16-1101_E. STEWART & ASSOCIATES, INC._Maintenance Services Agreement First AmdAMENDMENT NO.!
TO THE MAINTENANCE SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
E. STEWART AND ASSOCIATES, INC.
1. Parties and Date.
This Amendment No.1 to the Maintenance Services Agreement is made and entered into as
of this I st day of November, 2016, 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 E. Stewart and
Associates, Inc., a California corporation, with its principal place of business at 1000 Calle Negocio,
San Clemente, California ("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 March 15, 2016 ("Agreement") for the
purpose of retaining the services of Contractor to provide professional weed and rubbish abatement
and winter preparation services.
2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to
extend the Maintenance Services Agreement for Weed, Rubbish, Winter Preparation, and Thistle
Abatement at the current unit pricing for an additional two year term, with two one-year optional
extensions at the City's discretion.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section
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
as follows:
3.1.2 Term. The term ofthis Agreement shall be from March 15,
2016, to December 31, 2018, with two one-year optional
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61147.02100\29314735 .1
extensions at the City's discretion, unless earlier terminated as
provided herein. Contractor 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 Co nt inuing 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 ofthis 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 Ad equate Con id eration. 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.
[Signatures on Next Page]
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61147.02100129314735 .1
SIGNATURE PAGE FOR AMENDMENT NO.! TO MAINTENANCE SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND E. STEWART AND ASSOCIATES, INC.
CITY OF SAN JUAN C PISTRANO E. STEWART AND ASSOCIATES, INC.
Approved y:
61147 .. 02100\29314735.1
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Signature
Ehw/W 4) 87€w/7-e r
Name
OGO
Title
Date 1 7
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E. Stewart and Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673-6205