved As To Form: City AA6mey ROHAN Signature Name Title Date y / 2- 1 /2.