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23-0321_SAGECREST PLANNING & ENVIRONMENTAL_1st Amd to Professional Services AgreementPage 1 of 3 61147.02100\24464451.1 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SAGECREST PLANNING AND ENVIRONMENTAL 1. Parties and Date. This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 21st day of March, 2023, 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 Sagecrest Planning and Environmental, a California Corporation with its principal place of business at 27128 Paseo Espada, Suite 1524, San Juan Capistrano, CA 92675 (“Consultant”). City and Consultant` are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Consultant. The City and Consultant have entered into an agreement entitled “PROFESSIONAL SERVICES AGREEMENT” dated December 12, 2022 (“Agreement”) for the purpose of retaining the services of Consultant to provide planning related services. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to increase the not-to-exceed compensation amount. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Section 2.b of the Agreement is hereby amended in its entirety to read as follows: 2. Compensation. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $47,000. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work Page 2 of 3 61147.02100\24464451.1 performed. Payments to Consultant for work performed will be made on a monthly billing basis. 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. 3.4 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. 3.5 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. [Signatures on Next Page] SIGNATURE PAGE FOR AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SAGECREST PLANNING AND ENVIRONMENTAL CITY OF SAN JUAN CAPISTRANO Approved By: Benjamin Siegel City Manager Date Attested By: Maria Morris, City Clerk Approved As To Form: City Attorney 61147.02100\24464451.I SAG EC REST PLANNING ENVIRONMENTAL Date Page 3 of3 AND April 12, 2023