23-0620_SAGECREST PLANNING & ENVIRONMENTAL_Amd 3 to Professional Services AgreementAMENDMENT NO.3
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
SAGECREST PLANNING AND ENVIRONMENTAL
Parties and Date.
This Amendment No. 3 to the Professional Services Agreement (this "Amendment No. 3") is
made and entered into as of this 20th day of June, 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
(the "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 a "Party" and collectively as the
"Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
"PROFESSIONAL SERVICES AGREEMENT" dated December 12, 2022 (the "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") in order to increase the not -to -exceed
compensation amount.
2.3 Amendment No. 2. On May 16, 2023, the City and Consultant entered into
Amendment No. 2 to the Agreement ("Amendment No. 2") in order to increase the not -to -exceed
compensation amount.
2.4 Amendment No. 3. The City and Consultant desire to further amend the Agreement to
extend its term and increase the not -to -exceed compensation amount.
3. Terms.
3.1 Amendment to Section 2 Compensation. Section 2(b) of the Agreement is hereby
amended in its entirety to read as follows:
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2. Compensation.
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $145,360. 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 Amendment to Section 5 Term. Section 5 of the Agreement is hereby amended in its
entirety to read as follows:
5. Term.
The term of this Agreement shall be from the effective date to June 30, 2024, unless
earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the
term of this Agreement if necessary to complete the Project. Consultant shall perform its
services in a prompt and timely manner within the term of this Agreement and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
The Notice to Proceed shall set forth the date of commencement of work.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the
term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 3.
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. 3.
3.5 Severability. If any portion of this Amendment No. 3 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]
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61147.02100\24464451.1
SIGNATURE PAGE FOR AMENDMENT NO.3 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND SAGECREST PLANNING AND ENVIRONMENTAL
CITY OF SAN JUAN CAPISTRANO SAGECREST PLANNING AND
Approved By: ENVIRONMENTAL
Benj mi iegel
City Manager
I V Q I I IK;;;
W7:�=10-4�
A' t By: Title
Maria Morris, ty lerk Date
Approved As To Form:
City(Attorney
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61147.02100\24464451.1