23-0516_SAGECREST PLANNING & ENVIRONMENTAL_2nd Amd to Professional Services AgreementPage 1 of 3
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AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
SAGECREST PLANNING AND ENVIRONMENTAL
1.Parties and Date.
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of
this 16th day of May, 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 No. 1. On March 21, 2023, The City and Consultant entered into
Amendment No. 1 to the Agreement (“Amendment No. 1”) to the Agreement to increase the not-to-
exceed compensation amount.
2.3 Amendment No. 2. The City and Consultant further desire to amend the Agreement to
increase the not-to-exceed compensation amount.
2.3 Amendment Authority. This Amendment No. 2 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.
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b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $58,000. 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
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. 2, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever
the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 2.
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. 2.
3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
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